Buy American and Hire American

[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 [www.gpo.gov]

[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

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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.

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.

erican

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:

es 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.

red 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

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.

ation 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]]

t

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.

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.

(Presidential Sig.)

THE WHITE HOUSE,

April 18, 2017.

[FR Doc. 2017-08311

Filed 4-20-17; 11:15 am]

Billing code 3295-F7-P