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30 October 2025

Akin Intelligence Newsletter - August/September 2025

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Akin Gump Strauss Hauer & Feld LLP

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On October 21, 2025, the Commerce Department's International Trade Administration (ITA) announced the launch of the American AI Exports Program following President Trump's July 23 executive order (EO) on Promoting the Export of the American AI Technology Stack ( EO 14320) via a request for information (RFI).
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Breaking News: Latest Developments

The Department of Commerce Launches the American AI Exports Program

On October 21, 2025, the Commerce Department's International Trade Administration (ITA) announced the launch of the American AI Exports Program following President Trump's July 23 executive order (EO) on Promoting the Export of the American AI Technology Stack (EO 14320) via a request for information (RFI) and related press release. The AI Exports Program will solicit proposals from industry-led consortia to develop "full-stack" AI export packages encompassing hardware, software, models and applications across sectors for promotion abroad.

The RFI specifically seeks feedback on the request for proposals that the Department will ultimately issue pursuant to EO 14320, posing a series of 28 questions across nine broad topic areas, including "any other aspects of the program that should be considered to ensure its success." According to the ITA, proposals selected by the Secretary of Commerce, in consultation with the Secretaries of State, Defense, Energy and the Director of the Office of Science and Technology Policy (OSTP), will be designated as priority export packages and supported through federal financing and other tools coordinated by the Economic Diplomacy Action Group (EDAG). To facilitate exports, Commerce will launch AIexports.gov, deploy a global AI export team and collaborate with State Department foreign service officers/ambassadors to connect U.S. companies with trusted foreign buyers. The Administration has not provided details about the nature of these benefits, which are intended to be shaped by the RFI responses. Comments are due within 30 days of publication in the Federal Register; however, the timing for publication is unclear given the government shutdown.

Federal Action

D.C. Circuit Reinstates FTC Commissioner Slaughter, Blocking Trump Removal Attempt

On September 3, 2025, a D.C. Circuit Court of Appeals panel reinstated FTC Commissioner Rebecca Kelly Slaughter, despite President Trump's March attempt to remove her. The panel split 2-1, restoring a lower-court order that held Slaughter was entitled to continue serving because federal law allows commissioners to be removed only for "inefficiency, neglect of duty, or malfeasance in office." In a post on X, Slaughter stated, "I'm eager to get back first thing tomorrow to the work I was entrusted to do on behalf of the American people."

The Trump administration subsequently asked the Supreme Court for an immediate administrative stay of the judgment. In a 30-page filing, U.S. Solicitor General D. John Sauer wrote that the case is "indistinguishable" from previous disputes in which the court blocked similar efforts to force reinstatement of senior officials. Sauer also requested that the application be treated as a petition for certiorari before judgment.

White House Hosts AI Education Task Force Meeting

On September 4, 2025, the White House Task Force on AI Education convened for the second time with the First Lady, cabinet secretaries and industry leaders. During the event, IBM pledged to "create 2 million American workers in cutting edge AI skills over the next three years," while Google announced that $150 million of their recently pledged $1 billion to support U.S. education and job training programs will go towards AI education and digital well-being. The same day, Hitachi Energy announced a $1 billion investment in power grid infrastructure to boost AI data center expansion. Later in the Rose Garden, President Trump hosted tech CEOs and others in a private meeting.

FTC Investigates Chatbots' Impact on Children

On September 11, 2025, the Federal Trade Commission (FTC) issued orders using its 6(b) authority to seven companies providing consumer-facing AI-powered chatbots, seeking information on their impact on children and what actions companies are taking to mitigate potential negative impacts, limit or restrict children's or teens' use of the platforms or comply with the Children's Online Privacy Protection Act (COPPA) Rule.

EPA Leads AI Roundtable at White House

On September 15, 2025, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin hosted a White House roundtable with AI and data center leaders to discuss advancing U.S. AI leadership and streamlining data center construction. Administrator Zeldin highlighted the Trump Administration's AI action plan, emphasizing deregulation, expedited permitting and integration of AI nationwide. Industry leaders, including QTS Data Centers and Hitachi, praised the administration's efforts, with Hitachi announcing a $1 billion investment to expand its U.S. manufacturing footprint for electrical grid infrastructure. The roundtable included attendance from Senate Environment and Public Works (EPW) Committee Chair Shelley Moore Capito (R-WV), Rep. Gary Palmer (R-AL) and White House Office of Science and Technology Policy (OSTP) Director Michael Kratsios, among others.

NIST Seeks AI Advisory Committee Members

The National Institute of Standards and Technology (NIST) is seeking nominations for members to serve on the National Artificial Intelligence Advisory Committee (NAIAC) and the NAIAC's Subcommittee on Artificial Intelligence and Law Enforcement (NAIAC-LE). NIST notes that NAIAC members "may also be asked to provide recommendations related to topics addressed in America's AI Action Plan." Stakeholders may nominate members to serve on the NAIAC, NAIAC-LE or both. Nominations for all Committees will be accepted on an ongoing basis.

GAO Release Report on Government-Wide AI Requirements

The Government Accountability Office (GAO) has published a report on "Artificial Intelligence: Federal Efforts Guided by Requirements and Advisory Groups." The report reviews federal laws, executive orders (EO) and AI requirements for agencies, identifying 94 AI-related requirements that were government-wide or had government-wide implications.

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