Executive Order No. 14421. Declaring a National Emergency To Secure the United States Bulk-Power System

• Citation: 91 FR 55995
• Executive Order No.: 14421
• Published date: 31 August 2026
• Date: 26 August 2026
• Pages: 55995-55999
• FR Document: 2026-17843
• Issuer: Executive Office of the President
• Section: Presidential Documents

Presidential Documents

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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 Emer-

gencies 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, crit-

ical 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 ad-

vanced manufacturing, data centers, artificial intelligence, and defense pro-

duction has increased the Nation’s dependence on abundant, reliable elec-

tricity 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 abil-

ity 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 extraor-

dinary 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 prohib-

ited: 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 serv-

ice, 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, integ-

rity, 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 resil-

ience 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 Na-

tional 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 con-

tinuity 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 elec-

tric 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 equip-

ment 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 secu-

rity, 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 provi-

sions 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 pub-

lish rules or regulations implementing the authorities delegated to the Sec-

retary 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 iden-

tify, inventory, isolate, monitor, or replace such items as soon as prac-

ticable, 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 con-

cerning 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 sta-

tions, including reactors; capacitors; substation transformers; utility-scale

and other grid-connected inverters; battery energy storage systems; and

uninterruptible power supply systems supporting critical infrastructure, cur-

rent coupling capacitors, large generators, small generators, backup genera-

tors, substation voltage regulators, shunt capacitor equipment, automatic

circuit reclosers, instrument transformers, coupling capacity voltage trans-

formers, protective relaying, metering equipment, high voltage circuit break-

ers, 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 de-

pendencies 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 Regula-

tions (22 C.F.R. 126.1), or that the Secretary, in consultation with the Sec-

retary 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 appro-

priated 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, devel-

oped, 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.

THE WHITE HOUSE,

August 26, 2026.

[FR Doc. 2026–17843

Filed 8–28–26; 11:15 am]

Billing code 3395–F4–P

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