Executive Order Amending Executive Order 13603 and Clarifying Executive Order 14156
The White House
This order expands delegated authorities under the Defense Production Act, granting the Secretary of Energy concurrent and independent authority alongside the Secretary of Commerce.
Additionally, the directive clarifies procedural requirements under Executive Order 14156 regarding the declaration of a national energy emergency, legally streamlining independent agency action.
By striking and replacing the existing text, it legally permits both the Secretary of Commerce and the Secretary of Energy to exercise specified Defense Production Act authorities independently of one another.
It legally specifies that executive department and agency heads are only required to formally recommend action to the President when the requisite legal authority is vested exclusively in the President and remains undelegated.
Consequently, if an agency head already possesses the authority to execute an action through a prior Presidential delegation, such as those established in Executive Order 13603, they are not required to submit a recommendation to the President before initiating that action.
The order also mandates that the Department of Energy must bear all costs associated with the publication of this directive.