BUY AMERICAN AND HIRE AMERICAN: PRESIDENT TRUMP’S OPTIONS FOR STRENGTHENING THE BUY AMERICAN ACT

"11 The "Wilson bill" passed the House overwhelmingly on January 16, 1933, with 150 in favor and 18 opposed12 and was subsequently referred to the Senate Commerce Committee on January 17, 1933.13 Senator Johnson reported the bill, with amendments, on January 19, 1933.14 Notably, one amendment required the government to purchase manufactured goods made "substantially all" from U.S. components, instead of "wholly" from U.S. components as in the original Wilson bill.15 Senator Johnson urgently sought to pass the amended Wilson bill because of the Hoover Dam Project.16 Bids for supplying the Hoover Dam's heavy machinery were scheduled to open on February 3, 1933, and some foreign firms, including a German one, planned to bid on the project.17 U.S. firms had forcefully complained to Senator Johnson that it would be "unwise" and "ungenerous" for the U.S. government to spend taxpayer dollars on foreign machinery while U.S. manufacturers struggled to keep American workers employed.18 According to Senator Johnson, U.S. firms would not object to awarding the contract to a foreign manufacturer if the difference between the bids was great-but if the difference were as small as five percent, it would be "outrageous" if the government gave business to a foreign manufacturer instead of a domestic one.19 Because of the imminent bid opening date, Senator Johnson moved to suspend the rules and add the amended Wilson bill's language to the Treasury and Post Office Appropriations Bill for fiscal year 1934.20 He explained that his motion was to avoid legislative delay in the Senate that would make it impossible to pass the bill on time.21 The ensuing debate on the Buy American Act was a familiar one that repeats itself in policy debates today.22 The Act's supporters argued that whenever practicable, U.S. taxpayer dollars should be used to buy domestic products when procuring for the U.S. government.23 Supporters claimed the Act could achieve multiple procurement goals as the government procured reasonably low-priced products while protecting U.S. industries and workers.24 Because the amended language required the government to purchase goods made "substantially all" from U.S. materials (instead of "wholly"), the Act also protected U.S. firms whose products contained a small degree of foreign material.25 Senator Johnson argued, "[t]his bill, therefore, is just, the bill is fair, the bill seeks to take care of our own. "38 Thus, the Act establishes a domestic preference rather t