,,ii #aaith ,,congress #b;d ,session ,s4 #cggi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #d1 #bjbf,mr4 ,markey 7for himself1 ,mr4 ,wyden1 ,mr4 ,merkley1 ,ms4 ,alsobrooks1 and ,mr4 ,sanders7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to limit the ,department of ,homeland ,security's use of facial recognition4 #a4 ,short title ,this ,act may be cited as the ,,ice ,out of ,our ,faces ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,biometric surveillance system ,the term biometric surveillance system means computer software that performs facial recognition or other biometric recognition in real time or on a recording or photograph4 7#b7 ,covered immigration officer ,the term covered immigration officer means any individual who is-- 7,a7 authorized to perform immigration enforcement functions2 and 7,b7 7i7 an officer1 employee1 agent1 contractor1 or subcontractor of ,u4,s4 ,customs and ,border ,protection2 7ii7 an officer1 employee1 agent1 contractor1 or subcontractor of ,u4,s4 ,immigration and ,customs ,enforcement2 or 7iii7 an individual authorized1 deputized1 or designated to perform immigration enforcement functions pursuant to section #bhg7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;g774 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 matching an individual to a list or otherwise generating or assisting in generating surveillance or identification 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 ,other biometric recognition ,the term other 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 characteristics referred to in clause 7i7 or 7ii7 to infer emotion1 associations1 activities1 or the location of an individual2 and 7,b7 does not include identification based on fingerprints or palm prints not ascertained from a distance4 7#e7 ,voice recognition technology ,the term voice recognition technology means an 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 the use of biometric surveillance by ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection 7a7 ,in general ,it shall be unlawful for any covered immigration officer 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 ,biometric data deletion ,all information collected by a covered immigration officer for use in1 or derived from1 a biometric surveillance system1 including information collected before the date of the enactment of this ,act1 shall be deleted not later than #cj days after the date of the enactment of this ,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 such violation4 7,b7 ,right to sue ,an individual aggrieved by a violation of this section may institute proceedings against the ,federal ,government whose covered immigration officer 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 such ,state in an appropriate district court of the ,united ,states to enforce this ,act1 whenever the chief law enforcement officer or other ,state officer determines the interests of the residents of such ,state have been or are being threatened or adversely affected by a violation of this section4 7,d7 ,relief ,in a civil action authorized 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 covered immigration officer who violates this section may be subject to retraining1 suspension1 termination1 or any other penalty1 as determined in an appropriate tribunal1 and subject to applicable due process requirements4 7e7 ,rule of construction ,nothing in this section may be construed to preempt or supersede any ,federal1 ,state1 or local law absent actual conflict with the limitations on covered immigration officers imposed by this section4