News & Analysis as of

Buy America

Buy American Executive Order Means Renewed Obligations for Government Contractors

by Bass, Berry & Sims PLC on

On April 18, President Trump signed the “Presidential Executive Order on Buy American and Hire American” (the Order), which declares the Executive branch’s policy to buy American goods and rigorously enforce and administer...more

Buy American and Hire American – New Executive Order Promises to Put American Workers First, But Practical Impacts Remain Unclear

On April 18, President Trump signed a new executive order (EO) at a ceremony in Kenosha, Wisconsin. The EO is entitled “Buy American and Hire American” and focuses on these two themes, with the President’s stated goal of...more

Latest Trump Executive Order and H-1B Visas

by Moore & Van Allen PLLC on

On April 18, 2017, President Trump signed an executive order titled "Buy American Hire American", laying out provisions and policies to review the H-1B visa program as well as a review of federal procurement and grant...more

3 Things Contractors Should Do Now to Ensure “Buy American” Compliance in the Wake of Trump’s Executive Order

by Carlton Fields on

"Buy American, Hire American" is no longer just a campaign slogan. It is the subject of an Executive Order signed by President Trump on April 19. The order details the Trump administration’s policy of ensuring compliance with...more

USCIS Reveals H-1B Cap Submission Numbers & President Trump Signs a New Executive Order

by Mintz Levin on

As a follow-up to the April 7, 2017 announcement that the H-1B cap had been reached, on Monday, April 17, USCIS revealed that it has now completed the random selection of the 85,000 petitions for the quota and that in total,...more

Administration Issues Executive Order Providing Framework for its Domestic Buying and Hiring Preferences for Federal Procurement...

by Holland & Knight LLP on

"My Administration will follow two simple rules: Buy American, and hire American.” - President Donald J. Trump. - Fulfilling a prominent campaign promise, today President Trump signed an Executive Order (EO) detailing...more

New Executive Order Addresses H-IB Visas

by Littler on

On April 18, 2017, President Trump signed the "Buy American and Hire American" executive order (EO), which addresses H-IB visas. The EO calls for the application of existing U.S. laws to visa recipients and the revaluation...more

Buy American and Hire American and the H-1B Lottery

by Franczek Radelet P.C. on

On April 18, President Trump signed an Executive Order labeled the “Buy American and Hire American” initiative. Federal agencies are already subject to certain laws and regulations which require or give preference to American...more

History Doesn't Bode Well For New Commercial Cargo Preference Bill

by Holland & Knight LLP on

Rep. John Garamendi (D-Calif.), joined by Reps. John Duncan (R-Tenn.) and Duncan Hunter (R-Calif.), recently introduced H.R. 1240, the Energizing American Maritime Act, described as a bill "to require a certain percentage of...more

First Steps: A Look at Trump Administration Executive Actions Regarding Energy Projects

by Hogan Lovells on

On January 24, the Trump Administration issued one Executive Order and Three Presidential Memoranda that affect energy projects in the United States, including in particular two pipeline projects blocked by the Obama...more

The Trump Infrastructure Plan: Still Many Questions, But Perhaps Some Insights

by Best Best & Krieger LLP on

Moments after President Donald Trump was sworn into office, he reiterated in his Inaugural address the promise that “[w]e will build new roads, and highways, and bridges, and airports, and tunnels, and railways all across our...more

FTA Publishes Buy America Handbook Addressing Rolling Stock

by Nossaman LLP on

Federal Transit Administration (“FTA”) grant recipients and the firms that work on the projects have a twenty years in the making, updated resource to assist them in one of the more complex areas of FTA projects. The FTA last...more

2016 Water Legislation Reaches New Areas & Sets the Stage for President-Elect Trump

In enacting the “Water Infrastructure Improvements for the Nation Act,” Congress expanded the traditional role of Water Resource Development Acts. Where past legislation focused solely on water and navigation projects to be...more

Trade Agreements Act Updates for 2016 – New Year, Lower Thresholds

Every two years, the U.S. Trade Representative updates the dollar values at which certain international trade agreements apply to certain types of U.S. government contracts. This means that certain contracts over the dollar...more

FTA and FHWA Buy America Updates

by Nossaman LLP on

Public agencies are routinely facing Buy America requirements in their infrastructure projects. Some of the most difficult situations involve how to satisfy Buy America obligations with public utility relocations. The rules...more

Recent Buy America Developments

by Nossaman LLP on

At the end of 2015, two modal administrations of the United States Department of Transportation (US DOT) have encountered changes to their Buy America programs. Both the Federal Transit Administration (FTA) and the Federal...more

Federal Transportation Update: Highway Extensions, Buy America Waivers and Rulemakings

by Best Best & Krieger LLP on

Two Week Highway Trust Fund Extension While Conference Takes Place - Congress agreed to extend the Highway Trust Fund by two weeks until Dec. 4 so that House and Senate conferees could meet to craft a final version of...more

Canada Invokes Extraterritorial Measures Law Against US Buy America

by Bennett Jones LLP on

The Government of Canada today invoked a rarely used law to prohibit compliance with the U.S. Buy America legislation in relation to a proposed ferry terminal to be built by the State of Alaska in Prince Rupert, B.C. In order...more

FRA Reminds Potential Applicants that Buy America Applies to RRIF

by Nossaman LLP on

On May 14, the Federal Railroad Administration (“FRA”) posted a reminder that Buy America, a domestic preference law, applies to the Railroad Rehabilitation and Improvement Financing (“RRIF”) program. FRA posted the reminder...more

USDOT Issues Temporary Exemption from Buy America for Certain Utility Relocations

by Nossaman LLP on

Following up on our previous post regarding the uncertainty surrounding the application of Buy America requirements to utility relocations, the United States Department of Transportation (USDOT) has recently released two...more

2013 Maryland General Assembly Passes Bills Affecting Construction Industry

by Baker Donelson on

A number of bills were passed during the Maryland General Assembly's 2013 legislative session that will impact certain sectors of the construction industry. Ober|Kaler has put together brief summaries of certain bills from...more

REGULATORY: International Trade: Senate includes Buy American requirement in Water Resources Development Act of 2013

by King & Spalding on

The United States Senate passed the Water Resources Development Act of 2013 by an overwhelming 83-14 margin on May 15, 2013. The legislation included an amendment sponsored by Senators Jeff Merkley (D-OR) and Sherrod Brown...more

FHWA Clarifies Broad Reach of Buy America Requirements

by Nossaman LLP on

The Federal Highway Administration (FHWA) released two guidance memoranda in December 2012 relating to Buy America, largely in light of the amendments made by MAP-21. On December 20, FHWA clarified the Buy America...more

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