ExecutiveOrdersEO
DetDeterminationBiden · D Quiet signal

Presidential Determination

Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Solar Photovoltaic Modules and Module Components

President Biden invoked the Defense Production Act to designate solar photovoltaic modules and components (ingots, wafers, solar glass, and cells) as essential to national defense, waiving standard procedural requirements to expedite domestic production expansion. The determination authorizes federal purchases, purchase commitments, and other actions to address supply shortfalls in the solar manufacturing supply chain.

Federal Register Open PDF 87 FR 35071

Impact dates

  1. Federal Register publication

Key directives

  • Determine solar PV modules and components essential to national defense under DPA Section 303(a)(5)
  • Waive requirements of DPA sections 303(a)(1)-(a)(6) to expedite domestic production expansion
  • Authorize purchases, purchase commitments, and other actions under Section 303
  • Direct publication in Federal Register

Who is ordered

Timeline

Immediate

  • DPA authority invoked for solar supply chain
  • Waiver of sections 303(a)(1)-(a)(6) takes effect
  • Secretary of Energy authorized to facilitate domestic production expansion

Near term (90d)

  • Federal purchases and purchase commitments for solar components may commence
  • Federal Register publication of determination

Long term

  • Potential expansion of domestic solar PV manufacturing capacity
  • Reduced dependence on foreign solar supply chains
  • Integration with broader clean energy industrial policy

Risks & tensions

  • Waiver of standard DPA procedural requirements reduces congressional and public oversight
  • Section 303(a)(7)(B) finding of 'severe impairment to national defense capability' is broad and not specifically substantiated in text
  • Tension between expedited industrial policy and normal procurement competition requirements
  • Potential trade policy conflicts with existing solar tariff frameworks
Presidential Determination: Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Solar Photovoltaic Modules and Module Components · Executive Orders