President Donald Trump signed Executive Order 13788, “Buy American and Hire American,” on April 18, 2017, at Snap-on’s tool plant in Kenosha, Wisconsin. The order directed every federal agency to “scrupulously monitor, enforce, and comply with Buy American Laws” and to minimize the use of waivers.
What agencies must do
Within 150 days, agency heads had to:
- assess how they monitor and enforce Buy American laws
- assess their use of waivers and the effect on domestic jobs and manufacturing
- propose policies to maximize the use of materials produced in the USA, including manufactured products, components, steel, iron, aluminum and cement
An OMB memo set the deadline for those reports at September 15, 2017. The Commerce Secretary and the U.S. Trade Representative were also told to assess how free trade agreements and the WTO procurement agreement affect Buy American laws. A report to the president was due within 220 days.
Waivers
The order said public-interest waivers should be read to maximize the use of USA-made goods. Before granting one, an agency must consider whether a foreign product’s cost advantage comes from dumped steel, iron or manufactured goods, or from subsidized products.
The order’s “Hire American” section dealt separately with work visas, including the H-1B program.
Later orders built on it. See Executive Order 13881 and Executive Order 14005.
FAQ
Where was the order signed?
At Snap-on in Kenosha, Wisconsin, on April 18, 2017.
What did it require?
Strict enforcement of Buy American laws, fewer waivers and 150-day agency reviews.
Did it change the domestic-content threshold?
No. Later orders such as Executive Order 13881 addressed thresholds.
Source & credit
Source: Federal Register: Executive Order 13788, “Buy American and Hire American”, signed April 18, 2017.
Also: White House text of the order; OMB Memorandum M-17-27; The Guardian: signing coverage.
