H.R. 4021 — Introduced in House

I 116th CONGRESS 1st Session H. R. 4021 IN THE HOUSE OF REPRESENTATIVES July 25, 2019Mr. Engel (for himself, Ms. Norton, Ms. Velázquez, Ms. Haaland, and Mr. Serrano) introduced the following bill; which was referred to the Committee on Oversight and Reform A BILL To prohibit a Federal agency from using a facial recognition technology without a Federal court order, and for other purposes. 1. Short title This Act may be cited as the Facial, Analysis, Comparison, and Evaluation Protection Act of 2019 or the FACE Protection Act of 2019. 2. Facial recognition technology (a) Restriction A Federal agency may not apply facial recognition technology to any photo identification issued by a State or the Federal Government or any other photograph otherwise in the possession of a State or the Federal Government unless the agency has obtained a Federal court order determining that there is probable cause for the application of such technology. (b) Prohibition on sharing information Any information obtained using facial recognition technology under a Federal court order may not be shared with any other Federal agency or entity that has not been granted permission for such use by a Federal court order. (c) Definitions In this section: (1) Facial recognition The term facial recognition means an automated or semi-automated process that assists in identifying or verifying an individual based on the physical characteristics of an individual’s face geometry. (2) Facial recognition technology The term facial recognition technology means any computer software or application that performs facial recognition. (3) Federal agency The term Federal agency has the meaning given that term in section 102 of title 40, United States Code. (4) State The term State means each of the several States, the District of Columbia, each commonwealth, territory or possession of the United States, and each federally recognized Indian Tribe.