Adjusting Certain Delegations Under the Defense Production Act
Signed March 13, 2026·Donald Trump·91 FR 13199
Source
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Plain-language summary
Amends Executive Order 13603 (National Defense Resources Preparedness) so that a Defense Production Act authority previously delegated solely to the Secretary of Commerce under section 203 is now delegated jointly to the Secretary of Commerce and the Secretary of Energy, with each able to exercise it independently of the other. Also clarifies section 2(a) of Executive Order 14156 (Declaring a National Energy Emergency), stating that agency heads must recommend action to the President only when the authority to act rests with the President alone and has not been delegated; no recommendation is required when the agency head already holds delegated authority under Executive Order 13603 or another presidential delegation. States it does not affect existing statutory authority of agencies, does not alter the Office of Management and Budget's budgetary functions, must be implemented consistent with applicable law and available funds, creates no enforceable rights, and assigns publication costs to the Department of Energy.
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered
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Disposition
Amends: EO 13603, March 16, 2012 See: EO 14156, January 20, 2025
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The order, in full
Executive Order 14391 of March 13, 2026
Adjusting Certain Delegations Under the Defense
Production Act
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered:
Section 1. Purpose. This order amends Executive Order
13603 of March 16, 2012 (National Defense Resources
Preparedness). Executive Order 13603 delegates certain
authorities of the President under the Defense
Production Act (50 U.S.C. 4501 et seq.), to specified
executive department and agency (agency) heads. This
order also clarifies section 2(a) of Executive Order
14156 of January 20, 2025 (Declaring a National Energy
Emergency).
Sec. 2. Amendment to Executive Order 13603. Section 203
of Executive Order 13603 is hereby amended by striking
the phrase “Secretary of Commerce” and inserting, in
lieu thereof, “Secretary of Commerce and the Secretary
of Energy, each of whom may exercise such delegated
authority independently of the other”.
Sec. 3. Clarifying Section 2(a) of Executive Order
14156. For the avoidance of doubt, an agency head need
only recommend action to the President under section
2(a) of Executive Order 14156 when the authority to
take the recommended action is vested in the President
alone and has not been delegated. Section 2(a) of
Executive Order 14156 does not require an agency head
to make a recommendation to the President when the
agency head has authority to take the action by virtue
of a delegation pursuant to Executive Order 13603 or
other Presidential delegation.
Sec. 4. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(d) The costs for publication of this order shall
be borne by the Department of Energy.
(Presidential Sig.)
THE WHITE HOUSE,
March 13, 2026.Reproduced from the Federal Register plain-text record, signed March 13, 2026. Typesetting artifacts are removed; no wording is changed.