Adjusting Delegations Under the Defense Production Act

FR: Executive Office of the President

Published March 13th, 2026

Detected March 18th, 2026

Summary

The President has issued an Executive Order adjusting certain delegations of authority under the Defense Production Act. This order amends Executive Order 13603 by allowing the Secretary of Commerce and the Secretary of Energy to independently exercise delegated authorities. It also clarifies procedures for agency recommendations to the President.

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What changed

This Presidential document, Executive Order 14391, amends Executive Order 13603 by adjusting delegations of authority under the Defense Production Act. Specifically, it modifies Section 203 of EO 13603 to allow both the Secretary of Commerce and the Secretary of Energy to independently exercise delegated authorities, whereas previously only the Secretary of Commerce was explicitly mentioned for certain actions. Additionally, the order clarifies Section 2(a) of Executive Order 14156 regarding when agency heads must make recommendations to the President, stating that recommendations are only required when the authority is vested solely in the President and has not been delegated.

This change primarily affects internal government agency operations and clarifies existing delegation structures. Regulated entities are unlikely to see direct operational changes as a result of this amendment, as it pertains to the internal allocation of presidential authorities. Compliance officers should note the clarification regarding agency recommendation procedures, particularly in the context of national emergencies or resource preparedness, to ensure accurate reporting and consultation with the President when required.

Source document (simplified)

Presidential Document

Adjusting Certain Delegations Under the Defense Production Act

A Presidential Document by the Executive Office of the President on 03/18/2026

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Public Inspection Published Document: 2026-05382 (91 FR 13199) 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.

[FR Doc. 2026-05382

Filed 3-17-26; 11:15 am]

Billing code 6450-01-P

Published Document: 2026-05382 (91 FR 13199)