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<title>Federal Register, Volume 91 Issue 140 (Thursday, July 23, 2026)</title>
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[Federal Register Volume 91, Number 140 (Thursday, July 23, 2026)]
[Presidential Documents]
[Pages 46693-46697]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-15003]
Presidential Documents
Federal Register / Vol. 91 , No. 140 / Thursday, July 23, 2026 /
Presidential Documents
[[Page 46693]]
Executive Order 14415 of July 20, 2026
Securing America's Defense Supply Chains and
Ensuring Domestic Acquisition of Critical Materials
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered:
Section 1. Policy. The United States military is the
most effective and powerful fighting force on the
planet. It fields the most advanced weapons systems and
technologies in the world, utilizing cutting edge
equipment to dominate the modern battlefield. To
continue this dominance in an era of renewed great
power competition, the United States must secure its
supply chains against physical, cyber, and economic
subversion. It is the policy of the United States that
not only the finished equipment deployed by our
military, but also the critical materials and
components necessary to manufacture, maintain, sustain,
and repair that equipment, are sourced domestically or
from allied nations.
Despite the longstanding prohibition on the use of
sensitive materials sourced from geopolitical
adversaries, defense contractors have historically
under-prioritized domestic production and resilience.
My Administration will act to ensure that the statutory
requirements of 10 U.S.C. 4872 are strictly observed
and result in resilient domestic and allied supply
chains.
Sec. 2. Restricting Waivers. (a) On January 1, 2027,
the Secretary of War (Secretary) and the Secretaries of
the military departments shall cease to issue waivers
under 10 U.S.C. 4872(c)(1) for the acquisition of
covered materials under 10 U.S.C. 4872, except as
provided in subsection (b) of this section. Waivers
issued under 10 U.S.C. 4872(e) will only be issued as
provided in subsection (b) of this section or following
a request from the Secretary or the Secretary of the
military department to the Assistant to the President
for National Security Affairs.
(b) The Secretary may continue to issue waivers
under 10 U.S.C. 4872(c)(1) or (e) that would otherwise
be prohibited under subsection (a) of this section for
the acquisition of covered materials under 10 U.S.C.
4872, provided that the prime contractor or
subcontractor submits to the Secretary or his designee
a formal mitigation plan, accepted by the Secretary or
his designee, that clearly:
(i) identifies the source of the covered material that would not be
compliant with 10 U.S.C. 4872 absent a waiver;
(ii) documents evidence of exhaustive efforts made to acquire compliant
covered material or demonstrates that compliant covered material was not
available at the time of the acquisition of the non-compliant covered
material;
(iii) describes the steps to be taken by the prime contractor or
subcontractor to remove the non-compliant covered material from its supply
chains; and
(iv) establishes a strict projected timeline for complete implementation of
the mitigation plan.
(c) A prime contractor's or subcontractor's
failure to qualify a domestic source of covered
material shall not constitute non-availability for
purposes of a waiver under 10 U.S.C. 4872(c)(1), except
in such cases in which a prime contractor or
subcontractor demonstrates active, adequately funded,
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and ongoing efforts to qualify a domestic source of the
covered material at issue.
(d) If the Secretary determines a prime contractor
or subcontractor has engaged in fraud or deliberately
misled the Federal Government in any part of its
mitigation plan, or otherwise knowingly or willfully
failed to implement its mitigation plan on the terms
set forth and approved by the Secretary or his designee
in the mitigation plan, the Secretary shall take all
actions and exercise all contractual remedies the
Secretary deems appropriate, consistent with applicable
law. The Secretary may additionally refer the matter to
the Attorney General for investigation and possible
prosecution as appropriate.
(e) Within 180 days of the date of this order, the
Secretary shall provide the Assistant to the President
for National Security Affairs a list of generally
available actions and contractual remedies that have
been taken or may be taken or exercised to address
knowing or willful noncompliance by prime contractors
and subcontractors.
(f) The Secretary shall review the Department of
War's present application of the exemption for
electronic devices under 10 U.S.C. 4872(c)(3)(B) and
ensure the continued application of that exemption
meets current national security needs.
Sec. 3. Critical Supply Chain Mapping and Illumination.
