The Commerce Department today published a Request for Information (RFI) inviting the public to submit comments on U.S. artificial intelligence exports. The RFI asks stakeholders to weigh in on aspects of the Department’s new “American AI Exports Program,” an initiative intended to “promot[e] the export of full-stack American AI technology
Continue Reading Commerce Department Solicits Feedback on AI Exports Program
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 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."
Commerce Department and U.S. Patent and Trademark Office Exploring a Patent Tax and Patent Fee Changes
The Trump Administration is considering multiple proposals to raise revenue from patent holders, including direct assessments on patent holders, changes to the existing patent fee schedule, and potentially a new mechanism for sharing profits from university-owned patents obtained through federal research funds.
Patent Tax
First, Commerce Secretary Howard Lutnick is…
Continue Reading Commerce Department and U.S. Patent and Trademark Office Exploring a Patent Tax and Patent Fee ChangesSenator Cruz Unveils AI Framework and Regulatory Sandbox Bill
On September 10, Senate Commerce, Science, and Transportation Committee Chair Ted Cruz (R-TX) released what he called a “light-touch” regulatory framework for federal AI legislation, outlining five pillars for advancing American AI leadership. In parallel, Senator Cruz introduced the Strengthening AI Normalization and Diffusion by Oversight and eXperimentation (“SANDBOX”) Act (S. 2750), which would establish a federal AI regulatory sandbox program that would waive or modify federal agency regulations and guidance for AI developers and deployers. Collectively, the AI framework and the SANDBOX Act mark the first congressional effort to implement the recommendations of the AI Action Plan the Trump Administration released on July 23. Continue Reading Senator Cruz Unveils AI Framework and Regulatory Sandbox Bill
Senator Cruz Unveils AI Framework and Regulatory Sandbox Bill
On September 10, Senate Commerce, Science, and Transportation Committee Chair Ted Cruz (R-TX) released what he called a “light-touch” regulatory framework for federal AI legislation, outlining five pillars for advancing American AI leadership. In parallel, Senator Cruz introduced the Strengthening AI Normalization and Diffusion by Oversight and eXperimentation (“SANDBOX”) Act…
Continue Reading Senator Cruz Unveils AI Framework and Regulatory Sandbox BillTrump Administration Issues AI Action Plan and Series of AI Executive Orders
On July 23, the White House released its AI Action Plan, outlining the key priorities of the Trump Administration’s AI policy agenda. In parallel, President Trump signed three AI executive orders directing the Executive Branch to implement the AI Action Plan’s policies on “Preventing Woke AI in…
Continue Reading Trump Administration Issues AI Action Plan and Series of AI Executive OrdersSenate Nixes State AI Enforcement Moratorium, For Now
Federal legislation to “pause” state artificial intelligence regulations will not become law—for now—after the Senate stripped the measure from the budget reconciliation package, the One Big Beautiful Bill Act (H.R. 1).
The Senate voted 99–1 to strike the moratorium language from the bill during a marathon 27-hour “vote-a-rama” on July 1. The Senate voted 51–50, with Vice President J.D. Vance breaking the tie, to pass the bill (without the moratorium) and send it back to the House. The House passed the Senate-amended bill on July 3 by a vote of 218–214, with all Democrats and two Republicans voting against. President Trump signed the bill into law on July 4.Continue Reading Senate Nixes State AI Enforcement Moratorium, For Now
Senate Parliamentarian Clears Revised State AI Enforcement Moratorium for Reconciliation Bill, But Passage Remains in Doubt
In a surprise move, Senate Parliamentarian Elizabeth MacDonough ruled that a proposed moratorium on state and local AI laws satisfies the Byrd Rule, the requirement that reconciliation bills contain only budgetary provisions and omit “extraneous” policy language. While MacDonough’s determination allows the Senate Commerce Committee’s version of the moratorium to…
Continue Reading Senate Parliamentarian Clears Revised State AI Enforcement Moratorium for Reconciliation Bill, But Passage Remains in DoubtHouse Republicans Push for 10-Year Moratorium on State AI Laws
House Republicans have passed through committee a nationwide, 10-year moratorium on the enforcement of state and local laws and regulations that impose requirements on AI and automated decision systems. The moratorium, which would not apply to laws that promote AI adoption, highlights the widening gap between a wave of new…
Continue Reading House Republicans Push for 10-Year Moratorium on State AI LawsAgencies Deliver America First Trade Policy Recommendations to White House
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…
Continue Reading Agencies Deliver America First Trade Policy Recommendations to White HouseFlurry of Trump Administration Executive Orders Shakes Up Tech Policy, Creates Industry Opportunities
Since taking office, President Trump has issued dozens of executive orders, many addressing key technology policy areas that include international trade and investment, artificial intelligence (AI), connected vehicles and drones, and trade controls. Some of these executive actions reverse the previous administration’s efforts on these issues—such as the order revoking President Biden’s October 2023 executive order on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence—and others initiate a formal review process, suggesting the Trump Administration will preserve, and perhaps strengthen or enhance, key tech policies implemented by the Biden Administration and the first Trump term.
Several of the executive actions President Trump has taken so far offer important opportunities for stakeholders to weigh in with Executive Branch agencies as they consider next steps, including whether to revoke, expand, or retain tech policies initiated under President Biden. Key initiatives include:
America First Trade Policy
The President’s America First Trade Policy memorandum, issued on January 20, directs certain federal agencies to review policies issued by the Biden Administration. The memo does not provide specifically for public comment opportunities with respect to these policy reviews, but it provides insight into how the Administration may modify Biden Administration policy actions. We recommend that interested stakeholders engage to share their views with the Administration. Three critical areas in particular will affect stakeholders across tech industries:
- China and Intellectual Property: Section 3(e) of the memo directs the Commerce Secretary to the assess the status of United States intellectual property rights such as patents, copyrights, and trademarks conferred upon PRC persons” and to “make recommendations to ensure reciprocal and balanced treatment of intellectual property rights with the PRC.”
- Connected Vehicles: Section 4(d) The memo directs the Commerce Secretary to “review and recommend appropriate action with respect to the rulemaking by the Office of Information and Communication Technology and Services (ICTS) on connected vehicles.” The memo specifically directs the Secretary to consider whether ICTS controls should be “expanded to account for additional connected products.”
- Outbound Investment: Section 4(e) of the President’s memo directs the Treasury Secretary, in consultation with the Commerce Secretary, to review whether President Biden’s outbound executive order “should be modified or rescinded and replaced,” and to “assess whether the [Treasury Department outbound investment regulation] includes sufficient controls to address national security threats.” This review dovetails with the President’s America First Investment Policy memo, issued on February 21, which equates U.S. national security and U.S. economic security, and directs agencies to streamline regulatory reviews to promote foreign investment in the United States.