Toomey, the top Republican on the Senate Banking Committee, told
Biden that using the Defense Production Act in this way
disrupted supply chains and violated the intent of the law to
make goods available in actual national security emergencies.
"If your administration continues to abuse the DPA and skirt
legitimate questions surrounding its use, Congress may have to
curtail the executive branch’s ability to so easily invoke it,"
Toomey wrote in a letter obtained by Reuters.
Democrats now control the Senate, but unexpected losses in the
November midterms could give Republicans more power to curb use
of the DPA.
Biden's predecessor, Donald Trump, invoked the DPA in 2019 to
stockpile rare earths, the specialized minerals used to make
magnets found in weaponry and EVs, and then again in March 2020
to order General Motors to produce life-saving ventilators.
Biden has made broader use of the DPA in his presidency,
including using it to ramp up production of supplies used in the
response to COVID-19, infant formula and solar panel components.
The 1950 law gives the Pentagon wide powers to procure equipment
necessary for national defense.
The White House had no immediate comment.
Toomey said Biden had waived a requirement to notify the Senate
Banking Committee, which oversees the law, prior to any DPA
expenditures, on six separate occasions since March, and
expressed concern he was using the law to advance a partisan
agenda.
He said a future Republican president could decide the DPA is a
convenient means for funding construction of a border wall or
finishing a long-stalled natural gas pipeline, even though these
projects were not related to the defense-industrial base.
Toomey asked Biden to answer a series of detailed questions
about the administration's reasons for invoking the law by Oct.
11.
(Reporting by Andrea Shalal; Editing by Nick Macfie)
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