[Congressional Record Volume 166, Number 169 (Tuesday, September 29, 2020)]
[House]
[Pages H4988-H4990]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONSUMER SAFETY TECHNOLOGY ACT
Mr. PALLONE. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 8128) to direct the Consumer Product Safety Commission to
establish a pilot program to explore the use of artificial intelligence
in support of the consumer product safety mission of the Commission, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 8128
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Consumer
Safety Technology Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--ARTIFICIAL INTELLIGENCE AND CONSUMER PRODUCT SAFETY
Sec. 101. Short title.
Sec. 102. Pilot program for use of artificial intelligence by Consumer
Product Safety Commission.
TITLE II--BLOCKCHAIN TECHNOLOGY INNOVATION
Sec. 201. Short title.
Sec. 202. Study on blockchain technology and its use in consumer
protection.
TITLE III--DIGITAL TOKEN TAXONOMY
Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Reports on unfair or deceptive acts or practices in
transactions relating to digital tokens.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``consumer product'' has the meaning given
such term in section 3(a) of the Consumer Product Safety Act
(15 U.S.C. 2052(a)); and
(2) the term ``Secretary'' means the Secretary of Commerce.
TITLE I--ARTIFICIAL INTELLIGENCE AND CONSUMER PRODUCT SAFETY
SEC. 101. SHORT TITLE.
This title may be cited as the ``AI for Consumer Product
Safety Act''.
SEC. 102. PILOT PROGRAM FOR USE OF ARTIFICIAL INTELLIGENCE BY
CONSUMER PRODUCT SAFETY COMMISSION.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Consumer Product Safety Commission
shall establish a pilot program to explore the use of
artificial intelligence by the Commission in support of the
consumer product safety mission of the Commission.
(b) Requirements.--In conducting the pilot program
established under subsection (a), the Commission shall do the
following:
(1) Use artificial intelligence for at least 1 of the
following purposes:
(A) Tracking trends with respect to injuries involving
consumer products.
(B) Identifying consumer product hazards.
(C) Monitoring the retail marketplace (including internet
websites) for the sale of recalled consumer products
(including both new and used products).
(D) Identifying consumer products required by section 17(a)
of the Consumer Product Safety Act (15 U.S.C. 2066(a)) to be
refused admission into the customs territory of the United
States.
(2) Consult with the following:
(A) Technologists, data scientists, and experts in
artificial intelligence and machine learning.
(B) Cybersecurity experts.
(C) Members of the retail industry.
(D) Consumer product manufacturers.
(E) Consumer product safety organizations.
(F) Any other person the Commission considers appropriate.
(c) Report to Congress.--Not later than 180 days after the
conclusion of the pilot program established under subsection
(a), the Consumer Product Safety Commission shall submit to
the Committee on Energy and Commerce 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 Commission, a report on the findings and
data derived from such program, including whether and the
extent to which the use of artificial intelligence improved
the ability of the Commission to advance the consumer product
safety mission of the Commission.
TITLE II--BLOCKCHAIN TECHNOLOGY INNOVATION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Blockchain Innovation
Act''.
SEC. 202. STUDY ON BLOCKCHAIN TECHNOLOGY AND ITS USE IN
CONSUMER PROTECTION.
(a) In General.--
(1) Study required.--Not later than one year after the date
of enactment of this Act, the Secretary of Commerce, in
consultation with the Federal Trade Commission, and in
consultation with the any other appropriate Federal agency
the Secretary determines appropriate, shall conduct a study
on current and potential use of blockchain technology in
commerce and the potential benefits of blockchain technology
for limiting fraud and other unfair and deceptive acts and
practices.
