American COMPETE Act of 2020

II 116TH CONGRESS 2D SESSION S. 5043 To require the Federal Trade Commission and the Secretary of Commerce to conduct studies and submit reports on the impact of artificial intel- ligence and other technologies on United States businesses conducting interstate commerce, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 17, 2020 Ms. SINEMA (for Mrs. FISCHER (for herself and Ms. SINEMA)) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Federal Trade Commission and the Secretary of Commerce to conduct studies and submit reports on the impact of artificial intelligence and other technologies on United States businesses conducting interstate com- merce, 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘American Competitiveness Of a More Productive Emerg- 5 ing Tech Economy Act of 2020’’ or the ‘‘American COM- 6 PETE Act of 2020’’. 7 VerDate Sep 11 2014 22:53 Jan 08, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S5043.IS S5043 sspencer on DSK126QN23PROD with BILLS 2 •S 5043 IS (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. Sec. 2. Study to advance artificial intelligence. Sec. 3. Study to advance internet of things in manufacturing. Sec. 4. Study to advance quantum computing. Sec. 5. Study to advance blockchain technology. Sec. 6. Study to advance new and advanced materials. Sec. 7. Study to advance unmanned delivery services. Sec. 8. Study to advance internet of things. Sec. 9. Study to advance three-dimensional printing. Sec. 10. Study to combat online harms through innovation. SEC. 2. STUDY TO ADVANCE ARTIFICIAL INTELLIGENCE. 3 (a) IN GENERAL.— 4 (1) STUDY REQUIRED.—Not later than 1 year 5 after the date of the enactment of this Act, the Sec- 6 retary of Commerce and the Federal Trade Commis- 7 sion shall complete a study on the state of the artifi- 8 cial intelligence industry and the impact of such in- 9 dustry on the United States economy. 10 (2) REQUIREMENTS FOR STUDY.—In con- 11 ducting the study, the Secretary and the Commis- 12 sion shall— 13 (A) develop and conduct a survey of the 14 artificial intelligence industry through outreach 15 to participating entities as appropriate to— 16 (i) establish a list of industry sectors 17 that implement and promote the use of ar- 18 tificial intelligence; 19 VerDate Sep 11 2014 22:53 Jan 08, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5043.IS S5043 sspencer on DSK126QN23PROD with BILLS 3 •S 5043 IS (ii) establish a list of public-private 1 partnerships focused on promoting the 2 adoption and use of artificial intelligence, 3 as well as industry-based bodies, including 4 international bodies, which have developed, 5 or are developing, mandatory or voluntary 6 standards for artificial intelligence; 7 (iii) the status of such industry-based 8 mandatory or voluntary standards; and 9 (iv) provide a description of the ways 10 entities or industry sectors implement and 11 promote the use of artificial intelligence; 12 (B) develop a comprehensive list of Federal 13 agencies with jurisdiction over the entities and 14 industry sectors identified under subparagraph 15 (A); 16 (C) identify which Federal agency or agen- 17 cies listed under subparagraph (B) each entity 18 or industry sector interacts with; 19 (D) identify all interagency activities that 20 are taking place among the Federal agencies 21 listed under subparagraph (B), such as working 22 groups or other coordinated efforts; 23 (E) develop a brief description of the juris- 24 diction and expertise of the Federal agencies 25 VerDate Sep 11 2014 22:53 Jan 08, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5043.IS S5043 sspencer on DSK126QN23PROD with BILLS 4 •S 5043 IS listed under subparagraph (B) with regard to 1 such entities and industry sectors; 2 (F) identify all regulations, guidelines, 3 mandatory standards, voluntary standards, and 4 other policies implemented by each of the Fed- 5 eral agencies identified under subparagraph 6 (B), as well as all guidelines, mandatory stand- 7 ards, voluntary standards, and other policies 8 implemented by industry-based bodies; and 9 (G) identify Federal Government resources 10 that exist for consumers and small businesses 11 to evaluate the use of artificial intelligence. 12 (b) MARKETPLACE AND SUPPLY CHAIN SURVEY.— 13 The Secretary and Commission shall conduct a survey of 14 the marketplace and supply chain of artificial intelligence 15 to— 16 (1) assess the severity of risks posed to such 17 marketplace and supply chain; 18 (2) review the ability of foreign governments or 19 third parties to exploit the supply chain in a manner 20 that raises risks to the economic and national secu- 21 rity of the United States; and 22 (3) identify emerging risks and long-term 23 trends in such marketplace and supply chain. 