Title 42The Public Health and WelfareRelease 119-73

§18934 Biometrics research and testing

Title 42 › Chapter CHAPTER 163— - RESEARCH AND DEVELOPMENT, COMPETITION, AND INNOVATION › Subchapter SUBCHAPTER II— - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY FOR THE FUTURE › Part Part A— - Measurement Research › § 18934

Last updated Apr 6, 2026|Official source

Summary

Creates a program for the Secretary, through the Director, to study and test biometric ID systems like facial recognition. The program must do research to measure and improve how these systems work. It can study things like image quality, device types, contactless capture, human-in-the-loop processes, and how well systems work together. The Director must bring together people from different groups to agree on common terms such as accuracy, fairness, bias, privacy, and consent. The work covers many biometric types (fingerprints, voice, iris, face, vein, behavior, genetics, multimodal, and new methods). The program will also look at privacy tools for sharing public data, share expertise with industry and standards groups, and create reference materials needed for voluntary technical standards. The Secretary, through the Director, must also run a testing program so vendors can try their biometric technologies. That program will do regular tests and research to check accuracy, effectiveness, and bias, including effects of demographics, capture devices, spoofing, partly blocked or computer-made images, privacy and security protections, template protection, de-identification, and comparisons of algorithm, human, and combined performance. It will develop methods for testing software and cloud/remote systems, set common use cases and performance measures, publish plain-language reports, make rules for working with a “foreign entity of concern” (see section 19221), and prioritize U.S.-headquartered vendors. The Comptroller General must, within 18 months after August 9, 2022, report to Congress on how these technologies affect historically marginalized communities (including low-income and minority religious, racial, and ethnic groups) and post that report online.

Full Legal Text

Title 42, §18934

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Secretary, acting through the Director, shall establish a program to support measurement research to inform the development of best practices, benchmarks, methodologies, procedures, and voluntary, consensus-based technical standards for biometric identification systems, including facial recognition systems, to assess and improve the performance of such systems. In carrying out such program, the Director may—
(1)conduct measurement research to support efforts to improve the performance of biometric identification systems, including in areas related to conformity assessment, image quality and interoperability, contactless biometric capture technologies, and human-in-the-loop biometric identification systems and processes;
(2)convene and engage with relevant stakeholders to establish common definitions and characterizations for biometric identification systems, which may include accuracy, fairness, bias, privacy, consent, and other properties, taking into account definitions in relevant international technical standards and other publications;
(3)carry out measurement research and testing on a range of biometric modalities, such as fingerprints, voice, iris, face, vein, behavioral biometrics, genetics, multimodal biometrics, and emerging applications of biometric identification technology;
(4)study the use of privacy-enhancing technologies and other technical protective controls to facilitate access, as appropriate, to public data sets for biometric research;
(5)conduct outreach and coordination to share technical expertise with relevant industry and nonindustry stakeholders and standards development organizations to assist such entities in the development of best practices and voluntary technical standards; and
(6)develop such standard reference artifacts as the Director determines is necessary to further the development of such voluntary technical standards.
(b)(1)The Secretary, acting through the Director, shall carry out a test program to provide biometrics vendors the opportunity to test biometric identification technologies across a range of modalities.
(2)In carrying out the program under this subsection, the Director shall—
(A)conduct research and regular testing to improve and benchmark the accuracy, efficacy, and bias of biometric identification technologies, which may include research and testing on demographic variations, capture devices, presentation attack detection, partially occluded or computer generated images, privacy and security designs and controls, template protection, de-identification, and comparison of algorithm, human, and combined algorithm-human recognition capability;
(B)develop an approach for testing software and cloud-based biometrics applications, including remote systems, in Institute test facilities;
(C)establish reference use cases for biometric identification technologies and performance criteria for assessing each use case, including accuracy, efficacy, and bias metrics;
(D)produce public-facing reports of the findings from such testing for a general audience;
(E)develop policies and procedures accounting for the legal and social implications of activities under this paragraph when working with a foreign entity of concern (as such term is defined in section 19221 of this title);
(F)establish procedures to prioritize testing of biometrics identification technologies developed by entities headquartered in the United States; and
(G)conduct such other activities as determined necessary by the Director.
(c)Not later than 18 months after August 9, 2022, the Comptroller General of the United States shall submit a detailed report to Congress on the impact of biometric identification technologies on historically marginalized communities, including low-income communities and minority religious, racial, and ethnic groups. Such report should be made publicly available on an internet website.

Reference

Citations & Metadata

Citation

42 U.S.C. § 18934

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73