II 

117TH CONGRESS 

2D SESSION S. 4682 

To provide for disapproval by Congress of the invocation of authorities under 

the Defense Production Act of 1950. 

IN THE SENATE OF THE UNITED STATES 

JULY 28, 2022 

Mr. MARSHALL (for himself, Mr. BARRASSO, and Mr. THUNE) introduced the 

following bill; which was read twice and referred to the Committee on 

Banking, Housing, and Urban Affairs 

A BILL 

To provide for disapproval by Congress of the invocation 

of authorities under the Defense Production Act of 1950. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Defense Production 

5 Oversight Act of 2022’’. 


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1 SEC. 2. CONGRESSIONAL DISAPPROVAL OF INVOCATION OF 

2 DEFENSE PRODUCTION ACT OF 1950 AU3 THORITIES. 

4 Title VII of the Defense Production Act of 1950 (50 

5 U.S.C. 4551 et seq.) is amended by adding at the end 

6 the following: 

7 ‘‘SEC. 724. CONGRESSIONAL DISAPPROVAL OF INVOCATION 

8 OF TITLE I AND III AUTHORITIES. 

9 ‘‘(a) IN GENERAL.—An invocation by the President 

10 of authorities under title I or III shall have no force or 

11 effect on or after the date of the enactment of a joint reso12 lution of disapproval. 

13 ‘‘(b) JOINT RESOLUTION OF DISAPPROVAL DE14 FINED.—In this section, the term ‘joint resolution of dis15 approval’ means a joint resolution the sole matter after 

16 the resolving clause of which is as follows: ‘That Congress 

17 disapproves of the invocation by the President of authori18 ties under the Defense Production Act of 1950 (50 U.S.C. 

19 4501 et seq.) relating to lll.’, with the blank space 

20 being filled with a brief description of the matter with re21 spect to which the President invoked such authorities. 

22 ‘‘(c) REFERRAL.—A joint resolution of disapproval 

23 shall be referred to the committees in each House of Con24 gress with jurisdiction. 

25 ‘‘(d) CONSIDERATION IN SENATE.— 


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1 ‘‘(1) COMMITTEE DISCHARGE.—In the Senate, 

2 if the committee to which is referred a joint resolu3 tion of disapproval has not reported such joint reso4 lution (or an identical joint resolution) at the end of 

5 20 calendar days after the date on which the Presi6 dent invokes the authorities that are the subject of 

7 the joint resolution of disapproval, such committee 

8 may be discharged from further consideration of 

9 such joint resolution upon a petition supported in 

10 writing by 30 Members of the Senate, and such joint 

11 resolution shall be placed on the calendar. 

12 ‘‘(2) FLOOR CONSIDERATION.— 

13 ‘‘(A) PROCEEDING TO CONSIDERATION.— 

14 In the Senate, when the committee to which a 

15 joint resolution of disapproval is referred has 

16 reported, or when a committee is discharged 

17 (under paragraph (1)) from further consider18 ation of, a joint resolution of disapproval, it is 

19 at any time thereafter in order (even though a 

20 previous motion to the same effect has been dis21 agreed to) for a motion to proceed to the con22 sideration of the joint resolution, and all points 

23 of order against the joint resolution (and 

24 against consideration of the joint resolution) 

25 are waived. The motion is not subject to 


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1 amendment, or to a motion to postpone, or to 

2 a motion to proceed to the consideration of 

3 other business. A motion to reconsider the vote 

4 by which the motion is agreed to or disagreed 

5 to shall not be in order. If a motion to proceed 

6 to the consideration of the joint resolution is 

7 agreed to, the joint resolution shall remain the 

8 unfinished business of the Senate until disposed 

9 of. 

10 ‘‘(B) DEBATE.—In the Senate, debate on 

11 a joint resolution of disapproval, and on all de12 batable motions and appeals in connection 

13 therewith, shall be limited to not more than 10 

14 hours, which shall be divided equally between 

15 those favoring and those opposing the joint res16 olution. A motion further to limit debate is in 

17 order and not debatable. An amendment to, or 

18 a motion to postpone, or a motion to proceed to 

19 the consideration of other business, or a motion 

20 to recommit the joint resolution is not in order. 

21 ‘‘(C) VOTE ON FINAL PASSAGE.—In the 

22 Senate, immediately following the conclusion of 

23 the debate on a joint resolution of disapproval, 

24 and a single quorum call at the conclusion of 

25 the debate if requested in accordance with the 


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1 rules of the Senate, the vote on final passage of 

2 the joint resolution shall occur. 

3 ‘‘(D) APPEALS FROM DECISIONS OF THE

4 CHAIR.—Appeals from the decisions of the 

5 Chair relating to the application of the rules of 

6 the Senate to the procedure relating to a joint 

7 resolution of disapproval shall be decided with8 out debate. 

9 ‘‘(3) TIME FOR CONSIDERATION.—In the Sen10 ate, the procedures specified in this subsection shall 

11 not apply to the consideration of a joint resolution 

12 of disapproval after the expiration of the period of 

13 60 session days beginning on the date on which the 

14 President invokes the authorities that are the sub15 ject of the joint resolution. 

16 ‘‘(e) CONSIDERATION OF RESOLUTION OF OTHER

17 HOUSE.—If, before the passage by one House of a joint 

18 resolution of disapproval of that House, that House re19 ceives from the other House a joint resolution of dis20 approval, then the following procedures shall apply: 

21 ‘‘(1) The joint resolution of the other House 

22 shall not be referred to a committee. 

23 ‘‘(2) With respect to a joint resolution of the 

24 House receiving the joint resolution— 


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1 ‘‘(A) the procedure in that House shall be 

2 the same as if no joint resolution had been re3 ceived from the other House; but 

4 ‘‘(B) the vote on final passage shall be on 

5 the joint resolution of the other House. 

6 ‘‘(f) RULES OF SENATE AND HOUSE OF REPRESENT7 ATIVES.—This section is enacted by Congress— 

8 ‘‘(1) as an exercise of the rulemaking power of 

9 the Senate and House of Representatives, respec10 tively, and as such it is deemed a part of the rules 

11 of each House, respectively, but applicable only with 

12 respect to the procedure to be followed in that 

13 House in the case of a joint resolution of dis14 approval, and it supersedes other rules only to the 

15 extent that it is inconsistent with such rules; and 

16 ‘‘(2) with full recognition of the constitutional 

17 right of either House to change the rules (so far as 

18 relating to the procedure of that House) at any time, 

19 in the same manner, and to the same extent as in 

20 the case of any other rule of that House.’’. 

Æ 


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