Defense Production Act (DPA)

The Defense Production Act of 1950 is the federal government's primary authority for ensuring that the domestic industrial base can meet national defense needs. The DPA gives the President extraordinary powers: to require businesses to prioritize and accept government contracts over private orders, to provide loans and financial incentives to expand industrial capacity, to stockpile critical materials, and — through the Committee on Foreign Investment in the United States (CFIUS) — to block foreign acquisitions that threaten national security. Originally enacted during the Korean War, the DPA has been invoked for everything from military production to pandemic medical supplies.

Current Law (2026)

Legal Authority

• 50 U.S.C. § 4502 — Declaration of policy (national security depends on a robust domestic industrial base; the DPA exists to ensure capacity for national defense, disaster response, and critical infrastructure)
• 50 U.S.C. § 4511 — Priority in contracts and orders (President may require that contracts deemed necessary for national defense take priority over any other contract; may require acceptance and performance of such contracts in preference to other orders)
• 50 U.S.C. § 4512 — Hoarding of designated scarce materials (President may prohibit hoarding and excessive accumulation of materials designated as scarce and critical to national defense)
• 50 U.S.C. § 4531 — Presidential authorization for national defense (President may authorize loan guarantees by government agencies to private institutions financing the creation, maintenance, or expansion of defense-related industrial capacity)
• 50 U.S.C. § 4532 — Loans to private business enterprises (President may make direct loans to private businesses, including nonprofits and critical infrastructure providers, for defense-related capacity)
• 50 U.S.C. § 4533 — Other presidential action (President may authorize purchases of industrial resources, subsidize production, install government equipment in private plants, and take other actions to maintain essential defense industrial capabilities)
• 50 U.S.C. § 4565 — CFIUS authority (establishes the Committee on Foreign Investment in the United States; authorizes review and investigation of mergers, acquisitions, and takeovers that could threaten national security; President may block or unwind transactions)

How It Works

The DPA's powers are organized into three titles with distinct functions. Title I — the most frequently used — lets the President issue "rated orders" through the Defense Priorities and Allocations System (DPAS), administered by the Department of Commerce. A DX-rated order carries the highest priority: the recipient must accept it and fulfill it before all other obligations. A DO-rated order takes priority over unrated commercial orders but yields to DX orders. Companies that refuse to accept or perform valid rated orders face criminal penalties. DPAS rated orders cascade down supply chains — when a prime contractor holds a rated order, it must flow that rating to its suppliers, ensuring priority access to materials and components at every tier.

Title III gives the President tools to expand and maintain the defense industrial base through loan guarantees, direct loans, purchase commitments for critical materials, subsidies to maintain production capacity, and authority to install government-owned equipment in private facilities. Title III investments have developed domestic production of body armor components, rare earth minerals, pharmaceutical active ingredients, and — during COVID-19 — personal protective equipment, ventilators, and vaccine manufacturing capacity. Title VII contains CFIUS authority: CFIUS — chaired by the Secretary of the Treasury and including Defense, State, Commerce, and Homeland Security — reviews foreign acquisitions of U.S. businesses for national security risk. FIRRMA (2018) substantially expanded CFIUS's scope to cover non-controlling investments in critical technology companies, real estate transactions near military installations, and transactions involving foreign adversary entities. If CFIUS identifies a threat, it can negotiate mitigation measures or recommend that the President block or unwind the transaction — a power exercised against multiple Chinese and other foreign acquisitions in recent years.

How It Affects You

If you're a defense contractor, manufacturer, or supplier in the defense industrial base: Rated orders are the DPA's most immediate operational impact. When a government agency issues a DPAS-rated order (under the Defense Priorities and Allocations System, 15 CFR Part 700), your company must accept and prioritize it over unrated commercial orders. DX-rated orders (for the most critical programs, like nuclear weapons, certain advanced munitions) take absolute priority — you must fulfill them before everything else, regardless of existing commercial commitments. DO-rated orders (for most defense and homeland security programs) take priority over all unrated commercial orders.

You cannot refuse a valid rated order without authorization from the Department of Commerce's Bureau of Industry and Security (BIS). Unlawful refusal is a criminal violation. If accepting a rated order creates a conflict with another rated order, contact your customer's contracting officer immediately — there are procedures for resolving priority conflicts. For your supply chain: when you flow down a rated order requirement to a supplier, you must rate your order to them at the same level (or higher if justified), so the priority cascades down to raw materials and subcomponents.

