[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 681 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 681
To prohibit biometric surveillance by the Federal Government without
explicit statutory authorization and to withhold certain Federal public
safety grants from State and local governments that engage in biometric
surveillance.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Markey (for himself, Mr. Merkley, Ms. Warren, Mr. Sanders, and Mr.
Wyden) introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit biometric surveillance by the Federal Government without
explicit statutory authorization and to withhold certain Federal public
safety grants from State and local governments that engage in biometric
surveillance.
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 ``Facial Recognition and Biometric
Technology Moratorium Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Biometric surveillance system.--The term ``biometric
surveillance system'' means any computer software that performs
facial recognition or other remote biometric recognition in
real time or on a recording or photograph.
(2) Byrne grant program.--The term ``Byrne grant program''
means the grant program authorized under subpart 1 of part E of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10151 et seq.), whether characterized as the
Edward Byrne Memorial State and Local Law Enforcement
Assistance Programs, the Local Government Law Enforcement Block
Grants Program, the Edward Byrne Memorial Justice Assistance
Grant Program, or otherwise.
(3) Facial recognition.--The term ``facial recognition''
means an automated or semi-automated process that--
(A) assists in identifying an individual, capturing
information about an individual, or otherwise
generating or assisting in generating surveillance
information about an individual based on the physical
characteristics of the individual's face; or
(B) logs characteristics of an individual's face,
head, or body to infer emotion, associations,
activities, or the location of an individual.
(4) Federal official.--The term ``Federal official'' means
any officer, employee, agent, contractor, or subcontractor of
the United States Government.
(5) In the united states.--The term ``in the United
States'' means all areas within the external boundary of the
United States, its territories and possessions, including
airports, ports of entry, and border zones.
(6) Other remote biometric recognition.--The term ``other
remote biometric recognition''--
(A) means an automated or semi-automated process
that--
(i) assists in identifying an individual,
capturing information about an individual, or
otherwise generating or assisting in generating
surveillance information about an individual
based on the characteristics of the
individual's gait or other immutable
characteristic ascertained from a distance;
(ii) uses voice recognition technology; or
(iii) logs such characteristics to infer
emotion, associations, activities, or the
location of an individual; and
(B) does not include identification based on
fingerprints or palm prints.
(7) Voice recognition technology.--The term ``voice
recognition technology'' means the automated or semi-automated
process that assists in identifying or verifying an individual
based on the characteristics of an individual's voice.
SEC. 3. PROHIBITION ON FEDERAL GOVERNMENT USE OF BIOMETRIC
SURVEILLANCE.
(a) In General.--Except as provided in subsection (b), it shall be
unlawful for any Federal agency or Federal official, in an official
capacity, to acquire, possess, access, or use in the United States--
(1) any biometric surveillance system; or
(2) information derived from a biometric surveillance
system operated by another entity.
(b) Exception.--The prohibition set forth in subsection (a) does
not apply to activities explicitly authorized by an Act of Congress
that describes, with particularity--
(1) the entities permitted to use the biometric
surveillance system, the specific type of biometric authorized,
the purposes for such use, and any prohibited uses;
(2) standards for use and management of information derived
from the biometric surveillance system, including data
retention, sharing, access, and audit trails;
(3) auditing requirements to ensure the accuracy of
biometric surveillance system technologies, standards for
minimum accuracy rates, and accuracy rates by gender, skin
color, and age;
(4) rigorous protections for due process, privacy, free
speech and association, and racial, gender, and religious
equity; and
(5) mechanisms to ensure compliance with the provisions of
the Act.
(c) Judicial Investigations and Proceedings.--
(1) Admissibility.--Except in a judicial investigation or
proceeding alleging a violation of this section, information
obtained in violation of this section is not admissible by the
Federal Government in any criminal, civil, administrative, or
other investigation or proceeding.
(2) Cause of action.--
(A) In general.--A violation of this section
constitutes an injury to any individual aggrieved by a
violation of this Act.
(B) Right to sue.--An individual described in
subparagraph (A) may institute proceedings against the
Federal Government whose official is alleged to have
violated this section for the relief described in
subparagraph (D) in any court of competent
jurisdiction.
(C) Enforcement by state attorneys general.--The
chief law enforcement officer of a State, or any other
State officer authorized by law to bring actions on
behalf of the residents of a State, may bring a civil
action, as parens patriae, on behalf of the residents
of that State in an appropriate district court of the
United States to enforce this Act, whenever the chief
law enforcement officer or other State officer has
reason to believe that the interests of the residents
of the State have been or are being threatened or
adversely affected by a violation of this Act.
(D) Relief.--In a civil action brought under
subparagraph (B) in which the plaintiff prevails, the
court may award--
(i) actual damages;
(ii) punitive damages;
(iii) reasonable attorneys' fees and costs;
and
(iv) any other relief, including injunctive
relief, that the court determines to be
appropriate.
(d) Civil Penalties.--Any Federal official who is found to have
violated this section may be subject to retraining, suspension,
termination, or any other penalty, as determined in an appropriate
tribunal, subject to applicable due process requirements.
(e) Federal Funding.--
(1) In general.--No Federal funds may be obligated or
expended by a Federal law enforcement agency for the purchase
or use of a biometric surveillance system.
(2) Unallocated funds.--No Federal agency may use any
unallocated funds appropriated to the agency for the purchase
or use of a biometric surveillance system.
(f) Rules of Construction.--Nothing in this section may be
construed--
(1) to prohibit the National Institute of Standards and
Technology (NIST) from testing or researching biometric
surveillance systems or other remote biometric recognition
technologies in commercial use; or
(2) to preempt or supersede any Federal, State, or local
law that imposes a more stringent limitation than the
limitations described in this section.
SEC. 4. MORATORIUM ON STATE AND LOCAL GOVERNMENT USE OF BIOMETRIC
SURVEILLANCE SYSTEMS.
(a) Federal Financial Assistance.--Beginning on the first day of
the first fiscal year beginning after the date of the enactment of this
Act, a State or unit of local government is ineligible to receive
Federal financial assistance under the Byrne grant program unless the
State or unit of local government is complying with a law or policy
that is substantially similar to the prohibition set forth in section
3(a).
(b) Rule of Construction.--Nothing in this section may be construed
to preempt or supersede any Federal, State, or local law that imposes a
more stringent limitation than the prohibition set forth in section
3(a).
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