DPA Reform Act of 2023

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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘DPA Reform Act of 4 2023’’. 5 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 2 •HR 2780 IH SEC. 2. DECLARATION OF WAR REQUIRED TO EXERCISE 1 AUTHORITY UNDER THE DPA. 2 (a) PRIORITIES AND ALLOCATIONS.—Title I of the 3 Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) 4 is amended— 5 (1) in section 101— 6 (A) in subsection (a) by striking ‘‘author- 7 ized’’ and inserting ‘‘authorized, during a pe- 8 riod in which Congress has formally declared 9 war,’’; and 10 (B) in subsection (c)(1) by inserting ‘‘dur- 11 ing a period in which Congress has formally de- 12 clared war,’’ after ‘‘may,’’; 13 (2) in section 102 by inserting ‘‘during a period 14 in which Congress has formally declared war,’’ after 15 ‘‘hoarding,’’; and 16 (3) in section 107(b)(1) by striking ‘‘peacetime, 17 graduated mobilization, and national emergency’’ 18 and inserting ‘‘a period in which Congress has for- 19 mally declared war’’. 20 (b) EXPANSION OF PRODUCTIVE CAPACITY AND SUP- 21 PLY.—Title III of the Defense Production Act of 1950 (50 22 U.S.C. 4531 et seq.) is amended— 23 (1) in section 301(a)(1) by striking ‘‘the Presi- 24 dent may authorize’’ and inserting ‘‘the President 25 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 3 •HR 2780 IH may, during a period in which Congress has formally 1 declared war, authorize’’; 2 (2) in section 302(a) by striking ‘‘the President 3 may make’’ and inserting ‘‘the President may, dur- 4 ing a period in which Congress has formally declared 5 war, make’’; and 6 (3) in section 303— 7 (A) in subsection (a)(1) by striking ‘‘the 8 President may make’’ and inserting ‘‘the Presi- 9 dent may, during a period in which Congress 10 has formally declared war, make’’; 11 (B) in subsection (c)(2) by striking ‘‘the 12 President may make’’ and inserting ‘‘the Presi- 13 dent may, during a period in which Congress 14 has formally declared war, make’’; 15 (C) in subsection (e)(1) by inserting ‘‘, 16 during a period in which Congress has formally 17 declared war’’ after ‘‘the President is author- 18 ized’’; and 19 (D) in subsection (g) by striking ‘‘the 20 President may make’’ and inserting ‘‘the Presi- 21 dent may, during a period in which Congress 22 has formally declared war, make’’. 23 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 4 •HR 2780 IH (c) GENERAL PROVISIONS.—Title VII of the Defense 1 Production Act of 1950 (50 U.S.C. 4531 et seq.) is 2 amended— 3 (1) in section 703 by inserting ‘‘, during a pe- 4 riod in which Congress has formally declared war’’ 5 after ‘‘Any officer or agency head may’’; 6 (2) in section 708(c)(1) by striking ‘‘the Presi- 7 dent may consult’’ and inserting ‘‘the President 8 may, during a period in which Congress has formally 9 declared war, consult’’; and 10 (3) in section 710— 11 (A) in subsection (b)(1) by inserting ‘‘dur- 12 ing a period in which Congress has formally de- 13 clared war,’’ after ‘‘authorized,’’; 14 (B) in subsection (c) by inserting ‘‘during 15 a period in which Congress has formally de- 16 clared war,’’ after ‘‘authorized,’’; 17 (C) in subsection (d) by striking ‘‘The 18 President may utilize’’ and inserting ‘‘The 19 President may, during a period in which Con- 20 gress has formally declared war, utilize’’; and 21 (D) in subsection (e) by striking ‘‘author- 22 ized’’ and inserting ‘‘authorized, during a pe- 23 riod in which Congress has formally declared 24 war,’’. 25 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 5 •HR 2780 IH (d) TECHNICAL AMENDMENTS.— 1 (1) Section 101(c)(1) of the Defense Production 2 Act of 1950 (50 U.S.C. 4511(c)(1)) is amended by 3 striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph 4 (2)’’. 5 (2) Section 710 of the Defense Production Act 6 of 1950 (50 U.S.C. 4560) is amended— 7 (A) by redesignating subsections (b) 8 through (g) as subsections (a) through (f), re- 9 spectively; 10 (B) in subsection (a), as so redesignated, 11 by striking ‘‘subsection (b)’’ and inserting ‘‘sub- 12 section’’ each place it appears; and 13 (C) in subsection (b), as so redesignated, 14 by striking ‘‘section 55a’’ and inserting ‘‘section 15 3109’’. 16 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