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Code · BILL · 116th Congress · H.R. 133 (EAH) — 116 HR 133 EAH: Consolidated Appropriations Act, 2021 · Sec. 1501

Sec. 1501. American Competitiveness Of a More Productive Emerging Tech Economy

4,947 words·~22 min read·/bill/116/hr/133/eah/section-1501

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This title may be cited as the or the American Competitiveness Of a More Productive Emerging Tech Economy Act . American COMPETE Act Not later than 1 year after the date of enactment of this Act, the Secretary of Commerce and the Federal Trade Commission shall complete a study on the state of the artificial intelligence industry and the impact of such industry on the United States economy. In conducting the study, the Secretary and the Commission shall— develop and conduct a survey of the artificial intelligence industry through outreach to participating entities as appropriate to— establish a list of industry sectors that implement and promote the use of artificial intelligence; establish a list of public-private partnerships focused on promoting the adoption and use of artificial intelligence, as well as industry-based bodies, including international bodies, which have developed, or are developing, mandatory or voluntary standards for artificial intelligence; the status of such industry-based mandatory or voluntary standards; and provide a description of the ways entities or industry sectors implement and promote the use of artificial intelligence; develop a comprehensive list of Federal agencies with jurisdiction over the entities and industry sectors identified under clause (i); identify which Federal agency or agencies listed under clause
(ii)each entity or industry sector interacts with; identify all interagency activities that are taking place among the Federal agencies listed under clause (ii), such as working groups or other coordinated efforts; develop a brief description of the jurisdiction and expertise of the Federal agencies listed under clause
(ii)with regard to such entities and industry sectors; identify all regulations, guidelines, mandatory standards, voluntary standards, and other policies implemented by each of the Federal agencies identified under clause (ii), as well as all guidelines, mandatory standards, voluntary standards, and other policies implemented by industry-based bodies; identify Federal Government resources that exist for consumers and small businesses to evaluate the use of artificial intelligence; and consult with the Office of Science and Technology Policy and interagency efforts on artificial intelligence to minimize duplication of activities among the Federal agencies identified under clause (ii). The Secretary and Commission shall conduct a survey of the marketplace and supply chain of artificial intelligence to— identify and assess risks posed to such marketplace and supply chain; review the ability of foreign governments or third parties to exploit the supply chain in a manner that raises risks to the economic and national security of the United States; and identify emerging risks and long-term trends in such marketplace and supply chain. Not later than 6 months after the completion of the study required under paragraph (1), the Secretary and the Commission shall submit to the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, and make publicly available on their respective websites, a report that contains— the results of the study conducted pursuant to paragraph
(1)and the survey conducted pursuant to paragraph (2); and recommendations to— grow the United States economy through the secure advancement of artificial intelligence; develop a national strategy to advance the United States business sectors’ position in the world on the adoption of artificial intelligence; develop strategies to mitigate current and emerging risks to the marketplace and supply chain of artificial intelligence; and develop legislation that— advances the expeditious adoption of artificial intelligence applications in interstate commerce that takes into account findings from available Federal advisory committees that produce recommendations on artificial intelligence to the extent possible; and addresses societal priorities related to the expeditious adoption of artificial intelligence applications in interstate commerce, including but not limited to maintaining ethics, reducing bias, and protecting privacy and security. Not later than 1 year after the date of enactment of this Act, the Secretary of Commerce, in coordination with the head of any other appropriate Federal agency, shall complete a study on the use of internet-connected devices and internet-connected solutions in manufacturing in the United States. In conducting the study, the Secretary shall— develop and conduct a survey of the manufacturing industry through outreach to participating entities as appropriate to— establish a list of the industry sectors that implement and promote the use of internet-connected devices and internet-connected solutions in manufacturing; establish a list of public-private partnerships focused on promoting the adoption and use of internet-connected devices and internet-connected solutions in manufacturing, as well as industry-based bodies, including international bodies, that have developed, or are developing, mandatory or voluntary standards for such uses; the status of such industry-based mandatory or voluntary standards; provide a description of the ways entities or industry sectors implement and promote the use of internet-connected devices and internet-connected solutions in manufacturing; develop a comprehensive list of Federal agencies with jurisdiction over the entities and industry sectors identified under clause (i); identify which Federal agency or agencies listed under clause
(ii)each entity or industry sector interacts with; identify all interagency activities that are taking place among the Federal agencies listed under clause (ii), such as working groups or other coordinated efforts; develop a brief description of the jurisdiction and expertise of the Federal agencies listed under clause
