Facial Recognition and Biometric Technology Moratorium Act of 2021
Bill: S.2052 | Sponsor: Sen. Markey, Edward J. (D-MA)
Policy area: Armed Forces and National Security

Summary:
Facial Recognition and Biometric Technology Moratorium Act of 2021
This bill imposes limits on the use of biometric surveillance systems, such as facial recognition systems, by federal and state government entities.
A federal agency or official may not in an official capacity acquire, possess, or use in the United States any such system or information obtained by such a system unless Congress passes an act that specifically authorizes such a use. Such an act of Congress must contain certain provisions, such as provisions naming the specific authorized entity and auditing requirements relating to the system.
Information obtained in violation of this bill shall not be admissible by the federal government in any proceeding or investigation, except in a proceeding alleging a violation of this bill.
An individual aggrieved by a violation of these restrictions shall have the right to sue. Any state officer authorized to sue on behalf of the state's residents shall also have the right to sue on behalf of the state's aggrieved residents.
A state or local government unit shall not receive certain federal law enforcement grants unless the government unit complies with a law or policy that is substantially similar to this bill's restrictions on acquiring and using biometric surveillance systems.

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 Representatives 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 2021''.

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 characterized as the 
        Edward Byrne Memorial State and Local Law Enforcement 
        Assistance Programs, the Local Government Law Enforcement Block 
        Grants Program, the Edward Byrne Memorial Justice Assistance 
        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 individual's face; or
                    (B) logs characteristics of an individual's face, 
                head, or body to infer emotion, associations, 
                activities, or the location of an individual.
            (4) Federal official.--The term ``Federal official'' means 
        any officer, employee, agent, contractor, or subcontractor of 
        the Federal Government.
            (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 recognition.--The term ``other 
        remote biometric recognition''--
                    (A) means an automated or semi-automated process 
                that--
                            (i) 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 characteristics of the 
                        individual's gait or other immutable 
                        characteristic ascertained from a distance;
                            (ii) uses voice recognition technology; or
                            (iii) logs such characteristics to infer 
                        emotion, associations, activities, or the 
                        location 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 automated 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 surveillance 
        system operated by another entity.
    (b) Exception.--The prohibition set forth in subsection (a) does 
not apply to activities explicitly authorized by an Act of Congress 
that describes, with particularity--
            (1) the entities permitted to use the biometric 
        surveillance system, the specific type of biometric authorized, 
        the purposes for such use, and any prohibited uses;
            (2) standards for use and management of information derived 
        from the biometric surveillance system, including data 
        retention, sharing, access, and audit trails;
            (3) auditing requirements to ensure the accuracy 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, privacy, 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 investigation or 
        proceeding alleging a violation of this section, 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.--
                    (A) In general.--A violation of this section 
                constitutes an injury to any individual aggrieved by a 
                violation of this Act.
                    (B) Right to sue.--An individual described in 
                subparagraph (A) may institute proceedings 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 residents 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 violation of this Act.
                    (D) Relief.--In a civil action brought under 
                subparagraph (B) in which the plaintiff prevails, the 
                court may award--
                            (i) actual damages;
                            (ii) punitive damages;
                            (iii) reasonable attorneys' fees and costs; 
                        and
                            (iv) any other relief, including injunctive 
                        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 retraining, suspension, 
termination, or any other penalty, as determined in an appropriate 
tribunal, subject to applicable 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 surveillance system.
            (2) Unallocated funds.--No Federal agency may use any 
        unallocated funds appropriated to the agency for the purchase 
        or use of a biometric surveillance system.
    (f) Rules of Construction.--Nothing in this section may be 
construed--
            (1) to prohibit the National Institute of Standards and 
        Technology (NIST) from testing or researching biometric 
        surveillance systems or other remote biometric recognition 
        technologies in commercial use; or
            (2) to preempt or supersede any Federal, State, or local 
        law that imposes a more stringent limitation than the 
        limitations described in this section.

SEC. 4. MORATORIUM ON STATE AND LOCAL GOVERNMENT USE OF BIOMETRIC 
              SURVEILLANCE SYSTEMS.

    (a) Federal Financial Assistance.--Beginning on the first day of 
the first fiscal year beginning after the date of the enactment of this 
Act, a State or unit of local government is ineligible to receive 
Federal financial assistance under the Byrne grant program unless the 
State or unit of local government is complying with a law or policy 
that is substantially similar to the prohibition set forth in section 
3(a).
    (b) Rule of Construction.--Nothing in this section may be construed 
to preempt or supersede any Federal, State, or local law that imposes a 
more stringent limitation than the prohibition set forth in section 
3(a).
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