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Inst.for Policy Integrity
ITIF
Manhattan Institute
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NBER
Progressive Policy Inst.
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RFF
The Regulatory Review
SSRN
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Agency Rulemaking Highlights
Notable Actions
Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence
President Biden’s Executive Order 14110 outlines a government-wide approach to establishing standards for safety and security, protecting privacy, advancing equity, and promoting innovation and competition in the development of artificial intelligence. The order requires companies building an AI model that has “national security, national economic security, or national public health and safety” implications to notify the federal government and provide the results of all risk assessments and safety tests. The National Institute of Standards and Technology within the Department of Commerce will establish standards for these red-teaming tests. To protect against AI-enabled fraud, the Department of Commerce will develop guidance for content authentication and watermarking to clearly label AI-generated content. To ensure responsible government use of AI, the order calls for agency guidance and accelerates hiring of AI professionals and training for employees. Read more at the White House Fact Sheet.
Standard for Determining Joint Employer Status
The National Labor Relations Board issued a final rule establishing a new standard for determining whether two employers are joint employers of particular employees. Under the rule, an entity may be considered a joint employer of another employer's employees if the two share or co-determine the employees' essential terms and conditions of employment. Effective December 26.
Requirements for Institutions Using Federal Student Aid Programs
The Department of Education issued final regulations with more rigorous requirements of institutions accessing Title IV financial aid programs. The updated regulations on financial responsibility aim to better protect students and taxpayers in the event an institution is unable to meet its financial obligations. Under the new rules, institutions must avoid aggressive recruitment tactics or making misrepresentations, and must not be subject to negative action by a state or federal agency. Effective July 1, 2024.
Department of Energy Acquisition Regulation
The Department of Energy is proposing to revise its acquisition regulation to streamline procedures, remove duplicative or obsolete rules, and promote more uniform application of its contract award and administration policies. Comments due December 26.
Procedures for Chemical Risk Evaluation
The Environmental Protection Agency (EPA) is proposing to amend the framework for conducting risk evaluations in order to better align with applicable court decisions and statutory text, and to allow for consideration of future scientific advances in the risk evaluation process. Comments due December 14.
Removing Restrictions for Fair Housing Testers
The Department of Housing and Urban Development (HUD) is proposing to eliminate the tester restrictions for Fair Housing Initiatives Program grantees and for Fair Housing Assistance Program agencies that forbid recipients from using fair housing testers with prior felony convictions or convictions of crimes involving fraud or perjury. The proposal aims to make HUD’s programs more inclusive for people with criminal records. Comments due January 2, 2024.
Personal Financial Data Rights
The Consumer Financial Protection Bureau is proposing to require depository and other financial institutions to make data on consumers’ transactions and accounts available to consumers and authorized third parties. The proposal also establishes obligations for data privacy. Comments due December 29.
Labeling Requirements for Alternative Fuels
The Federal Trade Commission (FTC) is conducting a regulatory review of its Alternative Fuels Rule, which was initially published in 1995. FTC seeks public comment on the overall costs, benefits, necessity, and regulatory and economic impact of the rule. The rule was last reviewed in 2013, when the Commission consolidated the alternative fueled vehicles requirements with fuel economy labels required by EPA and eliminated labeling requirements for used vehicles. Comments due December 26.
Prohibited Items in Airplane Cabins
The Transportation Security Administration is amending its interpretive rule providing guidance to the public on the types of items considered weapons, explosives, and incendiaries, which are prohibited in aircraft cabins and in passengers’ checked baggage. The rule also provides clarification on prohibited sharp objects and certain self-defense items. Effective October 26.
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| In the News
Governance & Politics
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Financial Markets & Housing
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Artificial Intelligence
- Biden Taps Emergency Powers to Assert Oversight of AI Systems, Wall Street Journal
- Agencies Get Marching Orders as White House Issues AI-safety Directive, Government Executive
- Biden AI Executive Order Calls for ‘Talent Surge’ Across Government to Retain Tech Experts, Federal News Network
- Biden’s New Executive Order Will Regulate AI Models That Could Threaten National Security, Forbes
- Schumer Says ‘Only Real Answer’ on AI is Congressional Action, Washington Post
- The Global Race to Regulate Artificial Intelligence Is Heating Up, New York Times
- Regulate AI? Here’s What That Might Mean in the US, Washington Post
- Governments Race to Regulate AI Tools, Reuters
- Artificial Intelligence and Interspecific Law, Science
- NOAA Leverages AI for Weather Forecast Translation, Government Executive
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Transportation & Infrastructure
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