I 
117TH CONGRESS 
1ST SESSION H. R. 4039 
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 22, 2021 
Mr. CARTER of Georgia (for himself and Mr. JOYCE of Pennsylvania) intro-
duced the following bill; which was referred to the Committee on Energy 
and Commerce, and in addition to the Committee on Science, Space, and 
Technology, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction 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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Advancing Facial Rec-
ognition Technology Act’’. 
SEC. 2. FACIAL RECOGNITION TECHNOLOGY STUDY. 
(a) IN GENERAL.— 
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(1) STUDY REQUIRED.—Not later than 2 years 
after the date of the enactment of this Act, the Sec-
retary of Commerce and the Federal Trade Commis-
sion, in coordination with the head of any other ap-
propriate Federal agency, shall conduct a study on 
the impact of facial recognition technology on United 
States businesses conducting interstate commerce. 
(2) REQUIREMENTS
FOR
STUDY.—In con-
ducting the study, the Secretary and the Commis-
sion shall do the following: 
(A) Conduct a survey of the facial recogni-
tion technology industry through outreach to 
participating entities to— 
(i) establish a list of the industry sec-
tors that develop, promote, and use facial 
recognition technology; 
(ii) establish a list of public-private 
partnerships focused on promoting the de-
velopment, adoption, and use of facial rec-
ognition technology; 
(iii) provide a description of the ways 
entities or industry sectors develop, use, or 
promote the use of facial recognition tech-
nology; and 
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(iv) provide a description of the ad-
vantages of the widespread adoption of fa-
cial recognition technology, as well as iden-
tify any concerns the use of such tech-
nology may present. 
(B) Conduct a survey of the Federal activ-
ity related to facial recognition industry tech-
nology to— 
(i) establish a comprehensive list of 
Federal agencies asserting jurisdiction over 
entities and industry sectors identified 
under this section; 
(ii) identify all interagency activities 
related to facial recognition technology; 
(iii) develop a brief description of the 
jurisdiction and expertise of the Federal 
agencies as it relates to facial recognition 
technology; and 
(iv) identify each Federal rule, regula-
tion, guideline, policy, and other Federal 
activity implemented by each Federal agen-
cy related to facial recognition technology. 
(C) Conduct an international survey of 
other countries to establish a compendium of at 
least 10 and not more than 15 countries con-
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sisting of each country’s national strategy on 
facial recognition technology to determine where 
the United States ranks with respect to the de-
velopment, promotion, and adoption of facial 
recognition technology. 
(D) Conduct a survey of the marketplace 
and supply chain of facial recognition tech-
nology to— 
(i) assess the severity of risks posed 
to such marketplace and supply chain; 
(ii) review the ability of foreign gov-
ernments 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 
(iii) identify emerging risks and long- 
term trends in such marketplace and sup-
ply chain. 
(E) Identify potential concrete harms to 
individuals related to the use of facial recogni-
tion technology. 
(F) Identify any Secretary and Commis-
sion action related to facial recognition tech-
nology. 
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(b) REPORT
TO
CONGRESS.—Not later than 6 
months after the completion of the study required pursu-
ant to subsection (a), the Secretary and the Commission, 
in coordination with the head of any other appropriate 
Federal agency, 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 a report that contains— 
(1) the results of the study conducted under 
subsection (a); and 
(2) recommendations to— 
(A) address any duplicative Federal rule, 
regulation, guideline, policy, and other Federal 
activity acting as a barrier to the development 
and adoption of facial recognition technology; 
(B) develop and implement a comprehen-
sive plan to promote the growth of the develop-
ment and adoption of facial recognition tech-
nology; 
(C) develop policies that States can adopt 
to encourage the development and adoption of 
facial recognition technology; 
(D) develop a national strategy to advance 
the position in the world of business sectors in 
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the United States on the development and 
adoption of facial recognition technology; 
(E) develop strategies to mitigate current 
and emerging risks to the marketplace and sup-
ply chain of facial recognition technology; and 
(F) develop legislation to accomplish such 
recommendations. 
Æ 
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