Donald Trump's Executive Order: Buy American, Hire American

www.whitehouse.gov...

Trump said the order would "aggressively promote and use American-made goods and to ensure that American labor is hired to do the job."

Personally, I think this order is a step in the right direction. With all the outsourcing since 2000 and the American middle class getting the snub, jobs dwindling and all that, this order will help ensure that greedy corporations aren't selling the USA short with hiring third world labor camps to make their products. I say, if they are going to go hire some other foreign workers they should take their company with them and be kicked out of the USA. I remember Trump talking about imposing steep taxes on such companies to discourage outsourcing. I say, make it as steep as it can get! My next post is the whole executive order as worded on the original document.

a reply to: Profundity

The White House
Office of the Press Secretary
For Immediate Release
April 18, 2017
Presidential Executive Order on Buy American and Hire American

EXECUTIVE ORDER

- - - - - - -

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

(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.

(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.

DONALD J. TRUMP

THE WHITE HOUSE,
April 18, 2017.

a reply to: Profundity

Certainly, those billions of dollars of orders from the Saudis will be creating jobs and wealth in this country.

Sad that it will be for military material however. While the Saudis are not out to overtake the world, it is not a bright mark for the daily endeavors of humanity.

a reply to: Profundity

Even though it's a good idea in theory, this has been discussed quite a bit already and for the most part it's not going to really change anything.

The problem is that there are already so many other policies and contracts in place and other free trade agreements and visas for outside workers, etc. that are happening for this to have any effect.

An EO just won't be enough as the scope of it all is too complex and will require real legislation to be drawn up and put into effect to change anything.

This was actually one of the few things I liked that Trump was trying to do. Unfortunately as it turns out it just isn't enough to make much of a difference.

a reply to: Profundity

I say, if they are going to go hire some other foreign workers they should take their company with them and be kicked out of the USA. I remember Trump talking about imposing steep taxes on such companies to discourage outsourcing.

By definition, if these companies are outsourcing, they are taking their companies out of the US and hiring foreign labor.

Imposing steep taxes means we are just going to pay higher prices in the US to cover the import taxes. The companies are not going to eat the cost.

A better idea would be to work-out a better immigration/border policy, allow workers to come here easier and work out a deal with Mexico that will put us both on the top of the totem pole.

a reply to: Profundity

This is a big part of making America 'great again'.

It will take a great deal of time, work and commitment to repair the damage done by the Globalist a-holes...Obama and Bush.

You do realize this doesn't have the force of law - it's a suggestion, good PR nothing more. It may be somewhat binding (waivers - perhaps the Kurchners will sell waivers) on Federal procurement. I don't know enough about this 'executive' area, my limited understanding is that EOs can only effect 'enforcement' of existing laws and regulations.

From a manufacturing angle, this IS a step in the right direction.

Leave it there, on the manufacturers. If it goes so far as to pressure Americans to buy only American-made, there's going to be blow-back & the whole damn thing will backfire & blow up in everyone's face. The first time the government tells me what country to buy a product from is the day I stop buying American-made. Consumers are kings in this context. Alienate/piss them off, and you're done.

a reply to: mOjOm

Even though it's a good idea in theory, this has been discussed quite a bit already and for the most part it's not going to really change anything.

The problem is that there are already so many other policies and contracts in place and other free trade agreements and visas for outside workers, etc. that are happening for this to have any effect.

An EO just won't be enough as the scope of it all is too complex and will require real legislation to be drawn up and put into effect to change anything.

This was actually one of the few things I liked that Trump was trying to do. Unfortunately as it turns out it just isn't enough to make much of a difference.

Unsettling that you scoff so readily at this priority of Trump's. I went and searched the internet to find out if you were right about what an executive order actually is. I found this Washington Post article entitled, "What is an executive order?"

www.washingtonpost.com...

What is an executive order?

Basically, an executive order is an official statement from the president about how the federal agencies he oversees are to use their resources.

It falls under the broader umbrella of “executive actions,” which derive their power from Article II of the Constitution, and it is the most formal executive action. Executive actions also include presidential memorandums (which are a step below executive orders and basically outline the administration's position on a policy issue), proclamations and directives.

An executive order is not the president creating new law or appropriating new money from the U.S. Treasury — both things that are the domain of Congress; it is the president instructing the government how it is to work within the parameters that are already set by Congress and the Constitution.

So it appears that you are right about an executive order not being immediate instruction but a generalized instruction to the President's staff about what their top priorities are. While this doesn't guarantee full immediate undivided attention towards whatever the order is, at least it let's everyone know what he's up to. I am not discouraged by your scoffing.

a reply to: Metallicus

This is a big part of making America 'great again'.

It will take a great deal of time, work and commitment to repair the damage done by the Globalist

I agree and stay optimistic about Trump's promise to repair the economy and put Americans on top once again.

originally posted by: FyreByrd
You do realize this doesn't have the force of law - it's a suggestion, good PR nothing more. It may be somewhat binding (waivers - perhaps the Kurchners will sell waivers) on Federal procurement. I don't know enough about this 'executive' area, my limited understanding is that EOs can only effect 'enforcement' of existing laws and regulations.

So do you object to buying American or just that Trump is trying to keep his campaign promises? I can't see how someone could find fault with this EO.

Now slap that 35% export tax on every job moved or performed outside the US...

