DPA Reform Act of 2023

Subjects: Armed Forces and National Security


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2780 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 2780

 To amend the Defense Production Act of 1950 to provide that authority 
 under the Act can only be exercised during a period in which Congress 
           has formally declared war, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 20, 2023

   Mr. Perry (for himself, Mr. Tiffany, Mr. Ogles, and Mr. Davidson) 
 introduced the following bill; which was referred to the Committee on 
                           Financial Services

_______________________________________________________________________

                                 A BILL


 
 To amend the Defense Production Act of 1950 to provide that authority 
 under the Act can only be exercised during a period in which Congress 
           has formally declared war, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DPA Reform Act of 2023''.

SEC. 2. DECLARATION OF WAR REQUIRED TO EXERCISE AUTHORITY UNDER THE 
              DPA.

    (a) Priorities and Allocations.--Title I of the Defense Production 
Act of 1950 (50 U.S.C. 4511 et seq.) is amended--
            (1) in section 101--
                    (A) in subsection (a) by striking ``authorized'' 
                and inserting ``authorized, during a period in which 
                Congress has formally declared war,''; and
                    (B) in subsection (c)(1) by inserting ``during a 
                period in which Congress has formally declared war,'' 
                after ``may,'';
            (2) in section 102 by inserting ``during a period in which 
        Congress has formally declared war,'' after ``hoarding,''; and
            (3) in section 107(b)(1) by striking ``peacetime, graduated 
        mobilization, and national emergency'' and inserting ``a period 
        in which Congress has formally declared war''.
    (b) Expansion of Productive Capacity and Supply.--Title III of the 
Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) is amended--
            (1) in section 301(a)(1) by striking ``the President may 
        authorize'' and inserting ``the President may, during a period 
        in which Congress has formally declared war, authorize'';
            (2) in section 302(a) by striking ``the President may 
        make'' and inserting ``the President may, during a period in 
        which Congress has formally declared war, make''; and
            (3) in section 303--
                    (A) in subsection (a)(1) by striking ``the 
                President may make'' and inserting ``the President may, 
                during a period in which Congress has formally declared 
                war, make'';
                    (B) in subsection (c)(2) by striking ``the 
                President may make'' and inserting ``the President may, 
                during a period in which Congress has formally declared 
                war, make'';
                    (C) in subsection (e)(1) by inserting ``, during a 
                period in which Congress has formally declared war'' 
                after ``the President is authorized''; and
                    (D) in subsection (g) by striking ``the President 
                may make'' and inserting ``the President may, during a 
                period in which Congress has formally declared war, 
                make''.
    (c) General Provisions.--Title VII of the Defense Production Act of 
1950 (50 U.S.C. 4531 et seq.) is amended--
            (1) in section 703 by inserting ``, during a period in 
        which Congress has formally declared war'' after ``Any officer 
        or agency head may'';
            (2) in section 708(c)(1) by striking ``the President may 
        consult'' and inserting ``the President may, during a period in 
        which Congress has formally declared war, consult''; and
            (3) in section 710--
                    (A) in subsection (b)(1) by inserting ``during a 
                period in which Congress has formally declared war,'' 
                after ``authorized,'';
                    (B) in subsection (c) by inserting ``during a 
                period in which Congress has formally declared war,'' 
                after ``authorized,'';
                    (C) in subsection (d) by striking ``The President 
                may utilize'' and inserting ``The President may, during 
                a period in which Congress has formally declared war, 
                utilize''; and
                    (D) in subsection (e) by striking ``authorized'' 
                and inserting ``authorized, during a period in which 
                Congress has formally declared war,''.
    (d) Technical Amendments.--
            (1) Section 101(c)(1) of the Defense Production Act of 1950 
        (50 U.S.C. 4511(c)(1)) is amended by striking ``paragraph (3)'' 
        and inserting ``paragraph (2)''.
            (2) Section 710 of the Defense Production Act of 1950 (50 
        U.S.C. 4560) is amended--
                    (A) by redesignating subsections (b) through (g) as 
                subsections (a) through (f), respectively;
                    (B) in subsection (a), as so redesignated, by 
                striking ``subsection (b)'' and inserting 
                ``subsection'' each place it appears; and
                    (C) in subsection (b), as so redesignated, by 
                striking ``section 55a'' and inserting ``section 
                3109''.
                                 &lt;all&gt;
</pre></body></html>