24 VerDate Sep 11 2014 22:53 Jan 08, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5043.IS S5043 sspencer on DSK126QN23PROD with BILLS 5 •S 5043 IS (c) REPORT TO CONGRESS.—Not later than 6 1 months after the completion of the study required under 2 subsection (a), the Secretary and the Commission shall 3 submit to the Committee on Energy and Commerce and 4 the Committee on Science, Space, and Technology of the 5 House of Representatives, and the Committee on Com- 6 merce, Science, and Transportation of the Senate, and 7 make publicly available on their respective websites, a re- 8 port that contains— 9 (1) the results of the study conducted pursuant 10 to subsection (a) and the survey conducted pursuant 11 to subsection (b); and 12 (2) recommendations to— 13 (A) grow the United States economy 14 through the secure advancement of artificial in- 15 telligence; 16 (B) develop a national strategy to advance 17 the United States business sectors’ position in 18 the world on the adoption of artificial intel- 19 ligence; 20 (C) develop strategies to mitigate current 21 and emerging risks to the marketplace and sup- 22 ply chain of artificial intelligence; and 23 VerDate Sep 11 2014 22:53 Jan 08, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5043.IS S5043 sspencer on DSK126QN23PROD with BILLS 6 •S 5043 IS (D) develop legislation that may advance 1 the expeditious adoption of artificial intel- 2 ligence. 3 SEC. 3. STUDY TO ADVANCE INTERNET OF THINGS IN MAN- 4 UFACTURING. 5 (a) IN GENERAL.— 6 (1) STUDY REQUIRED.—Not later than 1 year 7 after the date of the enactment of this Act, the Sec- 8 retary of Commerce, in coordination with the head 9 of any other appropriate Federal agency, shall com- 10 plete a study on the state of manufacturing in the 11 United States. 12 (2) REQUIREMENTS FOR STUDY.—In con- 13 ducting the study, the Secretary shall— 14 (A) develop and conduct a survey of the 15 manufacturing industry through outreach to 16 participating entities as appropriate to— 17 (i) establish a list of the industry sec- 18 tors that implement and promote the use 19 of internet-connected devices and internet- 20 connected solutions in manufacturing; 21 (ii) establish a list of public-private 22 partnerships focused on promoting the 23 adoption and use of internet-connected de- 24 vices and internet-connected solutions in 25 VerDate Sep 11 2014 22:53 Jan 08, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S5043.IS S5043 sspencer on DSK126QN23PROD with BILLS 7 •S 5043 IS manufacturing, as well as industry-based 1 bodies, including international bodies, that 2 have developed, or are developing, manda- 3 tory or voluntary standards for such uses; 4 (iii) the status of such industry-based 5 mandatory or voluntary standards; and 6 (iv) provide a description of the ways 7 entities or industry sectors implement and 8 promote the use of internet-connected de- 9 vices and internet-connected solutions in 10 manufacturing; 11 (B) develop a comprehensive list of Federal 12 agencies with jurisdiction over the entities and 13 industry sectors identified under subparagraph 14 (A); 15 (C) identify which Federal agency or agen- 16 cies listed under subparagraph (B) each entity 17 or industry sector interacts with; 18 (D) identify all interagency activities that 19 are taking place among the Federal agencies 20 listed under subparagraph (B), such as working 21 groups or other coordinated efforts; 22 (E) develop a brief description of the juris- 23 diction and expertise of the Federal agencies 24 VerDate Sep 11 2014 22:53 Jan 08, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S5043.IS S5043 sspencer on DSK126QN23PROD with BILLS 8 •S 5043 IS listed under subparagraph (B) with regard to 1 such entities and industry sectors; 2 (F) identify all regulations, guidelines, 3 mandatory standards, voluntary standards, and 4 other policies implemented by each of the Fed- 5 eral agencies identified under subparagraph 6 (B), as well as all guidelines, mandatory stand- 7 ards, voluntary standards, and other policies 8 implemented by industry-based bodies; and 9 (G) identify Federal Government resources 10 that exist for consumers and small businesses 11 to evaluate the use of internet-connected devices 12 and internet-connected solutions in manufac- 13 turing. 14 (b) MARKETPLACE AND SUPPLY CHAIN SURVEY.— 15 The Secretary shall conduct a survey of the marketplace 16 and supply chain of internet-connected devices and inter- 17 net-connected solutions used in manufacturing to— 18 (1) assess the severity of risks posed to such 19 marketplace and supply chain; 20 (2) review the ability of foreign governments or 21 third parties to exploit the supply chain in a manner 22 that raises risks to the economic and national secu- 23 rity of the United States; and 24 VerDate Sep 11 2014 22:53 Jan 08, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S5043.IS S5043 sspencer on DSK126QN23PROD with BILLS 9 •S 5043 IS (3) identify emerging risks and long-term 1 trends in such marketplace and supply chain. 