,,ii #aagth ,,congress #b;d ,session ,s4 #eccd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ba1 #bjbb,mr4 ,portman introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to establish best practices for the ,federal use of facial recognition technology1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,facial1 ,accountability1 ,clarity1 and ,efficiency in ,technology ,act or the ,,face ,,it ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,,title ,i--,establishing best practices for current ,federal use of facial recognition technology,sec4 #aja4 ,disclosure of ,federal uses of facial recognition technology4,sec4 #ajb4 ,accuracy requirements for the procurement of facial recognition technology4,sec4 #ajc4 ,requirement for procurement of facial recognition technology4,sec4 #ajd4 ,disclosure of high risk use case4,sec4 #aje4 ,requirement of human involvement in facial recognition technology decisionmaking4,sec4 #ajf4 ,united ,states person notice and opt-out for non-investigative uses of facial recognition technology4,sec4 #ajg4 ,guarantee of constitutional rights4,sec4 #ajh4 ,database access restrictions for ,federal use of facial recognition technology4,sec4 #aji4 ,notification for criminal defendants4,sec4 #aaj4 ,rule of construction for facial recognition technology that is not high risk4,sec4 #aaa4 ,limitation to civilian agencies4,,title ,,ii--,developing best practices for future ,federal use of facial recognition technology,sec4 #bja4 ,establishment of a ,federal ,advisory ,committee on ,facial ,recognition ,technology4,sec4 #bjb4 ,membership of the ,federal ,advisory ,committee on ,facial ,recognition ,technology4,sec4 #bjc4 ,meetings of the ,federal ,advisory ,committee on ,face ,recognition ,technology4,sec4 #bjd4 ,authorization of appropriations4,,title ,,iii--,f,o,i,a,sec4 #cja4 ,applicability of ,,foia4 #b4 ,definitions ,in this ,act-- 7#a7 the term ,advisory ,committee means the ,federal ,advisory ,committee on ,facial ,recognition ,technology established under section #bja7;a72 7#b7 the term applicable congressional committee means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,commerce1 ,science1 and ,transportation1 and the ,committee on the ,judiciary of the ,senate2 and 7,b7 the ,committee on ,homeland ,security1 the ,committee on ,energy and ,commerce1 the ,committee on ,oversight and ,reform1 the ,committee on ,science1 ,space1 and ,technology1 and the ,committee on the ,judiciary of the ,house of ,representatives2 7#c7 the term ,director means the ,director of the ,office of ,management and ,budget2 7#d7 the term facial recognition technology means an automated or semi-automated process of-- 7,a7 generating a mathematical representation of an individual's face1 known as a probe face template2 and 7,b7 7i7 querying a gallery populated with many face templates that may be linked to personally identifiable information and subsequently returning an identity if the similarity of the probe face template to any face template in the gallery is above a specified threshold2 or 7ii7 comparing the probe face template to a specific face template of an existing image of the individual to verify their identity2 7#e7 the term ,federal agency has the meaning given the term agency in section #cejb of title #dd1 ,united ,states ,code2 7#f7 the term high risk1 with respect to a use case1 means one in which face recognition query outputs influence the decision to-- 7,a7 arrest or convict an individual1 deny an individual access to government services to which the individual is legally entitled2 or 7,b7 take other action that directly impacts the fundamental rights or equal protection of that individual under the law2 7#g7 the term intelligence community has the meaning given the term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc72 7#h7 the term ,secretary means the ,secretary of ,homeland ,security2 7#i7 the term use case-- 7,a7 means a description of the ways and circumstances in which a technology is operated to perform a specific function2 and 7,b7 does not include research programs that use ,institutional ,review ,board informed consent2 and 7#aj7 the term security use case means the ways and circumstances in which a technology is operated to perform a specific function related to-- 7,a7 conducting a criminal investigation2 7,b7 protecting national security2 7,c7 monitoring and preventing unauthorized access to ,federal buildings2 or 7,d7 detecting or combating fraud or other illegal activity4 ,i ,establishing best practices for current ,federal use of facial recognition technology #aja4 ,disclosure of ,federal uses of facial recognition technology 7a7 ,in general ,not later than #bgj days after the date of enactment of this ,act1 and biannually thereafter1 the ,director shall submit to the applicable congressional committees a report on all ,federal ,government programs that use face recognition technology4 7b7 ,execution of report ,in order to facilitate the submission of the report under subsection 7a71 the head of each ,federal agency shall provide necessary information to the ,director at the request of the ,director4 7c7 ,contents ,each report submitted under