A memorandum to the Secretary of Defense on the presidential determination under section 303 of the Defense Production Act of 1950, as amended


By the authority vested in me as President by the Constitution and the laws of the United States of America, including Section 303 of the Defense Production Act of 1950, as amended (the ” Act ”(50 USC 4533), I hereby determine: in accordance with section 303 (a) (5) of the Act, that:

(1) Radiation hardened and strategic microelectronics, their components and the manufacturing systems to produce such systems and components are critical industrial resources, materials or technological elements essential to national defense;

(2) Without presidential action under Section 303 of the Act, the United States industry cannot be reasonably expected to provide the necessary capacity for the industrial resource, material or technological element timely review; and

(3) purchases, commitments to purchase or any other action under section 303 of the Act is the most cost effective, quickest and most convenient alternative method to meet the need.

In accordance with Section 303 (a) (7) (B) of the Act, I believe that action to expand the domestic production capacity of radiation-hardened microelectronic and strategic radiation-hardened products is necessary to avoid a lack of industrial resources or critical technological elements which would seriously compromise the national defense capacity. Therefore, I waive the requirements of Section 303 (a) (l) – (a) (6) of the Act for the purpose of expanding domestic production capacity for these supply chains.

You are authorized and invited to publish this determination in the Federal Register.

JOSEPH R. BIDEN JR.

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