I 118th CONGRESS 1st Session H. R. 2780 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.

1. Short title This Act may be cited as the DPA Reform Act of 2023 . 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 .