(a) Within 180 days of the date of this order, the
Secretary shall develop policy and implementation
guidance to require all prime contractors and
subcontractors at any tier to map and illuminate, as
further described in subsection (b) of this section,
critical supply chains for all Department of War
acquisitions that support, implicate, or relate to
United States national security, as determined by the
Secretary, from raw materials to the end use products
such contractors deliver to the Department of War.
Within 90 days of completion, the Secretary shall
promulgate implementing regulations, and such
regulations shall seek to ensure that small businesses,
non-traditional defense companies, and new entrant
firms are able to comply with the intent of this
section without being unduly burdened by these
regulations, as well as ensure that these regulations
are consistent with all statutory domestic and allied
sourcing requirements.
(b) The proposed regulations promulgated pursuant
to subsection (a) of this section shall include
requirements that:
(i) contractors must submit to the Department of War a complete indentured
Bill of Materials that traces all components, parts, equipment, software,
and materials back to the origin of raw materials in their supply chains;
(ii) contractors must establish and implement written procedures, in
accordance with existing Department of War procedures for conducting supply
chain risk assessments, to proactively vet all suppliers and subcontractors
that support the critical supply chain; such vetting for critical supply
chains shall, at a minimum, include screening of subcontractors and
suppliers for the following categories of supply chain risks and
challenges:
(A) financial, as defined in section 7(c) of this order,
(B) foreign ownership, control, or influence, as defined in section 7(d)
of this order, and
(C) manufacturing and supply, as defined in section 7(e) of this order;
and
(iii) subject to the exception contemplated by section 6(a) of this order,
prohibit contractors from utilizing in their supply chains covered material
supplied by an unreliable foreign supplier, as defined in section 7(f) of
this order.
(c) The proposed regulations promulgated pursuant
to subsection (a) of this section shall require
contractors, upon completion of the vetting activities
described in subsection (b)(ii) of this section, to:
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(i) implement timely mitigation actions, including those identified in the
required Supply Chain Risk Management Plan pursuant to Contract Requirement
Data List DI-MGMT-82256A, to reduce the likelihood or impact of each
identified risk;
(ii) track active mitigation actions until closure;
(iii) within 15 days of completing the vetting activities, notify the
Department of War of any significant supply chain risks identified by the
vetting activities;
(iv) within 45 days of completing the vetting activities, submit a written,
confidential corrective action plan detailing implemented mitigations and a
strict projected timeline for complete implementation of the corrective
action plan; and
(v) submit a closeout report upon completing the corrective action plan.
(d) The Department of War shall, in response to the
vulnerabilities, bottlenecks, and single points of
failure identified by contractor acquisition
information, map national security vulnerabilities as
they relate to the sourcing of key raw materials or
other links in the supply chain, using any tools and
technologies to include artificial intelligence to
assist in doing so. The Secretary shall account for
identified vulnerabilities, bottlenecks, and single
points of failure before issuing any waivers under 10
U.S.C. 4872(c)(1) or (e), consistent with the
requirements of section 2 of this order.
Sec. 4. Qualification of Domestic Sources. (a) Within
180 days of the date of this order, the Secretary shall
initiate regulatory action to:
(i) identify, in his sole discretion, all existing acquisitions by the
Department of War that support, implicate, or relate to United States
national security; and
(ii) require contractors who, in delivering the identified acquisitions,
rely on supply chains that include material or components supplied by an
unreliable foreign supplier, to, as soon as possible, consistent with law,
safety, mission requirements, and existing contract requirements, qualify
and utilize an alternative source for the material or components supplied
by the unreliable foreign supplier, except in cases where no such
alternative source is available.
(b) A contractor's failure to qualify an
alternative source under subsection (a) of this section
shall constitute grounds, consistent with law and
existing contract terms, for the Secretary to consider
suspending or terminating task orders, declining to
exercise contract options, and terminating the existing
contract.
(c) Within 90 days of the date of this order, the
Secretary shall develop a strategy to accelerate
testing and qualification of new sources and materials
by prime contractors and subcontractors at any tier.
This strategy shall include developing new software,
technical testing procedures, qualification
methodologies, and resources. As part of this strategy,
the Secretary shall identify and begin steps to rescind
any regulations that prevent rapid testing and
qualification of sources and materials necessary for
defense production.
