I

116TH CONGRESS
2D SESSION     H. R. 7356

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 HOUSE OF REPRESENTATIVES
JUNE 25, 2020
Ms. JAYAPAL (for herself, Ms. PRESSLEY, Ms. TLAIB, and Ms. CLARKE of
New York) introduced the following bill; which was referred to the Committee
on the Judiciary, and in addition to the Committee on Oversight
and Reform, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the jurisdiction
of the committee concerned

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.
1     Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4     This Act may be cited as the ''Facial Recognition and
pamtmann on DSKBC07HB2PROD with BILLS                            5   Biometric Technology Moratorium Act of 2020''.
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1 SEC. 2. DEFINITIONS.
2     In this Act:
3         (1) BIOMETRIC SURVEILLANCE SYSTEM.The
4     term ''biometric surveillance system'' means any
5     computer software that performs facial recognition
6     or other remote biometric recognition in real time or
7     on a recording or photograph.
8         (2)  BYRNE  GRANT  PROGRAM.The  term
9     ''Byrne grant program'' means the grant program
10     authorized under subpart 1 of part E of title I of
11     the Omnibus Crime Control and Safe Streets Act of
12     1968 (34 U.S.C. 10151 et seq.), whether character-
13     ized as the Edward Byrne Memorial State and Local
14     Law Enforcement Assistance Programs, the Local
15     Government Law Enforcement Block Grants Pro-
16     gram, the Edward Byrne Memorial Justice Assist-
17     ance Grant Program, or otherwise.
18         (3) FACIAL RECOGNITION.The term ''facial
19     recognition'' means an automated or semi-automated
20     process that
21             (A) assists in identifying an individual,
22         capturing information about an individual, or
23         otherwise generating or assisting in generating
pamtmann on DSKBC07HB2PROD with BILLS                          24                 surveillance   information   about   an   individual
25         based on the physical characteristics of the indi-
26         vidual's face; or
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1             (B) logs characteristics of an individual's
2         face, head, or body to infer emotion, associa-
3         tions, activities, or the location of an individual.
4         (4) FEDERAL OFFICIAL.The term ''Federal
5     official'' means any officer, employee, agent, con-
6     tractor, or subcontractor of the Federal Government.
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.
12         (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
22             the individual's gait or other immutable
23             characteristic ascertained from a distance;
pamtmann on DSKBC07HB2PROD with BILLS                          24                               (ii) uses voice recognition technology;
25             or

