PolicyBrief
H.R. 3542
119th CongressMay 21st 2025
CLEAR (Committee Leadership and Enhanced Accountability for Resilience) Defense Production Act of 2025
IN COMMITTEE

This bill reforms the Defense Production Act Committee under Commerce Department leadership and establishes a public registry to track the use of DPA authorities for enhanced accountability and transparency.

James "Jim" Himes
D

James "Jim" Himes

Representative

CT-4

LEGISLATION

New Law Centralizes Defense Production Powers Under Commerce, Mandates Public Registry Within One Year

The CLEAR Defense Production Act of 2025 is all about cleaning up and centralizing how the government uses its biggest emergency tool: the Defense Production Act (DPA). Think of the DPA as the government’s emergency debit card, allowing it to force companies to prioritize national defense needs, like making ventilators during a pandemic or specific microchips for military gear. This bill doesn’t change the DPA’s powers, but it completely overhauls who’s running the show and how transparent they have to be.

The New Boss: Commerce Takes the Wheel

Right now, the DPA Committee, which coordinates how different agencies use these powers, is a bit decentralized. This bill changes that by centralizing leadership under the Department of Commerce. Specifically, a senior, full-time employee from Commerce (part of the Senior Executive Service) will now chair the Committee and report directly to the Secretary of Commerce (SEC. 2). This new Chairperson’s job isn't just to manage the existing “priorities and allocations” (who gets what first), but to look at the “effective use of the authorities provided under this Act” generally. Every federal agency that uses DPA powers must now designate a Senior Executive Service member to coordinate directly with this new Chairperson. This means the Commerce Department is now the quarterback for the entire DPA playbook, which could streamline emergency responses but also concentrates a lot of power in one place.

Lights On: The DPA Registry

If you’ve ever wondered how often the government invokes these extraordinary powers—and why—this bill promises to pull back the curtain. Section 3 mandates the creation of a secure, electronic DPA Registry within one year. This database must track every time a federal agency uses any DPA authority, starting from one year before the law is even signed. For each entry, the registry must explain why the power was used and how it supported U.S. national defense goals.

For the average person, this is huge. It means increased accountability; we finally get to see the receipts. Agencies must update this registry quarterly. However, there’s a crucial caveat: the Secretary of Commerce can restrict public access to any information deemed sensitive to U.S. national security. While necessary for real defense secrets, this broad exception could be used to shield significant DPA usage from public view, potentially undermining the transparency the registry is meant to provide.

What This Means for Everyday Life

This bill mainly affects the bureaucracy, but the changes have real-world implications. If you’re a small business owner who might get a DPA order (say, to produce specific parts for the government), the centralization under Commerce should, in theory, make the process more coordinated and less confusing across different agencies. For taxpayers and informed citizens, the DPA Registry is a win for oversight—assuming the national security exemption isn't overused. We will finally have a public record of how the government is using its most powerful industrial mobilization tool. Furthermore, Congress isn't letting this new structure fly blind; the Comptroller General is required to report back to key Congressional committees two years after enactment, assessing how well this new coordination structure is actually working.