GAINS Act

I 116TH CONGRESS 2D SESSION H. R. 6950 To require the Secretary of Commerce and the Federal Trade Commission to conduct a study on artificial intelligence, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 19, 2020 Mrs. RODGERS of Washington introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Com- mittees on Science, Space, and Technology, and Foreign Affairs, for a pe- riod to be subsequently determined by the Speaker, in each case for con- sideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To require the Secretary of Commerce and the Federal Trade Commission to conduct a study on artificial intelligence, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Generating Artificial 4 Intelligence Networking Security Act’’ or the ‘‘GAINS 5 Act’’. 6 SEC. 2. ARTIFICIAL INTELLIGENCE STUDY. 7 (a) IN GENERAL.— 8 VerDate Sep 11 2014 07:56 Jun 14, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6950.IH H6950 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 6950 IH (1) STUDY REQUIRED.—Not later than 2 years 1 after the date of the enactment of this Act, the Sec- 2 retary of Commerce and the Federal Trade Commis- 3 sion, in coordination with the head of any other ap- 4 propriate Federal agency, shall conduct a study on 5 the impact of artificial intelligence, including ma- 6 chine learning, on United States businesses con- 7 ducting interstate commerce. 8 (2) REQUIREMENTS FOR STUDY.—In con- 9 ducting the study, the Secretary and the Commis- 10 sion shall do the following: 11 (A) Conduct a survey of artificial intel- 12 ligence through outreach to participating enti- 13 ties to— 14 (i) establish a list of industry sectors 15 that develop and use artificial intelligence; 16 (ii) establish a list of public-private 17 partnerships focused on promoting the 18 adoption and use of artificial intelligence; 19 (iii) provide a description of the ways 20 industry sectors develop, use, or promote 21 the use of artificial intelligence; and 22 (iv) provide a description of the ad- 23 vantages of the widespread adoption of ar- 24 tificial intelligence, as well as identify any 25 VerDate Sep 11 2014 07:56 Jun 14, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6950.IH H6950 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 6950 IH concerns the use of such technology may 1 present. 2 (B) Conduct a survey of Federal activity 3 relating to artificial intelligence to— 4 (i) establish a comprehensive list of 5 Federal agencies asserting jurisdiction over 6 entities and industry sectors identified 7 under subparagraph (A)(i); 8 (ii) identify all interagency activities 9 related to artificial intelligence; 10 (iii) develop a brief description of the 11 jurisdiction and expertise of the Federal 12 agencies as it relates to artificial intel- 13 ligence; and 14 (iv) identify each Federal rule, regula- 15 tion, guideline, policy, and other Federal 16 activity implemented by a Federal agency 17 related to artificial intelligence. 18 (C) Determine whether and how each Fed- 19 eral agency asserting jurisdiction over artificial 20 intelligence is— 21 (i) reducing barriers to business adop- 22 tion and use of artificial intelligence; 23 VerDate Sep 11 2014 07:56 Jun 14, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6950.IH H6950 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 6950 IH (ii) considering any cybersecurity and 1 consumer protection risks related to the 2 use of artificial intelligence; and 3 (iii) developing and implementing 4 plans that promote the expeditious adop- 5 tion of artificial intelligence to protect the 6 advantage of business sectors of the 7 United States in artificial intelligence. 8 (D) Conduct an international survey of 9 other countries to establish a compendium of at 10 least 10 and not more than 15 countries con- 11 sisting of each country’s national strategy on 12 artificial intelligence to determine where the 13 United States ranks with respect to the adop- 14 tion of artificial intelligence. 15 (E) Conduct a survey of the marketplace 16 and supply chain of artificial intelligence to— 17 (i) assess the severity of risks posed 18 to such marketplace and supply chain; 19 (ii) review the ability of foreign gov- 20 ernments or third parties to exploit the 21 supply chain in a manner that raises risks 22 to the economic and national security of 23 the United States; and 24 VerDate Sep 11 2014 07:56 Jun 14, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6950.IH H6950 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 6950 IH (iii) identify emerging risks and long- 1 term trends in such marketplace and sup- 2 ply chain. 3 (b) REPORT TO CONGRESS.—Not later than 6 4 months after the completion of the study required pursu- 5 ant to subsection (a), the Secretary and the Commission, 6 in coordination with any other appropriate Federal agen- 7 cy, shall submit to the Committee on Energy and Com- 8 merce of the House of Representatives and the Committee 9 on Commerce, Science, and Transportation of the Senate 10 a report that contains— 11 (1) the results of the study conducted pursuant 12 to subsection (a); and 13 (2) recommendations to— 14 (A) address any duplicative Federal rule, 15 regulation, guideline, policy, and other Federal 16 activity acting as a barrier to the adoption and 17 use of artificial intelligence; 18 (B) ensure any such Federal rule, regula- 19 tion, guideline, policy, and other Federal activ- 20 ity is flexible for different industries and appli- 21 cations; 22 (C) develop a national strategy to advance 23 the position in the world of business sectors in 24 VerDate Sep 11 2014 07:56 Jun 14, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6950.IH H6950 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 6950 IH the United States on the adoption of artificial 1 intelligence; 2 (D) develop strategies to mitigate current 3 and emerging risks to the marketplace and sup- 4 ply chain of artificial intelligence; and 5 (E) develop legislation that may advance 6 the expeditious adoption of artificial intel- 7 ligence. 8 Æ VerDate Sep 11 2014 07:56 Jun 14, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H6950.IH H6950 pbinns on DSKJLVW7X2PROD with BILLS