Presidential Waiver of Statutory Requirements Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Department of Defense Supply Chains Resilience

This memorandum invokes the Defense Production Act to waive standard statutory requirements (sections 303(a)(1)-(a)(6)) for critical Department of Defense supply chains, specifically targeting defense industrial base, electronics, kinetic capabilities, castings and forgings, minerals and materials, and power and energy storage. The waiver applies to supply chains identified in two prior reports stemming from Executive Order 14017.

Federal Register Open PDF 88 FR 13015

Timeline

Immediate

Waiver takes effect upon signing; statutory requirements 303(a)(1)-(a)(6) no longer apply to enumerated supply chains

Near term (90d)

DOD and contractors may accelerate procurement and industrial base investments under waived authorities

Long term

Potential restructuring of defense supply chains toward domestic resilience; precedent for expanded DPA use in industrial policy

Risks & tensions

Waiver scope tied to specific prior reports rather than enumerated in text—potential ambiguity about exact coverage

Bypasses normal DPA procedural safeguards (competitive bidding, cost limitations, etc.) for targeted sectors

May concentrate industrial policy benefits in specific sectors without congressional appropriation

Unclear duration of waiver; no sunset clause stated