Sec. 5. Reporting. (a) Every 6 months from the date of
this order until January 1, 2028, the Secretary shall
submit a report to the Assistant to the President for
National Security Affairs describing the actions taken
pursuant to this order. This report shall include:
(i) any continued use of waivers by prime contractors or subcontractors
under 10 U.S.C. 4872;
(ii) the number of mitigation plans accepted under section 2(b) of this
order and the progress made by relevant contractors to complete the
commitments outlined in their relevant mitigation plans; and
(iii) progress made on implementing the regulations required by sections 3
and 4 of this order, as well as the acquisitions to be covered by those
regulations.
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(b) The report may include a classified annex if
the Secretary determines that national security
considerations so require.
Sec. 6. Project Vault and U.S. Funded Sources. (a)
Nothing in this order shall be construed to impair or
otherwise affect the U.S. Strategic Critical Minerals
Reserve (also known as ``Project Vault'') for which the
Export-Import Bank of the United States is a lender or
the acquisition by a contractor or subcontractor of
critical minerals or components produced by a foreign
project or other transaction financed, guaranteed, or
insured by the Export-Import Bank of the United States
or the United States International Development Finance
Corporation.
(b) The sale of critical materials or components by
Project Vault to a contractor or subcontractor shall
not be construed as a credit sale of a defense article
or service for purposes of 12 U.S.C. 635(b)(6)(A).
(c) Nothing in this order shall be construed to
impair or otherwise affect the acquisition by a
contractor or subcontractor of critical minerals or
components produced by a company or project receiving
grants, financing, loans, equity investment, or other
such support from the Department of State, the
Department of War, the Department of Commerce, or the
Department of Energy.
Sec. 7. Definitions. For purposes of this order:
(a) The term ``critical supply chain'' means all
tiers of suppliers and subcontractors providing goods,
materials, systems, software, or services that are
essential to contract deliverables, mission assurance,
security, or resilience, as defined by the Secretary.
(b) The term ``indentured Bill of Materials'' shall
mean all the components, parts, equipment, software,
and materials back to the origin of raw materials
collected during the design, development, and initial
fielding process of a system or end item. This term
includes data for maintenance planning, logistics
design requirements, reliability and maintainability,
system safety, maintenance engineering, cost,
cataloging, item management, and in-service feedback.
The indentured Bill of Materials will require a
standard format, content, and data pursuant to contract
data requirement list data item descriptions (DIDs) and
will have intended use as outlined in the DID. An
indentured Bill of Materials may be disclosed to
contractor personnel performing under a Department of
War contract, notwithstanding any other provision of
law, if the disclosure is necessary for the covered
Federal Government support contractor to furnish
independent or impartial advice or technical assistance
directly to the Federal Government in support of the
Federal Government's statutory authorities to include
the promulgation of policy, management, and oversight
of the program or effort to which the sensitive
information relates; is within the scope of the covered
contracts with such contractors; and the contractor and
contractor personnel to which the information is
disclosed will appropriately protect proprietary
information from unauthorized disclosure or use.
(c) A ``financial'' supply chain risk or challenge
means a situation in which a supplier cannot generate
revenue or income resulting in the inability to meet
financial obligations. Financial distress can lead to
the inability to meet contractual obligations, hostile
takeovers, or bankruptcy.
(d) The term ``foreign ownership, control, or
influence'' means a foreign interest has the power--
whether through direct or indirect control, whether or
not exercised--to direct or decide matters affecting
the management or operations of a company in a manner
that may result in unauthorized access to information
or may adversely affect the performance of contracts or
programs which support national security.
(e) A ``manufacturing and supply'' supply chain
risk or challenge means either a single supplier,
economic sector, or market cannot meet market demand.
This can be due to reduced throughput or production
delays caused by capacity constraints, obsolescence,
industrial limitations, market conditions and the
supplier's practices across those markets, disrupted
material
[[Page 46697]]
delivery, and other conditions. Additional concerns
include availability of supply, capacity to surge,
sole-source, and concentration within or over-reliance
on a single source.
(f) The term ``unreliable foreign supplier'' means
any person subject to the foreign ownership, control,
or influence of a covered nation as defined by 10
U.S.C. 4872(f)(2), or a nation otherwise designated by
the Secretary.
Sec. 8. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(d) The costs for publication of this order shall
be borne by the Department of War.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
July 20, 2026.
[FR Doc. 2026-15003
Filed 7-22-26; 11:15 am]
Billing code 6001-FR-P
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