,,ii #aafth ,,congress #b;d ,session ,s4 #djhd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #be1 #bjbj,mr4 ,markey 7for himself and ,mr4 ,merkley7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,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 surveillance4 #a4 ,short title ,this ,act may be cited as the ,facial ,recognition and ,biometric ,technology ,moratorium ,act of #bjbj4 #b4 ,definitions ,in this ,act3 7#a7 ,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 photograph4 7#b7 ,byrne grant program ,the term ,byrne grant program means the grant program authorized under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq471 whether characterized as the ,edward ,byrne ,memorial ,state and ,local ,law ,enforcement ,assistance ,programs1 the ,local ,government ,law ,enforcement ,block ,grants ,program1 the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program1 or otherwise4 7#c7 ,facial recognition ,the term facial recognition means an automated or semi-automated process that-- 7,a7 assists in identifying an individual1 capturing information about an individual1 or otherwise generating or assisting in generating surveillance information about an individual based on the physical characteristics of the individual's face2 or 7,b7 logs characteristics of an individual's face1 head1 or body to infer emotion1 associations1 activities1 or the location of an individual4 7#d7 ,federal official ,the term ,federal official means any officer1 employee1 agent1 contractor1 or subcontractor of the ,federal ,government4 7#e7 ,in the ,united ,states ,the term in the ,united ,states means all areas within the external boundary of the ,united ,states1 its territories and possessions1 including airports1 ports of entry1 and border zones4 7#f7 ,other remote biometric recognition ,the term other remote biometric recognition-- 7,a7 means an automated or semi-automated process that-- 7i7 assists in identifying an individual1 capturing information about an individual1 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 distance2 7ii7 uses voice recognition technology2 or 7iii7 logs such characteristics to infer emotion1 associations1 activities1 or the location of an individual2 and 7,b7 does not include identification based on fingerprints or palm prints4 7#g7 ,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 voice4 #c4 ,prohibition on ,federal ,government use of biometric surveillance 7a7 ,in general ,except as provided in subsection 7b71 it shall be unlawful for any ,federal agency or ,federal official1 in an official capacity1 to acquire1 possess1 access1 or use in the ,united ,states-- 7#a7 any biometric surveillance system2 or 7#b7 information derived from a biometric surveillance system operated by another entity4 7b7 ,exception ,the prohibition set forth in subsection 7a7 does not apply to activities explicitly authorized by an ,act of ,congress that describes1 with particularity-- 7#a7 the entities permitted to use the biometric surveillance system1 the specific type of biometric authorized1 the purposes for such use1 and any prohibited uses2 7#b7 standards for use and management of information derived from the biometric surveillance system1 including data retention1 sharing1 access1 and audit trails2 7#c7 auditing requirements to ensure the accuracy of biometric surveillance system technologies1 standards for minimum accuracy rates1 and accuracy rates by gender1 skin color1 and age2 7#d7 rigorous protections for due process1 privacy1 free speech and association1 and racial1 gender1 and religious equity2 and 7#e7 mechanisms to ensure compliance with the provisions of the ,act4 7c7 ,judicial investigations and proceedings 7#a7 ,admissibility ,except in a judicial investigation or proceeding alleging a violation of this section1 information obtained in violation of this section is not admissible by the ,federal ,government in any criminal1 civil1 administrative1 or other investigation or proceeding4 7#b7 ,cause of action 7,a7 ,in general ,a violation of this section constitutes an injury to any individual aggrieved by a violation of this ,act4 7,b7 ,right to sue ,an individual described in subparagraph 7,a7 may institute proceedings against the ,federal ,government whose official is alleged to have violated this section for the relief described in subparagraph 7,d7 in any court of competent jurisdiction4 7,c7 ,enforcement by state attorneys general ,the chief law enforcement officer of a ,state1 or any other ,state officer authorized by law to bring actions on behalf of the residents of a ,state1 may bring a civil action1 as parens patriae1 on behalf of the residents of that ,state in an appropriate district court of the ,united ,states to enforce this ,act1 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 ,act4 7,d7 ,relief ,in a civil action brought under subparagraph 7,b7 in which the plaintiff prevails1 the court may award-- 7i7 actual damages2 7ii7 punitive damages2 7iii7 reasonable attorneys' fees and costs2 and 7iv7 any other relief1 including injunctive relief1 that the court determines to be appropriate4 7d7 ,civil penalties ,any ,federal official who is found to have violated this section may be subject to retraining1 suspension1 termination1 or any other penalty1 as determined in an appropriate tribunal1 subject to applicable due process requirements4 7e7 ,federal funding 7#a7 ,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 system4 7#b7 ,unallocated funds ,no ,federal agency may use any unallocated funds appropriated to the agency for the purchase or use of a biometric surveillance system4 7f7 ,rules of construction ,nothing in this section may be construed-- 7#a7 to prohibit the ,national ,institute of ,standards and ,technology 7,,nist7 from testing or researching biometric surveillance systems or other remote biometric recognition technologies in commercial use2 or 7#b7 to preempt or supersede any ,federal1 ,state1 or local law that imposes a more stringent limitation than the limitations described in this section4 #d4 ,moratorium on ,state and local government use of biometric surveillance systems 7a7 ,federal financial assistance ,beginning on the first day of the first fiscal year beginning after the date of the enactment of this ,act1 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 #c7;a74 7b7 ,rule of construction ,nothing in this section may be construed to preempt or supersede any ,federal1 ,state1 or local law that imposes a more stringent limitation than the prohibition set forth in section #c7;a74