What This Bill Does
This bill stops federal agencies and workers from using biometric surveillance systems (technology that identifies people using facial features, body movements, voice patterns, or similar traits) without a specific law from Congress allowing it. The bill also withholds federal grant money from state and local governments that use biometric surveillance systems, unless they pass laws stopping this practice.
Who It Affects
Federal agencies and federal employees, state governments, local governments, individuals who believe their rights were violated by federal biometric surveillance, and state attorneys general (top law enforcement officers).
Key Provisions
• Federal agencies and workers cannot buy, own, access, or use biometric surveillance systems in the United States unless Congress passes a specific law allowing it with detailed rules about who can use it, what type, and for what purpose (Sec. 3(a)).
• Congress can allow federal biometric surveillance only if a law includes standards for accuracy testing by gender, skin color, and age, and includes strong protections for privacy, free speech, and fair treatment (Sec. 3(b)).
• Information obtained by the federal government through illegal biometric surveillance cannot be used as evidence in criminal, civil, or other investigations (Sec. 3(c)).
• States and cities that use biometric surveillance systems lose eligibility for federal public safety grant money through the Byrne grant program (Sec. 4(a)).
• Federal law enforcement agencies cannot spend federal money to purchase or use biometric surveillance systems (Sec. 3(e)).
What Changes
Federal agencies must stop acquiring or using biometric surveillance systems immediately unless Congress specifically authorizes them. States and cities must ban or limit biometric surveillance to keep receiving federal public safety grants. Individuals harmed by illegal federal biometric surveillance can sue the federal government for money damages and attorney fees.
Important Definitions
• Biometric surveillance system: Computer software that identifies people using facial recognition or other remote biometric recognition in real time or on recordings or photographs (Sec. 2(1)).
• Facial recognition: An automated or semi-automated system that identifies people or generates surveillance information based on face physical characteristics, or that logs face, head, or body characteristics to figure out emotion, where someone is, or what they are doing (Sec. 2(3)).
• Other remote biometric recognition: Automated or semi-automated systems that identify people based on how they walk or other unchangeable characteristics visible from a distance, use voice recognition, or log these characteristics to infer emotion, location, or activities, but does not include fingerprint or palm print identification (Sec. 2(6)).
• Voice recognition technology: Automated or semi-automated process that identifies or verifies people based on voice characteristics (Sec. 2(7)).
• Federal official: Any officer, employee, agent, contractor, or subcontractor of the federal government (Sec. 2(4)).
• Byrne grant program: Federal grant money authorized under the Omnibus Crime Control and Safe Streets Act of 1968, also known as Edward Byrne Memorial State and Local Law Enforcement Assistance Programs or Local Government Law Enforcement Block Grants Program (Sec. 2(2)).
Effective Date
Beginning on the first day of the first fiscal year beginning after the date the bill becomes law (Sec. 4(a)).
II
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 surveil-
lance.
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 re-
ferred 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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Facial Recognition and
4
Biometric Technology Moratorium Act of 2023’’.
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SEC. 2. DEFINITIONS.
6
In this Act:
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•S 681 IS
(1) BIOMETRIC SURVEILLANCE SYSTEM.—The
1
term ‘‘biometric surveillance system’’ means any
2
computer software that performs facial recognition
3
or other remote biometric recognition in real time or
4
on a recording or photograph.
5
(2)
BYRNE
GRANT
PROGRAM.—The
term
6
‘‘Byrne grant program’’ means the grant program
7
authorized under subpart 1 of part E of title I of
8
the Omnibus Crime Control and Safe Streets Act of
9
1968 (34 U.S.C. 10151 et seq.), whether character-
10
ized as the Edward Byrne Memorial State and Local
11
Law Enforcement Assistance Programs, the Local
12
Government Law Enforcement Block Grants Pro-
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gram, the Edward Byrne Memorial Justice Assist-
14
ance Grant Program, or otherwise.
15
(3) FACIAL
RECOGNITION.—The term ‘‘facial
16
recognition’’ means an automated or semi-automated
17
process that—
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(A) assists in identifying an individual,
19
capturing information about an individual, or
20
otherwise generating or assisting in generating
21
surveillance information about an individual
22
based on the physical characteristics of the indi-
23
vidual’s face; or
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•S 681 IS
(B) logs characteristics of an individual’s
1
face, head, or body to infer emotion, associa-
2
tions, activities, or the location of an individual.
3
(4) FEDERAL
OFFICIAL.—The term ‘‘Federal
4
official’’ means any officer, employee, agent, con-
5
tractor, or subcontractor of the United States Gov-
6
ernment.
7
(5) IN THE UNITED STATES.—The term ‘‘in the
8
United States’’ means all areas within the external
9
boundary of the United States, its territories and
10
possessions, including airports, ports of entry, and
11
border zones.
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(6) OTHER
REMOTE
BIOMETRIC
RECOGNI-
13
TION.—The term ‘‘other remote biometric recogni-
14
tion’’—
15
(A) means an automated or semi-auto-
16
mated process that—
17
(i) assists in identifying an individual,
18
capturing information about an individual,
19
or otherwise generating or assisting in gen-
20
erating surveillance information about an
21
individual based on the characteristics of
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the individual’s gait or other immutable
23
characteristic ascertained from a distance;
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•S 681 IS
(ii) uses voice recognition technology;
1
or
2
(iii) logs such characteristics to infer
3
emotion, associations, activities, or the lo-
4
cation of an individual; and
5
(B) does not include identification based
6
on fingerprints or palm prints.
