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

Impact dates

1. Date TBD

   Annual waiver summaries to Commerce begin (FY2024)

2. Jul 27, 2025

   First biennial agency implementation reports due to OMB/OSTP, then annually for 5 years

3. Jul 27, 2024

   NIST submits iEdison transition action plan to OMB

4. May 1, 2024

   Common utilization questions effective for subject inventions elected on or after EO date

5. Apr 23, 2024

   Agencies establish waiver negotiation guidelines

6. Jan 24, 2024

   NIST develops common invention utilization questions

7. Nov 25, 2023

   Agencies report to OMB/OSTP on iEdison transition steps (120 days after final regulations)

8. Oct 26, 2023

   Agencies consider whether 'exceptional circumstances' exist for domestic manufacturing restrictions

9. Oct 26, 2023

   NIST makes waiver guidance available for public comment

10. Oct 26, 2023

    NIST develops common waiver application questions

11. Sep 26, 2023

    NIST develops award terms and conditions for reporting requirements

Key directives

• Agencies must consider domestic manufacturing in R&D funding solicitations
• OSTP to add 'domestic manufacturing' to future interagency technology R&D roadmaps
• Agencies must require tracking and reporting of manufacturing locations for subject inventions
• NIST to develop standardized award terms for reporting requirements within 60 days
• NIST to develop iEdison transition action plan within 1 year
• Agencies must consider 'exceptional circumstances' to extend domestic manufacturing requirements within 90 days
• NIST to publish waiver guidance for public comment within 90 days
• NIST to develop common waiver application questions within 90 days
• Agencies must establish waiver negotiation guidelines within 270 days
• Agencies must submit biennial then annual implementation reports for 5 years
• Annual waiver summaries to Commerce beginning FY2024

Who is ordered

• Assistant to the President for National Security Affairs · White House
• Assistant to the President for Economic Policy · White House
• Director of OSTP · OSTP
• Secretary of Defense · Department of Defense
• Secretary of Agriculture · Department of Agriculture
• Secretary of Commerce · Department of Commerce
• Secretary of Health and Human Services · Department of Health and Human Services
• Secretary of Transportation · Department of Transportation
• Secretary of Energy · Department of Energy
• Secretary of Homeland Security · Department of Homeland Security
• Director of the National Science Foundation · NSF
• Administrator of NASA · NASA
• Made in America Director · Office of Management and Budget
• Administrator of SBA · SBA
• Director of NIST · NIST

Timeline

Risks & tensions

• Many directives use 'should' rather than 'shall', creating implementation uncertainty; some key provisions are hortatory
• iEdison transition by calendar year 2025 is aspirational ('endeavor to', 'aim to') rather than mandatory
• Waiver process seeks to balance domestic manufacturing with technology commercialization incentives—risk of chilling investment if too restrictive
• Small business and nonprofit ownership protections may conflict with expanded domestic manufacturing mandates
• Reporting burden minimization goal may conflict with increased location tracking requirements
• Vague 'exceptional circumstances' standard for restricting title retention leaves agency discretion broad
• Enforcement mechanism unclear; EO explicitly creates no enforceable rights