Friday the White House released an executive summary of the policy reviews President Trump ordered in his America First Trade Policy (AFTP) memorandum, issued on January 20.  Although the full report to the President is nonpublic, according to the executive summary it contains twenty-four chapters, organized into three main pillars: (1) Addressing Unfair and Unbalanced Trade, (2) Economic and Trade Relations with the People’s Republic of China, and (3) Additional Economic Security measures, which includes reviews of export control programs, outbound investment, and other national security policies.

Several of these reviews directly affect the technology industry broadly.  Although the executive summary contains little specific policy detail on these key issues, it does provide an overview of the Administration’s findings and next steps:

  • China & Intellectual Property (Commerce).  Section 3(e) of the AFTP memo required the Commerce Department to “assess the status” of U.S. IP rights held by “PRC persons” and “make recommendations to ensure reciprocal and balanced treatment of intellectual property rights with the PRC. 

According to the executive summary, Chapter 16 of the AFTP report finds “The full extent of China’s abusive tactics and practices with respect to U.S. intellectual property is staggering” and goes on to “catalogue[] China’s abuses of this system and recommends appropriate responsive actions to address China’s massive imbalance on treatment of intellectual property.”

  • Connected Vehicles (Commerce).  Section 4(d) of the AFTP memo directed Commerce to “review and recommend appropriate action” respect to the Bureau of Industry and Security (BIS) rulemaking on connected vehicles (CVs), including whether to expand to additional products. 

Chapter 20 of the AFTP report, entitled “Review of the Office of Information and Communication Technology and Services,” does not specifically mention CVs, but notes that the ICTS office at Commerce was “underutilized” during the first Trump Administration, and states that the Department has “identified key areas to strengthen and improve in line with ITCS’s original intent, including expanding its scope and remit to encompass advanced technologies controlled by our adversaries.”

  • Outbound Investment (Treasury).  Section 4(e) of the AFTP memo directed Treasury to review whether to modify, rescind, or replace Biden outbound executive order and regulations.

The AFTP report executive summary explains that the America First Investment Policy, issued on February 25, reflects the Administration’s approach to investment, including ensuring the National Security Council and the Treasury Department “will evaluate options that allow American business to thrive while ensuring that they, too, put America First and do not undermine U.S. national security interests.”  The summary states that the Administration will evaluate whether outbound investment restrictions should be expanded to cover new technological developments and evolving strategies used by U.S. adversaries. 

Relatedly, on March 31, President Trump announced the U.S. Investment Accelerator, a new office at the Commerce Department that will “facilitate and accelerate investments above $1 billion” in the United States by helping U.S. and foreign businesses navigate and streamline the regulatory process.  The office will also manage the CHIPS Program going forward.

While not all of the recommendations made in the AFTP report are yet public, the executive summary suggests the Administration will take additional action in the near term to implement recommendations across all twenty-four policy areas, including the key tech issues described above.

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Photo of Holly Fechner Holly Fechner

Holly Fechner advises clients on complex public policy matters that combine legal and political opportunities and risks. She leads teams that represent companies, entities, and organizations in significant policy and regulatory matters before Congress and the Executive Branch.

She is a co-chair of…

Holly Fechner advises clients on complex public policy matters that combine legal and political opportunities and risks. She leads teams that represent companies, entities, and organizations in significant policy and regulatory matters before Congress and the Executive Branch.

She is a co-chair of the Covington’s Technology Industry Group and a member of the Covington Political Action Committee board of directors.

Holly works with clients to:

Develop compelling public policy strategies
Research law and draft legislation and policy
Draft testimony, comments, fact sheets, letters and other documents
Advocate before Congress and the Executive Branch
Form and manage coalitions
Develop communications strategies

She is the Executive Director of Invent Together and a visiting lecturer at the Harvard Kennedy School of Government. She serves on the board of directors of the American Constitution Society.

Holly served as Policy Director for Senator Edward M. Kennedy (D-MA) and Chief Labor and Pensions Counsel for the Senate Health, Education, Labor & Pensions Committee.

She received The American Lawyer, “Dealmaker of the Year” award in 2019. The Hill named her a “Top Lobbyist” from 2013 to the present, and she has been ranked by Chambers USA – America’s Leading Business Lawyers from 2012 to the present. One client noted to Chambers: “Holly is an exceptional attorney who excels in government relations and policy discussions. She has an incisive analytical skill set which gives her the capability of understanding extremely complex legal and institutional matters.” According to another client surveyed by Chambers, “Holly is incredibly intelligent, effective and responsive. She also leads the team in a way that brings out everyone’s best work.”

Photo of Matthew Shapanka Matthew Shapanka

Matthew Shapanka practices at the intersection of law, policy, and politics, developing strategies to guide businesses facing complex legislative, regulatory, and investigative matters. Matt draws on more than 15 years of experience across Capitol Hill, private practice, state government, and political campaigns to…

Matthew Shapanka practices at the intersection of law, policy, and politics, developing strategies to guide businesses facing complex legislative, regulatory, and investigative matters. Matt draws on more than 15 years of experience across Capitol Hill, private practice, state government, and political campaigns to advise clients on leading-edge policy issues involving artificial intelligence, semiconductors, connected and autonomous vehicles, and other critical and emerging technologies.

Matt works with clients to develop and execute complex public policy initiatives that involve legal, political, and reputational risks. He regularly assists clients to:

Develop public policy strategies
Draft federal and state legislation and regulations
Analyze legislation, regulations, and other government initiatives
Craft testimony, regulatory comments, fact sheets, letters and other advocacy materials
Prepare company executives and other witnesses to testify before Congress, state legislatures, and regulatory bodies
Represent clients before Congress, the White House, federal agencies, state legislatures, and state regulatory agencies
Build and manage policy advocacy coalitions

He advises clients across multiple policy areas, including matters involving regulation of critical and emerging technologies like artificial intelligence, connected and autonomous vehicles, and semiconductors; national security; intellectual property; antitrust; financial services technologies (“fintech”); food and beverage regulation; COVID-19 pandemic response and recovery; and election administration and campaign finance.

Matt rejoined Covington after serving as Chief Counsel for the U.S. Senate Committee on Rules and Administration, where he advised Chairwoman Amy Klobuchar (D-MN) on all legal, policy, and oversight matters before the Committee. Most significantly, Matt staffed the Committee in passing the Electoral Count Reform Act – a landmark bipartisan law that updates the procedures for certifying and counting votes in presidential elections—and the Committee’s bipartisan joint investigation (with the Homeland Security Committee) into the security planning and response to the January 6, 2021 attack on the Capitol.

Both in Congress and at Covington, Matt has prepared dozens of corporate and nonprofit executives, academics, government officials, and presidential nominees for testimony at congressional committee hearings and depositions. He is a skilled legislative drafter who has composed dozens of bills and amendments introduced in Congress and state legislatures, including several that have been enacted into law across multiple policy areas. Matt also leads the firm’s state policy practice, advising clients on complex multistate legislative and regulatory matters and managing state-level advocacy efforts.

In addition to his policy work, as a member of Covington’s nationally recognized (Chambers Band 1) Election and Political Law Practice Group, Matt advises and represents clients on the full range of political law compliance and enforcement matters, including:

Federal election, campaign finance, lobbying, and government ethics laws
The Securities and Exchange Commission’s “Pay-to-Play” rule
Election and political laws of states and municipalities across the country

Before law school, Matt served in the administration of former Governor Deval Patrick (D-MA), where he worked on policy, communications, and compliance matters for federal economic recovery funding awarded to the state. He has also staffed federal, state, and local political candidates in Massachusetts and New Hampshire.