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DetDeterminationBiden · D Quiet signal

Presidential Determination

Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Electrolyzers, Fuel Cells, and Platinum Group Metals

This presidential determination invokes the Defense Production Act to designate electrolyzers, fuel cells, and platinum group metals as essential to national defense. It waives standard procedural requirements to expedite expanding domestic production capacity for these clean energy technologies and critical materials, directing the Secretary of Energy to take action under DPA Section 303.

Federal Register Open PDF 87 FR 35075

Impact dates

  1. Federal Register filing (actual per document header)

  2. Federal Register publication (directed by memo)

Key directives

  • Determine electrolyzers, fuel cells, and platinum group metals essential to national defense under DPA Section 303(a)(5)
  • Waive requirements of DPA sections 303(a)(1)-(a)(6) for domestic production expansion
  • Authorize and direct Federal Register publication

Who is ordered

Timeline

Immediate

  • DPA Section 303 invoked; waiver of sections 303(a)(1)-(a)(6) takes effect
  • Secretary of Energy authorized to use DPA purchase commitments and other financial instruments

Near term (90d)

  • Federal Register publication (directed in memo)
  • Potential DPA-funded contracts or purchase commitments for electrolyzer/fuel cell production
  • Platinum group metals supply chain investments

Long term

  • Domestic electrolyzer and fuel cell manufacturing capacity expansion
  • Reduced dependence on foreign platinum group metals
  • Hydrogen economy infrastructure development
  • Potential model for DPA use in energy transition industrial policy

Risks & tensions

  • DPA invocation for energy transition industrial policy stretches traditional 'national defense' statutory interpretation
  • Waiver of standard DPA procedural requirements reduces congressional oversight and transparency
  • No explicit funding ceiling or geographic scope specified—implementation scale depends on agency discretion
  • Platinum group metals sourcing may conflict with environmental and labor standards in mining jurisdictions
Presidential Determination: Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Electrolyzers, Fuel Cells, and Platinum Group Metals · Executive Orders