Industrial Policy & Trade Monitor· 2663 actions· ✨ 89 recent

The Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), enacted as Division H of P.L. 118-50 (21st Century Peace through Strength Act), prohibits app stores and internet hosting services from distributing, maintaining, or updating "foreign adversary controlled applications" — defined explicitly to include ByteDance Ltd and its subsidiaries (TikTok). ByteDance was given 270 days from enactment (until January 19, 2025) to execute a "qualified divestiture" — selling TikTok to an owner with no operational relationship with a foreign adversary — or face a nationwide distribution ban. The Supreme Court unanimously upheld the law's constitutionality in TikTok, Inc. v. Garland (January 17, 2025), rejecting First Amendment challenges and affirming the national-security rationale grounded in data-collection concerns.

On 25 October 2023 the Bureau of Industry and Security published an interim final rule (88 FR 73424; FR Doc 2023-23055) making substantive revisions to the October 7 2022 advanced-computing IFR, incorporating 43 public comments covering 78 topics. The rule replaced the prior TOPS-based performance metric with a new "Total Processing Performance" (TPP) / performance-density dual-threshold structure for ECCN 3A090, splitting the control into tiers 3A090.a (full licence requirement for highest-capability datacenter AI chips) and 3A090.b (new License Exception NAC with 25-day prior notification for the intermediate tier). Geographic scope was expanded from China-and-Macau to Country Groups D:1/D:4/D:5 to block diversion via third-country intermediaries and offshore datacenters.

The Inflation Reduction Act (Public Law 117-169), signed by President Biden on 16 August 2022, contains the largest single package of clean-energy and clean-manufacturing subsidies in US history — Congressional Budget Office scored the energy and climate provisions at $369B over 10 years, with subsequent Treasury / academic estimates reaching $800B-$1.2T as uptake exceeded baseline. Core mechanisms include the Section 30D Clean Vehicle credit ($7,500 per qualifying EV), the Section 45X Advanced Manufacturing Production Credit (per-unit credits for domestically-produced battery cells, modules, electrodes, and critical-mineral processing), the Section 48E Clean Electricity Investment Credit, and the Section 45V Clean Hydrogen Production Credit. Critically, the law contains Foreign Entity of Concern (FEOC) provisions barring credit eligibility for vehicles or components linked to entities controlled by China, Russia, Iran, or North Korea.

On 1 February 2021, the U.S. Department of Defense announced a USD 30.4 million Defense Production Act Title III technology investment agreement with Lynas USA LLC, the U.S. subsidiary of Australia's Lynas Rare Earths Ltd, to establish domestic light rare earth element (LREE) separation capacity in Hondo, Texas. DOD framed the award as reducing reliance on China for rare earth oxides used in defense and commercial applications; the department projected that, if the Texas facility and Lynas's Malaysian operations are completed as planned, Lynas would supply roughly 25% of world rare earth oxide demand outside China.

On 20 January 2021, DOE's Office of Fossil Energy (now FECM), managed through the National Energy Technology Laboratory, announced Funding Opportunity Announcement DE-FOA-0002404, making USD 28.35 million available for cost-shared R&D projects developing advanced midstream processing technologies for rare earth elements and critical minerals from coal and coal by-products, for industrial and manufacturing applications. Applications were due 1 March 2021, with up to eight Phase 1 awards anticipated; no specific recipients were named at announcement.

The Defense Production Act of 1950 (Pub. L. 81-774, 64 Stat. 798, codified at 50 U.S.C. §§4501–4568) is the foundational US statute governing wartime and emergency industrial mobilization. Signed by President Truman on 8 September 1950 during the Korean War, the Act empowers the President to compel industrial priority-rated ordering (Title I / DPAS), authorize direct investment in domestic production capacity for critical industries (Title III), and conduct investment security review (Title VII, precursor to CFIUS). Reauthorized approximately 50 times, most recently extended through September 2025 by Pub. L. 115-263 (2018) and further extended under NDAA FY2026; it has been invoked by every Administration since 1950 and has accelerated dramatically since 2020 to target critical-minerals processing, semiconductor manufacturing, battery supply chains, biopharmaceuticals, and energy infrastructure.