Bayh-Dole Coalition Statement on Biden Administration Domestic Manufacturing Executive Order

Bayh-Dole Coalition Statement on Biden Administration Domestic Manufacturing Executive Order

Washington, D.C. (August 1, 2023) — Today, in response to the Biden administration’s Executive Order on federal research and development in support of domestic manufacturing and United States jobs, Executive Director of the Bayh-Dole Coalition Joseph P. Allen issued the following statement:

“President Biden’s Executive Order is well-intentioned and well-received. But as with any complex policy, the impact of this EO will depend on how it is implemented.

“In the months leading up to the release of this EO, many Coalition members were concerned that the Biden administration would require all federal agencies to invoke the ‘exceptional circumstances’ provision of the Bayh-Dole Act to expand the domestic manufacturing requirement to non-exclusive licenses and licenses to sell products outside the United States. The Department of Energy (DOE) adopted a policy along these lines in 2020. Unfortunately, that heavy handed approach, implemented without input from the actual stakeholders, is more likely to lead to fewer technologies being commercialized rather than expanding our manufacturing base.

“Clearly, our concerns were heard. The new Executive Order does not require federal agencies to adopt such a policy. We are thus hopeful that ‘exceptional’ circumstances will remain just that: rare, and only justified when deviations from the law help promote commercialization.

“We are also glad that the EO endeavors to improve the process for securing a waiver from the domestic manufacturing requirement. The waiver process has long been broken, and any effort to make it ‘clearer, timelier, and more consistent’ — as the White House fact sheet promises — should be applauded.

“Finally, we are pleased that the EO instructs the head of each agency to consult with outside stakeholders, including those in industry and academia.

“Already, it is clear that the Biden administration addressed many of the concerns of those directly affected by the EO’s provisions. We commend the administration for that. And we stand ready to work with the Biden administration as this EO is implemented to ensure it achieves its goals.”

About the Bayh-Dole Coalition: The Bayh-Dole Coalition is a diverse group of research and scientific organizations, as well as those directly involved in commercializing new products, dedicated to protecting the Bayh-Dole Act and educating policymakers about the positive impacts of the legislation.