Executive Order 14051 · Signed Oct 31, 2021

86 FR 60747 · Published Nov 3, 2021 · Effective on signing

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Designation To Exercise Authority Over the National Defense Stockpile

national defensesupply chain securitystrategic materialsdefense stockpile

Signed by President Joseph R. Biden Jr.

The order designates the Under Secretary of Defense for Acquisition and Sustainment as the official authorized to release strategic and critical materials from the National Defense Stockpile, limiting releases strictly to national defense purposes and requiring consultation with relevant agency heads before any release.

What this order does

What it orders

The order designates the Under Secretary of Defense for Acquisition and Sustainment with authority to release strategic and critical materials from the National Defense Stockpile. It restricts any such release to situations where materials are required for use, manufacture, or production for national defense purposes only.

Releases for economic or budgetary reasons are explicitly prohibited. Before ordering any release, the Under Secretary must consult with the heads of relevant executive departments and agencies. The order preserves previously issued rules and actions unless inconsistent with its terms, and expressly leaves untouched the authorities assigned under Executive Order 13603 on National Defense Resources Preparedness.

Who it affects

The Under Secretary of Defense for Acquisition and Sustainment, who gains formal release authority; heads of relevant federal agencies, who must be consulted before any stockpile release; and defense industry manufacturers or producers who may receive released strategic materials.

Why it matters

Businesses and government contractors dependent on strategic or critical materials — such as rare minerals used in defense manufacturing — now have a single designated federal official who controls stockpile releases, with a clear prohibition against using those releases to address budget gaps or economic conditions.

What must happen and when

How the order is supposed to work

The Under Secretary of Defense for Acquisition and Sustainment holds release authority directly under statute. Before acting, the Under Secretary must consult relevant agency heads — a procedural check but not a veto. Any release must be tied to national defense use, manufacture, or production; releases for economic or budgetary convenience are barred on their face. Previously issued orders and regulations remain in effect unless inconsistent with this order. No reporting deadlines or sunset clauses are specified.

Actions and deadlines

  • Consult with heads of relevant executive departments and agencies prior to ordering any release of stockpile materialsNo deadline specified

Agencies directed to act

Department of DefenseOffice of Management and Budget

Authority and reach

Authorities cited

Strategic and Critical Materials Stock Piling Act

Federal law authorizing the government to acquire and stockpile strategic and critical materials for national defense.

National Defense Authorization Act for Fiscal Year 2013, § 1413

Provision of the 2013 defense bill relevant to National Defense Stockpile management authority.

3 U.S.C. § 301

General statute allowing the President to delegate functions to executive branch officers.

Article II

Constitutional grant of executive power to the President.

Executive Order

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