Trump authorizes federal support to expand US petroleum capacity
Trump waives statutory requirements, including advance notice to congressional committees, as he directs the Secretary of War to support domestic oil projects.
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Trump waives statutory requirements, including advance notice to congressional committees, as he directs the Secretary of War to support domestic oil projects.
US President Donald Trump has authorized federal purchases and financial support to expand domestic petroleum production, refining and the infrastructure that moves and stores oil. His October 22 determination directs the Secretary of War to implement the measures under Section 303 of the Defense Production Act of 1950, while waiving several requirements normally attached to that authority.
The decision follows Trump’s January 20, 2025 declaration of a national energy emergency. In the new determination, he says petroleum capacity is central to US defense readiness and that expansion is necessary to avert a shortfall that would severely impair national defense capability.
The determination covers oil exploration and production, refining, gathering and transmission pipelines, storage and marine terminals that handle petroleum shipments. It authorizes purchases, commitments to buy and financial instruments to enable projects across those activities.
Trump says industry cannot provide the needed capacity promptly without presidential action because of constrained financing, long lead times, permitting and infrastructure bottlenecks, and supply-chain limitations. He describes federal purchases, purchase commitments and other support as the most cost-effective, expedient and practical way to meet the need.
Trump invokes Section 303(a)(7) to waive the requirements of Section 303(a)(1)–(a)(6) for expanding petroleum capacity. The law permits that waiver during a declared national emergency or when the president determines that action is needed to avert a shortfall that would severely impair national defense. Trump cites both grounds.
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The waived provisions also ordinarily require a 30-day wait after congressional notification when actions would push the total outstanding amount for a shortfall above $50 million. An act of Congress authorizing actions above that threshold is normally required as well. The determination sets aside those requirements for the petroleum expansion.
The determination names no funded projects, spending amounts or implementation timetable. It directs the Secretary of War to carry out the support measures and publish the determination in the Federal Register.
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