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

[Federal Register Volume 86, Number 17 (Thursday, January 28, 2021)]

[Presidential Documents]

[Pages 7475-7479]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2021-02038]

Presidential Documents

Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 /

Presidential Documents

[[Page 7475]]

Executive Order 14005 of January 25, 2021

Ensuring the Future Is Made in All of America by

All of America's Workers

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, it is hereby ordered as follows:

Section 1. Policy. It is the policy of my

Administration that the United States Government

should, consistent with applicable law, use terms and

conditions of Federal financial assistance awards and

Federal procurements to maximize the use of goods,

products, and materials produced in, and services

offered in, the United States. The United States

Government should, whenever possible, procure goods,

products, materials, and services from sources that

will help American businesses compete in strategic

industries and help America's workers thrive.

Additionally, to promote an accountable and transparent

procurement policy, each agency should vest waiver

issuance authority in senior agency leadership, where

appropriate and consistent with applicable law.

will help American businesses compete in strategic

industries and help America's workers thrive.

Additionally, to promote an accountable and transparent

procurement policy, each agency should vest waiver

issuance authority in senior agency leadership, where

appropriate and consistent with applicable law.

Sec. 2. Definitions. (a) ``Agency'' means any authority

of the United States that is an ``agency'' under

section 3502(1) of title 44, United States Code, other

than those considered to be independent regulatory

agencies, as defined in section 3502(5) of title 44,

United States Code.

(b) ``Made in America Laws'' means all statutes,

regulations, rules, and Executive Orders relating to

Federal financial assistance awards or Federal

procurement, including those that refer to ``Buy

America'' or ``Buy American,'' that require, or provide

a preference for, the purchase or acquisition of goods,

products, or materials produced in the United States,

including iron, steel, and manufactured goods offered

in the United States. Made in America Laws include laws

requiring domestic preference for maritime transport,

including the Merchant Marine Act of 1920 (Public Law

66-261), also known as the Jones Act.

products, or materials produced in the United States,

including iron, steel, and manufactured goods offered

in the United States. Made in America Laws include laws

requiring domestic preference for maritime transport,

including the Merchant Marine Act of 1920 (Public Law

66-261), also known as the Jones Act.

(c) ``Waiver'' means an exception from or waiver of

Made in America Laws, or the procedures and conditions

used by an agency in granting an exception from or

waiver of Made in America Laws.

Sec. 3. Review of Agency Action Inconsistent with

Administration Policy. (a) The head of each agency

shall, as soon as practicable and as appropriate and

consistent with applicable law, including the

Administrative Procedure Act, consider suspending,

revising, or rescinding those agency actions that are

inconsistent with the policy set forth in section 1 of

this order.

(b) The head of each agency shall, as soon as

practicable and as appropriate and consistent with

applicable law, including the Administrative Procedure

Act, consider proposing any additional agency actions

necessary to enforce the policy set forth in section 1

of this order.

Sec. 4. Updating and Centralizing the Made in America

Waiver Process. (a) The Director of the Office of

Management and Budget (OMB) shall establish within OMB

the Made in America Office. The Made in America Office

shall be headed by a Director of the Made in America

Office (Made in America Director), who shall be

appointed by the Director of OMB.

ica

Waiver Process. (a) The Director of the Office of

Management and Budget (OMB) shall establish within OMB

the Made in America Office. The Made in America Office

shall be headed by a Director of the Made in America

Office (Made in America Director), who shall be

appointed by the Director of OMB.

(b) Before an agency grants a waiver, and unless

the OMB Director provides otherwise, the agency

(granting agency) shall provide the Made in America

Director with a description of its proposed waiver and

a detailed justification for the use of goods,

products, or materials that have not been mined,

produced, or manufactured in the United States.

[[Page 7476]]

(i) Within 45 days of the date of the appointment of the Made in America

Director, and as appropriate thereafter, the Director of OMB, through the

Made in America Director, shall:

(1) publish a list of the information that granting agencies shall

include when submitting such descriptions of proposed waivers and

justifications to the Made in America Director; and

(2) publish a deadline, not to exceed 15 business days, by which the

Director of OMB, through the Made in America Director, either will notify

the head of the agency that the Director of OMB, through the Made in

America Director, has waived each review described in subsection (c) of

this section or will notify the head of the agency in writing of the result

of the review.

(ii) To the extent permitted by law and consistent with national security

and executive branch confidentiality interests, descriptions of proposed

waivers and justifications submitted to the Made in America Director by

granting agencies shall be made publicly available on the website

established pursuant to section 6 of this order.

e head of the agency in writing of the result

of the review.

(ii) To the extent permitted by law and consistent with national security

and executive branch confidentiality interests, descriptions of proposed

waivers and justifications submitted to the Made in America Director by

granting agencies shall be made publicly available on the website

established pursuant to section 6 of this order.

(c) The Director of OMB, through the Made in

America Director, shall review each proposed waiver

submitted pursuant to subsection (b) of this section,

except where such review has been waived as described

in subsection (b)(i)(2) of this section.