Title III financing (50 U.S.C. §§ 4531-4533) is the DPA's industrial base investment tool. If you have production capacity for a defense-critical product that needs capital to expand, DoD's Title III program can provide loan guarantees, direct loans, and purchase commitments to reduce your risk. Recent Title III investments have targeted semiconductor manufacturing, body armor materials, rare earth processing, pharmaceutical production (APIs), and solid rocket motor propellants. DoD's Office of Industrial Base Policy (under the Assistant Secretary of Defense for Industrial Base Policy) manages Title III programs — contact at defense.gov/industrial-base. The 2023 CHIPS Act and IRA created parallel (and sometimes complementary) domestic manufacturing incentives that can be stacked with DPA Title III financing in some cases.

If you're a foreign investor or M&A advisor working on a deal involving a U.S. company: CFIUS review (50 U.S.C. § 4565) is mandatory or strongly advisable for any transaction where a foreign person or entity acquires control over a U.S. business — or any non-controlling investment in a critical technology, critical infrastructure, or sensitive personal data business. FIRRMA (2018) dramatically expanded CFIUS's scope beyond traditional M&A to include: real estate transactions near military installations (even if no U.S. business is being acquired), minority investments in critical technology companies where the investor gets board access or access to sensitive technical data, and transactions involving covered foreign adversary entities (Chinese state-affiliated investors receive the most scrutiny).

Voluntary CFIUS notice is strongly recommended even when not technically required — proceeding without filing and receiving a CFIUS inquiry post-closing can result in mandatory mitigation, forced divestiture, or even unwinding of the deal. The CFIUS process: submit a voluntary notice at Treasury's CFIUS portal (treasury.gov/cfius); 30-day initial review period (extendable to 45 days for investigation); possible mitigation agreement (National Security Agreement) with monitoring requirements; or Presidential block. CFIUS proceedings are classified — you won't see the specific national security concerns raised. Engage experienced CFIUS counsel before signing any definitive agreement involving a U.S. target, as the risk analysis affects deal structure (who serves on the board, what data the investor can access) and potentially your ability to close.

If you're a general manufacturer or supply chain manager in a non-defense industry: DPA rated orders can reach any U.S. business — not just defense contractors. During COVID-19, DPA orders reached companies making ventilators, PPE, and vaccine components that had no prior defense contracts. You may receive a rated order if your product or production capability is designated critical for national defense, homeland security, or emergency preparedness. If you receive one: (1) confirm it's a valid DPAS-rated order by checking the priority rating (DX or DO), program identification symbol, and certifier's name; (2) accept it and schedule production accordingly; (3) flow down the rating to your suppliers. For supply chain managers: maintain a contingency plan for what happens if your key suppliers receive higher-priority rated orders for government programs than your commercial orders — this is a real risk during emergencies and active conflicts, when government program demand spikes suddenly.

State Variations

The DPA is exclusively federal law. State emergency powers (governor's authority to commandeer resources, state defense production requirements) are separate legal frameworks that may be invoked concurrently during emergencies.

Implementing Regulations

• 15 CFR Part 700 — Defense Priorities and Allocations System (DPAS) — the BIS/Commerce Department's full operational rules for priority ratings and allocation orders (47 sections). Key provisions:

