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The Infrastructure Investment and Jobs Act, commonly referred to as the Bipartisan Infrastructure Bill, passed on November 15, 2021. Included in the $1.2 trillion spending package are expansions to various “Buy America” provisions, a set of statutes and regulations that apply to federal financial assistance used to support infrastructure-related projects. “Buy America” requirements differ from the requirements under the Buy American Act of 1933, which focuses on direct procurement by the federal government.

On February 2, 2022, Sheppard Mullin partner David Gallacher joined the French Insider to discuss an overview of the Buy America provisions in the proposed infrastructure bill. The discussion focused on considerations foreign companies should keep in mind before investing in or developing a project in the U.S. Also discussed were considerations ahead of M&A deals in the wake of the increased Buy America provisions and long term legislative trends under the Biden Administration.

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