This Presidential Action amends Executive Order 13603 by granting the Secretary of Energy independent authority alongside the Secretary of Commerce in exercising powers delegated under the Defense Production Act (DPA).
Furthermore, the order clarifies that agency heads are not required to recommend actions to the President under Executive Order 14156 concerning a national energy emergency if that specific action authority has already been delegated to them via the DPA or other means.
Arguments For
Strengthens the national defense posture by explicitly granting independent authority to both the Secretary of Commerce and the Secretary of Energy under the Defense Production Act (DPA).
Streamlines the response to energy emergencies by clarifying that agency heads do not need to recommend actions to the President if they already possess delegated authority under existing orders like E.O. 13603.
Ensures the continued effectiveness of existing legal frameworks, like E.O. 13603, by making necessary adjustments to ensure parallel implementation with newer declarations, such as E.O. 14156 regarding energy emergencies.
Arguments Against
The decentralization of authority between the Secretary of Commerce and the Secretary of Energy could potentially lead to conflicting priorities or redundant actions in resource allocation, especially during a crisis.
The order primarily restructures internal executive authorities without necessarily addressing underlying resource supply issues, potentially leading to stakeholder confusion regarding the primary decision-maker for DPA implementation.
Clarifying the scope of E.O. 14156 might be perceived as over-regulating the internal recommendation process, rather than focusing on the substance of the energy emergency response itself.
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).
This section states that the President is issuing the order based on constitutional and legal authority.
The primary purpose is to modify Executive Order 13603, which originally delegated presidential powers under the Defense Production Act (DPA) to various agency heads for the purpose of national defense resource preparedness.
Additionally, this action seeks to clarify a specific provision regarding recommendations made to the President under Executive Order 14156 concerning a declared 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”.
This section directly changes Executive Order 13603.
Specifically, it removes the stipulation that only the Secretary of Commerce held certain delegated DPA authorities.
It replaces this by stating that both the Secretary of Commerce and the Secretary of Energy now possess these delegated authorities, and they can each exercise these powers separately and without needing to coordinate with 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.
This segment clarifies when agency heads must seek presidential approval regarding energy emergency actions under E.O. 14156.
An agency head only needs to recommend an action if the authority to take that action belongs strictly to the President and has not been delegated elsewhere.
If an agency head already has the power to act because it was delegated through E.O. 13603 or another Presidential order, they do not need to seek further recommendation or approval for that specific delegated action.
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.
(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.
Section 4 outlines standard legal boilerplate clauses.
Paragraph (a) ensures that the order does not undermine existing legal authorities granted to executive departments or impact the Office of Management and Budget's functions regarding finances and legislation.
Paragraph (b) requires implementation to follow existing laws and depend on available funding.
Paragraph (c) is a non-reliance clause, stating that the order does not create any new enforceable legal rights for private parties against the U.S. government.
Finally, paragraph (d) assigns the cost of publishing this order to the Department of Energy.
DONALD J. TRUMP
THE WHITE HOUSE,
March 13, 2026.
This concludes the document, indicating that the order was issued by President Donald J. Trump from the White House on March 13, 2026.
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