MEMORANDUM FOR THE SECRETARY OF ENERGY
SUBJECT: Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Coal Supply Chains and Baseload Power Generation Capacity
On January 20, 2025, I issued Executive Order 14156, declaring a National Energy Emergency under the National Emergencies Act. This order identified America’s insufficient energy production, transportation, refining, and generation capacity as an unusual and extraordinary threat to the nation’s economy, national security, and foreign policy. It stressed that our current inadequate and intermittent energy supply makes us vulnerable to hostile foreign actors and presents an imminent and growing threat to the United States’ prosperity and national security.
In line with that declaration, I have determined that maintaining reliable coal supply chains and baseload power generation capacity is crucial for the national defense of the United States. Coal mining, logistics, terminals, stockpiles, and power generation facilities are vital for the resilience of our power grids and cannot be easily replaced. Without adequate coal-fired baseload power, the United States will lack the stable electricity needed to support defense installations, industrial growth, and the high-energy demands of emerging technologies like artificial intelligence.
Therefore, with the authority vested in me as President by the Constitution and the laws of the United States, including section 303 of the Defense Production Act of 1950, as amended (the “Act”) (50 U.S.C. 4533), I determine, pursuant to section 303(a)(5) of the Act, that:
(1) Coal supply chains and baseload power generation capacity, which include coal mining, rail and barge logistics, export and domestic terminals, generating unit availability, life-extension work, on-site stockpiles, and reliability updates, are industrial resources, materials, or critical technology items essential for national defense;
(2) Without presidential intervention under section 303 of the Act, U.S. industry cannot reasonably be expected to provide these essential capabilities in a timely manner due to financial constraints, regulatory delays, long-lead maintenance, costly and tailored repair cycles, and market barriers; and
(3) Purchases, purchase commitments, financial support for developing production capabilities, or other actions pursuant to section 303 of the Act are the most cost-effective, expedient, and practical methods to address this need.
I have declared a national emergency under Executive Order 14156 and further determine that expanding coal supply chain capacity and baseload generation availability is necessary to prevent a shortfall in industrial resources or critical technology items that would severely impair national defense capability. Therefore, under section 303(a)(7) of the Act, I waive the requirements of sections 303(a)(1)-(a)(6) of the Act to expand such capability.
You are authorized and directed to implement this determination, including making necessary purchases, commitments, and financial arrangements to support these projects, and to publish this determination in the Federal Register.
DONALD J. TRUMP
