Advancing Facial Recognition Act

I 116TH CONGRESS 2D SESSION H. R. 6929 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 MAY 19, 2020 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 Act’’. 5 SEC. 2. FACIAL RECOGNITION TECHNOLOGY STUDY. 6 (a) IN GENERAL.— 7 VerDate Sep 11 2014 03:58 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6929.IH H6929 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 6929 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 on United States 6 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 facial recognition 11 technology through outreach to participating 12 entities to— 13 (i) establish a list of the industry sec- 14 tors that develop and use facial recognition 15 technology; 16 (ii) establish a list of public-private 17 partnerships focused on promoting the 18 adoption, and use of facial recognition 19 technology; 20 (iii) provide a description of the ways 21 industry sectors develop, use, or promote 22 the use of facial recognition technology; 23 and 24 VerDate Sep 11 2014 03:58 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6929.IH H6929 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 6929 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 Federal activity 6 related to facial recognition technology to— 7 (i) establish a comprehensive list of 8 Federal agencies asserting jurisdiction over 9 entities and industry sectors identified 10 under this section; 11 (ii) identify all interagency activities 12 related to facial recognition technology; 13 (iii) develop a brief description of the 14 jurisdiction and expertise of the Federal 15 agencies as it relates to facial recognition 16 technology; and 17 (iv) identify each Federal rule, regula- 18 tion, guideline, policy, and other Federal 19 activity implemented by each Federal agen- 20 cy related to facial recognition technology. 21 (C) Conduct an international survey of 22 other countries to establish a compendium at 23 least 10 and not more than 15 countries con- 24 sisting of each country’s national strategy on 25 VerDate Sep 11 2014 03:58 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6929.IH H6929 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 6929 IH facial recognition technology to determine where 1 the United States ranks with respect to the 2 adoption of facial recognition technology. 3 (D) Conduct a survey of the marketplace 4 and supply chain of facial recognition tech- 5 nology to— 6 (i) assess the severity of risks posed 7 to such marketplace and supply chain; 8 (ii) review the ability of foreign gov- 9 ernments or third parties to exploit such 10 supply chain in a manner that raises risks 11 to the economic and national security of 12 the United States; and 13 (iii) identify emerging risks and long- 14 term trends in such marketplace and sup- 15 ply chain. 16 (E) Identify potential concrete harms to 17 individuals related to the use of facial recogni- 18 tion technology. 19 (F) Identify any Commission action related 20 to facial recognition technology. 21 (b) REPORT TO CONGRESS.—Not later than 6 22 months after the completion of the study required pursu- 23 ant to subsection (a), the Secretary and the Commission, 24 in coordination with the head of any other appropriate 25 VerDate Sep 11 2014 03:58 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6929.IH H6929 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 6929 IH Federal agency, shall submit to the Committee on Energy 1 and Commerce of the House of Representatives and the 2 Committee on Commerce, Science, and Transportation of 3 the Senate a report that contains— 4 (1) the results of the study conducted under 5 subsection (a); and 6 (2) recommendations to— 7 (A) address any duplicative Federal rule, 8 regulation, guideline, policy, and other Federal 9 activity acting as a barrier to the adoption of 10 facial recognition technology; 11 (B) develop and implement a comprehen- 12 sive plan to promote the adoption of facial rec- 13 ognition technology; 14 (C) develop policies that States can adopt 15 to encourage the adoption of facial recognition 16 technology; 17 (D) develop a national strategy to advance 18 the position in the world of business sectors in 19 the United States on the adoption of facial rec- 20 ognition technology; 21 (E) develop strategies to mitigate current 22 and emerging risks to the marketplace and sup- 23 ply chain of facial recognition technology; and 24 VerDate Sep 11 2014 03:58 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6929.IH H6929 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 6929 IH (F) develop legislation to accomplish such 1 recommendations. 2 Æ VerDate Sep 11 2014 03:58 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H6929.IH H6929 kjohnson on DSK79L0C42PROD with BILLS