Trump declares national emergency over foreign power grid equipment
Rule ChangesExecutive Order 14421 restricts foreign-produced grid equipment and gives the Energy Department power to order replacements
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Overview
Updated 5 hours agoThe Federal Register on Monday published an executive order declaring a national emergency over the foreign supply of equipment for America's power grid. Executive Order 14421, signed by President Trump on August 26, prohibits buying, importing, or installing foreign-produced bulk-power system equipment from entities in 24 countries under U.S. arms embargoes or sanctions, unless the Energy Department approves the transaction.
The order also lets the Energy Secretary force utilities to isolate, monitor, or replace foreign-made grid equipment already in service. It's the second time Trump has invoked emergency powers over grid equipment; his 2020 order was revoked by the Biden administration in 2021.
Why it matters
Utilities may be forced to replace foreign-made transformers and grid gear, with the costs and reliability risks landing on ratepayers.
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The agency charged with determining which grid equipment transactions are prohibited and with publishing implementing rules.
The official daily journal of the U.S. government, where executive orders take legal effect upon publication.
Timeline
May 2020 December 2026
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DOE implementing rules expected
Upcoming ExpectedThe order directs the Energy Department to publish implementing rules before the end of the year.
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Federal Register publishes EO 14421
Latest PublicationPublication makes the order effective and starts the clock on DOE rulemaking.
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Trump signs EO 14421
Executive OrderThe new order declares a national emergency over foreign grid equipment supply and prohibits covered transactions.
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Biden revokes EO 13920
Policy ChangeThe Biden administration rescinds the 2020 order before implementing rules took effect.
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Trump signs first grid emergency order
Executive OrderEO 13920 prohibits certain foreign-produced bulk-power system equipment, citing risks from foreign adversaries.
Historical Context
3 moments from history that rhyme with this story — and how they unfolded.
Section 889 of the 2019 NDAA: The Huawei and ZTE ban
Congress banned federal agencies and their contractors from using equipment from Huawei and ZTE, citing national security risks from backdoors and remote access. The ban later extended to requiring rural carriers to rip out existing Huawei and ZTE gear.
Rural carriers received federal funds to replace the equipment.
It set the precedent for ordering removal of foreign equipment already installed in U.S. critical infrastructure, not just blocking future purchases.
EO 14421 uses the same logic: equipment already in the ground can be ordered removed if it poses a national security risk.
EO 13920: The first grid emergency order (2020)
Trump signed EO 13920 in May 2020, declaring a national emergency over foreign-produced bulk-power system equipment and prohibiting transactions involving equipment from foreign adversaries, particularly Russia and China.
The order was revoked by President Biden in April 2021 before implementing rules took effect.
It established the legal template and the 'bulk-power system electric equipment' definition that EO 14421 now revives and expands.
EO 14421 is a direct successor, restoring and broadening the 2020 restrictions with new authority over equipment already in service.
TikTok and WeChat IEEPA orders (2020)
Trump issued executive orders under IEEPA seeking to ban TikTok and WeChat in the United States. Federal courts enjoined both orders, finding the administration had not adequately distinguished the apps' risks from other data-collection practices.
The bans never took effect; the apps continued operating.
The litigation showed IEEPA-based orders are subject to meaningful judicial review, a precedent for challenges to EO 14421.
If the grid order is challenged, courts will weigh whether the national emergency finding and covered-entity designations survive scrutiny.