  • § 700.11 — Priority rating levels: two tiers — DX (highest national defense priority: nuclear weapons, critical munitions) and DO (defense orders for most military, homeland security, and emergency preparedness programs); all DX orders outrank all DO orders; all DO orders outrank all unrated commercial orders; within the same tier, rated orders have equal priority with each other, resolved by required delivery date
  • § 700.12 — Elements of a valid rated order: every rated order must include (1) the rating symbol and program identification symbol (e.g., "DO-A1" for Army, "DO-N1" for Navy, "DX-C2" for DHS critical infrastructure); (2) a required delivery date; (3) a statement certifying that the order is placed pursuant to DPAS authority; (4) a description of the item; no separate government authorization document is required — these four elements are self-executing
  • § 700.13 — Mandatory acceptance: a person receiving a valid rated order must accept it and fill it before unrated commercial orders — there is no opt-out; accepting a rated order cannot trigger breach claims on commercial contracts that get bumped; prices charged for rated orders cannot exceed those for comparable unrated orders; acceptance of rated orders is mandatory even if it requires modifying production schedules, finding new suppliers, or delaying other customers
  • § 700.14 — Preferential scheduling: rated-order recipients must reorganize their operations — production schedules, staffing, raw material acquisition — to satisfy the rated order's delivery requirements; ordinary business-as-usual scheduling does not satisfy this obligation if it leaves a rated order unfilled
  • § 700.15 — Extension of ratings down supply chains: when you hold a rated order, you must "flow down" the rating to every supplier you need to fill it; a prime contractor with a DX order must place DX-rated orders on its subcontractors, who must place DX-rated orders on their parts suppliers, and so on — the priority cascades to raw material level
  • § 700.18 — Limitations on placing rated orders: rated orders may only be placed by authorized persons and only for quantities actually needed to fill rated orders already in hand; rated orders cannot be used to build inventory or secure supply beyond current defense program requirements; misuse of rated orders to gain competitive advantage is a violation
  • §§ 700.30–700.35 — Allocation orders: more coercive than priority ratings — BIS may issue allocation orders when priority tools are insufficient to meet national defense needs; three types: set-asides (require a person to hold a quantity available for defense use); directives (require delivery of specified quantities); allotments (cap the total quantity a person may use or distribute); allocation orders are published in the Federal Register or served directly; all must be accepted — even if they conflict with existing rated orders or commercial contracts; unlike rated orders, allocation orders require BIS to first develop a written plan documenting scarcity and alternative actions considered (§ 700.31); BIS cannot use allocation power to control general civilian market distribution unless supply is critically short for national defense and alternative approaches have failed (§ 700.32)
  • § 700.71 — Audits and investigations: BIS may examine any books, records, documents, and information necessary to enforce the DPA; authorized representatives may enter premises; persons must cooperate; BIS may issue subpoenas for records or testimony
  • § 700.74 — Penalties: willful violation of DPAS is a federal crime — up to 1 year imprisonment and $10,000 fine per violation (50 U.S.C. § 4513); civil enforcement also available; adjustments and exceptions are available through BIS's Office of Strategic Industries and Economic Security (§ 700.80) and can be appealed to the Assistant Secretary for Export Administration (§ 700.81)

• 32 CFR Part 182 — DOD implementation of DPA for industrial base programs

• 7 CFR Part 789 — Agriculture Priorities and Allocations System (APAS) (42 sections across 7 subparts — FSA/USDA's implementation of the DPA priority and allocation authority for food, agricultural inputs, livestock, veterinary/plant-health resources, and domestic agricultural distribution under Executive Order 13603 and the Emergency Preparedness statutes at 42 U.S.C. §§ 5195–5197):

  • Priority rating system (§§ 789.11–789.18): the APAS uses the same two-tier rating structure as DPAS: DX ratings (highest priority, first served regardless of all other orders) and DO ratings (priority over all unrated orders); rated orders must show the priority rating (e.g., "DO-P1"), a required delivery date, the program authority, and a customer identification number (§ 789.12); recipients must accept rated orders and may not charge higher prices, refuse to deliver, or give preferential treatment to non-rated orders (§ 789.13); recipients must extend the same rating to their own suppliers when needed to fill a rated order (§ 789.15); only USDA-authorized persons may place rated orders, and only for quantities actually needed — rated orders cannot be used to build inventory beyond defense needs (§ 789.18)
  • Allocation authority (§§ 789.30–789.37): allocation power (more coercive than priority ratings) is used only when priority tools cannot adequately meet national defense needs (§ 789.30); before issuing an allocations order, USDA must prepare a written plan including a finding under Executive Order 13603 § 202 that the material is scarce and critical (§ 789.31); three types of allocation orders are available: set-asides (reserving a quantity for defense), directives (specific delivery requirements), and allotments (controlling total quantities that can be used by specific persons or industries) (§ 789.34); allocation orders must bear the Secretary's signature (paper or digital) and include precise calendar start and end dates (§ 789.35); recipients must accept all feasible allocation orders even if they conflict with rated orders or commercial commitments (§ 789.36)
  • Special priorities assistance (§§ 789.20–789.24): when rated orders face delivery problems, FSA Administrator can provide special assistance — contacting suppliers, facilitating priority treatment, issuing guidance (§ 789.20); special assistance is available only when there is a genuine urgent need AND the requester has made reasonable efforts to resolve the problem independently (§ 789.23); assistance may not be used to gain price advantages or obtain unfair benefits (§ 789.24)
  • Compliance (Subpart G, §§ 789.50–789.57): USDA may use administrative subpoenas, demands for information, and inspections to enforce the DPA; rated orders and allocation orders are equally subject to enforcement; violations may lead to referral to DOJ for civil or criminal penalties under the DPA

