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MemoMemorandumBiden · D Quiet signal

Presidential Memorandum

Presidential Waiver of Statutory Requirements Pursuant to Section 303 of the Defense Production Act of 1950, as Amended

President Biden invoked the Defense Production Act to waive certain statutory requirements, allowing faster expansion of domestic production capacity for critical weapons and equipment needed for national defense against adversarial aggression. The waiver removes procedural hurdles under sections 303(a)(5) and 303(a)(6) to accelerate defense industrial base capacity.

Federal Register Open PDF 87 FR 60545

Impact dates

  1. Federal Register publication

Key directives

  • Waive requirements of sections 303(a)(5) and 303(a)(6) of the Defense Production Act
  • Expand and accelerate domestic production capability of critical weapons and equipment
  • Publish memorandum in the Federal Register

Who is ordered

Timeline

Immediate

  • Waiver takes effect upon signing
  • Secretary of Defense directed to publish in Federal Register

Near term (90d)

  • Accelerated contracting and production expansion for critical weapons/equipment
  • Industrial base capacity increases begin

Long term

  • Sustained domestic production capability for defense materials
  • Potential precedent for future DPA waivers

Risks & tensions

  • Specific adversary and weapons systems not identified, creating uncertainty about scope
  • Bypassing normal statutory requirements may reduce congressional oversight
  • DPA invocation signals perceived supply chain vulnerability
Presidential Memorandum: Presidential Waiver of Statutory Requirements Pursuant to Section 303 of the Defense Production Act of 1950, as Amended · Executive Orders