(2) Requirements for study.--In conducting the study, the
Secretary shall examine--
(A) trends in the commercial use of and investment in
blockchain technology;
(B) best practices in facilitating public-private
partnerships in blockchain technology;
(C) potential benefits and risks of blockchain technology
for consumer protection;
(D) how blockchain technology can be used by industry and
consumers to reduce fraud and increase the security of
commercial transactions;
(E) areas in Federal regulation of blockchain technology
that greater clarity would encourage domestic innovation: and
(F) any other relevant observations or recommendations
related to blockchain technology and consumer protection.
(3) Public comment.--In producing the study required in
subsection (a)(2), the Secretary shall provide opportunity
for public comment and advice relevant to the production of
the study.
(b) Report to Congress.--Not later than 6 months after the
completion of the study required pursuant to subsection (a),
the Secretary shall submit to the Committee on Energy and
Commerce 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 subsection (a).
[[Page H4989]]
TITLE III--DIGITAL TOKEN TAXONOMY
SEC. 301. SHORT TITLE.
This title may be cited as the ``Digital Taxonomy Act''.
SEC. 302. FINDINGS.
Congress finds that--
(1) it is important that the United States remains a leader
in innovation;
(2) digital tokens and blockchain technology are driving
innovation and providing consumers with increased choice and
convenience;
(3) the use of digital tokens and blockchain technology is
likely to increase in the future;
(4) the Federal Trade Commission is responsible for
protecting consumers from unfair or deceptive acts or
practices, including relating to digital tokens;
(5) the Commission has previously taken action against
unscrupulous companies and individuals that committed unfair
or deceptive acts or practices involving digital tokens; and
(6) to bolster the Commission's ability to enforce against
unfair or deceptive acts or practices involving digital
tokens, the Commission should ensure staff have appropriate
training and resources to identify and pursue such cases.
SEC. 303. REPORTS ON UNFAIR OR DECEPTIVE ACTS OR PRACTICES IN
TRANSACTIONS RELATING TO DIGITAL TOKENS.
Not later than one year after the date of enactment of this
Act and each year thereafter until fiscal year 2024, the
Federal Trade Commission shall transmit to the Committee on
Energy and Commerce 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
of--
(1) any actions taken by the Commission relating to unfair
or deceptive acts or practices in transactions relating to
digital tokens;
(2) the Commission's other efforts to prevent unfair or
deceptive acts or practices relating to digital tokens; and
(3) any recommendations by the Commission for legislation
that would improve the ability of the Commission and other
relevant Federal agencies--
(A) to further protect consumers from unfair or deceptive
acts or practices in the digital token marketplace; and
(B) to promote competition and promote innovation in the
global digital token sector.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Pallone) and the gentlewoman from Washington (Mrs. Rodgers)
each will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. PALLONE. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 8128.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. PALLONE. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in support of H.R. 8128, and I want to begin by
thanking Representatives McNerney and Burgess for their leadership on
H.R. 8128, the Consumer Safety Technology Act. This bill advanced out
of the Energy and Commerce Committee earlier this month, on September
9, by voice vote.
The legislation will help modernize our consumer protection agencies
and encourage the use of advanced technologies, like artificial
intelligence and blockchain, in support of product safety and consumer
protection. These technologies can help the Consumer Product Safety
Commission and the Federal Trade Commission improve their operations
and more effectively carry out their mission.
Technological advances and globalization have greatly expanded the
range of consumer products on the market, and as consumers shop online,
more and more of these products are being shipped directly to homes. AI
could help the CPSC oversee the increasingly complex range of products
under its jurisdiction by helping identify new injury trends and
emerging hazards.
AI can also help the CPSC monitor online marketplaces for the illegal
sale of recalled products. The persistence of recalled products on
online third-party marketplaces is a particularly pernicious problem
that puts Americans needlessly at risk.
For example, months after the dangerous Fisher-Price Rock `n Play and
other infant inclined sleepers were recalled, a Consumer Reports
investigation found that these products were still being sold on sites
like Facebook Marketplace and Craigslist, even though they had been
linked to dozens of infant fatalities. I am hopeful that AI can be
harnessed here to help eradicate the sale of recalled products in these
online marketplaces.
