,,ii #aafth ,,congress #b;d ,session ,s4 #cbhd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ab1 #bjbj,mr4 ,merkley 7for himself and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to create a moratorium on the government use of facial recognition technology until a ,commission recommends the appropriate guidelines and limitation for use of facial recognition technology4 #a4 ,short title ,this ,act may be cited as the ,ethical ,use of ,facial ,recognition ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,facial recognition is a technology that is increasingly being used and marketed to law enforcement agencies across the ,united ,states without appropriate debate or consideration of its impacts4 7#b7 ,facial recognition has been shown to disproportionately impact communities of color1 activists1 immigrants1 and other groups that are often already unjustly targeted4 7#c7 ,facial recognition has a history of being inaccurate1 particularly for women1 young people1 ,african ,americans1 and other ethnic groups4 7#d7 ,there is evidence that facial recognition has been used at protests and rallies1 which could chill speech4 7#e7 ,it is critical that facial recognition not be used to suppress ,first ,amendment related activities1 violate privacy1 or otherwise adversely impact individuals' civil rights and civil liberties4 #c4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the congressional commission established under section #f4 7#b7 ,covered government official ,the term covered government official means any officer1 employee1 or contractor of a ,federal agency4 7#c7 ,facial recognition technology ,the term facial 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 face4 7#d7 ,federal agency ,the term ,federal agency has the meaning given the term agency in section #eea of title #e1 ,united ,states ,code4 7#e7 ,implementation bill ,the term implementation bill means a bill-- 7,a7 consisting of the legislative language prepared under section #f7;e77#a77;,a72 and 7,b7 introduced under section #f7;e77#a77;,b74 #d4 ,limits on use of facial recognition technology ,a covered government official may not set up any camera to be used in connection with facial recognition technology1 access or use information obtained from facial recognition technology1 or import facial recognition technology to identify an individual in the ,united ,states without a warrant until the date on which ,congress enacts legislation implementing the guidelines for use of facial recognition technology established by the ,commission under section #f4 #e4 ,enforcement 7a7 ,civil action ,any person aggrieved by a violation of section #d by a covered government official may bring a civil action for injunctive or declaratory relief in the appropriate district court of the ,united ,states4 7b7 ,limitation on ,federal grants ,notwithstanding any other provision of law1 no ,federal funds may be used by a ,state or unit of local government to invest in facial recognition software1 purchase facial recognition technology services1 or acquire images for use in facial recognition technology systems4 #f4 ,commission 7a7 ,in general ,there is established a congressional commission to consider and create guidelines for the use of facial recognition technology in the ,united ,states4 7b7 ,membership 7#a7 ,in general ,the ,commission shall be composed of #ac members1 of whom-- 7,a7 #a member shall be appointed by the ,president1 and such member shall serve as the ,chairperson of the ,commission2 7,b7 #c members shall be appointed by the majority leader of the ,senate2 7,c7 #c members shall be appointed by the minority leader of the ,senate2 7,d7 #c members shall be appointed by the ,speaker of the ,house of ,representatives2 and 7,e7 #c members shall be appointed by the minority leader of the ,house of ,representatives4 7#b7 ,expertise of members 7,a7 ,in general ,members appointed under paragraph 7#a7 shall represent each of the following groups3 7i7 ,law enforcement and immigration enforcement officials4 7ii7 ,privacy and technology experts4 7iii7 ,communities most impacted negatively by the use of facial recognition technology4 7,b7 ,requirement ,not fewer than #g members of the ,commission shall be representatives of the group described in subparagraph 7,a77iii74 7c7 ,duties ,the ,commission shall-- 7#a7 consider and create guidelines and limitations for the use of facial recognition technology in the ,united ,states to ensure that the use of such technology does not-- 7,a7 create a constant state of surveillance of individuals in the ,united ,states that does not allow for a level of reasonable anonymity2 7,b7 produce biased or inaccurate results2 7,c7 disproportionately impact a racial1 ethnic1 national origin group1 or other protected class of individuals2 7,d7 impinge on the privacy1 free speech1 or due process rights of individuals in the ,united ,states2 or 7,e7 limit the ability of law enforcement officers to track down missing and exploited children and trafficked individuals2 and 7#b7 consider and recommend the appropriate rules for governing the use and limitations on both government and commercial use of facial recognition technology1 including-- 7,a7 whether there are appropriate uses for facial recognition technology without a warrant by government officials in a private or public space2 7,b7 what are the appropriate uses and limitations for commercial use1 including what rights individuals should have relating to the data produced and the use of their likeness in facial recognition technology2 7,c7 in what circumstances1 if any1 government officials should be permitted to use facial recognition without a warrant2 7,d7 what rules should govern how and where images may be acquired through facial recognition technology1 taking into account individuals' reasonable expectations of privacy or anonymity2 7,e7 in what situations individuals should be able to opt out or required to opt in to the use of facial recognition technology2 7,f7 what safeguards need to be put in place to prevent abuse of facial recognition technology2 7,g7 what are appropriate remedies when facial recognition technology is misused2 and 7,h7 what rights individuals have relating to the data produced and the use of their likeness in facial recognition technology4 7d7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,commission shall submit a report to ,congress that contains-- 7#a7 the guidelines required to be created under subsection 7c72 7#b7 recommendations for implementation of such guidelines2 and 7#c7 any minority views or recommendations of the ,commission4 7e7 ,implementation 7#a7 ,introduction ,not later than #ij days after the date on which the report required under subsection 7d7 is submitted to ,congress-- 7,a7 ,congress shall prepare legislative language to implement the recommendations included in such report2 and 7,b7 the legislative language prepared under subparagraph 7,a7-- 7i7 shall be introduced in the ,senate 7by request7 not later than the third day on which the ,senate is in session after the date on which the ,commission approves the legislative language by the majority leader of the ,senate or by a ,member of the ,senate