30
Days to Identify
Underperforming contractors
15
Days to Remediate
Submit board-approved plan
$0
Buybacks Allowed
During underperformance
DPA
Enforcement Tool
Defense Production Act
Read Full Executive Order →
Core Policy Shift
This EO fundamentally changes how defense contractor performance is measured: executive compensation must now be tied to "on-time delivery and increased production" rather than financial metrics like earnings per share. Stock buybacks that prioritize shareholders over production capacity are explicitly prohibited during underperformance.

Executive Order Overview

What It Does

The "Prioritizing the Warfighter in Defense Contracting" order targets defense contractors who have allegedly prioritized shareholder returns over production capacity and timely delivery to the U.S. military.

Key Prohibitions

Performance Criteria

The Secretary of War must identify contractors who:

Legal Authority Question
The EO relies on the Defense Production Act (50 U.S.C. 4501 et seq.) and Federal Acquisition Regulations. However, directly mandating private company capital allocation decisions (like buyback bans) raises novel constitutional questions about executive authority over corporate governance.

Enforcement Process

1

Identification Phase

Secretary of War identifies underperforming contractors who have engaged in stock buybacks or distributions while failing to meet production/delivery benchmarks.

Deadline: 30 days from EO (Feb 6, 2026)
2

Remediation Window

Identified contractors must submit board-approved remediation plans addressing production deficiencies and capital investment commitments.

Deadline: 15 days after notification
3

Negotiation Period

Secretary negotiates with contractors to resolve issues and establish performance milestones.

Timeline: Ongoing
4

Enforcement Actions

If remediation fails, Secretary may invoke Defense Production Act remedies and modify Federal Acquisition Regulations for future contracts.

Tools: DPA powers, FAR modifications, contract penalties

Potentially Affected Contractors

The EO does not name specific companies, but major defense contractors with significant stock buyback programs include:

Lockheed Martin

F-35, missiles, space systems

RTX (Raytheon)

Missiles, radar, engines

Northrop Grumman

B-21, space, cyber

General Dynamics

Submarines, tanks, IT

Boeing Defense

Aircraft, satellites, weapons

L3Harris

Communications, sensors

Future Contract Requirements

The EO mandates that new defense contracts must include:

Implementation Timeline

January 7, 2026
Executive Order Signed
"Prioritizing the Warfighter in Defense Contracting" takes effect immediately
February 6, 2026
Identification Deadline
Secretary of War must identify underperforming contractors (30-day deadline)
Late February 2026
Remediation Plans Due
Identified contractors submit board-approved remediation plans (15 days after notification)
Q2 2026 (Expected)
Enforcement Actions Begin
DPA powers invoked for non-compliant contractors; FAR modifications implemented
2026-2027
Legal Challenges Expected
Contractors may challenge authority to mandate capital allocation decisions

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