Yeah.... upwards for a change.

Crap now the libzies are gonna need to get to work, I can see they are already starting to panic.
lol..right on cue like Minnesota Fats

a reply to: Profundity

First of all, I'm not scoffing at it. I said I thought it was a good idea myself. I liked the intent behind it and hoped it would made some good changes happen.

However, the problem with it is that it just doesn't have the power behind it to implement the changes needed to make a difference. The area of employment and commerce is just too complex for a simple EO to have any effect. It requires some major legislation with specific areas that it addresses for any meaningful changes to happen.

Like someone else said in this thread, this is really more bling than anything. It's not going to make any meaningful changes happen. But it looks good on your resume and it's good for PR, but that's about it.

originally posted by: Metallicus

originally posted by: FyreByrd
You do realize this doesn't have the force of law - it's a suggestion, good PR nothing more. It may be somewhat binding (waivers - perhaps the Kurchners will sell waivers) on Federal procurement. I don't know enough about this 'executive' area, my limited understanding is that EOs can only effect 'enforcement' of existing laws and regulations.

So do you object to buying American or just that Trump is trying to keep his campaign promises? I can't see how someone could find fault with this EO.

I do not object to buying American, but it's hard to buy American when very little is actually made in America.

We are no longer a nation that makes goods. We are a service nation that sells fake goods, like insurance, and flips cheeseburgers.

We will not grow as a nation until we stop selling BS like insurance (time for a universal healthcare system), take control of our food supply (working with Mexico for a better worker/trade program) and stop making deals with foreign nations in which we export the one commodity we should not be exporting...arms.

What deals is Trump making?

Arms deals with foreign nations.

a reply to: mOjOm

Like someone else said in this thread, this is really more bling than anything. It's not going to make any meaningful changes happen. But it looks good on your resume and it's good for PR, but that's about it.

Yes, an executive order is a generalized instruction to the executive staff as to what they should be focused on within their daily work. If you read the actual document, I posted it below the thread top, you will see those specific instructions outlined within along with full explanations to the terminology used on the document. With that much detail and depth it is difficult to believe that Trump isn't going to take this one all the way.

a reply to: Metallicus

Trump is an anti-globalist in what way?

* Owns property in many different nations.

* Has goods manufactured overseas for sale in the domestic market

* Has an extremely high incidence of employing H1-B visa holders at his domestic properties, in particular one he's taken to referring as the "Southern White House" which frankly is disgraceful considering it's a goddamn country club but I digress.

* Has used foreign steel in building a number of buildings in recent years.

* Parters with non-US investors in domestic real estate deals.

* Has used undocumented workers for building demolition.

* Holds pageants overseas, such as the Miss Universe pageant in Moscow.

* One of his principle foreign policy advisors is Henry-effing-Kissinger.

I'm just not seeing much about Donald Trump that is anti-globalist. He's said some s#, and in what is more than likely a purely political move (considering his economic advisors like Stephen Moore supported TPP), he backed out of TPP but then again, Clinton was going to do the same thing for the same reason.

The TPP will of course have to be replaced with *something* which won't happen in the span of a term, particularly when there's apparently nothing in the works. Meanwhile, China will be moving into that vacuum and negotiating its own deal to assert its economic dominance over the region.

As of the recent GOP congressional leadership presser on economic agenda (a real circle jerk, did the Dems do that too? I honestly don't remember), the GOP agenda is unsurprisingly — supply-side economics (aka trickle-down economics aka Reaganomics) — exactly what the GOP establishment has been pushing since it was introduced to them by Arthur Laffer in the late 70's.

But hey, at least he's not one of those rich celebrity elites...

a reply to: Profundity

Yeah, I've read it. The problem isn't with the intent behind it, but the force behind it and the specific changes which it is addressing, which are too generalized.

There are already trade agreements and policies in place with legislation one the books that this EO can't overrule. At best this EO will just get area's of the Government to examine those other deals we already have and come up with ideas to change them. But that's it. It doesn't have the power to change anything on it's own.

To change those previous deals you have to introduce new legislation to either change or repeal them or whatever it is they come up with. Now, will that happen??? Who knows. But this EO on it's own isn't going to do it because it can't override that other legislation in place. We've already made deals and agreements on trade that we are following that we can't just back out of or decide we aren't going to them anymore with just an EO.

pretty worthless EO,

1) The U.S. hardly makes anything anymore so if the department of justice needs 100 widgets and no American companies make widgets the department of justice will just continue buying widgets from the non American company that they have been buying them from for the past 3 decades.

2) when a government department or branch needs to buy something they already know what brand they want to buy, and who they want to buy it from,so they just write the purchase order specs to describe exactly the specs of the particular brand of the item they intend on buying.

if they intend on buying a Toyota pickup truck the purchase order specs will exactly describe a Toyota pickup right down to the engine size and entertainment center options that come with Toyota pickups.

a reply to: mOjOm

It doesn't have the power to change anything on it's own.

To change those previous deals you have to introduce new legislation to either change or repeal them or whatever it is they come up with.

While this executive order doesn't cancel and change previous deals, it creates a policy of hiring Americans and buying American made products at this point onwards. With that there would be a slow change as old contracts end and the need to hire new people arises.

I wonder how Trump measures up with his executive orders against the other presidents.