• 10 CFR Part 217 — Energy Priorities and Allocations System (EPAS) — the Department of Energy's implementation of DPA Title I priority and allocation authority for energy resources, operating in parallel with DPAS (Commerce/BIS) and APAS (USDA/FSA). EPAS governs fuel, electricity, natural gas, petroleum products, and the equipment and services needed to produce and distribute them when national defense programs require priority supply. Key provisions:

  • § 217.31 — Priority rating levels: EPAS uses the same two-tier structure as DPAS — DX-F ratings (highest priority, nuclear weapons and the most critical defense programs) and DO-F ratings (standard defense order priority, military and emergency preparedness programs); the "F" suffix identifies the order as an energy-sector rated order under DOE authority rather than a Commerce Department DPAS order; within each tier, rated orders are filled before unrated commercial orders
  • § 217.3 — Program eligibility: programs eligible for EPAS priority support include nuclear defense activities (weapons production, naval nuclear propulsion, nuclear waste cleanup), fossil fuel production and distribution programs critical to defense operations, electric power systems supporting military installations, and emergency preparedness programs authorized under the DPA. EPAS ratings are not available for general commercial energy supply — the program requires a nexus to national defense or emergency preparedness
  • § 217.32 — Elements of a rated order: every EPAS rated order must include the priority rating symbol (DO-F1 or DX-F1), a required delivery date, a program identification symbol, and a statement certifying that the order is placed under EPAS authority; recipients must accept valid rated orders and prioritize their fulfillment over unrated commercial orders — mandatory acceptance applies even if it requires modifying production schedules or supply chain arrangements
  • §§ 217.33–217.35 — Mandatory acceptance and flow-down: recipients of rated orders must accept them (no opt-out) and extend the same priority rating to their own suppliers to obtain whatever is needed to fulfill the rated order; the priority cascades through the supply chain — a DO-F1 rated order for fuel oil to a defense installation requires the fuel distributor to place DO-F1 orders on its terminals, which must place DO-F1 orders on their pipeline suppliers, all the way to crude production
  • §§ 217.50–217.55 — Allocation actions: when priority ratings alone cannot meet critical defense energy needs, DOE may issue allocation orders directly controlling how energy resources are distributed; three types of allocation actions are available — set-asides (reserve a quantity for defense use), directives (require delivery of specified quantities to specified recipients), and allotments (cap total quantities that particular entities may use or sell); allocation orders are coercive — they override existing commercial contracts and cannot be refused; DOE must document scarcity and exhaust priority-rating alternatives before issuing allocation orders
  • §§ 217.60–217.64 — Special priorities assistance: when a rated-order holder faces delivery problems from unresponsive suppliers, it may request special priorities assistance from the DOE field office; DOE staff will contact the supplier, explain the defense priority, and facilitate compliance; special assistance is available only when the requester has made genuine independent efforts to resolve the supply problem and there is an urgent defense need
  • §§ 217.70–217.76 — Compliance and enforcement: DOE may conduct audits and investigations of rated-order compliance; persons must provide records on request; willful violations of EPAS (as with all DPA programs) carry criminal penalties up to 1 year imprisonment and $10,000 fine per violation under 50 U.S.C. § 4513

  EPAS operates in an important gap in the DPAS/DPA framework: the Commerce Department's DPAS governs manufactured goods and materials, while EPAS governs the energy inputs that power all manufacturing. During national security crises — wartime mobilization, grid emergencies, or fuel supply disruptions — DOE can use EPAS to ensure that defense facilities, weapons production sites, and critical infrastructure receive fuel and power ahead of civilian demand. EPAS received renewed attention during the COVID-19 pandemic (PPE production required energy priority for plastics and chemical manufacturing) and again during the 2022 Russia-Ukraine war's impact on natural gas supply chains. Energy companies with government contracts or defense facility supply relationships should understand that their deliveries to defense customers can be formally prioritized under EPAS in ways that supersede their existing commercial delivery commitments.

  Recent rulemakings: Part 217 has been in place since the post-Cold War consolidation of DPA implementing regulations; no significant amendments in the past 5 years. E.O. 12919 (1994) delegated energy priorities authority to DOE; E.O. 13603 (2012) updated the delegation framework to align EPAS, DPAS, and APAS under a coordinated national preparedness structure.

