[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5358 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5358

  To prohibit the use of biometric recognition technology in certain 
       federally assisted dwelling units, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 2023

   Ms. Clarke of New York (for herself, Ms. Pressley, and Ms. Tlaib) 
 introduced the following bill; which was referred to the Committee on 
                           Financial Services

_______________________________________________________________________

                                 A BILL


 
  To prohibit the use of biometric recognition technology in certain 
       federally assisted dwelling units, and for other purposes.

    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 ``No Biometric Barriers to Housing Act 
of 2023''.

SEC. 2. PROHIBITION ON BIOMETRIC IDENTIFICATION TECHNOLOGY.

    (a) In General.--At any time after the expiration of the 1-year 
period beginning on the date of the enactment of this Act, an owner of 
a covered federally assisted rental dwelling unit, may not use, or 
authorize the use of, facial recognition technology, physical biometric 
recognition technology, or remote biometric recognition technology in 
such dwelling unit or in any building or grounds containing such 
dwelling unit for the purposes of surveillance or any other use that 
has an adverse effect on the ability of a tenant to fairly access 
affordable housing that is free from bias and discrimination.
    (b) Definitions.--For the purposes of this Act:
            (1) Assistance.--The term ``assistance'' means any grant, 
        loan, subsidy, contract, cooperative agreement, or other form 
        of financial assistance, but such term does not include the 
        insurance or guarantee of a loan, mortgage, or pool of loans or 
        mortgages.
            (2) Covered federally assisted rental dwelling unit.--The 
        term ``covered federally assisted rental dwelling unit'' means 
        a residential dwelling unit that is made available for rental 
        and for which assistance is provided, or that is part of a 
        housing project for which assistance is provided, under--
                    (A) the public housing program under the United 
                States Housing Act of 1937 (42 U.S.C. 1437 et seq.);
                    (B) the program for rental assistance under section 
                8 of the United States Housing Act of 1937 (42 U.S.C. 
                1437f);
                    (C) the HOME Investment Partnerships program under 
                title II of the Cranton-Gonzalez National Affordable 
                Housing Act (42 U.S.C. 12721 et seq.);
                    (D) title IV of the McKinney-Vento Homeless 
                Assistance Act (42 U.S.C. 11360 et seq.);
                    (E) the Housing Trust Fund program under section 
                1338 of the Housing and Community Development Act of 
                1992 (12 U.S.C 4568);
                    (F) the program for supportive housing for the 
                elderly under section 202 of the Housing Act of 1959 
                (12 U.S.C. 1701q);
                    (G) the program for supportive housing for persons 
                with disabilities under section 811 of the Cranston-
                Gonzalez National Affordable Housing Act (42 U.S.C. 
                8013);
                    (H) the AIDS Housing Opportunities program under 
                subtitle D of title VIII of the Cranston-Gonzalez 
                National Affordable Housing Act (42 U.S.C. 12901 et 
                seq.);
                    (I) the program for Native American housing under 
                the Native American Housing Assistance and Self-
                Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
                    (J) the program for housing assistance for Native 
                Hawaiians under title VIII of the Native American 
                Housing Assistance and Self-Determination Act of 1996 
                (25 U.S.C. 4221 et seq.).
            (3) Facial recognition technology.--The term ``facial 
        recognition technology'' means technology which facilitates or 
        otherwise enables an automated or semi-automated process that 
        assists in identifying an individual based on the physical 
        characteristics of an individual's face, or that logs 
        characteristics of an individual's face, head, or body to infer 
        emotion, associations, activities, or the location of an 
        individual.
            (4) Owner.--The term ``owner'' means any private person or 
        entity, including a cooperative, an agency of the Federal 
        Government, or a public housing agency, having the legal right 
        to lease or sublease dwelling units.
            (5) Physical biometric recognition technology.--The term 
        ``physical biometric recognition technology'' means technology 
        which facilitates or otherwise enables an automated or semi-
        automated process that assists in identifying an individual or 
        capturing information about an individual based on the 
        characteristics of an individual's DNA, fingerprints, 
        palmprints, iris, or retina.
            (6) Remote biometric recognition technology.--The term 
        ``remote biometric recognition technology'' means technology 
        which facilitates or otherwise enables an automated or semi-
        automated process that assists in identifying an individual or 
        capturing information about an individual based on the 
        characteristics of an individual's gait, voice, or other 
        immutable characteristic ascertained from a distance, or that 
        logs such characteristics to infer emotion, associations, 
        activities, or the location of an individual.

SEC. 3. REPORT TO CONGRESS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Housing and Urban Development shall submit to the 
Committee on Financial Services of the House of Representative and the 
Committee on Banking, Housing, and Urban Affairs of the Senate and make 
available to the public on the website of the Department, a report that 
describes--
            (1) any known usage of facial recognition technology, 
        physical biometric recognition technology, or remote biometric 
        recognition technology in any covered federally assisted 
        dwelling unit during the 5 years preceding the date of 
        enactment of this Act;
            (2) any known adverse effects for tenants associated with 
        any use of the technology described in paragraph (1);
            (3) the impact of such technology on the residents of such 
        covered federally assisted rental dwelling units;
            (4) the purpose of installing such technologies in such 
        covered federally assisted rental dwelling units;
            (5) demographic information about the residents of each 
        covered federally assisted rental dwelling unit where such 
        usage occurred and demographic information about the area 
        surrounding such unit; and
            (6) the potential impacts on vulnerable communities, 
        including persons protected under the Fair Housing Act of 1968, 
        of additional usage of facial recognition technology, physical 
        biometric recognition technology, or remote biometric 
        recognition technology in covered federally assisted rental 
        dwelling units, including impacts on resident privacy, civil 
        rights, and fair housing.
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