Federal Research and Development in Support of Domestic Manufacturing and United States Jobs
- Executive Order Number
- 14104
- President
- Joseph R. Biden Jr.
- Signed
- July 28, 2023
- Published
- August 2, 2023
- Source
- Federal Register
- Original Document
- https://www.govinfo.gov/content/pkg/FR-2023-08-02/pdf/2023-16636.pdf
AI-Generated Summary
Executive Order 14104: Federal Research and Development in Support of Domestic Manufacturing and United States Jobs
Purpose
The purpose of Executive Order 14104, issued on July 28, 2023, is to enhance the United States' competitiveness, domestic manufacturing capacity, and job creation by ensuring that technologies developed through federal research and development (R&D) funding are manufactured within the U.S. whenever feasible. It aims to leverage federal R&D investments to support economic growth, national security, and a transition to a net-zero emissions economy by 2050.
Key Actions or Directives
- Coordination and Consultation: The order mandates coordination by the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, and the Director of the Office of Science and Technology Policy (OSTP). Agency heads are to consult with various stakeholders, including industry, academia, and government entities.
- Strengthening Domestic Manufacturing: Agency heads are encouraged to consider domestic manufacturing in R&D funding solicitations and support broader manufacturing objectives. The Director of OSTP is to add "domestic manufacturing" to future technology R&D roadmaps.
- Modernizing Reporting of Invention Utilization: Agencies are to streamline and standardize reporting on the utilization of federally funded inventions, requiring recipients to track and report manufacturing locations.
- Securing Critical and Emerging Technologies: Agencies are to evaluate if "exceptional circumstances" exist to restrict the right to retain title to inventions to promote domestic manufacturing, particularly for critical technologies.
- Improving the Waiver Process: Agencies are to develop processes for waiving domestic manufacturing requirements under certain conditions, ensuring these processes are rigorous and transparent.
Significant Changes to Policy or Law
- The order emphasizes the prioritization of domestic manufacturing in federal R&D-funded technologies, which could lead to changes in how federal R&D funding agreements are structured and managed.
- It introduces new reporting requirements for recipients of federal R&D funding, focusing on the manufacturing location of inventions.
- The order suggests potential changes to the Bayh-Dole Act's implementation, considering the restriction of title retention rights under "exceptional circumstances" to promote domestic manufacturing.
Potential Impacts
- Government Agencies: Agencies will need to adjust their R&D funding agreements and reporting processes, potentially requiring new resources and coordination efforts.
- Citizens: The order could lead to increased job opportunities in domestic manufacturing sectors, supporting economic growth and national security.
- International Relations: The focus on domestic manufacturing may influence trade relationships, particularly with countries reliant on U.S. technological innovations.
Main Stakeholders Affected
- Federal Agencies: Departments like Defense, Agriculture, Commerce, Health and Human Services, Transportation, Energy, Homeland Security, the National Science Foundation, and NASA are directly involved.
- Industry and Small Businesses: Companies receiving federal R&D funding will need to comply with new reporting and manufacturing requirements.
- Academia and Research Institutions: Universities and research centers will be impacted by changes in R&D funding agreements and technology transfer policies.
- Labor Unions and Workers: Increased emphasis on domestic manufacturing could lead to job creation and better working conditions.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: The order aligns with existing laws like the Bayh-Dole Act but introduces new considerations for "exceptional circumstances" that could affect how intellectual property rights are managed.
- Constitutional Implications: The order is grounded in the President's authority to direct executive branch actions but does not create new rights or benefits enforceable in court.
- Political Implications: The focus on domestic manufacturing and job creation aligns with broader political goals of economic nationalism and security, potentially influencing future policy and legislative agendas.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.