2 (c) REPORT TO CONGRESS.—Not later than 6 3 months after the completion of the study required pursu- 4 ant to subsection (a), the Secretary shall submit to the 5 Committee on Energy and Commerce and the Committee 6 on Science, Space, and Technology of the House of Rep- 7 resentatives, and the Committee on Commerce, Science, 8 and Transportation of the Senate, and make publicly 9 available on the website of the Department of Commerce, 10 a report that contains— 11 (1) the results of the study conducted pursuant 12 to subsection (a) and the surveys conducted pursu- 13 ant to subsection (b); and 14 (2) recommendations to— 15 (A) grow the United States economy 16 through the secure advancement of the use of 17 internet-connected devices and internet-con- 18 nected solutions in manufacturing; 19 (B) develop a national strategy to advance 20 the United States business sectors’ position in 21 the world on the adoption of internet-connected 22 devices and internet-connected solutions used in 23 manufacturing; 24 VerDate Sep 11 2014 22:53 Jan 08, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S5043.IS S5043 sspencer on DSK126QN23PROD with BILLS 10 •S 5043 IS (C) develop strategies to mitigate current 1 and emerging risks to the marketplace and sup- 2 ply chain of internet-connected devices and 3 internet-connected solutions used in manufac- 4 turing; 5 (D) develop policies that States can adopt 6 to encourage the growth of manufacturing, in- 7 cluding the use of internet-connected devices 8 and internet-connected solutions in manufac- 9 turing; and 10 (E) develop legislation that may advance 11 the expeditious adoption of the use of internet- 12 connected devices and internet-connected solu- 13 tions in manufacturing; 14 SEC. 4. STUDY TO ADVANCE QUANTUM COMPUTING. 15 (a) IN GENERAL.— 16 (1) STUDY REQUIRED.—Not later than 1 year 17 after the date of the enactment of this Act, the Sec- 18 retary of Commerce and the Federal Trade Commis- 19 sion shall complete a study on the state of the quan- 20 tum computing industry and the impact of such in- 21 dustry on the United States economy. 22 (2) REQUIREMENTS FOR STUDY.—In con- 23 ducting the study, the Secretary and the Commis- 24 sion shall— 25 VerDate Sep 11 2014 22:53 Jan 08, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S5043.IS S5043 sspencer on DSK126QN23PROD with BILLS 11 •S 5043 IS (A) develop and conduct a survey of the 1 quantum computing industry through outreach 2 to participating entities as appropriate to— 3 (i) establish a list of industry sectors 4 that implement and promote the use of 5 quantum computing; 6 (ii) establish a list of public-private 7 partnerships focused on promoting the 8 adoption and use of quantum computing, 9 as well as industry-based bodies, including 10 international bodies, which have developed, 11 or are developing, mandatory or voluntary 12 standards for quantum computing; 13 (iii) the status of such industry-based 14 mandatory or voluntary standards; and 15 (iv) provide a description of the ways 16 entities or industry sectors implement and 17 promote the use of quantum computing; 18 (B) develop a comprehensive list of Federal 19 agencies with jurisdiction over the entities and 20 industry sectors identified under paragraph (A); 21 (C) identify which Federal agency or agen- 22 cies listed under subparagraph (B) each entity 23 or industry sector interacts with; 24 VerDate Sep 11 2014 22:53 Jan 08, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S5043.IS S5043 sspencer on DSK126QN23PROD with BILLS 12 •S 5043 IS (D) identify all interagency activities that 1 are taking place among the Federal agencies 2 listed under subparagraph (B), such as working 3 groups or other coordinated efforts; 4 (E) develop a brief description of the juris- 5 diction and expertise of the Federal agencies 6 listed under subparagraph (B) with regard to 7 such entities and industry sectors; 8 (F) identify all regulations, guidelines, 9 mandatory standards, voluntary standards, and 10 other policies implemented by each of the Fed- 11 eral agencies identified under subparagraph 12 (B), as well as all guidelines, mandatory stand- 13 ards, voluntary standards, and other policies 14 implemented by industry-based bodies; and 15 (G) identify Federal Government resources 16 that exist for consumers and small businesses 17 to evaluate the use of quantum computing. 18 (b) MARKETPLACE AND SUPPLY CHAIN SU [Text truncated for display. Full text available on Congress.gov.]