No Biometric Barriers to Housing Act of 2023
This bill prohibits owners of certain federally assisted rental units from using facial recognition, physical biometric recognition, or remote biometric recognition technology in any units or in any building or on any grounds containing such a unit for the purpose of surveillance or any other use that has an adverse effect on a tenant's fair access to affordable housing that is free from bias and discrimination.
Within one year, the Department of Housing and Urban Development must report on any known use of such technology in federally assisted rental units in the preceding five years.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5358 Introduced in House (IH)]
<DOC>
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Financial Services.
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