subsection 7a7 shall include-- 7#a7 a description of each facial recognition technology use case deployed by a ,federal agency2 7#b7 an evaluation of how facial recognition technologies deployed by a ,federal agency comply with the accuracy requirements under section #ajb2 7#c7 a list of the private sector entities which provide facial recognition technologies to each ,federal agency for each use case2 7#d7 a list of the ,state1 local1 and ,tribal government agencies and entities that provide access to facial recognition technologies to each ,federal agency for each use case2 7#e7 the databases that facial recognition technology queries for each ,federal agency for each use case and1 if applicable1 the authorization allowing access to privately owned and maintained databases2 7#f7 an explanation of the reasons1 with quantitative rationales where possible1 for using facial recognition technology for each use case2 7#g7 for each use case described in paragraph 7#a71 an enumeration of whether the use case is high risk2 and 7#h7 any additional information the ,director determines appropriate4 7d7 ,form of report ,each report required under subsection 7a7 shall be submitted in an unclassified form1 but may contain a classified annex4 #ajb4 ,accuracy requirements for the procurement of facial recognition technology 7a7 ,development of accuracy requirements ,not later than #a year after the first report is submitted under section #aja7;a71 the ,director of the ,national ,institute for ,standards and ,technology and the ,secretary1 in consultation with the ,director of the ,office of ,science and ,technology ,policy and other agencies and entities as appropriate1 shall develop minimum accuracy requirements1 specific to each ,federal agency1 for use cases of facial recognition technology in the ,federal ,government as determined in the report4 7b7 ,development of accuracy requirements for high risk use cases ,in developing the requirements under subsection 7a71 the ,director of the ,national ,institute for ,standards and ,technology shall ensure that the requirements for the use cases identified as high risk shall be more strict than the requirements for the uses cases that are not high risk4 7c7 ,certification for the accuracy standards ,the head of each ,federal agency shall develop a process to ensure that1 with the exception of research and testing1 the facial recognition technology used by the ,federal agency meets the relevant requirements established under subsection 7a74 7d7 ,accuracy across demographic groups ,the requirements under subsection 7a7 shall include minimum accuracy requirements for individuals regardless of different skin tone or race1 disability status1 age1 or sex1 alone and in combination1 to ensure that facial recognition technology can accurately identify diverse individuals4 7e7 ,transparency requirements ,not later than #cj days after the date on which the requirements are developed under subsection 7a71 the ,director of the ,national ,institute for ,standards and ,technology shall make such requirements available on a public website4 #ajc4 ,requirement for procurement of facial recognition technology 7a7 ,in general ,except as provided in subsection 7c71 before a ,federal agency procures or acquires a facial recognition technology1 the ,federal agency shall-- 7#a7 publicly report testing and performance results from the ,face ,recognition ,vendor ,testing ,program of the ,national ,institute of ,standards and ,technology or other reputable testing authority in a manner that is compatible with ,global ,reporting ,initiative #ajb requirements for the facial recognition systems that the ,federal agency aims to procure or acquire2 7#b7 certify to the ,director that the technology shall meet the accuracy requirements developed under section #ajb2 and 7#c7 include the certification described in paragraph 7#a7 in the next report required under section #aja4 7b7 ,limitation on procurement of facial recognition 7#a7 ,in general ,on and after the date on which the accuracy requirements are developed under section #ajb7;a71 the head of a ,federal agency shall not procure or acquire facial recognition technology that does not meet the requirements under subsection 7a74 7#b7 ,acquisitions before development of accuracy requirements ,the head of a ,federal agency-- 7,a7 may procure or acquire facial recognition technology before the date described in paragraph 7#a72 and 7,b7 if the head of the ,federal agency procures or acquires technology described in subparagraph 7,a71 shall ensure that the technology meets the requirements under subsection 7a7 not later than #a year after the date on which the accuracy requirements are developed under section #ajb7;a74 7c7 ,exceptions ,the requirements under subsection 7a7 shall not apply to a facial recognition algorithm software update1 enhancement1 derivative1 correction1 defect1 or fix1 or research program exempted under section #ajb4 #ajd4 ,disclosure of high risk use case 7a7 ,testing and transparency for high risk use cases ,not later than #cj days after a report required under section #aja is submitted1 each ,federal agency shall report on a publicly