Trump Changes Defense Production Act Powers, Expands Energy Authority

Shibbir Ahmed, Washington DC: President Donald Trump has issued a new executive order changing how certain authorities under the Defense Production Act are delegated, giving both the Interior and Energy secretaries independent authority over energy-related matters.

The White House announced the order on September 8, saying it amends an earlier executive order governing national defense resource preparedness and updates delegations of presidential authority under the Defense Production Act.

Under the new order, the Secretary of the Interior and the Secretary of Energy may independently exercise delegated authority over forms of energy under their respective purviews. Previously, those responsibilities were delegated to the Energy secretary.

The order also establishes a process for resolving disputes between the two departments. Energy-related disputes will generally be referred first to the National Energy Dominance Council. If a matter involves national defense infrastructure or military operations, it will also be referred to the National Security Council, with coordination involving the Department of War.

Trump’s order further gives the Interior, Commerce and Energy secretaries independent authority to exercise certain presidential powers under the Defense Production Act.

The changes are part of the administration’s broader effort to reorganize federal authority over energy resources and strengthen coordination between energy policy and national security.

The Defense Production Act gives the president broad powers to support national defense by influencing the production, allocation and distribution of critical resources. The law has also been used to strengthen domestic supply chains for strategically important materials and industries.

The White House said the latest order must be implemented in accordance with applicable law and subject to the availability of appropriated funds. The administration previously adjusted Defense Production Act delegations in March, when Trump gave the Energy secretary independent authority alongside the Commerce secretary over certain powers under the law.