Federal and State Governments are increasing enforcement of “Buy American Hire American” laws, in light of Executive Order 13788 issued in April 2017. Essentially every contractor and subcontractor on a federally funded project supplying construction materials must certify that the materials used are in compliance with the Buy American Act (BAA) requiring use if domestic materials including steel. There are a number of laws which apply.
Three Buy American Act laws are found at 41 U.S.C. Sections 8301-8305; 49 U.S.C 5323(j) and 23 U.S.C. Section 313. The 1933 Buy American Act (BAA) requires the government to five preferences to U.S. made products in federal procurements whenever practicable. The 1979 Trade Agreements Act (TAA). Which generally supersedes the BAA allows items made in certain designated countries with which the U.S. has trade agreements to be substituted for American products. These are deemed favorable countries. There is also the Berry Amendment which requires the U.S. Department of Defense and Department of Homeland Security to give preference to domestic food, textile and specialty metal sources.