(i) If the Director of OMB, through the Made in America Director,

determines that issuing the proposed waiver would be consistent with

applicable law and the policy set forth in section 1 of this order, the

Director of OMB, through the Made in America Director, shall notify the

granting agency of that determination in writing.

(ii) If the Director of OMB, through the Made in America Director,

determines that issuing the proposed waiver would not be consistent with

applicable law or the policy set forth in section 1 of this order, the

Director of OMB, through the Made in America Director, shall notify the

granting agency of the determination and shall return the proposed waiver

to the head of the agency for further consideration, providing the granting

agency with a written explanation for the determination.

(1) If the head of the agency disagrees with some or all of the bases for

the determination and return, the head of the agency shall so inform the

Made in America Director in writing.

e

granting agency of the determination and shall return the proposed waiver

to the head of the agency for further consideration, providing the granting

agency with a written explanation for the determination.

(1) If the head of the agency disagrees with some or all of the bases for

the determination and return, the head of the agency shall so inform the

Made in America Director in writing.

(2) To the extent permitted by law, disagreements or conflicts between

the Made in America Director and the head of any agency shall be resolved

in accordance with procedures that parallel those set forth in section 7 of

Executive Order 12866 of September 30, 1993 (Regulatory Planning and

Review), with respect to the Director of the Office of Information and

Regulatory Affairs within OMB.

(d) When a granting agency is obligated by law to

act more quickly than the review procedures established

in this section allow, the head of the agency shall

notify the Made in America Director as soon as possible

and, to the extent practicable, comply with the

requirements set forth in this section. Nothing in this

section shall be construed as displacing agencies'

authorities or responsibilities under law.

Sec. 5. Accounting for Sources of Cost Advantage. To

the extent permitted by law, before granting a waiver

in the public interest, the relevant granting agency

shall assess whether a significant portion of the cost

advantage of a foreign-sourced product is the result of

the use of dumped steel, iron, or manufactured goods or

the use of injuriously subsidized steel, iron, or

manufactured goods

a waiver

in the public interest, the relevant granting agency

shall assess whether a significant portion of the cost

advantage of a foreign-sourced product is the result of

the use of dumped steel, iron, or manufactured goods or

the use of injuriously subsidized steel, iron, or

manufactured goods. The granting agency may consult

with the International Trade Administration in making

this assessment if the granting agency deems such

consultation to be helpful. The granting agency shall

integrate any findings from the assessment into its

waiver determination as appropriate.

Sec. 6. Promoting Transparency in Federal Procurement.

(a) The Administrator of General Services shall develop

a public website that shall include

[[Page 7477]]

information on all proposed waivers and whether those

waivers have been granted. The website shall be

designed to enable manufacturers and other interested

parties to easily identify proposed waivers and whether

those waivers have been granted. The website shall also

provide publicly available contact information for each

granting agency.

ether those

waivers have been granted. The website shall be

designed to enable manufacturers and other interested

parties to easily identify proposed waivers and whether

those waivers have been granted. The website shall also

provide publicly available contact information for each

granting agency.

(b) The Director of OMB, through the Made in

America Director, shall promptly report to the

Administrator of General Services all proposed waivers,

along with the associated descriptions and

justifications discussed in section 4(b) of this order,

and whether those waivers have been granted. Not later

than 5 days after receiving this information, the

Administrator of General Services shall, to the extent

permitted by law and consistent with national security

and executive branch confidentiality interests, make

this information available to the public by posting it

on the website established under this section.

Sec. 7. Supplier Scouting. To the extent appropriate

and consistent with applicable law, agencies shall

partner with the Hollings Manufacturing Extension

Partnership (MEP), discussed in the Manufacturing

Extension Partnership Improvement Act (title V of

Public Law 114-329), to conduct supplier scouting in

order to identify American companies, including small-

and medium-sized companies, that are able to produce

goods, products, and materials in the United States

that meet Federal procurement needs.

Extension Partnership Improvement Act (title V of

Public Law 114-329), to conduct supplier scouting in

order to identify American companies, including small-

and medium-sized companies, that are able to produce

goods, products, and materials in the United States

that meet Federal procurement needs.

Sec. 8. Promoting Enforcement of the Buy American Act

of 1933. (a) Within 180 days of the date of this order,

the Federal Acquisition Regulatory Council (FAR

Council) shall consider proposing for notice and public

comment amendments to the applicable provisions in the

Federal Acquisition Regulation (FAR), title 48, Code of

Federal Regulations, consistent with applicable law,

that would:

(i) replace the ``component test'' in Part 25 of the FAR that is used to

identify domestic end products and domestic construction materials with a

test under which domestic content is measured by the value that is added to

the product through U.S.-based production or U.S. job-supporting economic

activity;

(ii) increase the numerical threshold for domestic content requirements for

end products and construction materials; and

(iii) increase the price preferences for domestic end products and domestic

construction materials.

rials with a

test under which domestic content is measured by the value that is added to

the product through U.S.-based production or U.S. job-supporting economic

activity;

(ii) increase the numerical threshold for domestic content requirements for

end products and construction materials; and

(iii) increase the price preferences for domestic end products and domestic

construction materials.

