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DOE OSTI · 3380151

American Made Infrastructure: Evolution of Federal Incentives and Requirements

Culler, Megan Jordan [Idaho National Laboratory] (ORCID:0000000331297823)
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Abstract

Foreign Entity of Concern (FEOC) restrictions in the One Big Beautiful Bill Act (OBBB) represent the latest evolution of a multi-year legislative trajectory responding to national security concerns about foreign control – and particularly FEOC control – of energy infrastructure. Beginning with Executive Order 14017 (February 2021), which initiated comprehensive federal review of critical supply chain vulnerabilities in semiconductors, battery energy storage systems, and critical minerals, policymakers have progressively expanded restrictions on foreign participation. The National Defense Authorization Act (NDAA) 2019 established precedent for component-level prohibitions on foreign information and communications technology procurement, while NDAA 2024 extended these restrictions to six major People’s Republic of China (PRC) battery manufacturers. Complementary measures such as the Build America, Buy America (BABA) Act and the Infrastructure Investment and Jobs Act (IIJA) introduced domestic content thresholds and FEOC eligibility criteria for federal funding programs. The Inflation Reduction Act (IRA) 2022 further operationalized FEOC restrictions through electric vehicle tax credit requirements, creating a scalable framework for excluding foreign-controlled components. Recent executive actions and state-level policies have reinforced this trajectory, reflecting sustained alignment across federal and state governments. Collectively, these developments demonstrate a bipartisan policy approach that pairs incentives for advanced energy deployment with safeguards designed to prevent subsidizing adversaries or entities that present foreign-sourcing risk.

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99 - GENERAL AND MISCELLANEOUSBuild America Buy AmericaFEOCforeign entity of concernForeign-Influenced EntitiesNational Defense Authorization ActOBBBone big beautiful billone big beautiful bill actProhibited Foreign EntitiesSpecified Foreign Entities

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Culler, Megan Jordan [Idaho National Laboratory] (ORCID:0000000331297823). 2026-04-09. American Made Infrastructure: Evolution of Federal Incentives and Requirements. https://www.osti.gov/biblio/3380151

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