H.R. 2780 — Introduced in House

I 118th CONGRESS 1st Session H. R. 2780 IN THE HOUSE OF REPRESENTATIVES April 20, 2023Mr. 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.