Executive Order 14005 · Signed Jan 25, 2021

86 FR 7475 · Published Jan 28, 2021 · Effective on signing

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Ensuring the Future Is Made in All of America by All of America's Workers

federal procurementdomestic manufacturingBuy American policygovernment contractingtrade policy

Signed by President Joseph R. Biden Jr.

The order establishes a new Made in America Office within OMB to centralize and publicly scrutinize every agency waiver from domestic-sourcing rules, and directs agencies and the Federal Acquisition Regulatory Council to tighten Buy American standards across federal procurement and financial assistance.

It revokes three prior executive orders on the same subject and requires each federal agency to report on its compliance with domestic-preference laws, creating a government-wide transparency and accountability infrastructure for "Buy American" rules.

What this order does

What it orders

The order directs the OMB Director to create a Made in America Office, headed by a presidentially appointed Made in America Director, that must review and publicly post every proposed waiver from domestic-sourcing rules before any agency may grant it. Agencies must submit descriptions and justifications for proposed waivers to that office; the office has up to 15 business days to approve or return each waiver. The order also directs the Federal Acquisition Regulatory Council (FAR Council) to propose amendments that would replace the existing "component test" for domestic content with a value-added measure, raise domestic-content thresholds, and increase price preferences for domestic goods. The General Services Administration must build a public website posting all proposed and granted waivers.

The order requires each agency head to submit within 180 days a report on compliance with Made in America Laws, and then bi-annually thereafter. It does not itself amend the FAR or change existing domestic-content percentages; those changes depend on the rulemaking the FAR Council is directed to initiate. It also revokes Executive Orders 13788, section 5 of 13858, and 13975, and supersedes earlier orders on Buy American procedures to the extent inconsistent with this one.

Who it affects

Federal agencies that issue grants or procurement contracts and currently obtain waivers from domestic-sourcing requirements, the OMB-housed Made in America Office that will review those waivers, U.S. and foreign manufacturers competing for federal contracts, and small- and medium-sized American businesses that may be identified through supplier scouting as domestic alternatives.

Why it matters

Foreign suppliers that previously obtained routine agency waivers from domestic-sourcing rules will face new public scrutiny and possible rejection of those waivers. American manufacturers gain a publicly searchable database of waiver requests, making it easier to compete for federal business that might otherwise go overseas.

What must happen and when

How the order is supposed to work

The Made in America Director is the linchpin: no agency waiver may proceed without passing through that office's review, except where the OMB Director waives review. Disputes between the Director and an agency head escalate through a process mirroring the OIRA regulatory-review conflict-resolution model under Executive Order 12866. The GSA public website creates accountability by exposing every proposed waiver. The FAR Council's proposed rules on domestic-content standards require notice-and-comment rulemaking before taking effect, so the procurement-threshold changes arrive later than the waiver-review machinery.

Actions and deadlines

  • Establish the Made in America Office within OMB and appoint its DirectorNo deadline specified
  • Publish list of required waiver submission information and set a review deadline of no more than 15 business daysWithin 45 days of the Made in America Director's appointment
  • Develop a public website posting all proposed and granted waivers from Made in America LawsNo deadline specified
  • FAR Council to consider proposing amendments replacing the component test, raising domestic-content thresholds, and increasing price preferencesWithin 180 days of signing
  • Each agency head to submit a report on compliance with Made in America Laws and recommendations for improvementWithin 180 days of signing
  • GSA Administrator to submit recommendations for ensuring products on Federal property meet domestic-sourcing policyWithin 180 days of signing
  • Each agency head to submit bi-annual reports on ongoing compliance, waiver use, and spending analysis by country of originBi-annually after initial 180-day report
  • FAR Council to review constraints on applying Made in America Laws to commercial-item information technology and develop recommendationsNo deadline specified

Agencies directed to act

Office of Management and BudgetGeneral Services AdministrationFederal Acquisition Regulatory CouncilOffice of Federal Procurement PolicyDepartment of CommerceInternational Trade AdministrationHollings Manufacturing Extension Partnership

Authority and reach

Authorities cited

Article II

Constitutional grant of executive power to the President.

3 U.S.C. § 301

Authorizes the President to delegate functions to heads of executive departments and agencies.

What this order changes

Revokes Executive Order 10582

Revokes Executive Order 13788

Revokes Executive Order 13858

Executive Order

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Executive Order 14005: Ensuring the Future Is Made in All of America by All of America's Workers | EO Reporter