Executive Order 13920 · Signed May 1, 2020

85 FR 26595 · Published May 4, 2020 · Effective on signing

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Securing the United States Bulk-Power System

energy securitynational emergencyelectric gridforeign investment restrictionscritical infrastructure

Signed by President Donald Trump

The order declares a national emergency over foreign threats to the U.S. bulk-power electric grid and immediately prohibits acquiring, importing, transferring, or installing foreign-adversary-linked electrical equipment in that grid without government approval.

It establishes a Task Force to coordinate federal energy infrastructure procurement policy and directs the Secretary of Energy to publish implementing rules — marking the first use of emergency economic powers to police foreign involvement in U.S. electricity transmission infrastructure.

What this order does

What it orders

The order declares a national emergency and prohibits any person subject to U.S. jurisdiction from acquiring, importing, transferring, or installing bulk-power system electric equipment — including large transformers, generators, circuit breakers, and industrial control systems — when the transaction involves a foreign adversary's interest and the Secretary of Energy determines it poses undue risk of sabotage, catastrophic infrastructure failure, or national security harm. The prohibition applies to transactions initiated after the signing date. The Secretary of Energy may issue licenses, negotiate mitigation agreements, and publish lists of pre-qualified equipment and vendors to create safe-harbor pathways.

The order also establishes a Task Force on Federal Energy Infrastructure Procurement Policies chaired by the Secretary of Energy, composed of senior cabinet and intelligence officials, to develop consistent procurement standards for federal agencies and submit recommendations to the Federal Acquisition Regulatory Council. The Task Force must report annually to the President. The order does not itself identify specific countries or vendors as foreign adversaries — that determination is left to future rulemaking.

Who it affects

Any U.S. person or entity that acquires, imports, transfers, or installs major electrical grid equipment with any foreign-country interest; electric utilities and grid operators sourcing equipment internationally; federal agencies procuring energy infrastructure; and foreign equipment vendors seeking access to the U.S. bulk-power market.

Why it matters

Utilities and grid operators that rely on foreign-sourced transformers, generators, or control systems for transmission infrastructure now face potential transaction prohibitions and must seek government approval or mitigation agreements. Equipment deals initiated after May 1, 2020 are immediately subject to review, creating compliance costs and supply chain uncertainty across the electricity sector.

What must happen and when

How the order is supposed to work

The Secretary of Energy is the central implementing authority, acting in coordination with Defense, Homeland Security, and the Director of National Intelligence. Transaction prohibitions are self-executing on signing, but the Secretary has discretion to grant licenses and negotiate mitigation measures as preconditions to approval. Within 150 days, the Secretary must publish formal rules defining foreign adversaries, procedures, and criteria. The Task Force operates on an ongoing basis until its procurement-policy objectives are met, submitting annual reports. The FAR Council has 180 days after receiving Task Force recommendations to consider a rulemaking to embed those standards in federal acquisition rules. IEEPA provides enforcement authority, including civil and criminal penalties.

Actions and deadlines

  • Publish rules or regulations implementing authorities delegated to the Secretary of Energy by this orderWithin 150 days of signing
  • Identify risky foreign-adversary bulk-power equipment and develop recommendations to isolate, monitor, or replace itAs soon as practicable
  • Task Force submits first report to the President summarizing progress, findings, and procurement recommendationsWithin 1 year of signing
  • Task Force submits subsequent annual reports to the President while it remains in existenceAnnually thereafter
  • FAR Council considers proposing a Federal Acquisition Regulation amendment to implement Task Force procurement recommendationsWithin 180 days of receiving Task Force recommendations

Agencies directed to act

Department of EnergyOffice of Management and BudgetDepartment of DefenseDepartment of Homeland SecurityOffice of the Director of National IntelligenceDepartment of the InteriorDepartment of CommerceTennessee Valley AuthorityFederal Acquisition Regulatory Council

Authority and reach

Authorities cited

International Emergency Economic Powers Act (IEEPA)

Authorizes the President to regulate international commerce and transactions during a declared national emergency.

National Emergencies Act

Governs presidential declarations of national emergencies and requires periodic reporting to Congress.

3 U.S.C. § 301

Allows the President to delegate statutory functions to executive branch officers.

Article II

Constitutional grant of executive power to the President.

Executive Order

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Executive Order 13920: Securing the United States Bulk-Power System | EO Reporter