designated by the majority leader of the ,senate2 and 7ii7 shall be introduced in the ,house of ,representatives 7by request7 not later than the third day on which the ,house of ,representatives is in session after the date on which the ,commission approves the legislative language by the majority leader of the ,house of ,representatives or by a ,member of the ,house of ,representatives designated by the majority leader of the ,house of ,representatives4 7#b7 ,consideration in the ,house of ,representatives 7,a7 ,referral and reporting ,any committee of the ,house of ,representatives to which an implementation bill is referred shall report it to the ,house not later than #c days after the date on which the implementation bill is introduced in the ,house of ,representatives4 ,if a committee fails to report an implementation bill within that period1 it shall be in order to move that the ,house of ,representatives discharge the committee from further consideration of the bill4 ,such a motion shall not be in order after the last committee authorized to consider the bill reports it to the ,house of ,representatives or after the ,house of ,representatives has disposed of a motion to discharge the bill4 ,the previous question shall be considered as ordered on the motion to its adoption without intervening motion except #bj minutes of debate equally divided and controlled by the proponent and an opponent4 ,if such a motion is adopted1 the ,house of ,representatives shall proceed immediately to consider the implementation bill in accordance with subparagraphs 7,b7 and 7,c74 ,a motion to reconsider the vote by which the motion is disposed of shall not be in order4 7,b7 ,proceeding to consideration ,after the last committee authorized to consider an implementation bill reports it to the ,house of ,representatives or has been discharged from its consideration1 it shall be in order to move to proceed to consider the implementation bill in the ,house of ,representatives4 ,such a motion shall not be in order after the ,house of ,representatives has disposed of a motion to proceed with respect to the implementation bill4 ,the previous question shall be considered as ordered on the motion to its adoption without intervening motion4 ,a motion to reconsider the vote by which the motion is disposed of shall not be in order4 7,c7 ,consideration ,an implementation bill shall be considered as read4 ,all points of order against an implementation bill and against its consideration are waived4 ,the previous question shall be considered as ordered on an implementation bill to its passage without intervening motion except #b hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on an implementation bill4 ,a motion to reconsider the vote on passage of an implementation bill shall not be in order4 7#c7 ,expedited procedure in the senate 7,a7 ,committee consideration ,an implementation bill introduced in the ,senate under paragraph 7#a7 shall be jointly referred to the committee or committees of jurisdiction1 which committees shall report the bill and with a favorable recommendation1 an unfavorable recommendation1 or without recommendation not later than #c days after the date on which the implementation bill is introduced4 ,if any committee fails to report an implementation bill within that period1 that committee shall be automatically discharged from consideration of the bill1 and the implementation bill shall be placed on the appropriate calendar4 7,b7 ,motion to proceed ,notwithstanding rule ,,xxii of the ,standing ,rules of the ,senate1 it is in order1 not later than #c days of session after the date on which an implementation bill is reported or discharged from all committees to which it was referred1 for the majority leader of the ,senate or the majority leader's designee to move to proceed to the consideration of the implementation bill4 ,it shall also be in order for any ,member of the ,senate to move to proceed to the consideration of the implementation bill at any time after the conclusion of such #c-;day period4 ,a motion to proceed is in order even though a previous motion to the same effect has been disagreed to4 ,all points of order against the motion to proceed to an implementation bill are waived4 ,the motion to proceed is not debatable4 ,the motion is not subject to a motion to postpone4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of an implementation bill is agreed to1 the implementation bill shall remain the unfinished business until disposed of4 7,c7 ,consideration ,all points of order against an implementation bill and against consideration of the implementation bill are waived4 ,consideration of an implementation bill1 including amendments thereto1 and debatable motions and appeals in connection therewith shall not exceed a total of #cj hours which shall be divided equally between the majority and minority leaders or their designees4 ,a motion further to limit debate on an implementation bill is in order1 shall require an affirmative vote of a majority of the ,members duly chosen and sworn1 and is not debatable4 ,any debatable motion or appeal is debatable for not to exceed #a hour1 to be divided equally between those favoring and those opposing the motion or appeal4 ,all time used for consideration of an implementation bill1 including time used for quorum calls and voting1 shall be counted against the total #cj hours of consideration4 7,d7 ,limitations on consideration ,a motion to postpone1 or a motion to recommit the implementation bill or a motion to proceed to the consideration of other business is not in order4 7,e7 ,rulings of the chair on procedure ,appeals from the decisions of the ,chair relating to the application of the rules of the ,senate1 as the case may be1 to the procedure relating to an implementation bill shall be decided without debate4 7#d7 ,consideration by the other house 7,a7 ,in general ,if1 before passing an implementation bill1 one ,house receives from the other the implementation bill-- 7i7 the implementation bill of the other ,house shall be referred to a committee2 and 7ii7 the procedure in the receiving ,house shall be the same as if no implementation bill had been received from the other ,house4 7#e7 ,rules to coordinate action with other house 7,a7 ,treatment of implementation bill of other house ,if the ,senate fails to introduce or consider an implementation bill under this section1 the implementation bill of the ,house of ,representatives shall be entitled to expedited floor procedures under this section4 7,b7 ,treatment of companion measures in the ,senate ,if following passage of an implementation bill in the ,senate1 the ,senate then receives the implementation bill from the ,house of ,representatives1 the ,house-passed implementation bill shall not be debatable4 ,the vote on passage of the implementation bill in the ,senate shall be considered to be the vote on passage of the implementation bill received from the ,house of ,representatives4 7#f7 ,vetoes ,if the ,president vetoes an implementation bill1 debate on a veto message in the ,senate under this section shall be #a hour equally divided between the majority and minority leaders or their designees4