available and easily accessible ,federal website the testing and performance results of the relevant facial recognition algorithm from the ,face ,recognition ,vendor ,testing ,program of the ,national ,institute of ,standards and ,technology or other reputable testing authority for high risk use cases4 7b7 ,updates ,each ,federal agency shall update the results published under subsection 7a7 following the identification of new high risk use cases in subsequent reports submitted under section #aja4 #aje4 ,requirement of human involvement in facial recognition technology decisionmaking 7a7 ,in general ,a ,federal agency shall not take any adverse final action to an identified or verified individual that was based on a query output from facial recognition technology deployed by that ,federal agency unless a human person has reviewed the facial recognition technology query output and documented the human involvement in the process4 7b7 ,qualifications for high risk use cases ,with respect to a high risk use case1 the individual described in subsection 7a7 shall be qualified in accordance with the relevant training standards developed by the ,face ,identification ,scientific ,working ,group for particular use cases4 #ajf4 ,united ,states person notice and opt-out for non-investigative uses of facial recognition technology 7a7 ,in general ,a ,federal agency that uses facial recognition technology for a purpose other than a criminal investigation or other security use case1 such as identity verification1 shall-- 7#a7 notify the ,united ,states person that they are or were subject to identity verification by facial recognition technology2 and 7#b7 provide the ,united ,states person an alternative method of identity verification that does not involve the use of facial recognition technology4 7b7 ,publication of opt-,out availability ,federal agencies using facial recognition technology in a manner described in subsection 7a7 shall communicate to a ,united ,states person subject to the use of facial recognition technology that the ,united ,states person can elect to verify their identity using an alternative method that does not involve the use of facial recognition technology4 7c7 ,simplicity of the opt-,out ,for ,united ,states persons that exercise the rights under subsection 7b71 ,federal agencies shall not impose a burden for opting out that is substantially greater than the person would experience by using facial recognition technology4 #ajg4 ,guarantee of ,constitutional rights ,a ,federal agency shall not use facial recognition technology to violate any rights guaranteed by the ,constitution of the ,united ,states4 #ajh4 ,database access restrictions for ,federal use of facial recognition technology ,no component1 official1 or personnel of a ,federal agency shall use facial recognition technology to access a privately owned and maintained database without prior authorization from the head of the ,federal agency1 with the exception of a database used for a research and testing program4 #aji4 ,notification for criminal defendants ,any criminal defendant1 or a counsel thereof1 identified through an investigative process that used facial recognition technology in the course of the investigation that led to identifying the defendant by the ,federal agency conducting the investigative process shall receive notice that facial recognition technology was used in the investigative process4 #aaj4 ,rule of construction for facial recognition technology that is not high risk ,nothing in this title shall be construed to diminish any ,federal requirements with respect to face recognition technology that is not classified as high risk4 #aaa4 ,limitation to civilian agencies ,nothing in this title shall apply to the ,department of ,defense or any element of the intelligence community4 ,,ii ,developing best practices for future ,federal use of facial recognition technology #bja4 ,establishment of a ,federal ,advisory ,committee on ,facial ,recognition ,technology 7a7 ,establishment ,the ,director1 in consultation with the ,secretary1 the ,director of the ,national ,institute for ,standards and ,technology1 and the head of any other ,federal agency that the ,director determines appropriate1 shall establish a ,federal advisory committee on the use of facial recognition technology to be known as the ,federal ,advisory ,committee on ,facial ,recognition ,technology to advise ,federal agencies on matters related to the use of facial recognition technology4 7b7 ,purposes of the ,advisory ,committee ,the ,advisory ,committee shall advise the ,federal agencies on-- 7#a7 opportunities to deploy facial recognition technology to improve the effectiveness of the ,federal ,government2 7#b7 the risks associated with the use of facial recognition technology in different use cases2 7#c7 the ways that ,federal agencies can improve the safety and reliability of facial recognition technology1 including through research and development funding to support face recognition technology innovation2 7#d7 the ethics of facial recognition technology and its use1 including mitigating potential bias associated with the use of facial recognition2 