ExecutiveOrdersEO
DetDeterminationBiden · D Quiet signal

Presidential Determination

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

This Defense Production Act determination invokes emergency authority to boost domestic mining and processing of battery-critical materials (lithium, nickel, cobalt, graphite, manganese) for large-capacity batteries used in electric vehicles and energy storage. It directs the Secretary of Defense to support feasibility studies, modernization, and production expansion while requiring consultation with Interior, Agriculture, Energy, and other agencies, plus annual industrial base surveys to Congress and the President.

Federal Register Open PDF 87 FR 19775

Impact dates

  1. Annual report to Congress and President on industrial base survey

Key directives

  • Secretary of Defense shall create, maintain, protect, expand, or restore domestic production capabilities for strategic and critical battery materials
  • Support feasibility studies for mature mining, beneficiation, and value-added processing projects
  • Support by-product and co-product production at existing facilities and mine waste reclamation
  • Support modernization to increase productivity, environmental sustainability, and workforce safety
  • Secretary of Defense shall consult with Secretary of Interior, Secretary of Agriculture, Secretary of Energy, and other agency heads
  • Annual survey of domestic industrial base and report to Congress and President
  • Waiver of DPA section 303(a)(1)-(a)(6) requirements for these specific materials

Who is ordered

Timeline

Immediate

  • DPA authority invoked for battery material supply chain
  • Waiver of section 303(a)(1)-(a)(6) requirements takes effect
  • Secretary of Defense authorized to begin feasibility studies and project support

Near term (90d)

  • Interagency consultation process begins
  • Initial project identification and feasibility study funding

Long term

  • Annual industrial base surveys and reports to Congress/President
  • Sustained domestic production capacity expansion
  • Environmental and labor standard implementation in mining/processing

Risks & tensions

  • Environmental community tensions: document mandates 'environmentally responsible' mining but DPA invocation may accelerate projects past typical review timelines
  • Tribal consultation requirement is stated but lacks enforcement mechanism; potential sovereignty conflicts
  • Waiver of 303(a)(1)-(a)(6) reduces procedural safeguards normally required for DPA projects
  • Section 4 preserves permitting requirements but DPA authority may create practical pressure to expedite approvals
  • Reliance on 'availability of appropriations' (Sec. 5(b)) may limit actual funding despite authorization
Presidential Determination: Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended · Executive Orders