[Federal Register Volume 91, Number 167 (Monday, August 31, 2026)]
[Presidential Documents]
[Pages 55995-55999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-17843]
Presidential Documents
Federal Register / Vol. 91 , No. 167 / Monday, August 31, 2026 /
Presidential Documents
[[Page 55995]]
Executive Order 14421 of August 26, 2026
Declaring a National Emergency To Secure the
United States Bulk-Power System
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.)
(NEA), and section 301 of title 3, United States Code,
I hereby determine and order:
Section 1. National Emergency. As President of the
United States, my highest duty is protecting the
national security, foreign policy, and economy of this
country. Certain foreign actors are increasingly
creating and exploiting vulnerabilities in the United
States bulk-power system, which provides the
electricity that supports our national defense, vital
emergency services, critical infrastructure, and
economy. During my first term, I found that the bulk-
power system could be a target of those seeking to
commit malicious acts against the United States,
including malicious cyber activities, because of the
significant risks that a successful attack would have
on our economy, human health and safety, and national
defense. Since my first term, the threat to the United
States regarding foreign supply of bulk-power system
electric equipment has become even more acute: The
rapid growth of advanced manufacturing, data centers,
artificial intelligence, and defense production has
increased the Nation's dependence on abundant, reliable
electricity and magnified the consequences of a
successful attack or supply disruption on the bulk-
power system.
The minimal restrictions on acquisition or operation in
the United States of foreign-produced bulk-power system
electric equipment augment the ability of some foreign
entities to create and exploit vulnerabilities in such
equipment; for instance, such equipment might have
digital backdoors built into their systems that allow a
foreign country to access that equipment remotely.
Further, continued United States reliance on foreign
sources of bulk-power system electric equipment with
these potential national security vulnerabilities also
creates a supply chain vulnerability that could
eliminate the supply of these products in the United
States as a result of disruptions in international
trade or other causes.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the
United States of America, find that the situation with
respect to the foreign supply of bulk-power system
electric equipment constitutes an unusual and
extraordinary threat, which has its source in whole or
substantial part outside the United States, to the
national security, foreign policy, and economy of the
United States and hereby declare a national emergency
with respect to that threat. This threat exists both in
the case of individual transactions and when
transactions are considered as a class. To deal with
this threat, additional steps are required to protect
the security, integrity, and reliability of bulk-power
system electric equipment used in the United States.
Sec. 2. Prohibitions and Implementation. (a) The
following actions are prohibited: any acquisition,
importation, transfer, or installation of any foreign-
produced bulk-power system electric equipment
(transaction) by any person, or with respect to any
property, subject to the jurisdiction of the United
States, where the transaction involves any property in
which any foreign country or a national thereof has any
interest (including through an interest in a contract
for the provision of the equipment), where the
transaction
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was initiated after the date of this order, and where
the Secretary of Energy (Secretary), in coordination
with the Director of the Office of Management and
Budget and in consultation with the Secretary of War,
the Secretary of Commerce, the Secretary of Homeland
Security, the Director of National Intelligence, and,
as appropriate, the heads of other executive
departments and agencies (agencies), has determined
that:
(i) the transaction involves bulk-power system electric equipment--or any
critical component, software, firmware, digital service, maintenance
service, or remote-access capability associated with such equipment--
designed, developed, manufactured, or supplied by persons owned by,
controlled by, or subject to the jurisdiction or direction of a Covered
Foreign Entity; and
(ii) the transaction:
(A) poses an undue risk of sabotage, subversion, unauthorized access,
malicious remote action, or supply disruption affecting the design,
integrity, manufacturing, production, distribution, installation,
operation, or maintenance of the bulk-power system in the United States;
(B) poses an undue risk of catastrophic effects on the security or
resilience of United States critical infrastructure or the economy of the
United States; or
(C) otherwise poses an unacceptable risk to the national security of the
United States or the security and safety of United States persons.
