United StatesCommerce and Energy secretaries may independently use delegated defense powers
The order lets the Commerce and Energy secretaries independently use certain delegated Defense Production Act powers and clarifies when agency heads must ask the President to act.
What it does
The Commerce and Energy secretaries may each use certain delegated Defense Production Act powers independently, rather than assigning that authority to Commerce alone.
Agency heads need not ask the President to act when a presidential delegation already lets them take the action themselves.
Argument forAllowing either secretary to act independently could reduce delays when defense-related production needs Commerce or Energy authority.
Argument againstIndependent authority may lead to less coordination between Commerce and Energy because each secretary can act without the other's agreement.
More detail
The Commerce and Energy secretaries may each use the specified delegated Defense Production Act authority. This applies to the authority assigned under section 203 of Executive Order 13603. The authority remains subject to applicable law. Implementation is subject to available appropriations. The order was signed on March 13, 2026.
An agency head must recommend action to the President only when the President alone holds the needed authority and has not delegated it. No recommendation is required when the agency head can act under Executive Order 13603 or another presidential delegation. This clarification does not change authority granted by law to agencies or their leaders. Implementation is subject to applicable law and available appropriations. The clarification applies to recommendations under section 2(a) of Executive Order 14156.
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Where it stands
- Signed
- Published
History
- 2026
- Mar 18Published in the Federal RegisterPublished
- Mar 13Signed by President Donald TrumpSigned
National SecurityEnvironment & EnergyGovernment & Ethics