Federal facial recognition moratorium (died)

Facial Recognition and Biometric Technology Moratorium Act (S. 4084 / H.R. 7356, reintroduced through 2023) — DIED
United States · S. 4084 (2020) / S. 2052 (2021) / S. 681 (2023) — never marked up

Status
Expired
Applies to
Federal agencies (would have); states/localities conditionally
Enforced by
Would have been federal courts via private right of action

Sens. Markey, Merkley, Sanders, Warren, and Wyden and Reps. Jayapal, Pressley, and Tlaib first introduced the Facial Recognition and Biometric Technology Moratorium Act on June 25, 2020 — and reintroduced it in 2021 and 2023. It would have banned all federal agency use of facial recognition and other biometric surveillance technologies, and conditioned federal grants on state/local moratoriums. Never received committee action across three congresses.

Who is protected: All Americans subject to federal-agency biometric surveillance (would have)

Legal detail

S. 4084 (116th, 2020) / S. 2052 (117th, 2021) / S. 681 (118th, 2023) — would have (1) prohibited federal entity use of biometric surveillance, including facial recognition, voice recognition, gait recognition, and other biometric systems; (2) conditioned Byrne JAG funding on state/local moratoriums; (3) created a private right of action against federal violations. Referred to Senate Judiciary; House versions referred to House Judiciary. No markup.

Key facts

JurisdictionUnited States
LevelFederal
CitationS. 4084 (2020) / S. 2052 (2021) / S. 681 (2023) — never marked up
Private right of actionYes, individuals can sue
Topicsfacial recognition · biometric data · police and surveillance AI · government use of AI
Bill textS. 681 — Facial Recognition and Biometric Technology Moratorium Act of 2023

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Related facial recognition rules elsewhere

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