[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3284 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3284
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 technology.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 12, 2020
Mr. Merkley (for himself and Mr. Booker) introduced the following bill;
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 technology.
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 ``Ethical Use of Facial Recognition
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) 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 impacts.
(2) Facial recognition has been shown to disproportionately
impact communities of color, activists, immigrants, and other
groups that are often already unjustly targeted.
(3) Facial recognition has a history of being inaccurate,
particularly for women, young people, African Americans, and
other ethnic groups.
(4) There is evidence that facial recognition has been used
at protests and rallies, which could chill speech.
(5) It is critical that facial recognition not be used to
suppress First Amendment related activities, violate privacy,
or otherwise adversely impact individuals' civil rights and
civil liberties.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the
congressional commission established under section 6.
(2) Covered government official.--The term ``covered
government official'' means any officer, employee, or
contractor of a Federal agency.
(3) 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 face.
(4) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' in section 551 of title 5,
United States Code.
(5) Implementation bill.--The term ``implementation bill''
means a bill--
(A) consisting of the legislative language prepared
under section 6(e)(1)(A); and
(B) introduced under section 6(e)(1)(B).
SEC. 4. 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 technology, access or use
information obtained from facial recognition technology, 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 6.
SEC. 5. ENFORCEMENT.
(a) Civil Action.--Any person aggrieved by a violation of section 4
by a covered government official may bring a civil action for
injunctive or declaratory relief in the appropriate district court of
the United States.
(b) Limitation on Federal Grants.--Notwithstanding any other
provision of law, no Federal funds may be used by a State or unit of
local government to invest in facial recognition software, purchase
facial recognition technology services, or acquire images for use in
facial recognition technology systems.
SEC. 6. COMMISSION.
(a) In General.--There is established a congressional commission to
consider and create guidelines for the use of facial recognition
technology in the United States.
(b) Membership.--
(1) In general.--The Commission shall be composed of 13
members, of whom--
(A) 1 member shall be appointed by the President,
and such member shall serve as the Chairperson of the
Commission;
(B) 3 members shall be appointed by the majority
leader of the Senate;
(C) 3 members shall be appointed by the minority
leader of the Senate;
(D) 3 members shall be appointed by the Speaker of
the House of Representatives; and
(E) 3 members shall be appointed by the minority
leader of the House of Representatives.
(2) Expertise of members.--
(A) In general.--Members appointed under paragraph
(1) shall represent each of the following groups:
(i) Law enforcement and immigration
enforcement officials.
(ii) Privacy and technology experts.
(iii) Communities most impacted negatively
by the use of facial recognition technology.
(B) Requirement.--Not fewer than 7 members of the
Commission shall be representatives of the group
described in subparagraph (A)(iii).
(c) Duties.--The Commission shall--
(1) 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--
(A) create a constant state of surveillance of
individuals in the United States that does not allow
for a level of reasonable anonymity;
(B) produce biased or inaccurate results;
(C) disproportionately impact a racial, ethnic,
national origin group, or other protected class of
individuals;
(D) impinge on the privacy, free speech, or due
process rights of individuals in the United States; or
(E) limit the ability of law enforcement officers
to track down missing and exploited children and
trafficked individuals; and
(2) consider and recommend the appropriate rules for
governing the use and limitations on both government and
commercial use of facial recognition technology, including--
(A) whether there are appropriate uses for facial
recognition technology without a warrant by government
officials in a private or public space;
(B) what are the appropriate uses and limitations
for commercial use, including what rights individuals
should have relating to the data produced and the use
of their likeness in facial recognition technology;
(C) in what circumstances, if any, government
officials should be permitted to use facial recognition
without a warrant;
(D) what rules should govern how and where images
may be acquired through facial recognition technology,
taking into account individuals' reasonable
expectations of privacy or anonymity;
(E) in what situations individuals should be able
to opt out or required to opt in to the use of facial
recognition technology;
(F) what safeguards need to be put in place to
prevent abuse of facial recognition technology;
(G) what are appropriate remedies when facial
recognition technology is misused; and
(H) what rights individuals have relating to the
data produced and the use of their likeness in facial
recognition technology.
(d) Report.--Not later than 18 months after the date of enactment
of this Act, the Commission shall submit a report to Congress that
contains--
(1) the guidelines required to be created under subsection
(c);
(2) recommendations for implementation of such guidelines;
and
(3) any minority views or recommendations of the
Commission.
(e) Implementation.--
(1) Introduction.--Not later than 90 days after the date on
which the report required under subsection (d) is submitted to
Congress--
(A) Congress shall prepare legislative language to
implement the recommendations included in such report;
and
(B) the legislative language prepared under
subparagraph (A)--
(i) shall be introduced in the Senate (by
request) 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 Senate; and
(ii) shall be introduced in the House of
Representatives (by request) 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 Representatives.
