Sen. Marshall, Rep. Donalds Introduce Bill to Stop Biden Administration Abuse of Defense Production Act

(Washington, D.C., July 28, 2022) – Today, U.S. Senator Roger Marshall, M.D. and U.S. Representative Byron Donalds (FL) introduced the Defense Production Oversight Act, new legislation that would prevent the Biden Administration from abusing the Defense Production Act to advance its partisan environmental agenda that does not have enough support to pass Congress.

“Congress has given extraordinary emergency powers to the executive branch under the assumption that they would only be used in extraordinary circumstances. President Biden has decided to abuse that authority to give the impression he’s acting on the crises his administration continues to create and to push a climate agenda that cannot succeed legislatively. Congress must rein in an executive who’s overstepping his authority.” said Senator Marshall. “Our bill will keep the Defense Production Act intact so that we are not weakening America’s ability to respond to actual emergencies, and simply inserts provisions that allow Congress to interject if a President oversteps the intentions of the DPA.”

“For 72 years, the Defense Production Act stood as a worst-case scenario option in the event of a national emergency or international conflict to fully mobilize the weight of America’s private and public sectors amid monumental junctures in time,” said Representative Donalds. “Since its inception, only six presidents enacted the DPA—today, under the Biden administration, it’s been enacted four times. This egregious abuse of the DPA threatens our governing system, which places clear checks on each branch of government. The DPA isn’t a way to circumvent the Legislative Branch when the Executive Branch fails to gain traction on its agenda, and this bill aims to curtail its use for its intended purpose.”

Joining Senator Marshall on his legislation in the Senate are Senators John Barrasso, M.D. (WY) and John Thune (SD), and Representative William Timmons (SC) joined Representative Donalds on his legislation in the House of Representatives.

“The Defense Production Act is a critical tool to address emergency supply deficiencies related to our national defense. It shouldn’t be used to push political priorities that Congress hasn’t approved and don’t directly impact our ability to defend the nation. Our bill allows Congress to stop any president from abusing this executive authority,” said Senator Barrasso.

“Laws like the Defense Production Act are increasingly viewed as executive tools to pull an end-run around Congress, even for matters that are clearly outside of the defense or national security space,” said Senator Thune. “This legislation would provide an important check against the Biden administration’s overreach.”

“The Defense Production Act is a critical tool in times of national emergency, not a loophole for this or any other president to help advance their political agenda. We must preserve this power for times of crisis, which is why I am proud to join my colleagues in introducing the Defense Production Oversight Act. This important bill will ensure the original intent of the legislation and protect it from abuse,” said Representative Timmons.

You may click HERE to read the full text of the Defense Production Oversight Act.

Background on the Defense Production Oversight Act:

Specifically, the Defense Production Oversight Act would empower Congress to express its disapproval of an administration’s, current or future, use of the Defense Production Act. A resolution expressing congressional disapproval would need to pass both the House and Senate.

The Biden Administration has proved it is willing to invoke the Defense Production Act to advance its green energy priorities. On June 6, theDepartment of Energy used the Defense Production Act to increase the domestic manufacturing of materials that are important to clean energy production. This decision came as Americans were facing record energy prices amid the Biden Administration’s efforts to end the use of fossil fuels in the United States, and a few weeks before the United States officially entered a recession.