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.

Factory workers and industrial components connect through arrows to a government procurement symbol and delivery trucks.
Domestic production and federal purchasing, illustrated symbolically; arrows do not represent measured procurement flows. EO Explained · site-generated editorial illustration · not documentary evidence.

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.

Administration position: The order’s findings and policy rationale were the Biden administration’s positions. This guide distinguishes them from implementation records and judicial rulings.

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.

Signed directions and section numbers.

SignedJanuary 25, 2021
Lead officialsOMB Made in America Office, FAR Council and agency procurement officials
Express timing180-day agency reporting; phased rulemaking

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

Original agency directions and timing; not a finding of completed delivery
Agency or officialDirectionTiming
Agency headsConsider suspending, revising or rescinding inconsistent actions and proposing further lawful implementation; follow applicable administrative procedures.As soon as practicable; section 3.
OMB DirectorEstablish the Made in America Office and appoint its director.No separate numerical setup deadline in section 4(a).
OMB and Made in America DirectorPublish 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 agenciesSubmit 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 DirectorReview 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 AdministratorDevelop 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 PartnershipScout 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 CouncilConsider 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 DirectorReview proposed domestically nonavailable-article list changes and provide findings to the FAR Council.Before the FAR Council proposes the update; section 9.
FAR CouncilReview constraints on domestic preferences for commercial information technology and develop recommendations.Promptly; section 10.
Agency headsReport 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 AdministratorRecommend 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.