(b) The FAR Council shall consider and evaluate

public comments on any regulations proposed pursuant to

subsection (a) of this section and shall promptly issue

a final rule, if appropriate and consistent with

applicable law and the national security interests of

the United States.

Sec. 9. Updates to the List of Nonavailable Articles.

Before the FAR Council proposes any amendment to the

FAR to update the list of domestically nonavailable

articles at section 25.104(a) of the FAR, the Director

of OMB, through the Administrator of the Office of

Federal Procurement Policy (OFPP), shall review the

amendment in consultation with the Secretary of

Commerce and the Made in America Director, paying

particular attention to economic analyses of relevant

markets and available market research, to determine

whether there is a reasonable basis to conclude that

the article, material, or supply is not mined,

produced, or manufactured in the United States in

sufficient and reasonably available commercial

quantities and of a satisfactory quality. The Director

of OMB, through the Administrator of OFPP, shall make

these findings available to the FAR Council for

consideration.

rial, or supply is not mined,

produced, or manufactured in the United States in

sufficient and reasonably available commercial

quantities and of a satisfactory quality. The Director

of OMB, through the Administrator of OFPP, shall make

these findings available to the FAR Council for

consideration.

Sec. 10. Report on Information Technology That Is a

Commercial Item. The FAR Council shall promptly review

existing constraints on the extension of the

requirements in Made in America Laws to information

technology that is a commercial item and shall develop

recommendations for lifting these constraints to

further promote the policy set forth in section 1 of

this order, as appropriate and consistent with

applicable law.

[[Page 7478]]

Sec. 11. Report on Use of Made in America Laws. Within

180 days of the date of this order, the head of each

agency shall submit to the Made in America Director a

report on:

(a) the agency's implementation of, and compliance

with, Made in America Laws;

(b) the agency's ongoing use of any longstanding or

nationwide waivers of any Made in America Laws, with a

written description of the consistency of such waivers

with the policy set forth in section 1 of this order;

and

the agency's implementation of, and compliance

with, Made in America Laws;

(b) the agency's ongoing use of any longstanding or

nationwide waivers of any Made in America Laws, with a

written description of the consistency of such waivers

with the policy set forth in section 1 of this order;

and

(c) recommendations for how to further effectuate

the policy set forth in section 1 of this order.

Sec. 12. Bi-Annual Report on Made in America Laws. Bi-

annually following the initial submission described in

section 11 of this order, the head of each agency shall

submit to the Made in America Director a report on:

(a) the agency's ongoing implementation of, and

compliance with, Made in America Laws;

(b) the agency's analysis of goods, products,

materials, and services not subject to Made in America

Laws or where requirements of the Made in America Laws

have been waived;

(c) the agency's analysis of spending as a result

of waivers issued pursuant to the Trade Agreements Act

of 1979, as amended, 19 U.S.C. 2511, separated by

country of origin; and

and services not subject to Made in America

Laws or where requirements of the Made in America Laws

have been waived;

(c) the agency's analysis of spending as a result

of waivers issued pursuant to the Trade Agreements Act

of 1979, as amended, 19 U.S.C. 2511, separated by

country of origin; and

(d) recommendations for how to further effectuate

the policy set forth in section 1 of this order.

Sec. 13. Ensuring Implementation of Administration

Policy on Federal Government Property. Within 180 days

of the date of this order, the Administrator of General

Services shall submit to the Made in America Director

recommendations for ensuring that products offered to

the general public on Federal property are procured in

accordance with the policy set forth in section 1 of

this order.

Sec. 14. Revocation of Certain Presidential and

Regulatory Actions. (a) Executive Order 13788 of April

18, 2017 (Buy American and Hire American), section 5 of

Executive Order 13858 of January 31, 2019

(Strengthening Buy-American Preferences for

Infrastructure Projects), and Executive Order 13975 of

January 14, 2021 (Encouraging Buy American Policies for

the United States Postal Service), are hereby revoked.

18, 2017 (Buy American and Hire American), section 5 of

Executive Order 13858 of January 31, 2019

(Strengthening Buy-American Preferences for

Infrastructure Projects), and Executive Order 13975 of

January 14, 2021 (Encouraging Buy American Policies for

the United States Postal Service), are hereby revoked.

(b) Executive Order 10582 of December 17, 1954

(Prescribing Uniform Procedures for Certain

Determinations Under the Buy-America Act), and

Executive Order 13881 of July 15, 2019 (Maximizing Use

of American-Made Goods, Products, and Materials), are

superseded to the extent that they are inconsistent

with this order.

Sec. 15. Severability. If any provision of this order,

or the application of any provision to any person or

circumstance, is held to be invalid, the remainder of

this order and the application of its other provisions

to any other persons or circumstances shall not be

affected thereby.

Sec. 16. 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.

[[Page 7479]]

d 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.

[[Page 7479]]

(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,

January 25, 2021.

[FR Doc. 2021-02038

Filed 1-27-21; 11:15 am]

Billing code 3295-F1-P