Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Coal Supply Chains and Baseload Power Generation Capacity

Energy & Environment Defense & Security Economy & Labor

In simple terms

This determination invokes the Defense Production Act to declare coal supply chains and baseload power generation capacity essential to national defense, citing financing constraints, regulatory delays, and market barriers as barriers that private industry cannot overcome alone. It authorizes the Secretary of Energy to make purchases, commitments, and provide financial support to expand coal mining, logistics, terminals, stockpiles, and power generation facilities, while waiving normal DPA procedural requirements.

Federal Register Open PDF 91 FR 21927

Record & deadlines

Apr 20, 2026Signed
Signed by the President
Apr 23, 2026FR published
Published in the Federal Register · 91 FR 21927
Federal Register PDF
Date TBD
Federal Register publication

Market exposure

Policy exposure mapping — not investment advice. Illustrative public companies are incomplete and not recommendations.

Sectors

Oil & gas Steel & aluminum Shipping & logistics Other industrial

Mechanisms

Subsidy / incentiveProcurement

Role pressure

ProtectiveDomestic producer — Coal mining operations receive direct federal purchase commitments and financial support, insulating from market decline
ProtectiveEquipment supplier — Life-extension work and reliability updates create demand for bespoke repair and maintenance services
MixedDownstream manufacturer — Industrial and AI data center consumers may benefit from baseload stability but face potential cost pass-through from subsidized coal
AdverseImporter — Focus on domestic supply chains and 'industrial resource' designation suggests preference for domestic over imported coal

Geographies

Illustrative public companies

Curated watchlist matches by sector/role — incomplete; not a recommendation.

MMM3MAAAlcoaAAPLAppleCATCaterpillarCENXCentury AluminumLNGCheniere EnergyCVXChevronCLFCleveland-CliffsCOPConocoPhillipsXOMExxon MobilFDXFedExFCXFreeport-McMoRanGEVGE VernovaHONHoneywellMATXMatsonNUENucorSHELShellSLBSLBSPYSPDR S&P 500 ETFTSLATeslaXUnited States SteelUPSUPS

Confidence: medium · Policy alerts

Key directives

Determine coal supply chains and baseload power generation capacity as industrial resources essential to national defense under DPA Section 303(a)(5)
Waive requirements of DPA Section 303(a)(1)-(a)(6) under Section 303(a)(7)
Authorize and direct Secretary of Energy to implement determination including purchases, commitments, and financial instruments
Direct publication in Federal Register

Who is ordered

Secretary of Energy · Department of Energy

Related orders

What to expect

Immediate

DPA authority invoked for coal supply chains
Section 303(a)(1)-(a)(6) procedural requirements waived
Secretary of Energy authorized to make purchases and financial commitments

Near term (90d)

Federal Register publication of determination
Implementation of purchase commitments and financial instruments
Project identification for coal life-extension and reliability updates

Long term

Coal-fired baseload capacity expansion or preservation
Supply chain infrastructure development (terminals, stockpiles, logistics)
Potential industrial expansion supported by stable baseload power

Risks & tensions

Tension with energy transition goals and climate commitments
Market distortion risk from subsidizing coal against declining economics
Regulatory conflict with environmental statutes not explicitly addressed
Uncertainty whether waiver of DPA procedural requirements affects judicial review or congressional oversight
Reliance on 2025 emergency declaration may face legal challenge on ongoing emergency basis