Designation To Exercise Authority Over the National Defense Stockpile

Executive Order 14051 of October 31, 2021

Designation To Exercise Authority Over the
National Defense Stockpile

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Strategic and Critical Materials
Stock Piling Act, as amended (50 U.S.C. 98 et seq.),
section 1413 of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239), and section
301 of title 3, United States Code, it is hereby
ordered as follows:

Section 1. Policy and Purpose. The United States needs
resilient, diverse, and secure supply chains to ensure
our economic prosperity, national security, and
national competitiveness. In Executive Order 14017 of
February 24, 2021 (America's Supply Chains), I directed
a comprehensive review of America's supply chains to
ensure that they are resilient in the face of a range
of risks. One critical component of safeguarding supply
chain resilience and industrial base health is ensuring
that both the Federal Government and the private sector
maintain adequate quantities of supplies, equipment, or
raw materials on hand to create a buffer against
potential shortages and import dependencies. Some of
the Federal Government's key tools to maintain adequate
quantities of supplies to guard against such shortages
and dependencies are the United States national
stockpiles, including the National Defense Stockpile.
By strengthening the National Defense Stockpile, the
Federal Government will both ensure that it is keeping
adequate quantities of goods on hand and provide a
model for the private sector, while recognizing that
private sector stockpiles and reserves can differ from
government ones. This order confers authority related
to the release of strategic and critical materials from
the National Defense Stockpile to improve Federal
Government efforts around stockpiling for national
defense purposes.

Sec. 2. Designation. In accordance with section 98f of
title 50, United States Code, the Under Secretary of
Defense for Acquisition and Sustainment (Under
Secretary) is designated to have authority to release
strategic and critical materials from the National
Defense Stockpile.

Sec. 3. Execution and Consultation. In executing the
authority conferred by this order, the Under Secretary
may release strategic and critical materials from the
National Defense Stockpile for use, sale, or other
disposition only when required for use, manufacture, or
production for purposes of national defense. No release
is authorized for economic or budgetary purposes. Prior
to ordering the release of strategic and critical
materials from the National Defense Stockpile, the
Under Secretary shall consult with the heads of
relevant executive departments and agencies.

Sec. 4. Authority. (a) All previously issued orders,
regulations, rulings, certificates, directives, and
other actions relating to any function affected by this
order shall remain in effect except to the extent that
they are inconsistent with this order or are
subsequently amended or revoked under proper authority.
Nothing in this order shall affect the validity or
force of anything done under previous delegations or
another assignment of authority under the Strategic and
Critical Materials Stock Piling Act.

    (b) Nothing in this order shall affect the
authorities assigned under Executive Order 13603 of
March 16, 2012 (National Defense Resources
Preparedness).

Sec. 5. 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.

    (Presidential Sig.)

THE WHITE HOUSE,

    October 31, 2021.