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(7) VOICE
RECOGNITION
TECHNOLOGY.—The
8
term ‘‘voice recognition technology’’ means the auto-
9
mated or semi-automated process that assists in
10
identifying or verifying an individual based on the
11
characteristics of an individual’s voice.
12
SEC. 3. PROHIBITION ON FEDERAL GOVERNMENT USE OF
13
BIOMETRIC SURVEILLANCE.
14
(a) IN GENERAL.—Except as provided in subsection
15
(b), it shall be unlawful for any Federal agency or Federal
16
official, in an official capacity, to acquire, possess, access,
17
or use in the United States—
18
(1) any biometric surveillance system; or
19
(2) information derived from a biometric sur-
20
veillance system operated by another entity.
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(b) EXCEPTION.—The prohibition set forth in sub-
22
section (a) does not apply to activities explicitly authorized
23
by an Act of Congress that describes, with particularity—
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•S 681 IS
(1) the entities permitted to use the biometric
1
surveillance system, the specific type of biometric
2
authorized, the purposes for such use, and any pro-
3
hibited uses;
4
(2) standards for use and management of infor-
5
mation derived from the biometric surveillance sys-
6
tem, including data retention, sharing, access, and
7
audit trails;
8
(3) auditing requirements to ensure the accu-
9
racy of biometric surveillance system technologies,
10
standards for minimum accuracy rates, and accuracy
11
rates by gender, skin color, and age;
12
(4) rigorous protections for due process, pri-
13
vacy, free speech and association, and racial, gender,
14
and religious equity; and
15
(5) mechanisms to ensure compliance with the
16
provisions of the Act.
17
(c) JUDICIAL INVESTIGATIONS AND PROCEEDINGS.—
18
(1) ADMISSIBILITY.—Except in a judicial inves-
19
tigation or proceeding alleging a violation of this sec-
20
tion, information obtained in violation of this section
21
is not admissible by the Federal Government in any
22
criminal, civil, administrative, or other investigation
23
or proceeding.
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(2) CAUSE OF ACTION.—
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•S 681 IS
(A) IN GENERAL.—A violation of this sec-
1
tion constitutes an injury to any individual ag-
2
grieved by a violation of this Act.
3
(B) RIGHT
TO
SUE.—An individual de-
4
scribed in subparagraph (A) may institute pro-
5
ceedings against the Federal Government whose
6
official is alleged to have violated this section
7
for the relief described in subparagraph (D) in
8
any court of competent jurisdiction.
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(C) ENFORCEMENT BY STATE ATTORNEYS
10
GENERAL.—The chief law enforcement officer
11
of a State, or any other State officer authorized
12
by law to bring actions on behalf of the resi-
13
dents of a State, may bring a civil action, as
14
parens patriae, on behalf of the residents of
15
that State in an appropriate district court of
16
the United States to enforce this Act, whenever
17
the chief law enforcement officer or other State
18
officer has reason to believe that the interests
19
of the residents of the State have been or are
20
being threatened or adversely affected by a vio-
21
lation of this Act.
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(D) RELIEF.—In a civil action brought
23
under subparagraph (B) in which the plaintiff
24
prevails, the court may award—
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•S 681 IS
(i) actual damages;
1
(ii) punitive damages;
2
(iii) reasonable attorneys’ fees and
3
costs; and
4
(iv) any other relief, including injunc-
5
tive relief, that the court determines to be
6
appropriate.
7
(d) CIVIL PENALTIES.—Any Federal official who is
8
found to have violated this section may be subject to re-
9
training, suspension, termination, or any other penalty, as
10
determined in an appropriate tribunal, subject to applica-
11
ble due process requirements.
12
(e) FEDERAL FUNDING.—
13
(1) IN GENERAL.—No Federal funds may be
14
obligated or expended by a Federal law enforcement
15
agency for the purchase or use of a biometric sur-
16
veillance system.
17
(2) UNALLOCATED FUNDS.—No Federal agency
18
may use any unallocated funds appropriated to the
19
agency for the purchase or use of a biometric sur-
20
veillance system.
21
(f) RULES OF CONSTRUCTION.—Nothing in this sec-
22
tion may be construed—
23
(1) to prohibit the National Institute of Stand-
24
ards and Technology (NIST) from testing or re-
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•S 681 IS
searching biometric surveillance systems or other re-
1
mote biometric recognition technologies in commer-
2
cial use; or
3
(2) to preempt or supersede any Federal, State,
4
or local law that imposes a more stringent limitation
5
than the limitations described in this section.
6
SEC. 4. MORATORIUM ON STATE AND LOCAL GOVERNMENT
7
USE OF BIOMETRIC SURVEILLANCE SYSTEMS.
8
(a) FEDERAL FINANCIAL ASSISTANCE.—Beginning
9
on the first day of the first fiscal year beginning after the
10
date of the enactment of this Act, a State or unit of local
11
government is ineligible to receive Federal financial assist-
12
ance under the Byrne grant program unless the State or
13
unit of local government is complying with a law or policy
14
that is substantially similar to the prohibition set forth
15
in section 3(a).
16
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
17
tion may be construed to preempt or supersede any Fed-
18
eral, State, or local law that imposes a more stringent lim-
19
itation than the prohibition set forth in section 3(a).
20
Æ
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