Madam Speaker, the CPSC could also use AI to assess the risk of the
growing number of imported consumer products entering our country and
being sent directly to consumers.
I want to thank Representatives Soto, Guthrie, and Matsui for
introducing the Blockchain Innovation Act, which was incorporated into
H.R. 8128 during the full committee's consideration of the bill. So,
too, was the Digital Taxonomy Act, which was introduced by
Representatives Davidson and Soto.
Together, these bills will help identify ways blockchain technology
can be used to further support consumer protection. It will also make
sure that scammers and fraudsters don't get ahead of consumers and law
enforcement in the realm of blockchain and digital tokens.
Finally, I want to thank Ranking Member Walden and subcommittee
Ranking Member Rodgers for working with us to move this bill through
the Energy and Commerce Committee on a bipartisan basis.
Madam Speaker, I call on my colleagues to support the measure, and I
reserve the balance of my time.
Mrs. RODGERS of Washington. Madam Speaker, I yield myself such time
as I may consume.
Madam Speaker, I rise today in support of H.R. 8128, the Consumer
Safety Technology Act. It combines the AI for Consumer Product Safety
Act, led by Dr. Burgess and Mr. McNerney, and the Blockchain Innovation
Act, led by Mr. Guthrie, Mr. Soto, and Ms. Matsui.
Both of these bills help consumer protection agencies utilize
emerging technologies, such as AI and blockchain, to better fulfill
their missions. Bringing the Federal Government into the 21st century
by modernizing its technology has been a long-term goal of mine. I
appreciate the leadership of these bills' sponsors in doing just that
for the Consumer Product Safety Commission and the Federal Trade
Commission.
Madam Speaker, I yield 2 minutes to the gentleman from Kentucky (Mr.
Guthrie), who has been a leader on blockchain policies.
Mr. GUTHRIE. Madam Speaker, I rise today in support of H.R. 8128, the
AI for Consumer Product Safety Act, a bipartisan bill introduced by my
colleagues on the Energy and Commerce Committee, Representatives
McNerney and Burgess.
Emerging technologies can be a useful tool to help prevent fraud and
to protect consumers. This bipartisan package of bills will help us
learn more about AI technology to better protect Americans.
I want to thank Representatives McNerney and Burgess for including my
legislation, the Blockchain Innovation Act, which I introduced with
Representative Soto and Representative Matsui.
This legislation will help us harness blockchain technology for the
betterment of our consumers and our economy.
I urge my colleagues to support the AI for Consumer Product Safety
Act.
Mrs. RODGERS of Washington. Madam Speaker, I yield back the balance
of my time.
Mr. PALLONE. Madam Speaker, I yield such time as he may consume to
the gentleman from California (Mr. McNerney).
Mr. McNERNEY. Madam Speaker, I rise today in support of my
legislation, H.R. 8128, the Consumer Safety Technology Act.
H.R. 8128 will encourage the use of emerging technologies,
specifically artificial intelligence and blockchain, to help keep
consumers safe, and it will aid our consumer protection agencies with
carrying out their mission.
H.R. 8128 incorporates the AI for Consumer Product Safety Act,
legislation that I authored with Representative Burgess. The provisions
direct the Consumer Product Safety Commission, CPSC, to establish a
pilot program for the agency to use AI in furtherance of the agency's
work to protect consumers from unsafe products.
For example, CPSC could use AI to more quickly and efficiently
identify consumer product hazards, such as exploding laptops that have
faulty batteries, defective USB chargers, furniture that tips over, and
unsafe infant
[[Page H4990]]
sleep products. Being able to identify these hazards more quickly will
enable the CPSC to also recall the products more quickly and, in turn,
save lives.
We have heard firsthand from the CPSC Commissioners when they
testified before the House Energy and Commerce Committee that AI can
benefit the agency's work in serving the American public.
