No Facial Recognition at the IRS Act
Bill: S.3668 | Sponsor: Sen. Merkley, Jeff (D-OR)
Policy area: Taxation

Summary:
No Facial Recognition at the IRS Act
This bill prohibits the Internal Revenue Service (IRS) from using, or contracting to use, biometric recognition technology for tax administration purposes. The bill defines biometric recognition technology as any technology that measures a biological (anatomical and physiological) or behavioral characteristic for automated recognition.
The bill requires the IRS to delete all biometric data collected for purposes of tax administration not later than 60 days after the enactment of this bill.

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

    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 ``No Facial Recognition at the IRS 
Act''.

SEC. 2. PROHIBITION ON USE OF BIOMETRIC RECOGNITION TECHNOLOGY BY 
              INTERNAL REVENUE SERVICE.

    (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new section:

``SEC. 7531. PROHIBITION ON USE OF BIOMETRIC RECOGNITION TECHNOLOGY.

    ``(a) In General.--Except as otherwise provided by law, the 
Secretary may not use, or contract to use, biometric recognition 
technology for purposes of the administration of this title.
    ``(b) Biometric.--For purposes of this section, the term `biometric 
recognition technology' means any technology that measures a biological 
(anatomical and physiological) or behavioral characteristic for 
automated recognition.''.
    (b) Clerical Amendment.--The table of sections for chapter 77 of 
the Internal Revenue Code of 1986 is amended by adding at the end the 
following new item:

``Sec. 7531. Prohibition on use of biometric recognition technology.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to filings and transactions in taxable years ending on or after 
December 31, 2021.
    (d) Disposal of Collected Information.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, the Secretary of the Treasury (or 
        such Secretary's delegate) shall ensure that all biometric data 
        collected for purposes of tax administration by the Internal 
        Revenue Service or any party contracting with the Internal 
        Revenue Service has been deleted.
            (2) Report.--
                    (A) In general.--Not later than 60 days after the 
                date of the enactment of this Act, the Secretary of the 
                Treasury (or such Secretary's delegate) shall submit to 
                the appropriate congressional committees a report on 
                the deletion of the data described in paragraph (1).
                    (B) Appropriate congressional committees.--For 
                purposes of subparagraph (A), the term ``appropriate 
                congressional committees'' means--
                            (i) the Committee on Finance of the Senate;
                            (ii) the Committee on Ways and Means of the 
                        House of Representatives;
                            (iii) the Committee on Appropriations of 
                        the Senate; and
                            (iv) the Committee on Appropriations of the 
                        House of Representatives.
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