I 
118TH CONGRESS 
1ST SESSION H. R. 1404 
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 HOUSE OF REPRESENTATIVES 
MARCH 7, 2023 
Ms. JAYAPAL (for herself, Ms. SCHAKOWSKY, Mr. BLUMENAUER, Mr. BOW-
MAN, Ms. BUSH, Mr. CASAR, Mr. ESPAILLAT, Ms. LEE of California, Ms. 
NORTON, Ms. PRESSLEY, and Ms. TLAIB) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committee on Oversight and Accountability, for a period to be sub-
sequently 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. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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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 character-
ized as the Edward Byrne Memorial State and Local 
Law Enforcement Assistance Programs, the Local 
Government Law Enforcement Block Grants Pro-
gram, the Edward Byrne Memorial Justice Assist-
ance 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 indi-
vidual’s face; or 
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(B) logs characteristics of an individual’s 
face, head, or body to infer emotion, associa-
tions, activities, or the location of an individual. 
(4) FEDERAL
OFFICIAL.—The term ‘‘Federal 
official’’ means any officer, employee, agent, con-
tractor, or subcontractor of the United States Gov-
ernment. 
(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
RECOGNI-
TION.—The term ‘‘other remote biometric recogni-
tion’’— 
(A) means an automated or semi-auto-
mated process that— 
(i) assists in identifying an individual, 
capturing information about an individual, 
or otherwise generating or assisting in gen-
erating surveillance information about an 
individual based on the characteristics of 
the individual’s gait or other immutable 
characteristic ascertained from a distance; 
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(ii) uses voice recognition technology; 
or 
(iii) logs such characteristics to infer 
emotion, associations, activities, or the lo-
cation 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 auto-
mated 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 sur-
veillance system operated by another entity. 
(b) EXCEPTION.—The prohibition set forth in sub-
section (a) does not apply to activities explicitly authorized 
by an Act of Congress that describes, with particularity— 
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(1) the entities permitted to use the biometric 
surveillance system, the specific type of biometric 
authorized, the purposes for such use, and any pro-
hibited uses; 
(2) standards for use and management of infor-
mation derived from the biometric surveillance sys-
tem, including data retention, sharing, access, and 
audit trails; 
(3) auditing requirements to ensure the accu-
racy 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, pri-
vacy, 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 inves-
tigation or proceeding alleging a violation of this sec-
tion, 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.— 
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(A) IN GENERAL.—A violation of this sec-
tion constitutes an injury to any individual ag-
grieved by a violation of this Act. 
(B) RIGHT
TO
SUE.—An individual de-
scribed in subparagraph (A) may institute pro-
ceedings 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 resi-
dents 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 vio-
lation of this Act. 
(D) RELIEF.—In a civil action brought 
under subparagraph (B) in which the plaintiff 
prevails, the court may award— 
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(i) actual damages; 
(ii) punitive damages; 
(iii) reasonable attorneys’ fees and 
costs; and 
(iv) any other relief, including injunc-
tive 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 re-
training, suspension, termination, or any other penalty, as 
determined in an appropriate tribunal, subject to applica-
ble 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 sur-
veillance system. 
(2) UNALLOCATED FUNDS.—No Federal agency 
may use any unallocated funds appropriated to the 
agency for the purchase or use of a biometric sur-
veillance system. 
(f) RULES OF CONSTRUCTION.—Nothing in this sec-
tion may be construed— 
(1) to prohibit the National Institute of Stand-
ards and Technology (NIST) from testing or re-
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