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      si Congressional
            SResearch Service





E.O. 14005: Bolstering Federal Government

Purchase of American Products and Services



February   2, 2021
On January 25, 2021, President Joe Biden issued Executive Order (E.O.) 14005 to advance the policy that
the U.S. government should use terms and conditions of Federal financial assistance awards and Federal
procurements to maximize the use of goods, products, and materials produced, and services offered in, the
United States. Although the E. O. has broad applicability, this Insight focuses exclusively on the Buy
American Act (BAA) as applied to federal procurement and discusses selected provisions of the E.O.
As may occur during a presidential transition, E. 0. 14005 revoked two executive orders and superseded a
third that also promoted Buy American policies and were issued by President Biden's immediate
predecessor.

Implementing a Waiver Review Process
Under the E. 0., a newly formed Made in America Office, located in the Office of Management and
Budget (OMB) and led by the Made in America director (appointed by the OMB director), will be
responsible for reviewing agencies' proposed waivers to the BAA and detailed justifications for
procurement of products or materials not mined, produced, or manufactured in the United States.
Presently, there is no centralized process or office for reviewing agencies' waivers to the BAA
Generally, the review process as described in Section 4 of E.O. 14005 is to include the following steps:
      The granting agency submits a proposed waiver and written justification for use of goods,
       products, or materials that have not been mined, produced, or manufactured in the United
       States to the Made in America Office.
      The Made in America Office reviews the proposed waiver and determines whether
       issuing it would be consistent with applicable law and the policy set forth in section 1
       of E.O. 14005. The Made in America director notifies the granting agency of his or her
       decision in writing.
       *  If the Made in American director determines that issuing the proposed waiver would
          not be consistent with applicable law and policy, the director is to return the proposed
          waiver for further consideration.

                                                             Congressional Research Service
                                                               https://crsreports.congress.gov
                                                                                 IN11586

CRS INSIGHT
Prepared for Membersand
Committeesof Congress

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