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EO 14005Executive OrderBiden · D Quiet signal

Executive Order 14005

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

This executive order strengthens domestic procurement preferences by establishing a new Made in America Office within OMB to centralize and tighten waiver review, requiring agencies to maximize use of U.S.-made goods in federal spending. It mandates regulatory changes to increase domestic content thresholds, creates public transparency for waivers, and revokes several Trump-era executive orders on the same topic.

Federal Register Open PDF 86 FR 7475

Impact dates

  1. Bi-annual agency reports to Made in America Director (ongoing after initial report)

  2. Made in America Director appointment (implied immediate, triggers 45-day clock)

  3. FAR Council considers proposing amendments to FAR for domestic content test, thresholds, and price preferences

  4. Agency heads submit initial compliance and waiver reports to Made in America Director

  5. GSA submits recommendations on federal property procurement

  6. OMB publishes waiver information requirements and review deadlines (not to exceed 15 business days)

  7. GSA posts waiver information to public website within 5 days of receiving from OMB

Key directives

  • Establish Made in America Office within OMB with appointed Director
  • Centralize waiver review: agencies must submit proposed waivers to Made in America Director with detailed justification
  • Replace FAR 'component test' with value-added test for domestic content
  • Increase domestic content thresholds and price preferences in FAR
  • Create public website for waiver transparency
  • Require assessment of dumped/subsidized steel before waivers
  • Partner with Hollings MEP for supplier scouting to find domestic sources
  • Agency heads report on compliance and waiver use within 180 days
  • Bi-annual reporting on implementation, waiver spending, and recommendations ongoing

Who is ordered

Timeline

Immediate

  • Revocation of EO 13788, EO 13975, and section 5 of EO 13858; supersession of EO 10582 and EO 13881
  • Establishment of Made in America Office within OMB
  • Agency heads directed to consider suspending inconsistent actions

Near term (90d)

  • Made in America Director appointment and subsequent 45-day deadline for waiver process rules
  • OMB publication of waiver submission requirements and review deadlines (within 45 days of Director appointment)
  • GSA development of public waiver transparency website

Long term

  • FAR Council consideration of proposed amendments to domestic content tests and thresholds (180 days)
  • Agency reports on Made in America compliance due (180 days)
  • GSA recommendations on federal property procurement (180 days)
  • Bi-annual agency reporting ongoing thereafter
  • Potential final FAR rules on Buy American Act enforcement

Risks & tensions

  • Waiver process centralization may slow procurement; 'not to exceed 15 business days' review deadline has escape hatches via OMB Director waiver and national security exemptions
  • 'Consider proposing' and 'consider suspending' language throughout creates uncertainty about binding force vs. deliberative obligation
  • FAR Council amendments are prospective ('consider proposing'); no guarantee of final rule adoption
  • Trade agreement obligations (Trade Agreements Act waivers explicitly tracked) may conflict with tightened domestic preferences
  • Small and medium enterprises may struggle to meet higher domestic content thresholds if implemented
Executive Order 14005: Ensuring the Future Is Made in All of America by All of America's Workers · Executive Orders