(ii)with regard to such entities and industry sectors; identify all regulations, guidelines, mandatory standards, voluntary standards, and other policies implemented by each of the Federal agencies identified under clause (ii), as well as all guidelines, mandatory standards, voluntary standards, and other policies implemented by industry-based bodies; and identify Federal Government resources that exist for consumers and small businesses to evaluate the use of internet-connected devices and internet-connected solutions in manufacturing. The Secretary shall conduct a survey of the marketplace and supply chain of internet-connected devices and internet-connected solutions used in manufacturing to— assess the severity of risks posed to such marketplace and supply chain; review the ability of foreign governments or third parties to exploit the supply chain in a manner that raises risks to the economic and national security of the United States; and identify emerging risks and long-term trends in such marketplace and supply chain. Not later than 6 months after the completion of the study required pursuant to paragraph (1), the Secretary shall submit to the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, and make publicly available on the website of the Department of Commerce, a report that contains— the results of the study conducted pursuant to paragraph
(1)and the surveys conducted pursuant to paragraph (2); and recommendations to— grow the United States economy through the secure advancement of the use of internet-connected devices and internet-connected solutions in manufacturing; develop a national strategy to advance the United States business sectors’ position in the world on the adoption of internet-connected devices and internet-connected solutions used in manufacturing; develop strategies to mitigate current and emerging risks to the marketplace and supply chain of internet-connected devices and internet-connected solutions used in manufacturing; develop policies that States can adopt to encourage the growth of manufacturing, including the use of internet-connected devices and internet-connected solutions in manufacturing; and develop legislation that may advance the expeditious adoption of the use of internet-connected devices and internet-connected solutions in manufacturing. Not later than 1 year after the date of enactment of this Act, the Secretary of Commerce and the Federal Trade Commission shall complete a study on the state of the quantum computing industry and the impact of such industry on the United States economy. In conducting the study, the Secretary and the Commission shall— develop and conduct a survey of the quantum computing industry through outreach to participating entities as appropriate to— establish a list of industry sectors that implement and promote the use of quantum computing; establish a list of public-private partnerships focused on promoting the adoption and use of quantum computing, as well as industry-based bodies, including international bodies, which have developed, or are developing, mandatory or voluntary standards for quantum computing; the status of such industry-based mandatory or voluntary standards; and provide a description of the ways entities or industry sectors implement and promote the use of quantum computing; develop a comprehensive list of Federal agencies with jurisdiction over the entities and industry sectors identified under clause (i); identify which Federal agency or agencies listed under clause
(ii)each entity or industry sector interacts with; identify all interagency activities that are taking place among the Federal agencies listed under clause (ii), such as working groups or other coordinated efforts; develop a brief description of the jurisdiction and expertise of the Federal agencies listed under clause
(ii)with regard to such entities and industry sectors; identify all regulations, guidelines, mandatory standards, voluntary standards, and other policies implemented by each of the Federal agencies identified under clause (ii), as well as all guidelines, mandatory standards, voluntary standards, and other policies implemented by industry-based bodies; identify Federal Government resources that exist for consumers and small businesses to evaluate the use of quantum computing; and consult with the Office of Science and Technology Policy and interagency efforts on quantum authorized by sections 102 and 103 of the National Quantum Initiative Act ( Public Law 115–368 ) to minimize duplication of activities in this subparagraph among the Federal agencies listed under clause (ii). The Secretary and Commission shall conduct a survey of the marketplace and supply chain of quantum computing to— assess the severity of risks posed to such marketplace and supply chain; review the ability of foreign governments or third parties to exploit the supply chain in a manner that raises risks to the economic and national security of the United States; and identify emerging risks and long-term trends in such marketplace and supply chain. Not later than 6 months after the completion of the study required pursuant to paragraph (1), the Secretary and the Commission shall submit to the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, and make publicly available on their respective websites, a report that contains— the results of the study conducted pursuant to paragraph
(1)and the survey conducted pursuant to paragraph (2); and recommendations to— grow the United States economy through the secure advancement of quantum computing; develop a national strategy to advance the United States business sectors’ position in the world on the adoption of quantum computing; develop strategies to mitigate current and emerging risks to the marketplace and supply chain of quantum computing; and develop legislation that may advance the expeditious adoption of quantum computing. Not later than 1 year after the date of enactment of this Act, the Secretary of Commerce and the Federal Trade Commission shall complete a study on the state of the blockchain technology industry and the impact of such industry on the United States economy. In conducting the study, the Secretary and the Commission shall— develop and conduct a survey of the blockchain technology industry through outreach to participating entities as appropriate to— establish a list of industry sectors that implement and promote the use of blockchain technology; establish a list of public-private partnerships focused on promoting the adoption and use of blockchain technology, as well as industry-based bodies, including international bodies, which have developed, or are developing, mandatory or voluntary standards for blockchain technology; the status of such industry-based mandatory or voluntary standards; and provide a description of the ways entities or industry sectors implement and promote the use of blockchain technology; develop a comprehensive list of Federal agencies with jurisdiction over the entities and industry sectors identified under clause (i); identify which Federal agency or agencies listed under clause