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1                 (iii) logs such characteristics to infer
2             emotion, associations, activities, or the lo-
3             cation of an individual; and
4             (B) does not include identification based
5         on fingerprints or palm prints.
6         (7) VOICE RECOGNITION TECHNOLOGY.The
7     term ''voice recognition technology'' means the auto-
8     mated or semi-automated process that assists in
9     identifying or verifying an individual based on the
10     characteristics of an individual's voice.
11 SEC. 3. PROHIBITION ON FEDERAL GOVERNMENT USE OF
12            BIOMETRIC SURVEILLANCE.
13     (a) IN GENERAL.Except as provided in subsection
14 (b), it shall be unlawful for any Federal agency or Federal
15 official, in an official capacity, to acquire, possess, access,
16 or use in the United States
17         (1) any biometric surveillance system; or
18         (2) information derived from a biometric sur-
19     veillance system operated by another entity.
20     (b) EXCEPTION.The prohibition set forth in sub-
21 section (a) does not apply to activities explicitly authorized
22 by an Act of Congress that describes, with particularity
23         (1) the entities permitted to use the biometric
pamtmann on DSKBC07HB2PROD with BILLS                          24          surveillance  system,  the  specific  type  of  biometric
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1     authorized, the purposes for such use, and any pro-
2     hibited uses;
3         (2) standards for use and management of infor-
4     mation derived from the biometric surveillance sys-
5     tem, including data retention, sharing, access, and
6     audit trails;
7         (3) auditing requirements to ensure the accu-
8     racy of biometric surveillance system technologies,
9     standards for minimum accuracy rates, and accuracy
10     rates by gender, skin color, and age;
11         (4) rigorous protections for due process, pri-
12     vacy, free speech and association, and racial, gender,
13     and religious equity; and
14         (5) mechanisms to ensure compliance with the
15     provisions of the Act.
16     (c) JUDICIAL INVESTIGATIONS AND PROCEEDINGS.
17         (1) ADMISSIBILITY.Except in a judicial inves-
18     tigation or proceeding alleging a violation of this sec-
19     tion, information obtained in violation of this section
20     is not admissible by the Federal Government in any
21     criminal, civil, administrative, or other investigation
22     or proceeding.
23         (2) CAUSE OF ACTION.
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1             (A) IN GENERAL.A violation of this sec-
2         tion constitutes an injury to any individual ag-
3         grieved by a violation of this Act.
4             (B) RIGHT TO SUE.An individual de-
5         scribed in subparagraph (A) may institute pro-
6         ceedings against the Federal Government whose
7         official is alleged to have violated this section
8         for the relief described in subparagraph (D) in
9         any court of competent jurisdiction.
10             (C) ENFORCEMENT BY STATE ATTORNEYS 
11         GENERAL.The chief law enforcement officer
12         of a State, or any other State officer authorized
13         by law to bring actions on behalf of the resi-
14         dents of a State, may bring a civil action, as
15         parens patriae, on behalf of the residents of
16         that State in an appropriate district court of
17         the United States to enforce this Act, whenever
18         the chief law enforcement officer or other State
19         officer has reason to believe that the interests
20         of the residents of the State have been or are
21         being threatened or adversely affected by a vio-
22         lation of this Act.
23             (D) RELIEF.In a civil action brought
pamtmann on DSKBC07HB2PROD with BILLS                          24                 under subparagraph (B) in which the plaintiff
25         prevails, the court may award

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1                 (i) actual damages;
2                 (ii) punitive damages;
3                 (iii)  reasonable  attorneys'  fees  and
4             costs; and
5                 (iv) any other relief, including injunc-
6             tive relief, that the court determines to be
7             appropriate.
8     (d) CIVIL PENALTIES.Any Federal official who is
9 found to have violated this section may be subject to re-
10 training, suspension, termination, or any other penalty, as
11 determined in an appropriate tribunal, subject to applica-
12 ble due process requirements.
13     (e) FEDERAL FUNDING.
14         (1) IN GENERAL.No Federal funds may be
15     obligated or expended by a Federal law enforcement
16     agency for the purchase or use of a biometric sur-
17     veillance system.
18         (2) UNALLOCATED FUNDS.No Federal agency
19     may use any unallocated funds appropriated to the
20     agency for the purchase or use of a biometric sur-
21     veillance system.
22     (f) RULES OF CONSTRUCTION.Nothing in this sec-
23 tion may be construed
pamtmann on DSKBC07HB2PROD with BILLS                          24                 (1) to prohibit the National Institute of Stand-
25     ards and Technology (NIST) from testing or re-

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1     searching biometric surveillance systems or other re-
2     mote biometric recognition technologies in commer-
3     cial use; or
4         (2) to preempt or supersede any Federal, State,
5     or local law that imposes a more stringent limitation
6     than the limitations described in this section.
7 SEC. 4. MORATORIUM ON STATE AND LOCAL GOVERNMENT
8            USE OF BIOMETRIC SURVEILLANCE SYSTEMS.
9     (a) FEDERAL FINANCIAL ASSISTANCE.Beginning
10 on the first day of the first fiscal year beginning after the
11 date of the enactment of this Act, a State or unit of local
12 government is ineligible to receive Federal financial assist-
13 ance under the Byrne grant program unless the State or
14 unit of local government is complying with a law or policy
15 that is substantially similar to the prohibition set forth
16 in section 3(a).
17     (b) RULE OF CONSTRUCTION.Nothing in this sec-
18 tion may be construed to preempt or supersede any Fed-
19 eral, State, or local law that imposes a more stringent lim-
20 itation than the prohibition set forth in section 3(a).

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