Advancing Facial Recognition Technology Act

I 117TH CONGRESS 1ST SESSION H. R. 3980 To require the Secretary of Commerce and the Federal Trade Commission to conduct a study on facial recognition technology, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 17, 2021 Mr. CARTER of Georgia introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Commit- tees on Science, Space, and Technology, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Secretary of Commerce and the Federal Trade Commission to conduct a study on facial recognition technology, 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 ‘‘Advancing Facial Rec- 4 ognition Technology Act’’. 5 SEC. 2. FACIAL RECOGNITION TECHNOLOGY STUDY. 6 (a) IN GENERAL.— 7 VerDate Sep 11 2014 01:54 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3980.IH H3980 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3980 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 facial recognition technology on United 6 States businesses conducting interstate commerce. 7 (2) REQUIREMENTS FOR STUDY.—In con- 8 ducting the study, the Secretary and the Commis- 9 sion shall do the following: 10 (A) Conduct a survey of the facial recogni- 11 tion technology industry through outreach to 12 participating entities to— 13 (i) establish a list of the industry sec- 14 tors that develop, promote, and use facial 15 recognition technology; 16 (ii) establish a list of public-private 17 partnerships focused on promoting the de- 18 velopment, adoption, and use of facial rec- 19 ognition technology; 20 (iii) provide a description of the ways 21 entities or industry sectors develop, use, or 22 promote the use of facial recognition tech- 23 nology; and 24 VerDate Sep 11 2014 01:54 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3980.IH H3980 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3980 IH (iv) provide a description of the ad- 1 vantages of the widespread adoption of fa- 2 cial recognition technology, as well as iden- 3 tify any concerns the use of such tech- 4 nology may present. 5 (B) Conduct a survey of the Federal activ- 6 ity related to facial recognition industry tech- 7 nology to— 8 (i) establish a comprehensive list of 9 Federal agencies asserting jurisdiction over 10 entities and industry sectors identified 11 under this section; 12 (ii) identify all interagency activities 13 related to facial recognition technology; 14 (iii) develop a brief description of the 15 jurisdiction and expertise of the Federal 16 agencies as it relates to facial recognition 17 technology; and 18 (iv) identify each Federal rule, regula- 19 tion, guideline, policy, and other Federal 20 activity implemented by each Federal agen- 21 cy related to facial recognition technology. 22 (C) Conduct an international survey of 23 other countries to establish a compendium of at 24 least 10 and not more than 15 countries con- 25 VerDate Sep 11 2014 01:54 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3980.IH H3980 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3980 IH sisting of each country’s national strategy on 1 facial recognition technology to determine where 2 the United States ranks with respect to the de- 3 velopment, promotion, and adoption of facial 4 recognition technology. 5 (D) Conduct a survey of the marketplace 6 and supply chain of facial recognition tech- 7 nology to— 8 (i) assess the severity of risks posed 9 to such marketplace and supply chain; 10 (ii) review the ability of foreign gov- 11 ernments or third parties to exploit such 12 supply chain in a manner that raises risks 13 to the economic and national security of 14 the United States; and 15 (iii) identify emerging risks and long- 16 term trends in such marketplace and sup- 17 ply chain. 18 (E) Identify potential concrete harms to 19 individuals related to the use of facial recogni- 20 tion technology. 21 (F) Identify any Secretary and Commis- 22 sion action related to facial recognition tech- 23 nology. 24 VerDate Sep 11 2014 01:54 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3980.IH H3980 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3980 IH (b) REPORT TO CONGRESS.—Not later than 6 1 months after the completion of the study required pursu- 2 ant to subsection (a), the Secretary and the Commission, 3 in coordination with the head of any other appropriate 4 Federal agency, shall submit to the Committee on Energy 5 and Commerce of the House of Representatives and the 6 Committee on Commerce, Science, and Transportation of 7 the Senate a report that contains— 8 (1) the results of the study conducted under 9 subsection (a); and 10 (2) recommendations to— 11 (A) address any duplicative Federal rule, 12 regulation, guideline, policy, and other Federal 13 activity acting as a barrier to the development 14 and adoption of facial recognition technology; 15 (B) develop and implement a comprehen- 16 sive plan to promote the growth of the develop- 17 ment and adoption of facial recognition tech- 18 nology; 19 (C) develop policies that States can adopt 20 to encourage the development and adoption of 21 facial recognition technology; 22 (D) develop a national strategy to advance 23 the position in the world of business sectors in 24 VerDate Sep 11 2014 01:54 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3980.IH H3980 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3980 IH the United States on the development and 1 adoption of facial recognition technology; 2 (E) develop strategies to mitigate current 3 and emerging risks to the marketplace and sup- 4 ply chain of facial recognition technology; and 5 (F) develop legislation to accomplish such 6 recommendations. 7 Æ VerDate Sep 11 2014 01:54 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H3980.IH H3980 kjohnson on DSK79L0C42PROD with BILLS