Memorandum of Presidential Decision Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Insulation

Presidential determination
No. 2022-16

MEMORANDUM FOR THE ENERGY SECRETARY

SUBJECT: Presidential determination pursuant to
Section 303 of the Defense Production Act
of 1950, as amended, on insulation

Ensuring a robust, resilient and sustainable national industrial base to meet the demands of the clean energy economy is essential to our national security, a resilient energy sector and the preservation of national critical infrastructure. Therefore, by the authority vested in me as President by the Constitution and 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, pursuant to Section 303(a)(5) of the Act, that:

(1) insulation is a critical industrial resource, material, or technological element essential to national defense;

(2) without Presidential action under Section 303 of the Act, United States industry cannot reasonably be expected to provide the necessary capability for the industrial resource, material, or technological item timely criticism; and

(3) purchases, purchase commitments, or other action under section 303 of the Act is the most cost-effective, quickest, and most convenient alternative method of meeting the requirement.

Pursuant to Section 303(a)(7)(B) of the Act, I conclude that action to increase domestic insulation production capacity is necessary to avoid a shortage of industrial resources or technological elements. criticism that would seriously compromise national defense capability. Accordingly, I waive the requirements of Section 303(a)(1)–(a)(6) of the Act for the purpose of expanding domestic insulation production capacity.

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

JOSEPH R. BIDEN JR.