Adjusting Certain Delegations Under the Defense Production Act
Signed: March 13, 2026
Published: March 18, 2026
Document Number: 2026-05382
📋Summary
This executive order updates earlier rules for how the President’s powers under the Defense Production Act are delegated to federal agencies. It gives the Secretary of Energy the same delegated authority that the Secretary of Commerce previously held under Executive Order 13603, and allows each of them to use that authority independently. It also clarifies that under the 2025 national energy emergency order, an agency only needs to recommend action to the President when the President alone has the power and has not delegated it; if an agency already has delegated authority, it can act without making a recommendation. It mainly affects the Departments of Commerce and Energy and other federal agencies involved in emergency and industrial mobilization actions under the Defense Production Act.
💼Business Impact
This order most directly affects energy, critical minerals, industrial manufacturing, and logistics firms that could receive (or be subject to) Defense Production Act (DPA) priority ratings and allocation actions—especially suppliers tied to grid equipment, fuel supply chains, batteries, transformers, semiconductors, and other “national defense/energy emergency” inputs. By allowing the Secretary of Energy to exercise certain DPA authorities independently (alongside Commerce), businesses should expect faster and potentially more frequent DOE-led priority orders, requests for production capacity expansion, and supply allocation directives—creating both compliance obligations (accepting/performing rated orders, flow-down to subcontractors, recordkeeping) and opportunities (accelerated federal demand, financing/support for capacity increases). The clarification to EO 14156 reduces procedural friction: agencies with delegated authority can act without first elevating recommendations to the President, so timelines for directives may shorten. Immediate actions: map your products to energy/defense-critical categories, confirm your ability to identify and execute DPA-rated orders (including subcontractor flow-down and delivery prioritization), review contract terms and capacity constraints, and designate a point person to engage quickly with DOE/Commerce inquiries and to pursue funding or procurement opportunities tied to energy emergency and
Full Text
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.
( printed page 13200)(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.
THE WHITE HOUSE,
March 13, 2026.