Abstract

Among its many initiatives in the area of trade policy, the Trump administration has suggested that maximal use be made of existing “Buy America” authority under U.S. law. The economic literature refers to such measures as “domestic content requirements.” This essay lays out the legal basis for domestic content requirements under Federal and state law. It considers their applicability to both the private and the public sectors, analyzes their economic consequences, and assesses their legality under international trade law.

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