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DPA Reform Act of 2022

H.R. 8232 · 117th Congress · Jun 24, 2022 · Lineage

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.

Section 1 Short title

This Act may be cited as the “DPA Reform Act of 2022”.

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”.