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Executive Order 14104Executive Order

Federal Research and Development in Support of Domestic Manufacturing and United States Jobs

Joseph R. Biden
Signed: Jul 28, 2023
Published: Aug 2, 2023
Standard Summary
Comprehensive overview

This executive order directs federal agencies to prioritize domestic manufacturing when technologies and products are developed with U.S. government R&D funding. It aims to strengthen the U.S. innovation ecosystem by ensuring that federally funded discoveries and inventions are manufactured in the United States when feasible, and by improving how invention data is reported and tracked. The order emphasizes workforce, national security, and resilience of critical supply chains, and it outlines a framework for coordinating across agencies, engaging stakeholders, modernizing reporting (including a shift toward iEdison for invention utilization), and shaping policy around Bayh-Dole waivers to encourage domestic production. Key elements include: agencies must consider domestic manufacturing in R&D funding and solicitations; standardize and expand reporting on where inventions are manufactured and licensed; advance a common, transparent waiver process for Bayh-Dole rights to manufacture in the U.S.; and require annual implementation reporting to ensure progress toward domestic manufacturing and job creation objectives. The order builds on existing laws (like the Bayh-Dole Act) and does not itself create new rights or new funding, but it sets policy and procedural expectations for federal researchers, grant recipients, and agency program offices.

Key Points

  • 1Policy objective and scope: The United States should manufacture in the U.S. when feasible for technologies and products developed with federal R&D funding, with goals to boost domestic manufacturing capacity, U.S. jobs, and national security, while supporting a net-zero emissions economy by 2050.
  • 2Coordination and stakeholder engagement: The White House emphasizes interagency coordination (involving national security, economic policy, OSTP, etc.) and advises consultation with external stakeholders (industry, academia including minority-serving institutions, labor, state/local/Tribal governments) to implement the policy.
  • 3Strengthening domestic manufacturing through R&D funding: Agencies are urged to incorporate domestic manufacturing considerations into R&D funding solicitations and roadmaps, support development of U.S.-based production facilities, and collaborate with the Small Business Administration (SBA) on SBIR/STTR programs to reduce barriers and promote U.S. production of new technologies.
  • 4Modernizing invention utilization reporting and iEdison transition: The order requires modern, standardized reporting on “subject inventions” (as defined by Bayh-Dole) and the locations where such inventions are manufactured or used. It directs a phased move to the iEdison system (to track unclassified inventions and related data) by 2025, with common reporting questions and efforts to minimize burden under the Paperwork Reduction Act. It also requires annual reporting on licensees and manufacturing locations.
  • 5Bayh-Dole waiver process and governance: The order directs agencies to consider “exceptional circumstances” for waiving domestic manufacturing requirements and to standardize a common waiver application with explicit criteria (e.g., national security, economic impact, licensing terms, and conditions for manufacturing abroad). It requires agency guidelines within 270 days, public-facing waiver summaries, and ongoing collaboration with the Made in America Office to ensure a transparent, rigorous process that aims to maximize U.S. benefits.
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