Advancing Facial Recognition Technology Act
Bill: H.R.4039 | Sponsor: Rep. Carter, Earl L. "Buddy" (R-GA)
Policy area: Commerce

Summary:
Advancing Facial Recognition Technology Act
This bill requires the Department of Commerce to study and report on the impact of facial recognition technology on U.S. businesses conducting interstate commerce.
Such study shall involve, among other things, (1) listing industry sectors that develop, promote, and use facial recognition technology and public-private partnerships focused on promoting the development, adoption, and use of such technology; (2) establishing a list of federal agencies asserting jurisdiction over such industry sectors and entities; (3) assessing risks and trends in the marketplace and supply chain of facial recognition technology; and (4) identifying potential harms to individuals related to the use of such technology.
Commerce must report to Congress the results of such study and any recommendations to promote the adoption of facial recognition technology.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Advancing Facial Recognition 
Technology Act''.

SEC. 2. FACIAL RECOGNITION TECHNOLOGY STUDY.

    (a) In General.--
            (1) Study required.--Not later than 2 years after the date 
        of the 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 conduct a study on the 
        impact of facial recognition technology on United States 
        businesses conducting interstate commerce.
            (2) Requirements for study.--In conducting the study, the 
        Secretary and the Commission shall do the following:
                    (A) Conduct a survey of the facial recognition 
                technology industry through outreach to participating 
                entities to--
                            (i) establish a list of the industry 
                        sectors that develop, promote, and use facial 
                        recognition technology;
                            (ii) establish a list of public-private 
                        partnerships focused on promoting the 
                        development, adoption, and use of facial 
                        recognition technology;
                            (iii) provide a description of the ways 
                        entities or industry sectors develop, use, or 
                        promote the use of facial recognition 
                        technology; and
                            (iv) provide a description of the 
                        advantages of the widespread adoption of facial 
                        recognition technology, as well as identify any 
                        concerns the use of such technology may 
                        present.
                    (B) Conduct a survey of the Federal activity 
                related to facial recognition industry technology 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, 
                        regulation, guideline, policy, and other 
                        Federal activity implemented by each Federal 
                        agency 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 consisting of each country's 
                national strategy on facial recognition technology to 
                determine where the United States ranks with respect to 
                the development, promotion, and adoption of facial 
                recognition technology.
                    (D) Conduct a survey of the marketplace and supply 
                chain of facial recognition technology to--
                            (i) assess the severity of risks posed to 
                        such marketplace and supply chain;
                            (ii) 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
                            (iii) identify emerging risks and long-term 
                        trends in such marketplace and supply chain.
                    (E) Identify potential concrete harms to 
                individuals related to the use of facial recognition 
                technology.
                    (F) Identify any Secretary and Commission action 
                related to facial recognition technology.
    (b) Report to Congress.--Not later than 6 months after the 
completion of the study required pursuant 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 comprehensive plan to 
                promote the growth of the development and adoption of 
                facial recognition technology;
                    (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 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 supply chain of 
                facial recognition technology; and
                    (F) develop legislation to accomplish such 
                recommendations.
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