FACE Protection Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 4021 To prohibit a Federal agency from using a facial recognition technology without a Federal court order, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 25, 2019 Mr. ENGEL (for himself, Ms. NORTON, Ms. VELA´ZQUEZ, Ms. HAALAND, and Mr. SERRANO) introduced the following bill; which was referred to the Committee on Oversight and Reform A BILL To prohibit a Federal agency from using a facial recognition technology without a Federal court order, and for other purposes. 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, Analysis, Com- 4 parison, and Evaluation Protection Act of 2019’’ or the 5 ‘‘FACE Protection Act of 2019’’. 6 SEC. 2. FACIAL RECOGNITION TECHNOLOGY. 7 (a) RESTRICTION.—A Federal agency may not apply 8 facial recognition technology to any photo identification 9 VerDate Sep 11 2014 04:35 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4021.IH H4021 kjohnson on DSK79L0C42 with BILLS 2 •HR 4021 IH issued by a State or the Federal Government or any other 1 photograph otherwise in the possession of a State or the 2 Federal Government unless the agency has obtained a 3 Federal court order determining that there is probable 4 cause for the application of such technology. 5 (b) PROHIBITION ON SHARING INFORMATION.—Any 6 information obtained using facial recognition technology 7 under a Federal court order may not be shared with any 8 other Federal agency or entity that has not been granted 9 permission for such use by a Federal court order. 10 (c) DEFINITIONS.—In this section: 11 (1) FACIAL RECOGNITION.—The term ‘‘facial 12 recognition’’ means an automated or semi-automated 13 process that assists in identifying or verifying an in- 14 dividual based on the physical characteristics of an 15 individual’s face geometry. 16 (2) FACIAL RECOGNITION TECHNOLOGY.—The 17 term ‘‘facial recognition technology’’ means any 18 computer software or application that performs fa- 19 cial recognition. 20 (3) FEDERAL AGENCY.—The term ‘‘Federal 21 agency’’ has the meaning given that term in section 22 102 of title 40, United States Code. 23 (4) STATE.—The term ‘‘State’’ means each of 24 the several States, the District of Columbia, each 25 VerDate Sep 11 2014 04:35 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4021.IH H4021 kjohnson on DSK79L0C42 with BILLS 3 •HR 4021 IH commonwealth, territory or possession of the United 1 States, and each federally recognized Indian Tribe. 2 Æ VerDate Sep 11 2014 04:35 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H4021.IH H4021 kjohnson on DSK79L0C42 with BILLS