issue-2021-01-28•Federal Register executive orders — 2021-01-28
Federal Register executive orders — 2021-01-28
issue-2021-01-28Federal Register executive orders — 2021-01-28Executive Order
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FR Doc. 2021-02038 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.
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.
(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.
(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.
(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.
(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. 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.
(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.
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.
(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.
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
(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
(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.
(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]]
(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
Complete official Federal Register PDF
FR Doc. 2021-02034 Enabling All Qualified Americans To Serve Their Country in Uniform
[Federal Register Volume 86, Number 17 (Thursday, January 28, 2021)]
[Presidential Documents]
[Pages 7471-7473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02034]
Presidential Documents
Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 /
Presidential Documents
[[Page 7471]]
Executive Order 14004 of January 25, 2021
Enabling All Qualified Americans To Serve Their
Country in Uniform
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. All Americans who are qualified to
serve in the Armed Forces of the United States (``Armed
Forces'') should be able to serve. The All-Volunteer
Force thrives when it is composed of diverse Americans
who can meet the rigorous standards for military
service, and an inclusive military strengthens our
national security.
It is my conviction as Commander in Chief of the Armed
Forces that gender identity should not be a bar to
military service. Moreover, there is substantial
evidence that allowing transgender individuals to serve
in the military does not have any meaningful negative
impact on the Armed Forces. To that end, in 2016, a
meticulous, comprehensive study requested by the
Department of Defense found that enabling transgender
individuals to serve openly in the United States
military would have only a minimal impact on military
readiness and healthcare costs. The study also
concluded that open transgender service has had no
significant impact on operational effectiveness or unit
cohesion in foreign militaries.
On the basis of this information, the Secretary of
Defense concluded in 2016 that permitting transgender
individuals to serve openly in the military was
consistent with military readiness and with strength
through diversity, such that transgender service
members who could meet the required standards and
procedures should be permitted to serve openly. The
Secretary of Defense also concluded that it was
appropriate to create a process that would enable
service members to take steps to transition gender
while serving.
The previous administration chose to alter that policy
to bar transgender persons, in almost all
circumstances, from joining the Armed Forces and from
being able to take steps to transition gender while
serving. Rather than relying on the comprehensive study
by a nonpartisan federally funded research center, the
previous administration relied on a review that
resulted in a policy that set unnecessary barriers to
military service. It is my judgment that the Secretary
of Defense's 2016 conclusions remain valid, as further
demonstrated by the fact that, in 2018, the then-
serving Chief of Staff of the Army, Chief of Naval
Operations, Commandant of the Marine Corps, and Chief
of Staff of the Air Force all testified publicly to the
Congress that they were not aware of any issues of unit
cohesion, disciplinary problems, or issues of morale
resulting from open transgender service. A group of
former United States Surgeons General, who collectively
served under Democratic and Republican Presidents,
echoed this point, stating in 2018 that ``transgender
troops are as medically fit as their non-transgender
peers and that there is no medically valid reason--
including a diagnosis of gender dysphoria--to exclude
them from military service or to limit their access to
medically necessary care.''
Therefore, it shall be the policy of the United States
to ensure that all transgender individuals who wish to
serve in the United States military and can meet the
appropriate standards shall be able to do so openly and
free from discrimination.
[[Page 7472]]
Sec. 2. Revocation. The Presidential Memorandum of
March 23, 2018 (Military Service by Transgender
Individuals), is hereby revoked, and the Presidential
Memorandum of August 25, 2017 (Military Service by
Transgender Individuals), remains revoked.
Sec. 3. Agency Roles and Responsibilities. In
furtherance of the policy described in section 1 of
this order, I hereby direct the following:
(a) The Secretary of Defense, and Secretary of
Homeland Security with respect to the Coast Guard,
shall, after consultation with the Joint Chiefs of
Staff about how best to implement this policy and
consistent with applicable law, take all necessary
steps to ensure that all directives, orders,
regulations, and policies of their respective
departments are consistent with this order. These steps
shall include establishing a process by which
transgender service members may transition gender while
serving, along with any further steps that the
Secretary of Defense and Secretary of Homeland Security
deem appropriate to advance the policy described in
section 1 of this order.
(b) The Secretary of Defense shall:
(i) immediately prohibit involuntary separations, discharges, and denials
of reenlistment or continuation of service on the basis of gender identity
or under circumstances relating to their gender identity;
(ii) identify and examine the records of service members who have been
involuntarily separated, discharged, or denied reenlistment or continuation
of service on the basis of gender identity or under circumstances relating
to their gender identity;
(iii) issue guidance to the Secretaries of each military department
regarding the correction of the military records of individuals described
in subsection (b)(ii) of this section as necessary to remove an injustice,
pursuant to section 1552(a) of title 10, United States Code, to the extent
permitted by law; and
(iv) direct the Secretaries of each military department to provide
supplemental guidance, subject to the approval of the Secretary, to the
boards for the correction of military records, instructing such boards on
how to review applications for the correction of records of individuals
described in subsection (b)(ii) of this section. Where appropriate, the
department concerned shall offer such individuals an opportunity to rejoin
the military should they wish to do so and meet the current entry
standards.
(c) The Secretary of Homeland Security with respect
to the Coast Guard shall:
(i) immediately prohibit involuntary separations, discharges, and denials
of reenlistment or continuation of service, on the basis of gender identity
or under circumstances relating to their gender identity;
(ii) identify and examine the records of service members who have been
involuntarily separated, discharged, or denied reenlistment or continuation
of service, on the basis of gender identity or under circumstances relating
to their gender identity;
(iii) issue guidance regarding the correction of the military records of
individuals described in subsection (c)(ii) of this section as necessary to
remove an injustice, pursuant to section 1552(a) of title 10, United States
Code, to the extent permitted by law; and
(iv) provide supplemental guidance to the Board for Correction of Military
Records of the Coast Guard, instructing the Board on how to review
applications for the correction of records of individuals described in
subsection (c)(ii) of this section. Where appropriate, the Secretary of
Homeland Security shall offer such individuals an opportunity to rejoin the
Coast Guard should they wish to do so and meet the current entry standards.
(d) The Secretary of Defense and the Secretary of
Homeland Security shall report to me within 60 days of
the date of this order on their progress in
implementing the directives in this order and the
policy described in section 1 of this order.
[[Page 7473]]
Sec. 4. 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.
(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. 2021-02034
Filed 1-27-21; 11:15 am]
Billing code 3295-F1-P
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