• 45 CFR Part 101 — Health Resources Priorities and Allocations System (HRPAS) — the Department of Health and Human Services' implementation of DPA Title I priority and allocation authority for health resources, completing the E.O. 13603 delegation framework alongside DPAS (Commerce), APAS (USDA), and EPAS (DOE). HRPAS governs pharmaceuticals, medical devices, vaccines, blood products, personal protective equipment, hospital facilities, and health care personnel when national defense programs require priority supply. Key provisions:

  • § 101.31 — Priority rating levels: HRPAS uses the same DO/DX two-tier structure as all other DPA priority programs — DX-[M1–M9] ratings (highest priority, reserved for the most critical defense health programs) and DO-[M1–M9] ratings (standard defense health order priority); the "M" program identification symbol identifies the order as a health-resources rated order under HHS authority; all DX orders outrank all DO orders regardless of delivery date; within the same tier, orders have equal priority and are filled in delivery-date sequence; the program identification suffix (M1 through M9) identifies the specific defense health program being supported
  • § 101.3 — Program eligibility: programs eligible for HRPAS priority support include: (a) military health care programs (military medical personnel, field hospitals, combat casualty care equipment); (b) nuclear defense programs requiring medical countermeasures (radiation emergency drugs, medical response teams); (c) critical infrastructure protection programs requiring medical support; (d) emergency preparedness programs authorized under the DPA and related authorities; HRPAS is not available for routine public health programs — the nexus to national defense or emergency preparedness is required
  • § 101.32 — Elements of a rated order: every HRPAS rated order must include the priority rating (DO-M or DX-M with program ID), a required delivery date, a program identification symbol, and a certification statement; recipients must accept rated orders and fill them before unrated commercial orders — mandatory acceptance applies even if the recipient must modify production schedules or delay other customers; prices charged for rated orders cannot exceed prices for comparable unrated orders
  • §§ 101.33–101.35 — Mandatory acceptance and supply chain flow-down: identical to the other DPA programs — recipients must accept and fill rated orders ahead of all unrated orders; they must extend the same priority rating to their own suppliers when needed; the priority cascades through pharmaceutical supply chains, device manufacturers, PPE producers, and logistics companies all the way to raw material suppliers if needed
  • §§ 101.50–101.55 — Allocation authority: when priority ratings cannot meet critical defense health needs, HHS may issue allocation orders controlling the distribution of health resources; allocation orders are more coercive — they can require specific quantities to be delivered to specific recipients, override commercial contracts, and cannot be refused; HHS must document scarcity and exhaust priority alternatives before using allocation authority; the three types of allocation actions (set-asides, directives, allotments) mirror the other DPA programs

  HRPAS is the DPA program that most directly affects the general public, even if they don't know it by name. During the COVID-19 pandemic, HHS and FEMA used DPA authority (including HRPAS and DPA Title III manufacturing acceleration) to prioritize N95 respirator production, ventilator manufacturing contracts, vaccine supply chain materials, remdesivir production, and other health resources. The Defense Production Act authority was invoked dozens of times during 2020-2021 for health resources. Understanding HRPAS matters for: pharmaceutical manufacturers, medical device companies, hospital supply chain managers, and PPE producers — all of whom can be directed to fill federal orders ahead of their commercial customers in declared emergencies. Unlike the other DPA programs, HRPAS activations are most politically visible because they involve consumer health goods that the public directly experiences.

• 49 CFR Part 33 — Transportation Priorities and Allocations System (TPAS) — the Department of Transportation's implementation of DPA Title I priority and allocation authority for civil transportation resources, completing the E.O. 13603 five-agency DPA portfolio alongside DPAS (Commerce), APAS (USDA), EPAS (DOE), and HRPAS (HHS). TPAS governs all forms of civil transportation — motor carriers, rail, aviation, waterway, pipeline, and related transportation infrastructure — when national defense programs require priority access to transportation capacity. Key provisions:

