Adjusting Certain Delegations Under the Defense Production Act

This executive order amends EO 13603 to add the Secretary of Energy as an independent co-delegate alongside the Secretary of Commerce for Defense Production Act authorities. It also clarifies that agency heads need not recommend actions to the President under EO 14156's national energy emergency when they already have delegated authority to act themselves.

Federal Register Open PDF 91 FR 13199

Key directives

Amend Section 203 of EO 13603 to add Secretary of Energy as independent co-delegate with Secretary of Commerce for DPA authorities
Clarify that agency heads need not recommend action to President under EO 14156 section 2(a) when authority is already delegated to them

Who is ordered

Timeline

Immediate

EO takes effect upon signing; Secretary of Energy gains independent DPA delegation authority
Clarification of EO 14156 section 2(a) recommendation requirements effective immediately

Near term (90d)

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Long term

Potential shift in how DPA authorities are exercised in energy and defense procurement; parallel independent tracks at Commerce and Energy

Risks & tensions

Parallel independent authority at Commerce and Energy could create coordination challenges or competing claims in DPA invocation
Clarification of EO 14156 may reduce presidential visibility into agency actions taken under delegated authority
No appropriations guaranteed; implementation subject to availability of funds per Section 4(b)