7#e7 protections for privacy1 civil liberties1 civil rights1 and information security when using facial recognition2 7#f7 the ways that ,federal agencies can manage1 track1 and resolve facial recognition failure rates relating to skin complexion or color2 7#g7 trends in the use of facial recognition technology2 7#h7 any necessary updates to the list of high risk use cases that should be enumerated in the biannual reports required under section #aja7;a72 7#i7 requirements for monitoring and documenting any ,federal agency use of facial recognition technology that the ,federal ,government does not own for a high risk use case2 and 7#aj7 any other safeguards necessary1 including audit and compliance procedures1 standards1 and training programs1 to ensure the safe and reliable deployment of new facial recognition systems not currently used by the ,federal ,government4 7c7 ,annual report ,not later than #a year after the date of enactment of this ,act and every year thereafter1 the ,director shall submit a report on the activities of the of the ,advisory ,committee and any guidance provided to ,federal agencies on matters related to the use of facial recognition technology to-- 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7#b7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7#c7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7#d7 the ,committee on ,oversight and ,reform of the ,house of ,representatives2 and 7#e7 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives4 #bjb4 ,membership of the ,federal ,advisory ,committee on ,facial ,recognition ,technology 7a7 ,in general ,the ,advisory ,committee shall be composed of #ag members who shall be appointed by the ,secretary in addition to the representatives listed in subsection 7c74 7b7 ,representation ,in carrying out subsection 7a71 the ,secretary shall ensure that members are appointed as follows3 7#a7 #d members from private industry1 including small businesses4 7#b7 #d members from the academic or research community who are computer scientists or otherwise primarily technical experts in the science and engineering behind facial recognition technology4 7#c7 #d members from civil society1 including individuals that advocates for privacy1 civil liberties1 or civil rights4 7#d7 #a member from the ,biometric and ,identity ,technology ,center of the ,department of ,homeland ,security4 7#e7 #a member from the ,face ,identification ,scientific ,working ,group4 7#f7 #a member from the ,face ,identification ,subcommittee of the ,organization of ,scientific ,area ,committees for ,forensic ,science of the ,national ,institute of ,standards and ,technology4 7c7 ,ex-,officio representation ,the ,advisory ,committee shall be composed of #a ex-officio representative knowledgeable in biometric risks1 benefits1 programs1 policies1 operations1 and applications from-- 7#a7 the ,national ,institute of ,standards and ,technology2 7#b7 the ,department of ,commerce2 7#c7 the ,general ,services ,administration2 7#d7 the ,department of ,justice2 7#e7 the ,department of ,homeland ,security2 7#f7 the ,department of ,state2 7#g7 the ,department of ,education2 7#h7 the ,department of ,energy2 7#i7 the ,transportation ,security ,administration2 7#aj7 the ,department of ,veterans ,affairs2 7#aa7 ,u4,s4 ,customs and ,border ,protection2 7#ab7 ,u4,s4 ,immigration and ,customs ,enforcement2 7#ac7 the ,federal ,emergency ,management ,agency2 7#ad7 the ,office of ,biometric ,identity ,management2 7#ae7 the ,national ,science ,foundation2 7#af7 the ,national ,science and ,technology ,council2 7#ag7 the ,office of ,science and ,technology ,policy2 and 7#ah7 such other ,federal agencies as the ,secretary considers appropriate4 7d7 ,chairperson ,the ,secretary shall appoint a chairperson for the ,advisory ,committee from among the members appointed under subsection 7a74 #bjc4 ,meetings of the ,federal ,advisory ,committee on ,face ,recognition ,technology 7a7 ,meetings ,the ,advisory ,committee shall meet in person1 or by telepresence1 not less frequently than twice per year4 7b7 ,powers ,in order to carry out its duties under section #bja1 the ,advisory ,committee shall-- 7#a7 hold such hearings1 sit and act at such times and places1 take such testimony1 and receive such evidence as the ,advisory ,committee considers appropriate2 7#b7 submit to ,federal agencies such recommendations as the ,advisory ,committee considers appropriate2 7#c7 issue reports1 guidelines1 and memoranda2 7#d7 hold or host conferences and symposia2 7#e7 establish subcommittees2 and 7#f7 establish rules of procedure4 7c7 ,travel expenses ,the members of the ,advisory ,committee shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of ,federal agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,advisory ,committee4 #bjd4 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary to carry out the requirements of this title4 ,,iii ,,foia #cja4 ,applicability of ,,foia ,nothing in this ,act1 or in a report produced under section #aja1 shall be construed to allow the disclosure of information or a record that is exempt from public disclosure under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act74