ExecutiveOrdersEO
EO 13788Executive OrderTrump 45 · R

Executive Order 13788

Buy American and Hire American

This executive order establishes a dual policy to maximize domestic procurement preferences under existing Buy American laws and to rigorously enforce immigration laws governing foreign workers, particularly the H-1B visa program. It mandates multiple agency assessments and reports on procurement practices and trade agreement impacts, while directing immigration agencies to propose new rules protecting U.S. workers and reforming H-1B visa allocation toward higher-skilled or higher-paid beneficiaries.

Federal Register Open PDF 82 FR 18837

Impact dates

  1. Commerce submits first annual report to President based on agency submissions

  2. Annual agency reports due to Commerce and OMB

  3. Commerce submits comprehensive Buy American report to President with recommendations

  4. Agency heads complete assessments of Buy American compliance, waiver use, and proposed policies

  5. Agency heads submit assessment findings to Commerce and OMB

  6. Commerce and USTR assess trade agreement impacts on Buy American Laws

  7. Commerce and OMB issue guidance to agencies on assessments and policy development

Key directives

  • Maximize use of U.S.-produced goods in federal procurement and financial assistance awards
  • Minimize waivers from Buy American Laws
  • Assess waiver use by type and impact on domestic jobs and manufacturing
  • Propose policies to maximize domestic materials in federal awards
  • Issue guidance on assessments and policy development
  • Assess trade agreement impacts on Buy American Laws
  • Submit comprehensive report with recommendations to President
  • Propose new immigration rules to protect U.S. workers
  • Suggest H-1B reforms prioritizing most-skilled or highest-paid beneficiaries
  • Annual reporting on Buy American implementation

Who is ordered

Timeline

Immediate

  • Agencies must begin scrupulous monitoring and enforcement of Buy American Laws
  • Immigration agencies directed to propose new rules and guidance 'as soon as practicable' to protect U.S. workers and reform H-1B allocation

Near term (90d)

  • Commerce and OMB must issue guidance to agencies on assessments and policy development (60 days)
  • Agency heads must complete assessments of Buy American compliance and waiver use (150 days—extends slightly beyond 90 days)
  • Commerce and USTR must assess trade agreement impacts on Buy American Laws (150 days)

Long term

  • Secretary of Commerce submits comprehensive Buy American report to President with recommendations (220 days)
  • Annual agency reports due November 15, 2018, 2019, 2020 and subsequent years
  • Commerce submits annual reports to President beginning January 15, 2019

Risks & tensions

  • EO does not create new legal authority—implementation constrained by 'consistent with applicable law' and 'to the extent permitted by law' language throughout
  • Trade agreement obligations (WTO GPA, free trade agreements) may limit procurement preference expansion; Sec. 6(a)(iii) preserves existing international obligations
  • H-1B reforms require rulemaking process with potential legal challenges; 'as soon as practicable' lacks binding timeline
  • Waiver provisions in Sec. 4 maintain flexibility that could undermine maximalist domestic preference goals
  • Annual reporting requirement sunsets without explicit end date but specifies only 2018-2020 dates plus 'subsequent years as directed'
Executive Order 13788: Buy American and Hire American · Executive Orders