II 

117TH CONGRESS 

2D SESSION S. 3668 

To amend the Internal Revenue Code of 1986 to prohibit the Internal Revenue Service from using biometric recognition technology, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 16, 2022 

Mr. MERKLEY (for himself and Mr. BLUNT) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to prohibit 

the Internal Revenue Service from using biometric recognition technology, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Facial Recognition 

5 at the IRS Act’’. 


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1 SEC. 2. PROHIBITION ON USE OF BIOMETRIC RECOGNITION 

2 TECHNOLOGY BY INTERNAL REVENUE SERV3 ICE. 

4 (a) IN GENERAL.—Chapter 77 of the Internal Rev5 enue Code of 1986 is amended by adding at the end the 

6 following new section: 

7 ‘‘SEC. 7531. PROHIBITION ON USE OF BIOMETRIC RECOGNI8 TION TECHNOLOGY. 

9 ‘‘(a) IN GENERAL.—Except as otherwise provided by 

10 law, the Secretary may not use, or contract to use, biomet11 ric recognition technology for purposes of the administra12 tion of this title. 

13 ‘‘(b) BIOMETRIC.—For purposes of this section, the 

14 term ‘biometric recognition technology’ means any tech15 nology that measures a biological (anatomical and physio16 logical) or behavioral characteristic for automated recogni17 tion.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 for chapter 77 of the Internal Revenue Code of 1986 is 

20 amended by adding at the end the following new item: 

‘‘Sec. 7531. Prohibition on use of biometric recognition technology.’’. 

21 (c) EFFECTIVE DATE.—The amendments made by 

22 this section shall apply to filings and transactions in tax23 able years ending on or after December 31, 2021. 

24 (d) DISPOSAL OF COLLECTED INFORMATION.— 


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1 (1) IN GENERAL.—Not later than 60 days after 

2 the date of the enactment of this Act, the Secretary 

3 of the Treasury (or such Secretary’s delegate) shall 

4 ensure that all biometric data collected for purposes 

5 of tax administration by the Internal Revenue Serv6 ice or any party contracting with the Internal Rev7 enue Service has been deleted. 

8 (2) REPORT.— 

9 (A) IN GENERAL.—Not later than 60 days 

10 after the date of the enactment of this Act, the 

11 Secretary of the Treasury (or such Secretary’s 

12 delegate) shall submit to the appropriate con13 gressional committees a report on the deletion 

14 of the data described in paragraph (1). 

15 (B) APPROPRIATE CONGRESSIONAL COM16 MITTEES.—For purposes of subparagraph (A), 

17 the term ‘‘appropriate congressional commit18 tees’’ means— 

19 (i) the Committee on Finance of the 

20 Senate; 

21 (ii) the Committee on Ways and 

22 Means of the House of Representatives; 

23 (iii) the Committee on Appropriations 

24 of the Senate; and 


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1 (iv) the Committee on Appropriations 

2 of the House of Representatives. 

Æ 


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