https://www.nationalreview.com/2022/06/bidens-flagrant-abuse-of-emergency-powers-must-be-stopped/
The president is misusing the Defense Production Act and harming the economy by pretending green energy is essential to our national defense.
In a spate of executive actions on Monday, President Biden invoked his authority under the Defense Production Act (DPA) to declare that a variety of green-energy-related materials were “essential to national defense,” and that as a result, the government would be stepping in to increase their production.
Biden’s actions are an abuse of presidential power, and they have the potential to cause serious harm to the American economy in the long run.
In five separate presidential memoranda, Biden said he was using his authority under Section 303 of the DPA to mandate that the government stimulate the production of materials critical to the green-energy sector, including: electrolyzers, fuel cells, and platinum group metals; solar photovoltaic modules and module components; transformers and electric-power-grid components; electric heat pumps; and insulation.
Per the Congressional Research Service (CRS), Section 303 grants the president much broader authority than the section of the law Biden invoked last month in an effort to address the nationwide baby-formula shortage: It allows the government to make purchase commitments for the resources named, directly subsidize their production, and install and purchase equipment used for their production in either government or privately owned facilities. To unlock those considerable economic powers, the law says that the president has to determine that the resource is “essential to national defense,” that U.S. industry won’t produce enough of the resource in a timely manner, and that the actions taken are “the most cost-effective, expedient, and practical alternative method for meeting the need” for the resource.