Buy American and Hire American

April 18, 2017

Executive Order 13788 directed agencies to strengthen enforcement of Buy American laws in federal procurement and to propose reforms to the H-1B visa program to protect American workers. The order operated within established executive authority over both federal procurement and immigration enforcement. Buy American requirements have existed since the Buy American Act of 1933, and the President has recognized authority to set procurement preferences. The H-1B provisions directed agencies to enforce existing statutory requirements more rigorously rather than creating new categories. The constitutional footprint was relatively modest since the order worked within existing statutory frameworks and delegated authorities. Some concerns were raised about arbitrary changes to administrative processes affecting businesses that relied on existing rules, touching on due process considerations.