(ii)each entity or industry sector interacts with; identify all interagency activities that are taking place among the Federal agencies listed under clause (ii), such as working groups or other coordinated efforts; develop a brief description of the jurisdiction and expertise of the Federal agencies listed under clause
(ii)with regard to such entities and industry sectors; identify all regulations, guidelines, mandatory standards, voluntary standards, and other policies implemented by each of the Federal agencies identified under clause (ii), as well as all guidelines, mandatory standards, voluntary standards, and other policies implemented by industry-based bodies; and identify Federal Government resources that exist for consumers and small businesses to evaluate the use of blockchain technology. The Secretary and Commission shall conduct a survey of the marketplace and supply chain of blockchain technology to— assess the severity of risks posed to such marketplace and supply chain; review the ability of foreign governments or third parties to exploit the supply chain in a manner that raises risks to the economic and national security of the United States; and identify emerging risks and long-term trends in such marketplace and supply chain. Not later than 6 months after the completion of the study required pursuant to paragraph (1), the Secretary and the Commission shall submit to the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, and make publicly available on their respective websites, a report that contains— the results of the study conducted pursuant to paragraph
(1)and the survey conducted pursuant to paragraph (2); and recommendations to— grow the United States economy through the secure advancement of blockchain technology; develop a national strategy to advance the United States business sectors’ position in the world on the adoption of blockchain technology; develop strategies to mitigate current and emerging risks to the marketplace and supply chain of blockchain technology; and develop legislation that may advance the expeditious adoption of blockchain technology. Not later than 1 year after the date of enactment of this Act, the Secretary of Commerce and the Federal Trade Commission, in coordination with the head of any other appropriate Federal agency, shall complete a study on the state of new and advanced materials industry, including synthetically derived or enhanced natural properties, and the impact of such industry on the United States economy. In conducting the study, the Secretary and the Commission shall— develop and conduct a survey of the new and advanced materials industry through outreach to participating entities as appropriate to— establish a list of industry sectors that implement and promote the use of new and advanced materials; establish a list of public-private partnerships focused on promoting the adoption and use of new and advanced materials, as well as industry-based bodies, including international bodies, which have developed, or are developing, mandatory or voluntary standards for new and advanced materials; the status of such industry-based mandatory or voluntary standards; and provide a description of the ways entities or industry sectors implement and promote the use of new and advanced materials; develop a comprehensive list of Federal agencies with jurisdiction over the entities and industry sectors identified under clause (i); identify which Federal agency or agencies listed under clause
(ii)each entity or industry sector interacts with; identify all interagency activities that are taking place among the Federal agencies listed under clause (ii), such as working groups or other coordinated efforts; develop a brief description of the jurisdiction and expertise of the Federal agencies listed under clause
(ii)with regard to such entities and industry sectors; identify all regulations, guidelines, mandatory standards, voluntary standards, and other policies implemented by each of the Federal agencies identified under clause (ii), as well as all guidelines, mandatory standards, voluntary standards, and other policies implemented by industry-based bodies; and identify Federal Government resources that exist for consumers and small businesses to evaluate the use of new and advanced materials. The Secretary and Commission shall conduct a survey of the marketplace and supply chain of new and advanced materials to— assess the severity of risks posed to such marketplace and supply chain; review the ability of foreign governments or third parties to exploit the supply chain in a manner that raises risks to the economic and national security of the United States; and identify emerging risks and long-term trends in such marketplace and supply chain. Not later than 6 months after the completion of the study required pursuant to paragraph (1), the Secretary and the Commission shall submit to the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, and make publicly available on their respective websites, a report that contains— the results of the study conducted pursuant to paragraph
(1)and the survey conducted pursuant to paragraph (2); and recommendations to— grow the United States economy through the secure advancement of new and advanced materials; develop a national strategy to advance the United States business sectors’ position in the world on the adoption of new and advanced materials; develop strategies to mitigate current and emerging risks to the marketplace and supply chain of new and advanced materials; and develop legislation that may advance the expeditious adoption of new and advanced materials. Not later than 1 year after the date of enactment of this Act, the Secretary of Commerce, in coordination with the head of any other appropriate Federal agency, shall complete a study on the impact of unmanned delivery services on United States businesses conducting interstate commerce. In conducting the study, the Secretary shall do the following: Conduct a survey through outreach to participating entities to— establish a list of the industry sectors that develop and use unmanned delivery services, including