In the Federal Register, under Presidential Documents, there was published a Memorandum for the Secretary of Defense entitled "Presidential Determination Pursuant to Section 4533(a)(5) of the Defense Production Act of 1950". This is 82 FR 27607.
This is a very short memo which memorializes that current US industry is not able to provide adequate amounts of aerospace structures and fibers, radiation hardened microelectronics, radiation test and qualification facilities, and satellite components and assemblies. Since these are deemed to be critical to national defense, the President is directing the Secretary of Defense to buy extras so as to try and stimulate enlarging the industrial capacity of these items. This is what 50 USC 4533 says.
However, in reading the reference subsection (a)(5), it says "Except as provided in paragraph (7), the President may not execute a contract under this subsection unless the President, on a non-delegable basis, determines, with appropriate explanatory material and in writing, that-". What follows is verbatim what is written in the memorandum. I do not see what in the memo constitutes the "explanatory material."
Someone in the Department of Defense, under the authority provided in the memo, is going to buy a bunch of stuff related to satellites and put it into a warehouse and make some private company a bunch of money. This is so opaque that it is hard to believe someone is not playing games behind the scenes.
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