(b) Upon making the determinations described in
subsection (a) of this section, the Secretary, in
consultation with the Secretary of War, the Secretary
of Commerce, the Secretary of Homeland Security, and
the Director of National Intelligence, may impose
conditions on the continued use, operation,
maintenance, servicing, or updating of foreign
manufactured or operated bulk-power system electric
equipment acquired or installed before the date of this
order, including requirements to identify, isolate,
monitor, secure, disconnect, replace, or remove such
equipment. Before directing isolation, disconnection,
replacement, or removal, the Secretary shall consider
effects on reliability and safety, the availability of
secure replacements, and continuity of essential
service, and may establish phased compliance.
(c) The Secretary, in consultation with any senior
executive branch official he deems appropriate, may
design or negotiate measures to mitigate concerns
identified in this order. Such measures may serve as a
precondition to the approval by the Secretary of a
transaction or of a class of transactions that would
otherwise be prohibited pursuant to this order.
(d) The prohibitions in this section apply except
to the extent provided by statutes, or in regulations,
orders, directives, or licenses that may be issued
pursuant to this order, and notwithstanding any
contract entered into or any license or permit granted
prior to the date of this order.
(e) The Secretary, in consultation with any senior
executive branch official he deems appropriate, may
establish criteria and procedures for recognizing
particular equipment and particular vendors in the
bulk-power system electric equipment market as pre-
qualified for future transactions and therefore exempt
from subsection (a) of this section, and may apply
these criteria to establish and publish a list of pre-
qualified equipment and vendors. Nothing in this
provision limits the Secretary's authority under this
section to prohibit or otherwise regulate any
transaction involving qualified equipment or suppliers.
(f) Any transaction that evades or avoids, has the
purpose of evading or avoiding, causes a violation of,
or attempts to violate any prohibition or requirement
under this order is prohibited. Any conspiracy formed
to violate any prohibition or requirement under this
order is prohibited.
Sec. 3. Authorities. (a) The Secretary is hereby
authorized to take such actions, including directing
the timing and manner of the cessation of pending and
future transactions prohibited pursuant to section 1 of
this order, ordering
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the replacement of equipment posing an unacceptable
risk to national security, adopting appropriate rules
and regulations, and employing all other powers granted
to the President by IEEPA, as may be necessary to
implement this order. The head of each agency is
authorized to and shall take all appropriate measures
within the agency's authority to implement this order.
The head of each agency may, consistent with applicable
law, including section 301 of title 3, United States
Code, redelegate the authority to take such appropriate
measures within the agency.
(b) Rules and regulations issued pursuant to this
order may, among other things, determine that
particular countries or persons are a Covered Foreign
Entity exclusively for the purposes of this order;
identify persons owned by, controlled by, or subject to
the jurisdiction or direction of a Covered Foreign
Entity exclusively for the purposes of this order;
identify particular equipment or countries with respect
to which transactions involving bulk-power system
electric equipment warrant particular scrutiny under
the provisions of this order; and establish procedures
to license transactions otherwise prohibited pursuant
to this order. Within 120 days of the date of this
order, the Secretary, in consultation with the
Secretary of War, the Secretary of Homeland Security,
the Director of National Intelligence, and any other
senior executive branch official the Secretary deems
appropriate, shall publish rules or regulations
implementing the authorities delegated to the Secretary
by this order as needed.
(c) As soon as practicable, the Secretary, in
consultation with the Secretary of War, the Secretary
of the Interior, the Secretary of Commerce, the
Secretary of Homeland Security, the Director of
National Intelligence, and any other senior executive
branch official the Secretary deems appropriate, shall:
(i) identify bulk-power system electric equipment designed, developed,
manufactured, or supplied by persons owned by, controlled by, or subject to
the jurisdiction or direction of one or more Covered Foreign Entities that
poses an undue risk of sabotage to or subversion of the design, integrity,
manufacturing, production, distribution, installation, operation, or
maintenance of the bulk-power system in the United States; poses an undue
risk of catastrophic effects on the security or resilience of United States
critical infrastructure or the economy of the United States; or otherwise
poses an unacceptable risk to the national security of the United States or
the security and safety of United States persons; and
(ii) develop and submit to the President through the Assistant to the
President for National Security Affairs recommendations on ways to
identify, inventory, isolate, monitor, or replace such items as soon as
practicable, taking into consideration overall risk to the bulk-power
system.