the use of autonomous vehicles, drones, and robots; review how unmanned delivery services are currently being used and any potential future applications of such services; identify any challenges to the development and adoption of unmanned delivery services; review how such services may be used to— deliver groceries, meals, medications, and other necessities to senior citizens, people with disabilities, and people without access to traditional public transportation; address challenges public health emergencies present, including delivering groceries, meals, medications, medical supplies, and other necessities during such emergencies; and any other potential use of such services; identify any safety risks associated with the adoption of unmanned delivery services on roads, in the air, or other environments, including any dangers posed to pedestrians, bicyclists, motorcyclists, motorists, or property; identify the effect of unmanned delivery services on traffic safety and congestion; evaluate the extent to which software, technology, and infrastructure behind unmanned delivery services are developed and manufactured in the United States; identify the number and types of jobs that may be lost or substantially changed due to the development and adoption of unmanned delivery services; identify the number and types of jobs that may be created due to the development and adoption of unmanned delivery services; and evaluate the effect of the adoption unmanned delivery services on job quality for low, middle, and high-skilled workers. Develop and conduct a survey of Federal activity related to unmanned delivery services to— establish a list of Federal agencies asserting jurisdiction over industry sectors identified under clause (i)(II); develop a brief description of the jurisdiction and expertise of the Federal agencies regarding unmanned delivery services; and identify all interagency activities regarding unmanned delivery services. Conduct a survey of the marketplace and supply chain of unmanned delivery services to— assess the severity of risks posed to such marketplace and supply chain; review the ability of foreign governments or third parties to exploit such supply chain in a manner that raises risks to the economic and national security of the United States; and identify emerging risks and long-term trends in such marketplace and supply chain. Not later than 6 months after the completion of the study required pursuant to paragraph (1), the Secretary, in coordination with the head of any other appropriate Federal agency, shall submit to the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, and make publicly available on the website of the Department of Commerce, a report that contains— the results of the study conducted under paragraph (1); and recommendations to— develop and implement a comprehensive plan to promote the development and adoption of unmanned delivery services in the United States; develop policies that States can adopt to encourage the development and adoption of unmanned delivery services; develop a national strategy to advance the United States position in the world on the development and adoption of unmanned delivery services, and manufacture of technology behind unmanned delivery services; develop strategies to mitigate current and emerging risks to the marketplace and supply chain of unmanned delivery services; and develop legislation to accomplish such recommendations. The Secretary of Commerce shall conduct a study on the state of the internet-connected devices industry (commonly known as the Internet of Things ) in the United States. In conducting the study, the Secretary shall— develop and conduct a survey of the internet-connected devices industry through outreach to participating entities as appropriate, including— a list of the industry sectors that develop internet-connected devices; a list of public-private partnerships focused on promoting the adoption and use of internet-connected devices, as well as industry-based bodies, including international bodies, which have developed, or are developing, mandatory or voluntary standards for internet-connected devices; the status of the industry-based mandatory or voluntary standards identified in clause (ii); and a description of the ways entities or industry sectors develop, use, or promote the use of internet-connected devices; develop a comprehensive list of Federal agencies with jurisdiction over the entities and industry sectors identified under subparagraph (A); identify which Federal agency or agencies listed under subparagraph
(B)each entity or industry sector interacts with; identify all interagency activities that are taking place among the Federal agencies listed under subparagraph (B), such as working groups or other coordinated efforts; develop a brief description of the jurisdiction and expertise of the Federal agencies listed under subparagraph
(B)with regard to such entities and industry sectors; identify all regulations, guidelines, mandatory standards, voluntary standards, and other policies implemented by each of the Federal agencies identified under subparagraph (B), as well as all guidelines, mandatory standards, voluntary standards, and other policies implemented by industry-based bodies; and identify Federal Government resources that exist for consumers and small businesses to evaluate internet-connected devices. Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, and make publicly available on the website of the Department of Commerce, a report that contains— the results of the study conducted under paragraph (1); and recommendations of the Secretary for growth of the United States economy through the secure advancement of internet-connected devices. In this subsection— the term Federal agency means an agency, as defined in section 551 of title 5, United States Code; and the term internet-connected device means a physical object that— is capable of connecting to the internet, either directly or indirectly through a network, to communicate information at the direction of an individual; and has computer processing capabilities for collecting, sending, receiving, or analyzing data. Not later than 1 year after the date of enactment of this Act, the Secretary of Commerce, in coordination with the head of any other appropriate Federal agency, shall complete a study on the state of the three-dimensional printing industry and the impact of such industry on the United States economy. In conducting the study, the Secretary shall— develop and conduct a survey of the three-dimensional printing industry through outreach to participating entities as appropriate to— establish a list of industry sectors that implement and promote the use of three-dimensional printing; establish a list of public-private partnerships focused on promoting the adoption and use of three-dimensional printing, as well as industry-based bodies, including international bodies, which have developed, or are developing, mandatory or voluntary standards for three-dimensional printing; the status of such industry-based mandatory or voluntary standards; and provide a description of the ways entities or industry sectors implement and promote the use of three-dimensional printing; develop a comprehensive list of Federal agencies with jurisdiction over the entities and industry sectors identified under clause (i); identify which Federal agency or agencies listed under clause
