Adjusting Certain Delegations Under the Defense Production Act
Signed September 8, 2026·Donald Trump·91 FR 58007
Source
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Plain-language summary
Amends Executive Order 13603 (National Defense Resources Preparedness), as previously modified by Executive Order 14391, to adjust which officials hold certain Defense Production Act authorities. It adds the Secretary of the Interior alongside the Secretary of Energy for authorities over energy production, construction, distribution, and use, allowing each to act independently. It specifies that disputes between the two secretaries over energy matters go first to the National Energy Dominance Council, unless the issue involves national defense infrastructure or military operations, in which case both that council and the National Security Council handle it in coordination with the Department of War. It also adds the Secretary of the Interior, alongside the Secretaries of Commerce and Energy, to the officials delegated authority under section 101(c)(1)-(2) of the Defense Production Act, each able to act independently. The order states it does not alter existing legal authorities or create enforceable rights, and assigns publication costs to the Department of the Interior.
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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
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The order, in full
Executive Order 14427 of September 8, 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), as amended by Executive Order 14391 of
March 13, 2026 (Adjusting Certain Delegations Under the
Defense Production Act). 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.
Sec. 2. Amendment to Executive Order 13603. (a) Section
201(a)(2) of Executive Order 13603 is hereby amended by
striking “the Secretary of Energy with respect to all
forms of energy” and inserting, in lieu thereof, the
following: “the Secretary of the Interior and the
Secretary of Energy with respect to all forms of energy
under their purview, each of whom may exercise such
delegated authority independently of the other;”.
(b) Section 201(d) of Executive Order 13603 is
hereby amended by deleting the period at the end of the
sentence, replacing it by a comma, and adding the
following thereafter: “except that, if such dispute
between the two Secretaries relates to any form of
energy, it shall be referred in the first instance to
the National Energy Dominance Council for resolution,
unless the matter implicates national defense
infrastructure or military operations, in which case
the matter shall be referred to both the National
Energy Dominance Council and the National Security
Council, each of which shall coordinate with the
Department of War in the course of resolving the
matter.”
(c) Section 202(b) of Executive Order 13603 is
hereby amended by striking “the Secretary of Energy
with respect to energy production and construction,
distribution and use, and directly related activities”
and inserting, in lieu thereof, the following: “the
Secretary of the Interior and the Secretary of Energy
and with respect to energy production and construction,
distribution and use, and directly related activities,
each of whom may exercise such delegated authority
independently of the other;”.
(d) Section 203 of Executive Order 13603 is hereby
amended by striking the paragraph in its entirety and
replacing it with the following: “The authorities of
the President under section 101(c)(1)-(2) of the Act,
50 U.S.C. App. 2071(c)(1)-(2), are delegated to the
Secretary of the Interior, the Secretary of Commerce,
and the Secretary of Energy, each of whom may exercise
such delegated authority independently of the other.”
Sec. 3. 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 the Interior.
(Presidential Sig.)
THE WHITE HOUSE,
September 8, 2026.Reproduced from the Federal Register plain-text record, signed September 8, 2026. Typesetting artifacts are removed; no wording is changed.