ExecutiveOrdersEO
DetDeterminationBiden · D Quiet signal

Presidential Determination

Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended

This determination invokes the Defense Production Act to declare radiation-hardened and strategic radiation-hardened microelectronics as critical to national defense, finding that U.S. industry cannot meet demand without presidential action. It waives standard DPA procedural requirements to expedite expanding domestic production capability for these specialized semiconductors used in military and space applications.

Federal Register Open PDF 86 FR 73589

Impact dates

  1. Federal Register publication

Key directives

  • Determine radiation-hardened and strategic radiation-hardened microelectronics as essential industrial resources/critical technology items under DPA section 303(a)(5)
  • Waive requirements of DPA section 303(a)(1)-(a)(6) to expand domestic production capability
  • Authorize and direct publication in Federal Register

Who is ordered

Timeline

Immediate

  • DPA authority invoked for radiation-hardened microelectronics
  • waiver of section 303(a)(1)-(a)(6) requirements takes effect

Near term (90d)

  • Federal Register publication of determination
  • potential DOD procurement actions under expanded authority

Long term

  • domestic production capability expansion for radiation-hardened semiconductors
  • reduced dependency on foreign supply chains for critical defense components

Risks & tensions

  • Waiving standard DPA requirements reduces congressional and procedural oversight, expediting action but with less transparency
  • Narrow focus on 'radiation-hardened' subset may leave broader semiconductor supply chain vulnerabilities unaddressed
  • Cost-effectiveness claim (section 303(a)(5)(3)) is asserted but not substantiated in text
Presidential Determination: Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended · Executive Orders