May 21, 2025
Mr. Himes (for himself and Mr. Nunn of Iowa) introduced the following bill; which was referred to the Committee on Financial Services
To amend the Defense Production Act of 1950 to require the establishment of a DPA Registry, and for other purposes.
Section 1. Short title
This Act may be cited as the CLEAR (Committee Leadership and Enhanced Accountability for Resilience) Defense Production Act of 2025
.
Sec. 2. Improvements to the Defense Production Act Committee
(a) In general
Section 722 of the Defense Production Act of 1950 (50 U.S.C. 4567) is amended—
(1)
in subsection (a), by striking on the effective use of the priorities and allocations authorities under this Act
and inserting the effective use of the authorities provided under this Act
;
(2)
in subsection (b)—
(A)
in paragraph (1)—
(i)
in subparagraph (A), by striking and
at the end;
(ii)
in subparagraph (B), by striking the period at the end and inserting ; and
; and
(iii)
by adding at the end the following:
(C)
the chairperson of the Committee.
(B)
by striking paragraph (2) and inserting the following:
(2) Chairperson of the Committee
(A) In general
The Chairperson of the Committee shall be a senior, full-time employee of the Department of Commerce classified as a member of the Senior Executive Service, as defined in section 2101a of title 5, United States Code, selected by the Secretary of Commerce.
(B) Reporting authority
The Chairperson of the Committee shall report directly to the Secretary of Commerce on all matters—
(i)
undertaken under this Act; and
(ii)
relating to and the Committee.
(C) Duties
The Chairperson of the Committee’s primary job responsibility shall be to lead the Committee and help fulfill the responsibilities of the Committee under this section.
(D) Provision of information
The Chairperson of the Committee shall provide information to each member of the Committee about—
(i)
the frequency of the meetings of the Committee and the expected content of such meetings;
(ii)
the type and quality of information that needs to be shared with the Committee by Federal departments and agencies on the planned and actual use of authorities provided under this Act; and
(iii)
any other information necessary for the President, acting through the Committee, to coordinate and plan for the effective use of the authorities provided under this Act.;
(3)
by striking subsection (c) and inserting the following:
(c) Coordination of the Committee activities
(1) In general
The Secretary of Commerce shall—
(A)
ensure that the Chairperson of the Committee has the necessary staff and resources to carry out this section; and
(B)
shall submit funding requests on behalf of the Committee and the Chairperson for inclusion in the President’s budget of the United States;
(2) Coordinator
The members of the Committee shall, not later than 90 days after the enactment of this subsection, designate one member of the Senior Executive Service, as defined in section 2101a of title 5, from each department, agency, or independent establishment of the Federal Government to which the President has delegated authority under this Act, to coordinate with the Chairperson of the Committee as required by the Chairperson on the effective use of the authorities provided under this Act. ;
(4)
in subsection (d)—
(A)
by striking paragraphs (1) and (2) and inserting the following:
(1)
a review of the use of the authorities provided under this Act by each department, agency, or independent establishment of the Federal Government to which the President has delegated authority under this Act; and
(2)
recommendations about how to effectively use the authorities provided under this Act in a manner that is consistent with the statement of policy set forth in section 2(b).;
(B)
in paragraph (3), by striking to support the effective use of the priorities and allocations authorities in this Act
and inserting to support the effective use of the authorities provided under this Act
;
(C)
in paragraph (4), by striking the use of the priorities and allocations authorities in this Act;
and inserting the effective use of the authorities provided under this Act; and
; and
(D)
by striking paragraph (5) and redesignating paragraph (6) as paragraph (5).
(b) Comptroller general report
(1) In general
Not later than 2 years after the date of the enactment of this section, the Comptroller General of the United States shall issue a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing and Urban Affairs of the Senate.
(2) Contents
The report required under paragraph (1) shall include—
(A)
an assessment of the quality of the coordination and planning relating to the effective use of the authorities provided under the Defense Production Act of 1950 completed by the Committee under section 722 of the Defense Production Act of 1950;
(B)
a review of the information provided by the Chairperson of the Committee to members of the Committee under section 722(b)(2) of the Defense Production Act of 1950;
(C)
an identification of the authorities provided under the Defense Production Act of 1950 that may need additional attention from the Committee established under section 722 of the Defense Production Act of 1950; and
(D)
any other recommendations relating to how the Committee established under section 722 of the Defense Production Act of 1950 could improve its coordination and planning.
Sec. 3. Transparency registry of uses of DPA authorities
Title VII of the of the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) is amended by adding at the end the following new section:
724. Registry of uses of DPA authorities
(a) Establishment
The Secretary of Commerce, acting through the Chairperson of the Defense Production Act Committee established under section 722 of this Act, shall, not later than 1 year after the date of the enactment of this section, establish a secure, electronic database that can include records about how each authority under this Act is used by the Federal Government (in this section referred to as the
DPA Registry).(b) Contents
The DPA Registry established by the Secretary of Commerce under subsection (a) shall—
(1)
identify each use of an authority provided under this Act by any Federal agency on or after the date that is 1 year before the date of the enactment of this section; and
(2)
describe, with respect to each use identified under paragraph (1)—
(A)
why the authority was used; and
(B)
how the authority was used to accomplish an objective in support of the national defense of the United States.
(c) Addition of information to the DPA Registry
(1) In general
The head of each Federal agency that uses the authorities provided under this Act shall, not later than 180 days after the establishment of the DPA database under subsection (a), enter any data into the DPA database that the Chairperson of the Defense Production Act Committee may require, including information about each use of an authority provided under the Act by the Federal agency on or after the date that is 1 year before the date of the enactment of this section.
(2) Update
The head of each Federal agency that uses the authorities provided under this Act shall, each quarter, update the information in the DPA registry and submit any new information that the Chairperson of the Defense Production Act Committee may require.
(d) Security of DPA Registry
The Secretary of Commerce, acting through the Chairperson of the Defense Production Act Committee, shall ensure that the DPA registry is secure from cyber attacks and manipulation.
(e) DPA Registry Access
(1) In general
The Secretary of Commerce, acting through the Chairperson of the Defense Production Act Committee, shall ensure that the DPA Registry is structured in such a way to allow access to varying information for different types of users, including—
(A)
users employed by or contracted by Federal agencies or the Congress; and
(B)
users who are members of the public.
(2) Sensitive information
The Secretary of Commerce, acting through the Chairperson of the Defense Production Act Committee, may limit access to certain types of information in the DPA Registry that may be sensitive to the national security of the United States.
(3) Promotion of transparency
The Secretary of Commerce, shall in carrying out this section, maximize transparency by providing as much access to information in the DPA Registry as is practicable while preserving the national security of the United States.