I 
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) intro-
duced the following bill; which was referred to the Committee on Finan-
cial 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 Representa-
tives 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’’. 
VerDate Sep 11 2014 
22:15 Apr 26, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2780.IH
H2780
kjohnson on DSK79L0C42PROD with BILLS
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 ‘‘author-
ized’’ and inserting ‘‘authorized, during a pe-
riod in which Congress has formally declared 
war,’’; and 
(B) in subsection (c)(1) by inserting ‘‘dur-
ing a period in which Congress has formally de-
clared 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 for-
mally declared war’’. 
(b) EXPANSION OF PRODUCTIVE CAPACITY AND SUP-
PLY.—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 Presi-
dent may authorize’’ and inserting ‘‘the President 
VerDate Sep 11 2014 
22:15 Apr 26, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2780.IH
H2780
kjohnson on DSK79L0C42PROD with BILLS
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, dur-
ing 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 Presi-
dent 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 Presi-
dent 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 author-
ized’’; and 
(D) in subsection (g) by striking ‘‘the 
President may make’’ and inserting ‘‘the Presi-
dent may, during a period in which Congress 
has formally declared war, make’’. 
VerDate Sep 11 2014 
22:15 Apr 26, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2780.IH
H2780
kjohnson on DSK79L0C42PROD with BILLS
(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 pe-
riod in which Congress has formally declared war’’ 
after ‘‘Any officer or agency head may’’; 
(2) in section 708(c)(1) by striking ‘‘the Presi-
dent 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 ‘‘dur-
ing a period in which Congress has formally de-
clared war,’’ after ‘‘authorized,’’; 
(B) in subsection (c) by inserting ‘‘during 
a period in which Congress has formally de-
clared war,’’ after ‘‘authorized,’’; 
(C) in subsection (d) by striking ‘‘The 
President may utilize’’ and inserting ‘‘The 
President may, during a period in which Con-
gress has formally declared war, utilize’’; and 
(D) in subsection (e) by striking ‘‘author-
ized’’ and inserting ‘‘authorized, during a pe-
riod in which Congress has formally declared 
war,’’. 
VerDate Sep 11 2014 
22:15 Apr 26, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2780.IH
H2780
kjohnson on DSK79L0C42PROD with BILLS
(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), re-
spectively; 
(B) in subsection (a), as so redesignated, 
by striking ‘‘subsection (b)’’ and inserting ‘‘sub-
section’’ each place it appears; and 
(C) in subsection (b), as so redesignated, 
by striking ‘‘section 55a’’ and inserting ‘‘section 
3109’’. 
Æ 
VerDate Sep 11 2014 
22:15 Apr 26, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H2780.IH
H2780
kjohnson on DSK79L0C42PROD with BILLS