Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Development, Manufacturing, and Deployment of Large- Scale Energy and Energy Related Infrastructure

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Published

April 23, 2026

Signed

April 20, 2026

Issuing agencies

Executive Office of the President

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<title>Federal Register, Volume 91 Issue 78 (Thursday, April 23, 2026)</title>
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[Federal Register Volume 91, Number 78 (Thursday, April 23, 2026)]
[Presidential Documents]
[Pages 21929-21930]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08011]




                        Presidential Documents 



Federal Register / Vol. 91 , No. 78 / Thursday, April 23, 2026 / 
Presidential Documents

[[Page 21929]]


                Presidential Determination No. 2026-09 of April 20, 
                2026

                
Presidential Determination Pursuant to Section 
                303 of the Defense Production Act of 1950, as Amended, 
                on Development, Manufacturing, and Deployment of Large-
                Scale Energy and Energy Related Infrastructure

                Memorandum for the Secretary of Energy

                On January 20, 2025, I issued Executive Order 14156 
                (Declaring a National Energy Emergency), under the 
                National Emergencies Act. That order found that 
                America's inadequate energy production, transportation, 
                refining, and generation constitutes an unusual and 
                extraordinary threat to the Nation's economy, national 
                security, and foreign policy. It emphasized that our 
                Nation's current inadequate and intermittent energy 
                supply leaves us vulnerable to hostile foreign actors 
                and poses an imminent and growing threat to the United 
                States' prosperity and national security.

                Consistent with that declaration, I find that ensuring 
                the domestic capability for development, manufacturing, 
                and deployment of large-scale energy and energy-related 
                infrastructure is essential to United States national 
                defense, yet due to financing risks, regulatory delays, 
                and market barriers, these cannot be met in full under 
                existing market conditions.

                Therefore, by the authority vested in me as President 
                by the Constitution and the laws of the United States 
                of America, including section 303 of the Defense 
                Production Act of 1950, as amended (the ``Act'') (50 
                U.S.C. 4533), I hereby determine, pursuant to section 
                303(a)(5) of the Act, that:

(1) development, manufacturing, and deployment of large-scale energy and 
energy-related infrastructure, including engineering, site acquisition and 
preparation, permitting, early-stage risk mitigation financing instruments, 
domestic manufacturing capacity, and enabling infrastructure, are 
industrial resources, materials, and critical technology items essential to 
the national defense;

(2) without Presidential action under section 303 of the Act, United States 
industry cannot reasonably be expected to provide these capabilities for 
the needed industrial resource, material, or critical technology items in a 
timely manner due to financing risks, regulatory delays, and market 
barriers; and

(3) purchases, purchase commitments, financial support for the development 
of production capabilities, or other action pursuant to section 303 of the 
Act are the most cost-effective, expedient, and practical alternative 
methods for meeting this need.

                I have declared a national emergency under Executive 
                Order 14156, and I further determine that action to 
                expand the domestic capability to undertake 
                development, manufacturing, and deployment of large-
                scale energy and energy-related infrastructure is 
                necessary to avert an industrial resource or critical 
                technology item shortfall that would severely impair 
                national defense capability. Therefore, pursuant to 
                section 303(a)(7) of the Act, I waive the requirements 
                of section 303(a)(1)-(a)(6) of the Act for the purpose 
                of expanding such capability.

[[Page 21930]]

                You are authorized and directed to implement this 
                determination, including making necessary purchases, 
                commitments, and financial instruments to enable these 
                projects, and to publish this determination in the 
                Federal Register.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, April 20, 2026

[FR Doc. 2026-08011
Filed 4-22-26; 11:15 am]
Billing code 6450-01-P


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