Proposed American Jobs Act of 2011 Text Carries Forward Buy American Provision from the 2009 Recovery Act


The national discussion regarding President Obama’s proposed American Jobs Act of 2011 (“Jobs Bill”) has only just begun. A key provision in the initial draft circulated by the White House is a Buy American rule which is identical to language in the American Recovery and Reinvestment Act of 2009 (“2009 Recovery Act”).

In part, the Buy American provision states that:

[n]one of the funds appropriated or otherwise made available by [the Jobs Bill] may be used for a project for the construction, alteration, maintenance or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States.

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