Facial, Accountability, Clarity, and Efficiency in Technology Act
A BILL
To establish best practices for the Federal use of facial recognition technology, and for other purposes.
Sec. 2 Definitions
In this Act—
the term Advisory Committee means the Federal Advisory Committee on Facial Recognition Technology established under section 201(a);
the term applicable congressional committee means—
the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on the Judiciary of the Senate; and
the Committee on Homeland Security, the Committee on Energy and Commerce, the Committee on Oversight and Reform, the Committee on Science, Space, and Technology, and the Committee on the Judiciary of the House of Representatives;
the term Director means the Director of the Office of Management and Budget;
the term facial recognition technology means an automated or semi-automated process of—
generating a mathematical representation of an individual’s face, known as a probe face template; and
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 threshold; or
comparing the probe face template to a specific face template of an existing image of the individual to verify their identity;
the term Federal agency has the meaning given the term agency in section 3502 of title 44, United States Code;
the term high risk, with respect to a use case, means one in which face recognition query outputs influence the decision to—
arrest or convict an individual, deny an individual access to government services to which the individual is legally entitled; or
take other action that directly impacts the fundamental rights or equal protection of that individual under the law;
the term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003);
the term Secretary means the Secretary of Homeland Security;
the term use case—
means a description of the ways and circumstances in which a technology is operated to perform a specific function; and
does not include research programs that use Institutional Review Board informed consent; and
the term security use case means the ways and circumstances in which a technology is operated to perform a specific function related to—
conducting a criminal investigation;
protecting national security;
monitoring and preventing unauthorized access to Federal buildings; or
detecting or combating fraud or other illegal activity.