Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Domestic Petroleum Production, Refining, and Logistics Capacity

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<title>Federal Register, Volume 91 Issue 207 (Wednesday, October 28, 2026)</title>
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[Federal Register Volume 91, Number 207 (Wednesday, October 28, 2026)]
[Presidential Documents]
[Pages 68011-68012]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22052]




                        Presidential Documents 



Federal Register / Vol. 91 , No. 207 / Wednesday, October 28, 2026 / 
Presidential Documents

[[Page 68011]]


                Presidential Determination No. 2027-01 of October 22, 
                2026

                
Presidential Determination Pursuant to Section 
                303 of the Defense Production Act of 1950, as Amended, 
                on Domestic Petroleum Production, Refining, and 
                Logistics Capacity

                Memorandum for the Secretary of War

                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 capacity constitute 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 
                prosperity and national security of the United States.

                Consistent with that declaration, I find that ensuring 
                resilient domestic petroleum production, refining, and 
                logistics capacity is central to United States defense 
                readiness. Petroleum fuels the Nation's Armed Forces, 
                industrial base, and crucial infrastructure. Without 
                immediate Federal action, United States defense 
                capabilities will remain vulnerable to disruption.

                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) domestic petroleum production, refining, and 
                logistics capacity, including exploration and 
                production, gathering and transmission pipelines, 
                storage, and marine terminals, are industrial 
                resources, materials, or 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 
                item in a timely manner due to constrained financing, 
                long lead times, permitting and infrastructure 
                bottlenecks, and supply chain limitations; 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 petroleum production, refining, and 
                logistics capacity 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 68012]]

                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. Any provision of previous memoranda, 
                proclamations, and Executive Orders that is 
                inconsistent with this determination is superseded to 
                the extent of such inconsistency.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, October 22, 2026

[FR Doc. 2026-22052
Filed 10-27-26; 11:15 am]
Billing code 6001-FR-P


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