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Defense Production Act Authority and Functions of the FEMA Administrator

Since it was first established in 1979, FEMA has been responsible for providing Government-wide coordination and guidance for use of the DPA authorities.  FEMA’s DPA authority and functions transferred to the DHS Secretary, when FEMA became part of DHS, but the Secretary’s DPA authority and functions have been re-delegated back to the FEMA Administrator.  The delegation of DPA authorities from the Secretary to the Administrator was updated, recently, in DHS Delegation Number 09052, “Delegation of Defense Production Act Authority to the Administrator of the Federal Emergency Management Agency,” January 3, 2017.

The Administrator’s DPA authority and functions include:

  • Advising the President on issues of national security resource preparedness and the use of DPA authorities;
  • Providing coordination and guidance for the DPA plans and programs of all federal departments and agencies;
  • Determining which programs involving: emergency preparedness, response, and recovery activities; critical infrastructure protection and restoration; countermeasures to the threats of terrorism within the United States; and continuity of Government are eligible to be supported using the DPA priorities and allocations authorities;
  • Coordinating with and identifying program priorities for other federal departments and agencies for use of the priorities and allocations authority and authorities provided in DPA Section 303;
  • Providing policy and procedures for use of DPA authorities by FEMA and other DHS Components;
  • Promulgating rules for use of DPA authorities by DHS and other federal departments and agencies;
  • Implementing DPA authorities, as appropriate, in support of emergency management plans and programs;
  • Authorizing use of DPA authorities in support of homeland security programs;
  • Re-delegating DPA authorities to FEMA subordinates, Heads of other DHS Components, and other federal departments and agencies, as appropriate;
  • Authorizing use of DPA authorities by state, local, tribal, and territorial governments in support of their emergency preparedness programs;
  • Serving as Chairperson of the Defense Production Act Committee;
  • Identifying resource requirements for the full spectrum of emergencies and assessing the capabilities of the domestic industrial and technological base to satisfy these requirements; and
  • Reporting periodically to the President and Congress concerning DPA program activities.