I am pleased that just 2 weeks ago, the House passed my bill, H.R.
2575, the AI in Government Act, which will help the Federal Government
increase AI adoption in a smart and responsible way. H.R. 8128 marks
another critical step in advancing this effort.
H.R. 8128 also incorporates the Blockchain Innovation Act introduced
by Representatives Soto, Guthrie, and Matsui. These provisions will
help ensure that we can use the benefits of blockchain technology to
stop scams and fraud.
Additionally, H.R. 8128 incorporates the Digital Taxonomy Act from
Representatives Soto and Davidson. These provisions will help ensure
that scammers and fraudsters don't get ahead of consumers and law
enforcement in the realm of blockchain and digital tokens.
I want to thank Representatives Burgess, Soto, Guthrie, Matsui, and
Davidson for their work on H.R. 8128 and Chairman Pallone and Ranking
Member Walden for moving this legislation through the committee.
I urge my colleagues to support it.
Mr. PALLONE. Madam Speaker, I yield such time as she may consume to
the gentlewoman from Illinois (Ms. Schakowsky), the chairwoman of the
subcommittee.
Ms. SCHAKOWSKY. Madam Speaker, I also would like to thank the authors
of this legislation, Representatives McNerney, Burgess, Soto, Matsui,
and Davidson.
This legislation would direct the Consumer Product Safety Commission
to establish a pilot program that uses artificial intelligence
technology to protect consumers from unsafe products.
{time} 1345
CPSC would have to use AI technology to track trends related to
injuries from consumer products, monitor the sale of recalled products,
or identify products prohibited from being imported into the United
States. In carrying out the pilot program, the agency would have to
consult with AI experts, manufacturers, and consumer product safety
organizations.
CPSC would have to report to Congress on the extent to which AI
technologies improved the agency's work after the pilot program has
ended. This is exactly the right approach and a good complement to all
the consumer protection bills that we are moving today.
The measure would also direct the Commerce Department to conduct, in
consultation with the Federal Trade Commission, FTC, and other relevant
agencies a study on the commercialization and use of blockchain
technology that was added to this bill. It would direct the FTC to
report on deceptive practices related to digital tokens and provide
recommendations to Congress on improving Federal protection of
consumers from blockchain-related fraud.
Again, I want to thank Chairman Pallone and the sponsors of this
legislation.
Mr. PALLONE. Madam Speaker, let me just thank my colleagues and urge
support of this legislation, and I yield back the balance of my time.
Mr. WALDEN. Madam Speaker, I rise today in support of H.R. 8128, the
Consumer Safety Technology Act. I want to thank Mr. McNerney, Mr.
Burgess, Mr. Soto, and Mr. Guthrie for their leadership on this effort.
This bipartisan bill directs the Consumer Product Safety Commission
to conduct a pilot program to determine how artificial intelligence may
be used to advance the agency's mission. Given the agency's broad
jurisdiction over so many different consumer products, being able to
efficiently and accurately analyze data is critical.
This bill also includes an important study on how blockchain
technology may be used to address fraud and other unfair and deceptive
acts and practices. This is complimentary to the American COMPETE Act
that also prioritizes this emerging technology.
Blockchain technology would help bolster our supply chains, improve
privacy--especially relating to contact tracing during the COVID-19
pandemic, and combat the spread of misinformation and fraud. I am glad
to see this provision included in the legislation.
Relatedly, H.R. 8128 also focuses on digital tokens and targets ways
in which we can protect consumers from fraud in the digital token
marketplace.
I urge my colleagues to support this bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Pallone) that the House suspend the
rules and pass the bill, H.R. 8128, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to direct
the Consumer Product Safety Commission to establish a pilot program to
explore the use of artificial intelligence in support of the mission of
the Commission and direct the Secretary of Commerce and the Federal
Trade Commission to study and report on the use of blockchain
technology and digital tokens, respectively.''.
A motion to reconsider was laid on the table.
____________________