EO · 2026-05382 · 91 FR 13199 · Executive Office of the President

Adjusting Certain Delegations Under the Defense Production Act

in effect

status verified 2026-07-28 00:31:41

What it is

This is a presidential executive order (EO 14391, signed March 13, 2026) that makes two narrow administrative adjustments to existing executive orders. It does not create new policy; it modifies how authority is shared among Cabinet officials under the Defense Production Act, a law that gives the federal government tools to direct industrial resources for national defense.

What it changes

First, it amends a 2012 order (EO 13603) by adding the Secretary of Energy alongside the Secretary of Commerce as an official who can independently exercise delegated Defense Production Act authority — previously only the Secretary of Commerce held that specific delegation. Second, it clarifies a 2025 national energy emergency order (EO 14156) by confirming that agency heads do not need to seek presidential approval before acting when they already have delegated authority to act on their own; a recommendation to the President is only required when the power in question belongs exclusively to the President and has not been delegated.

Who is affected

The Secretary of Energy gains new independent authority to use Defense Production Act tools — such as prioritizing contracts, allocating materials, and directing industrial production — without coordinating through the Secretary of Commerce. Federal agencies operating under the 2025 energy emergency declaration now have explicit confirmation that they can act on their delegated powers directly, which may streamline how quickly energy-related decisions are made at the agency level rather than escalated to the White House.

Signed 2026-03-13 · Published 2026-03-18 · Effective — · Federal Register entry ↗