On April 20, 2026, President Trump issued five Presidential Determinations authorizing the Department of Energy (“DOE”) to deploy Defense Production Act (“DPA”) Title III incentives—including loans, loan guarantees, purchase commitments and cost-sharing arrangements—to support domestic energy production, infrastructure and related supply chains. Each of the five Presidential Determinations finds that the domestic energy industry cannot reasonably be expected to meet national defense needs in a timely manner without federal action and waives the statutory prerequisites set forth in Section 303(a)(1) through (a)(6) of the DPA encouraging and enabling the Secretary of Energy to provide incentives to industry on an expedited basis. The determinations cover five sectors of the domestic energy industry:
Coal Supply Chains and Baseload Power Generation Capacity (PD 2026-08)
Development, Manufacturing and Deployment of Large-Scale Energy and Energy-Related Infrastructure (PD 2026-09)
Grid Infrastructure, Equipment and Supply Chain Capacity (PD 2026-10)
Petroleum Production, Refining and Logistics Capacity (PD 2026-11)
Natural Gas Transmission, Processing, Storage and Liquefied Natural Gas Capacity (PD 2026-12)
The Presidential Determinations reference Executive Order (“EO”) 14156 (Declaring a National Energy Emergency), issued under the National Emergencies Act, which governs presidential emergency declarations.