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Ukraine or ? – Biden Waives Section 303 of DPA related to Weapons, Ammunition, Explosives and Components


The Defense Production Act (DPA 1950 amended, pdf) essentially is a legislative hurdle that stops the executive from stepping into the private sector and restricting trade, commerce or manufacturing, unless the President says a critical shortage of “xxxx” is present and national security is at stake. It prevents citizens from the threat of govt nationalization of resource “xxxx”.

In the event the President makes a national security determination, he/she is required to inform congress, invoke the waiver authority, and identify which sectors he/she is now outlining as a national security… such that government purchase orders take precedent in the supply of “xxxx”.   Yesterday, President Biden invoked this authority.

Given the pandemic shortages are over, and given the sectors outlined, it looks like munitions, raw material, explosives, electronics and certain component issues related to the Defense Dept are outlined.

Key section: “Therefore, I waive the requirements of section 303(a)(1)-(a)(6) of the Act”

…”specifically for defense organic industrial base supply chains critical to the Department of Defense and critical supply chains for electronics, kinetic capabilities, castings and forgings, minerals and materials, and power and energy storage.” (link)

It’s a use of the DPA definitively targeting defense materials.  Which raises the question(s):

Is this to secure weapons for shipment to Ukraine?..  OR Is this to secure a buildup of weapons for a larger purpose?   Meaning, is this preparing for an expanded war effort?

There is a lack of media curiosity.  However, perhaps drawing attention to it will stimulate someone to ask the Pentagon?

In the interim, ammunition might become a little harder to find.