White House Releases Executive Order Declaring a National Emergency Regarding the Electrical Grid

On Aug. 26, the White House released an executive order titled “Declaring a National Emergency to Secure the United States Bulk-Power System.” The order declares a national emergency with respect to the U.S. electrical grid and seeks to protect the U.S. from national security risks arising from foreign-produced components, especially as technological advancements increase reliance on electrical infrastructure. The order warns that “such equipment might have digital backdoors built into their systems that allow a foreign country to access that equipment remotely.”

To manage such threats, the order authorizes the secretary of energy, in consultation with other relevant executive departments and agencies, to prohibit future transactions of electrical equipment and impose conditions on already installed infrastructure under two conditions: first, that the equipment is created or supplied by countries or individuals considered a national security risk; and, second, that the secretary deems the transaction poses a risk of sabotage or other remote disruption, of “catastrophic effects” on critical infrastructure, or to U.S. national security.

Finally, the order sets timelines for implementation and requires the secretary to recommend revisions to the Federal Acquisition Regulation that address the national security concern and prioritize acquisition of domestically produced infrastructure.

You can read the executive order here or below: