Facial Recognition and Biometric Technology Moratorium Act of 2021
Latest action. Read twice and referred to the Committee on the Judiciary.
Facial Recognition and Biometric Technology Moratorium Act of 2021
This bill imposes limits on the use of biometric surveillance systems, such as facial recognition systems, by federal and state government entities.
A federal agency or official may not in an official capacity acquire, possess, or use in the United States any such system or information obtained by such a system unless Congress passes an act that specifically authorizes such a use. Such an act of Congress must contain certain provisions, such as provisions naming the specific authorized entity and auditing requirements relating to the system.
Information obtained in violation of this bill shall not be admissible by the federal government in any proceeding or investigation, except in a proceeding alleging a violation of this bill.
An individual aggrieved by a violation of these restrictions shall have the right to sue. Any state officer authorized to sue on behalf of the state's residents shall also have the right to sue on behalf of the state's aggrieved residents.
A state or local government unit shall not receive certain federal law enforcement grants unless the government unit complies with a law or policy that is substantially similar to this bill's restrictions on acquiring and using biometric surveillance systems.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in Senate" stage on June 15, 2021. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on June 15, 2021: Read twice and referred to the Committee on the Judiciary.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the Senate
- Passage by the House
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 117th Congress (2021-22), 362 of the 15,242 bills and joint resolutions introduced became law, about 2.4 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
Edward Markey (D-MA) introduced it on June 15, 2021, and 5 members have since signed on as cosponsors.
They are 4 Democrats, 1 independent.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on June 15, 2021, 1959 days ago. The most recent recorded action was 1959 days ago, on June 15, 2021.
Measures do not carry over. Anything the 117th Congress has not finished by January 3, 2023 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- SenateIn committee, no floor vote yet
- HouseAwaits Senate passage
- PresidentAwaits both chambers