Secure Defense Supply Chains

Trump orders restrictions on waivers for defense supply chain materials to prioritize domestic or allied sourcing.

[SECURING AMERICA’S DEFENSE SUPPLY CHAINS AND ENSURINGDOMESTIC 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)