Executive Order 14005: Ensuring the Future Is Made in All of America by All of America's Workers
President: Joseph R. Biden Jr.
Centralized Made in America waiver review, tightened domestic-preference policy and ordered consideration of higher domestic-content and price-preference standards.
Status: In effect.
Is Executive Order 14005 still in effect? Yes. The Federal Register disposition entry records no revocation or amendment, and GSA’s September 30, 2025 procurement deviation expressly retained EO 14005 and centralized Made in America waiver review, effective November 3, 2025. A February 23, 2026 procurement notice also cites the order. This is evidence of continuing administration, not a finding that every purchase follows identical rules; statutes, solicitations and agency deviations matter. GSA retained directives and effective date; February 23, 2026 notice.

What does Executive Order 14005 do?
OMB was to establish a waiver review, agencies to report their use of domestic preferences, and the acquisition council to consider rule changes.
EO 14005 established the Made in America Office in OMB and a central review process for proposed waivers of domestic preferences, alongside supplier scouting, transparency and reporting. Agencies had to consider lawful changes to inconsistent actions; the FAR Council had to consider proposing changes to domestic-content tests and price preferences. A direction to consider a proposal was not an immediate statutory ban on every foreign purchase.
The order’s Made in America Laws definition spans procurement and federal assistance, but those regimes are not interchangeable. Section 14 expressly revoked EO 13788, EO 13975 and section 5 of EO 13858; it displaced EO 10582 and EO 13881 only to the extent of inconsistency. These qualifications matter when tracing the surviving procurement framework rather than treating every earlier preference as wholly erased.
Before and after
Before the order
Buy American rules used lower domestic-content thresholds and agencies handled waivers without central public review.
After the order
The March 2022 final rule established the ordinary component-cost schedule: an initial move from 55% to 60%, then 65% for 2024–2028 deliveries and 75% beginning in 2029, with exceptions and an authorized contract-specific alternate. The rule’s component test uses an exceeding-the-threshold standard. This historical schedule is not a substitute for checking the applicable solicitation and any agency deviation. Final rule, FAR 25.101 and 25.201.
Later procurement overhaul did not simply erase the waiver framework. GSA’s 2025 deviation expressly retained the order and centralized review, while DOE’s 2026 policy directed use of model deviation language. For practical use, the agency, contract terms and applicable version of the rules matter; a general guide does not determine an individual item’s eligibility. GSA implementation; DOE implementation.
Who had to do what
| Agency or official | Direction | Timing |
|---|---|---|
| Agency heads | Consider suspending, revising or rescinding inconsistent actions and proposing further lawful implementation; follow applicable administrative procedures. | As soon as practicable; section 3. |
| OMB Director | Establish the Made in America Office and appoint its director. | No separate numerical setup deadline in section 4(a). |
| OMB and Made in America Director | Publish required waiver-submission information and a maximum review period. | Within 45 days of the Made in America Director’s appointment; review period not to exceed 15 business days; section 4(b). |
| Waiver-granting agencies | Submit proposed waivers and detailed justifications unless OMB provides otherwise; before public-interest waivers assess dumped or injuriously subsidized foreign cost advantages as permitted by law. | Before waiver; notify the Made in America Director as soon as possible when law requires faster action; sections 4–5. |
| OMB and Made in America Director | Review submitted waivers unless review waived; communicate findings, return inconsistent proposals for reconsideration and send publication information to GSA. | Review within the published clock; publication information promptly; sections 4(c), 6(b). |
| GSA Administrator | Develop a public waiver-information website and publish the supplied information subject to legal, national-security and confidentiality limits. | Post not later than five days after receiving information; section 6. |
| Agencies, partnering with the Hollings Manufacturing Extension Partnership | Scout U.S. producers, including small and medium-sized companies, able to meet federal procurement needs. | As appropriate and consistent with law; no fixed clock in section 7. |
| FAR Council | Consider proposing domestic-content and price-preference changes, evaluate public comments and issue a final rule if appropriate and lawful. | Consider proposals within 180 days; final rule promptly if appropriate; section 8. |
| OMB through OFPP, consulting Commerce and Made in America Director | Review proposed domestically nonavailable-article list changes and provide findings to the FAR Council. | Before the FAR Council proposes the update; section 9. |
| FAR Council | Review constraints on domestic preferences for commercial information technology and develop recommendations. | Promptly; section 10. |
| Agency heads | Report implementation, compliance, waivers and recommendations; continue updated reporting including trade-agreement waiver spending by origin. | Initial report within 180 days; subsequent reports biannually; sections 11–12. |
| GSA Administrator | Recommend ways to align products offered to the public on federal property with the order’s policy. | Within 180 days; section 13. |
Original signed duties. Reporting and review directions are distinct from proof of fulfillment.
What happened next
Biden signed EO 14005. Signed order.
Published at 86 FR 7475. Federal Register publication.
OMB issued M-21-26 with phased waiver review and reporting instructions: initial reports by July 24, 2021, and semiannual updates beginning January 23, 2022. Issuance does not establish that every report was delivered. OMB implementation memorandum.
DoD, GSA and NASA published the final FAR Buy American implementation rule, with a separate October 25 effective date. Final rule.
The 2022 FAR amendments became effective, with a staged domestic-content schedule and exceptions rather than a universal ban on foreign goods. Rule effective date.
GSA issued RFO-2025-25, expressly retaining EO 14005 and centralized waiver review in its model Part 25 implementation. GSA class deviation.
GSA’s deviation became effective for GSA procurements; its instructions separately address new solicitations and existing solicitations/contracts. GSA effective date.
DOE issued PF2026-28 directing contracting offices to use the RFO model Part 25 and relevant Part 52 text rather than the codified provisions. DOE policy flash.
A procurement information-collection notice continued to identify EO 14005 as part of the basis for FAR Part 25 certifications. This was not an amendment to the executive order or a measured purchasing outcome. Official procurement notice.
DOE updated its deviation materials for changed trade-agreement thresholds and related editorial revisions. DOE update date.
Legal and source detail
The Buy American Act framework for direct federal procurement is distinct from Build America, Buy America preferences for federally assisted infrastructure. OMB’s 2023 guidance expressly distinguishes their product categories and standards. Neither the order nor a component-cost percentage supplies a universal origin test for every grant, construction contract or trade-agreement purchase. OMB explanation of the two regimes.
How it works legally
Procurement statutes, trade agreements, the FAR and appropriations govern each purchase. The order directs executive procurement policy but cannot override statutory waivers or treaty obligations.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
- Current FAR Part 25 (opens in a new tab) Order text
- Federal Register — signed EO 14005, January 25, 2021
- Federal Register — 2021 executive order disposition entry
- OMB — memorandum M-21-26, June 11, 2021
- Federal Register — final Buy American FAR rule, March 7, 2022
- GSA — RFO-2025-25, issued September 30, 2025
- DOE — PF2026-28, issued January 15, 2026 and updated March 18, 2026
- Federal Register — procurement information-collection notice, February 23, 2026
- OMB — guidance distinguishing federal assistance from procurement, August 23, 2023
How we checked this
Last checked against the sources above on September 9, 2026. How we research →
Substantive status, duties and implementation review: October 16, 2026. The earlier dated review note is retained above; the new status explanation distinguishes original directions from verified later actions.