Presidential DocumentExecutive Order 137882017-08311
Buy American and Hire American
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 21, 2017
Signed
April 18, 2017
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 82 Issue 76 (Friday, April 21, 2017)</title>
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[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Presidential Documents]
[Pages 18837-18839]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2017-08311]
[[Page 18835]]
Vol. 82
Friday,
No. 76
April 21, 2017
Part II
The President
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Executive Order 13788--Buy American and Hire American
Presidential Documents
Federal Register / Vol. 82 , No. 76 / Friday, April 21, 2017 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 18837]]
Executive Order 13788 of April 18, 2017
Buy American and Hire American
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and to ensure the faithful execution of the
laws, it is hereby ordered as follows:
Section 1. Definitions. As used in this order:
(a) ``Buy American Laws'' means all statutes,
regulations, rules, and Executive Orders relating to
Federal procurement or Federal grants--including those
that refer to ``Buy America'' or ``Buy American''--that
require, or provide a preference for, the purchase or
acquisition of goods, products, or materials produced
in the United States, including iron, steel, and
manufactured goods.
(b) ``Produced in the United States'' means, for
iron and steel products, that all manufacturing
processes, from the initial melting stage through the
application of coatings, occurred in the United States.
(c) ``Petition beneficiaries'' means aliens
petitioned for by employers to become nonimmigrant visa
holders with temporary work authorization under the H-
1B visa program.
(d) ``Waivers'' means exemptions from or waivers of
Buy American Laws, or the procedures and conditions
used by an executive department or agency (agency) in
granting exemptions from or waivers of Buy American
Laws.
(e) ``Workers in the United States'' and ``United
States workers'' shall both be defined as provided at
section 212(n)(4)(E) of the Immigration and Nationality
Act (8 U.S.C. 1182(n)(4)(E)).
Sec. 2. Policy. It shall be the policy of the executive
branch to buy American and hire American.
(a) Buy American Laws. In order to promote economic
and national security and to help stimulate economic
growth, create good jobs at decent wages, strengthen
our middle class, and support the American
manufacturing and defense industrial bases, it shall be
the policy of the executive branch to maximize,
consistent with law, through terms and conditions of
Federal financial assistance awards and Federal
procurements, the use of goods, products, and materials
produced in the United States.
(b) Hire American. In order to create higher wages
and employment rates for workers in the United States,
and to protect their economic interests, it shall be
the policy of the executive branch to rigorously
enforce and administer the laws governing entry into
the United States of workers from abroad, including
section 212(a)(5) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(5)).
Sec. 3. Immediate Enforcement and Assessment of
Domestic Preferences According to Buy American Laws.
(a) Every agency shall scrupulously monitor, enforce,
and comply with Buy American Laws, to the extent they
apply, and minimize the use of waivers, consistent with
applicable law.
(b) Within 150 days of the date of this order, the
heads of all agencies shall:
(i) assess the monitoring of, enforcement of, implementation of, and
compliance with Buy American Laws within their agencies;
(ii) assess the use of waivers within their agencies by type and impact on
domestic jobs and manufacturing; and
[[Page 18838]]
(iii) develop and propose policies for their agencies to ensure that, to
the extent permitted by law, Federal financial assistance awards and
Federal procurements maximize the use of materials produced in the United
States, including manufactured products; components of manufactured
products; and materials such as steel, iron, aluminum, and cement.
(c) Within 60 days of the date of this order, the
Secretary of Commerce and the Director of the Office of
Management and Budget, in consultation with the
Secretary of State, the Secretary of Labor, the United
States Trade Representative, and the Federal
Acquisition Regulatory Council, shall issue guidance to
agencies about how to make the assessments and to
develop the policies required by subsection (b) of this
section.
(d) Within 150 days of the date of this order, the
heads of all agencies shall submit findings made
pursuant to the assessments required by subsection (b)
of this section to the Secretary of Commerce and the
Director of the Office of Management and Budget.
(e) Within 150 days of the date of this order, the
Secretary of Commerce and the United States Trade
Representative shall assess the impacts of all United
States free trade agreements and the World Trade
Organization Agreement on Government Procurement on the
operation of Buy American Laws, including their impacts
on the implementation of domestic procurement
preferences.
(f) The Secretary of Commerce, in consultation with
the Secretary of State, the Director of the Office of
Management and Budget, and the United States Trade
Representative, shall submit to the President a report
on Buy American that includes findings from subsections
(b), (d), and (e) of this section. This report shall be
submitted within 220 days of the date of this order and
shall include specific recommendations to strengthen
implementation of Buy American Laws, including domestic
procurement preference policies and programs.
Subsequent reports on implementation of Buy American
Laws shall be submitted by each agency head annually to
the Secretary of Commerce and the Director of the
Office of Management and Budget, on November 15, 2018,
2019, and 2020, and in subsequent years as directed by
the Secretary of Commerce and the Director of the
Office of Management and Budget. The Secretary of
Commerce shall submit to the President an annual report
based on these submissions beginning January 15, 2019.
Sec. 4. Judicious Use of Waivers. (a) To the extent
permitted by law, public interest waivers from Buy
American Laws should be construed to ensure the maximum
utilization of goods, products, and materials produced
in the United States.
(b) To the extent permitted by law, determination
of public interest waivers shall be made by the head of
the agency with the authority over the Federal
financial assistance award or Federal procurement under
consideration.
(c) To the extent permitted by law, before granting
a public interest waiver, the relevant agency shall
take appropriate account of whether a significant
portion of the cost advantage of a foreign-sourced
product is the result of the use of dumped steel, iron,
or manufactured goods or the use of injuriously
subsidized steel, iron, or manufactured goods, and it
shall integrate any findings into its waiver
determination as appropriate.
Sec. 5. Ensuring the Integrity of the Immigration
System in Order to ``Hire American.'' (a) In order to
advance the policy outlined in section 2(b) of this
order, the Secretary of State, the Attorney General,
the Secretary of Labor, and the Secretary of Homeland
Security shall, as soon as practicable, and consistent
with applicable law, propose new rules and issue new
guidance, to supersede or revise previous rules and
guidance if appropriate, to protect the interests of
United States workers in the administration of our
immigration system, including through the prevention of
fraud or abuse.
[[Page 18839]]
(b) In order to promote the proper functioning of
the H-1B visa program, the Secretary of State, the
Attorney General, the Secretary of Labor, and the
Secretary of Homeland Security shall, as soon as
practicable, suggest reforms to help ensure that H-1B
visas are awarded to the most-skilled or highest-paid
petition beneficiaries.
Sec. 6. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof;
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals; or
(iii) existing rights or obligations under international agreements.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
April 18, 2017.
[FR Doc. 2017-08311
Filed 4-20-17; 11:15 am]
Billing code 3295-F7-P
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</html>Indexed from Federal Register on April 21, 2017.
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