(2) Consideration in the house of representatives.--
(A) 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 3 days after the date on which the implementation
bill is introduced in the House of Representatives. If
a committee fails to report an implementation bill
within that period, it shall be in order to move that
the House of Representatives discharge the committee
from further consideration of the bill. 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 bill. The previous question shall be considered as
ordered on the motion to its adoption without
intervening motion except 20 minutes of debate equally
divided and controlled by the proponent and an
opponent. If such a motion is adopted, the House of
Representatives shall proceed immediately to consider
the implementation bill in accordance with
subparagraphs (B) and (C). A motion to reconsider the
vote by which the motion is disposed of shall not be in
order.
(B) 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 consideration, it shall be in order
to move to proceed to consider the implementation bill
in the House of Representatives. 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 bill. The previous question shall be
considered as ordered on the motion to its adoption
without intervening motion. A motion to reconsider the
vote by which the motion is disposed of shall not be in
order.
(C) Consideration.--An implementation bill shall be
considered as read. All points of order against an
implementation bill and against its consideration are
waived. The previous question shall be considered as
ordered on an implementation bill to its passage
without intervening motion except 2 hours of debate
equally divided and controlled by the proponent and an
opponent and one motion to limit debate on an
implementation bill. A motion to reconsider the vote on
passage of an implementation bill shall not be in
order.
(3) Expedited procedure in the senate.--
(A) Committee consideration.--An implementation
bill introduced in the Senate under paragraph (1) shall
be jointly referred to the committee or committees of
jurisdiction, which committees shall report the bill
and with a favorable recommendation, an unfavorable
recommendation, or without recommendation not later
than 3 days after the date on which the implementation
bill is introduced. If any committee fails to report an
implementation bill within that period, that committee
shall be automatically discharged from consideration of
the bill, and the implementation bill shall be placed
on the appropriate calendar.
(B) Motion to proceed.--Notwithstanding rule XXII
of the Standing Rules of the Senate, it is in order,
not later than 3 days of session after the date on
which an implementation bill is reported or discharged
from all committees to which it was referred, for the
majority leader of the Senate or the majority leader's
designee to move to proceed to the consideration of the
implementation bill. 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 3-day period. A motion to
proceed is in order even though a previous motion to
the same effect has been disagreed to. All points of
order against the motion to proceed to an
implementation bill are waived. The motion to proceed
is not debatable. The motion is not subject to a motion
to postpone. A motion to reconsider the vote by which
the motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of
an implementation bill is agreed to, the implementation
bill shall remain the unfinished business until
disposed of.
(C) Consideration.--All points of order against an
implementation bill and against consideration of the
implementation bill are waived. Consideration of an
implementation bill, including amendments thereto, and
debatable motions and appeals in connection therewith
shall not exceed a total of 30 hours which shall be
divided equally between the majority and minority
leaders or their designees. A motion further to limit
debate on an implementation bill is in order, shall
require an affirmative vote of a majority of the
Members duly chosen and sworn, and is not debatable.
Any debatable motion or appeal is debatable for not to
exceed 1 hour, to be divided equally between those
favoring and those opposing the motion or appeal. All
time used for consideration of an implementation bill,
including time used for quorum calls and voting, shall
be counted against the total 30 hours of consideration.
(D) Limitations on consideration.--A motion to
postpone, or a motion to recommit the implementation
bill or a motion to proceed to the consideration of
other business is not in order.
(E) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate, as the case may
be, to the procedure relating to an implementation bill
shall be decided without debate.
(4) Consideration by the other house.--
(A) In general.--If, before passing an
implementation bill, one House receives from the other
the implementation bill--
(i) the implementation bill of the other
House shall be referred to a committee; and
(ii) the procedure in the receiving House
shall be the same as if no implementation bill
had been received from the other House.
(5) Rules to coordinate action with other house.--
(A) Treatment of implementation bill of other
house.--If the Senate fails to introduce or consider an
implementation bill under this section, the
implementation bill of the House of Representatives
shall be entitled to expedited floor procedures under
this section.
(B) Treatment of companion measures in the
senate.--If following passage of an implementation bill
in the Senate, the Senate then receives the
implementation bill from the House of Representatives,
the House-passed implementation bill shall not be
debatable. 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 Representatives.
(6) Vetoes.--If the President vetoes an implementation
bill, debate on a veto message in the Senate under this section
shall be 1 hour equally divided between the majority and
minority leaders or their designees.
<all>
Ethical Use of Facial Recognition Act
#3284 | S Congress #116
Policy Area: Civil Rights and Liberties, Minority Issues
Subjects: Civil actions and liabilityComputers and information technologyCongressional operations and organizationCongressional oversightCrimes against childrenCriminal investigation, prosecution, interrogationDue process and equal protectionFirst Amendment rightsGovernment employee pay, benefits, personnel managementGovernment ethics and transparency, public corruptionHuman traffickingIntelligence activities, surveillance, classified informationLegislative rules and procedureMissing personsPhotography and imagingPublic contracts and procurementRacial and ethnic relationsRight of privacyState and local government operations
Last Action: Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (2/12/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text