Sec. 4. Promoting Federal Energy Infrastructure
Procurement Policies to Support National Security and
Resilience. (a) Within 180 days of the date of this
order, the Secretary, in consultation with the Federal
Acquisition Regulatory Council (FAR Council) and any
other senior executive branch official he deems
appropriate, shall develop and submit a set of
recommended revisions to the Federal Acquisition
Regulation (FAR) to ensure that national security risks
are adequately considered in any Federal procurement
concerning energy infrastructure and to prioritize the
acquisition of United States-manufactured energy
infrastructure.
(b) Within 90 days of receiving the Secretary's
recommendations pursuant to subsection (a) of this
section, the FAR Council shall consider proposing for
notice and public comment amendments to the applicable
provisions in the FAR to implement the recommendations
provided by the Secretary.
Sec. 5. Definitions. For the purposes of this order:
(a) The term ``bulk-power system'' means a system
that: (i) facilities and control systems necessary for
operating an interconnected electric energy
transmission network (or any portion thereof); and (ii)
electric energy from generation facilities needed to
maintain electric system reliability. For the purpose
of this order, this definition includes transmission
lines rated at 69,000 volts (69 kV) or more, but does
not include facilities used in the local distribution
of electric energy.
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(b) The term ``bulk-power system electric
equipment'' means items used in bulk-power system
substations, control rooms, or power generating
stations, including reactors; capacitors; substation
transformers; utility-scale and other grid-connected
inverters; battery energy storage systems; and
uninterruptible power supply systems supporting
critical infrastructure, current coupling capacitors,
large generators, small generators, backup generators,
substation voltage regulators, shunt capacitor
equipment, automatic circuit reclosers, instrument
transformers, coupling capacity voltage transformers,
protective relaying, metering equipment, high voltage
circuit breakers, generation turbines, industrial
control systems (including remote terminal units,
programmable logic controllers, and intelligent
electronic devices), distributed control systems, and
safety instrumented systems. In determining whether
equipment is within the scope of this order, agencies
also may consider associated software and firmware,
remote access capabilities, lifecycle maintenance and
update mechanisms, and other supply chain dependencies
that could present an unacceptable risk to the bulk-
power system. Items not included in the preceding list
or that have broader application beyond the bulk-power
system unrelated to the national security concerns
identified in this order are outside the scope of this
order.
(c) The term ``foreign-produced'' means an article
that is not manufactured, produced, or assembled in the
United States.
(d) The term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization.
(e) The term ``Covered Foreign Entity'' means a
country or any person owned by, controlled by, or
subject to the jurisdiction or direction of a
government of a foreign country that is subject to a
United States arms embargo or sanctions regime, under
the International Traffic in Arms Regulations (22
C.F.R. 126.1), or that the Secretary, in consultation
with the Secretary of War, the Director of National
Intelligence, and the Assistant to the President for
National Security Affairs, has determined is engaged in
conduct that is detrimental to the national security or
foreign policy of the United States.
(f) The term ``person'' means an individual or
entity.
(g) The term ``procurement'' means the acquiring by
contract with appropriated funds of supplies or
services, including installation services, by and for
the use of the Federal Government, through purchase,
whether the supplies or services are already in
existence or must be created, developed, demonstrated,
and evaluated.
(h) The term ``United States person'' means any
United States citizen, permanent resident alien, entity
organized under the laws of the United States or any
jurisdiction within the United States (including
foreign branches), or any person in the United States.
Sec. 6. Reports to Congress. (a) The Secretary is
hereby authorized and directed to submit recurring and
final reports to the Congress regarding the national
emergency declared in this order, consistent with
section 401 of the NEA (50 U.S.C. 1641) and section
204(c) of IEEPA (50 U.S.C. 1703(c)).
Sec. 7. 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.
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(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.
(Presidential Sig.)
THE WHITE HOUSE,
August 26, 2026.
[FR Doc. 2026-17843
Filed 8-28-26; 11:15 am]
Billing code 3395-F4-P