(ii)each entity or industry sector interacts with; identify all interagency activities that are taking place among the Federal agencies listed under clause (ii), such as working groups or other coordinated efforts; develop a brief description of the jurisdiction and expertise of the Federal agencies listed under clause
(ii)with regard to such entities and industry sectors; identify all regulations, guidelines, mandatory standards, voluntary standards, and other policies implemented by each of the Federal agencies identified under clause (ii), as well as all guidelines, mandatory standards, voluntary standards, and other policies implemented by industry-based bodies; and identify Federal Government resources that exist for consumers and small businesses to evaluate the use of three-dimensional printing. The Secretary shall conduct a survey of the marketplace and supply chain of three-dimensional printing to— assess the severity of risks posed to such marketplace and supply chain; review the ability of foreign governments or third parties to exploit the supply chain in a manner that raises risks to the economic and national security of the United States; and identify emerging risks and long-term trends in such marketplace and supply chain. Not later than 6 months after the completion of the study required pursuant to paragraph (1), the Secretary shall submit to the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, and make publicly available on the website of the Department of Commerce, a report that contains— the results of the study conducted pursuant to paragraph
(1)and the survey conducted pursuant to paragraph (2); and recommendations to— grow the United States economy through the secure advancement of three-dimensional printing; develop a national strategy to advance the United States business sectors’ position in the world on the adoption of three-dimensional printing; develop strategies to mitigate current and emerging risks to the marketplace and supply chain of three-dimensional printing; and develop legislation that may advance the expeditious adoption of three-dimensional printing. Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall conduct and complete a study on how artificial intelligence may be used to address the online harms described in subparagraph (B). In conducting the study, the Commission shall consider whether and how artificial intelligence may be used to identify, remove, or take any other appropriate action necessary to address the following online harms: Deceptive and fraudulent content intended to scam or otherwise harm individuals, including such practices directed at senior citizens. Manipulated content intended to mislead individuals, including deepfake videos and fake individual reviews. Website or mobile application interfaces designed to intentionally mislead or exploit individuals. Illegal content online, including the illegal sale of opioids, child sexual exploitation and abuse, revenge pornography, harassment, cyberstalking, hate crimes, the glorification of violence or gore, and incitement of violence. Terrorist and violent extremists’ abuse of digital platforms, including the use of such platforms to promote themselves, share propaganda, and glorify real-world acts of violence. Disinformation campaigns coordinated by inauthentic accounts or individuals to influence United States elections. The sale of counterfeit products. Not later than 6 months after the completion of the study required pursuant to paragraph (1), the Commission shall submit to the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, and make publicly available on its website, a report that contains— the results of the study conducted under paragraph (1); recommendations on how artificial intelligence may be used to address the online harms described in paragraph (1)(B); recommendations on what reasonable policies, practices, and procedures may be implemented to utilize artificial intelligence to address such online harms; and recommendations for any legislation that may advance the adoption and use of artificial intelligence to address such online harms. The Secretary of Commerce and the Federal Trade Commission, after notifying the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, may combine any of the studies required pursuant to this Act. Nothing in this Act shall be construed to require the disclosure of information, records, or reports that are exempt from public disclosure under section 552 of title 5, United States Code, or that may be withheld under section 552a of title 5, United States Code. Nothing in this Act shall be construed to require the publication, on a website or otherwise, of any report containing information that is classified, or the public release of which could have a harmful effect on national security. In the case of each report that is required by this Act to be submitted to a committee of Congress, such report shall be submitted in unclassified form, but may include a classified annex. In the case of each report that is required by this Act to be submitted to a committee of Congress, such report shall also be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. This Act is subject to appropriations that may be available for the Department of Commerce or the Federal Trade Commission, as applicable.
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Sec. 1501
American Competitiveness Of a More Productive Emerging Tech Economy
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