ExecutiveOrdersEO
DetDeterminationBiden · D Quiet signal

Presidential Determination

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

This determination invokes the Defense Production Act to designate insulation as essential to national defense and authorizes federal actions to expand domestic insulation production. It waives standard DPA procedural requirements to expedite increasing domestic production capability for insulation.

Federal Register Open PDF 87 FR 35073

Impact dates

  1. Federal Register publication

Key directives

  • Determine insulation is an industrial resource essential to national defense under DPA section 303(a)(5)
  • Waive requirements of DPA sections 303(a)(1)-(a)(6) to expand domestic insulation production
  • Authorize and direct publication in Federal Register

Who is ordered

Timeline

Immediate

  • DPA authority invoked for insulation
  • waiver of sections 303(a)(1)-(a)(6) takes effect

Near term (90d)

  • potential federal purchase commitments or direct loans to insulation producers
  • Federal Register publication

Long term

  • expanded domestic insulation production capacity
  • supply chain resilience for clean energy infrastructure

Risks & tensions

  • Waiver of standard DPA requirements reduces congressional and procedural oversight
  • Definition of 'insulation' scope is unspecified—could be broad or narrow
  • Link between insulation and 'national defense' is legally required but politically contestable
  • Unclear whether this precedes specific contracts or enables future discretionary action
Presidential Determination: Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Insulation · Executive Orders