  • § 33.31 — Priority rating levels: TPAS uses the same DO/DX two-tier structure — DX-T (highest priority) and DO-T (standard defense priority); the "T" program identification symbol identifies the order as a transportation-sector rated order under DOT authority; all DX orders outrank all DO orders; within each tier, orders have equal priority resolved by delivery date; the program identification suffix (T1–T9) identifies the specific defense or emergency preparedness program being supported
  • § 33.3 — Program eligibility: eligible programs include defense mobilization transportation, critical infrastructure protection transportation requirements, and emergency preparedness programs authorized under the DPA; TPAS covers any transportation service or facility needed to support these programs — including contract trucking, rail freight, air freight, waterway barge, fuel pipeline, and logistics coordination
  • § 33.32 — Elements of a rated order: every TPAS rated order must include the priority rating (DO-T or DX-T with program ID), a required delivery date, a program identification symbol, and a certification statement; transportation carriers, shippers, freight forwarders, and logistics companies must accept rated orders and prioritize service delivery over unrated commercial shipments — mandatory acceptance applies even if it displaces existing commercial freight contracts
  • §§ 33.33–33.35 — Mandatory acceptance and flow-down: identical structure to the other DPA programs — recipients must accept and fill rated orders ahead of unrated orders; they must extend the same priority rating to sub-contractors (e.g., a rated freight broker must place rated orders on its carrier network); the priority cascades through transportation supply chains to ensure the cargo actually moves
  • §§ 33.50–33.55 — Allocation authority: when priority ratings cannot meet critical defense transportation needs, DOT may issue allocation orders controlling specific transportation capacity; allocation orders are more coercive — they can require specific quantities of transportation service to be reserved for defense purposes, override commercial contracts, and cannot be refused; DOT must document scarcity and exhaust priority alternatives before issuing allocation orders

  TPAS activations are most significant during large-scale national emergencies that stress transportation infrastructure — evacuation operations (hurricane, wildfire mass evacuations), military mobilization (activating the Civil Reserve Air Fleet, pre-positioning military equipment), and public health emergencies (COVID-19 vaccine refrigerated distribution required coordinated cold-chain transportation). The "T" suffix rating system makes TPAS-rated freight immediately identifiable to carriers operating across all five DPA programs simultaneously; a single shipment might carry multiple defense programs' priorities. The Civil Reserve Air Fleet (CRAF) — a voluntary program in which U.S. airlines commit aircraft to military airlift in exchange for peacetime military charter contracts — is a related (but separate) transportation defense arrangement from TPAS; CRAF operates under TRANSCOM authority rather than TPAS rated orders.

Pending Legislation

• S 3600 — Expand DPA to housing, declare housing emergency, tie grants to housing supply. Status: Introduced.
• S 3511 — Treat DPA-backed mining/processing as covered projects on federal Permitting Dashboard. Status: Introduced.
• S 3530 — Ban energy-source discrimination in DPA aid, stop using DPA domestic energy authority. Status: Introduced.
• HR 8053 — Create DPA Emerging Technology Subcommittee, study strategic biomanufacturing. Status: Introduced.

Recent Developments

The COVID-19 pandemic brought the DPA into unprecedented public visibility. The Trump and Biden administrations both invoked DPA authorities through executive orders to accelerate production of medical supplies, vaccines, and testing materials — including rated orders for ventilators and vaccine raw materials, and Title III investments in vaccine manufacturing capacity. The pandemic use demonstrated that "national defense" extends far beyond military production. CFIUS activity has increased dramatically, particularly for transactions involving Chinese investors in technology, semiconductors, and critical infrastructure. The CHIPS and Science Act and other industrial policy legislation have been implemented partly through DPA mechanisms. Supply chain disruptions have prompted renewed interest in Title III authorities for domestic production of semiconductors, rare earths, and critical minerals.

In March 2026, the Department of Energy held closed meetings under the Defense Production Act to discuss implementation of Voluntary Agreements and related Plans of Action with entities in the nuclear fuel industry, reflecting ongoing efforts to strengthen domestic nuclear fuel supply chains.

In February 2026, DOE continued closed meetings under the Defense Production Act to discuss Voluntary Agreements with entities in the nuclear fuel industry, building on the ongoing effort to strengthen domestic nuclear fuel supply chains.

In February 2026, the President issued a waiver of statutory requirements pursuant to Section 303 of the Defense Production Act, authorizing expedited procurement actions for critical defense industrial base needs.

In March 2026, President Trump signed an executive order adjusting certain delegations under the Defense Production Act, titled "Promoting the National Defense by Ensuring an Adequate Supply of Critical Materials."

President Trump signed an executive order in March 2026 to ensure adequate domestic supply of elemental phosphorus and glyphosate-based herbicides, invoking national security authorities to support critical agricultural and industrial chemicals.