Title 42The Public Health and WelfareRelease 119-73not60

§18934 Biometrics Research and Testing

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

Last updated Apr 5, 2026|Official source

Summary

The Secretary, through the Director, must set up a program to fund research and testing that measures how well biometric ID systems work, including face recognition. The goal is to help create best practices, benchmarks, methods, and voluntary technical standards to make these systems better. The Director can study things like image quality, device compatibility, contactless capture, and systems that mix people and machines. The Director will work with outside groups to agree on shared meanings for words like accuracy, fairness, bias, privacy, and consent. The program will test many kinds of biometrics (fingerprints, voice, iris, face, vein, behavior, genetics, combinations, and new types), look at privacy tools so researchers can safely use public datasets, share technical help with industry and standards groups, and create standard reference materials when needed. The Secretary, through the Director, must also run a vendor test program so companies can try their biometric technologies across different types. The Director must do regular tests to measure accuracy, effectiveness, and bias, including how systems work for different groups, with different capture devices, against attacks, with partly blocked or computer-made images, and how privacy and template protection work, plus comparing algorithm, human, and combined decisions. The Director must set ways to test software and cloud or remote systems in Institute test facilities, define standard use cases and performance rules, publish reports for the public, make policies for work with foreign entities of concern, give priority to testing technologies from U.S.-headquartered companies, and do other needed work. Not later than 18 months after August 9, 2022, the Comptroller General must give Congress a detailed public report on how biometric ID technology affects historically marginalized communities, including low-income and minority religious, racial, and ethnic groups.

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 5, 2026

Release point: 119-73not60