Title: Defense Production Oversight Act of 2022
Policy area: Congress

Summary:
Defense Production Oversight Act of 2022
This bill authorizes Congress to nullify the President's invocation of authorities under the Defense Production Act of 1950 by enacting a joint resolution disapproving of the invocation. It also outlines procedures for the consideration of the joint resolution.
(The Defense Production Act of 1950 confers upon the President a broad set of authorities to influence domestic industry in order to provide essential materials and goods needed for the national defense.)

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4682 Introduced in Senate (IS)]

<DOC>






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defense Production Oversight Act of 
2022''.

SEC. 2. CONGRESSIONAL DISAPPROVAL OF INVOCATION OF DEFENSE PRODUCTION 
              ACT OF 1950 AUTHORITIES.

    Title VII of the Defense Production Act of 1950 (50 U.S.C. 4551 et 
seq.) is amended by adding at the end the following:

``SEC. 724. CONGRESSIONAL DISAPPROVAL OF INVOCATION OF TITLE I AND III 
              AUTHORITIES.

    ``(a) In General.--An invocation by the President of authorities 
under title I or III shall have no force or effect on or after the date 
of the enactment of a joint resolution of disapproval.
    ``(b) Joint Resolution of Disapproval Defined.--In this section, 
the term `joint resolution of disapproval' means a joint resolution the 
sole matter after the resolving clause of which is as follows: `That 
Congress disapproves of the invocation by the President of authorities 
under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) 
relating to ___.', with the blank space being filled with a brief 
description of the matter with respect to which the President invoked 
such authorities.
    ``(c) Referral.--A joint resolution of disapproval shall be 
referred to the committees in each House of Congress with jurisdiction.
    ``(d) Consideration in Senate.--
            ``(1) Committee discharge.--In the Senate, if the committee 
        to which is referred a joint resolution of disapproval has not 
        reported such joint resolution (or an identical joint 
        resolution) at the end of 20 calendar days after the date on 
        which the President invokes the authorities that are the 
        subject of the joint resolution of disapproval, such committee 
        may be discharged from further consideration of such joint 
        resolution upon a petition supported in writing by 30 Members 
        of the Senate, and such joint resolution shall be placed on the 
        calendar.
            ``(2) Floor consideration.--
                    ``(A) Proceeding to consideration.--In the Senate, 
                when the committee to which a joint resolution of 
                disapproval is referred has reported, or when a 
                committee is discharged (under paragraph (1)) from 
                further consideration of, a joint resolution of 
                disapproval, it is at any time thereafter in order 
                (even though a previous motion to the same effect has 
                been disagreed to) for a motion to proceed to the 
                consideration of the joint resolution, and all points 
                of order against the joint resolution (and against 
                consideration of the joint resolution) are waived. The 
                motion is not subject to amendment, or to a motion to 
                postpone, or to a motion to proceed to the 
                consideration of other business. A motion to reconsider 
                the vote by which the motion is agreed to or disagreed 
                to shall not be in order. If a motion to proceed to the 
                consideration of the joint resolution is agreed to, the 
                joint resolution shall remain the unfinished business 
                of the Senate until disposed of.
                    ``(B) Debate.--In the Senate, debate on a joint 
                resolution of disapproval, and on all debatable motions 
                and appeals in connection therewith, shall be limited 
                to not more than 10 hours, which shall be divided 
                equally between those favoring and those opposing the 
                joint resolution. A motion further to limit debate is 
                in order and not debatable. An amendment to, or a 
                motion to postpone, or a motion to proceed to the 
                consideration of other business, or a motion to 
                recommit the joint resolution is not in order.
                    ``(C) Vote on final passage.--In the Senate, 
                immediately following the conclusion of the debate on a 
                joint resolution of disapproval, and a single quorum 
                call at the conclusion of the debate if requested in 
                accordance with the rules of the Senate, the vote on 
                final passage of the joint resolution shall occur.
                    ``(D) Appeals from decisions of the chair.--Appeals 
                from the decisions of the Chair relating to the 
                application of the rules of the Senate to the procedure 
                relating to a joint resolution of disapproval shall be 
                decided without debate.
            ``(3) Time for consideration.--In the Senate, the 
        procedures specified in this subsection shall not apply to the 
        consideration of a joint resolution of disapproval after the 
        expiration of the period of 60 session days beginning on the 
        date on which the President invokes the authorities that are 
        the subject of the joint resolution.
    ``(e) Consideration of Resolution of Other House.--If, before the 
passage by one House of a joint resolution of disapproval of that 
House, that House receives from the other House a joint resolution of 
disapproval, then the following procedures shall apply:
            ``(1) The joint resolution of the other House shall not be 
        referred to a committee.
            ``(2) With respect to a joint resolution of the House 
        receiving the joint resolution--
                    ``(A) the procedure in that House shall be the same 
                as if no joint resolution had been received from the 
                other House; but
                    ``(B) the vote on final passage shall be on the 
                joint resolution of the other House.
    ``(f) Rules of Senate and House of Representatives.--This section 
is enacted by Congress--
            ``(1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a joint resolution of disapproval, 
        and it supersedes other rules only to the extent that it is 
        inconsistent with such rules; and
            ``(2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.''.
                                 <all>