S. 3668 - No Facial Recognition at the IRS Act

117TH CONGRESS
2D SESSION

S. 3668

To amend the Internal Revenue Code of 1986
to prohibit the Internal Revenue Service from using
biometric recognition technology, and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 16, 2022

Mr. MERKLEY (for himself and Mr. BLUNT) introduced the following bill;
 which was read twice and referred to the Committee on Finance

A BILL

To amend the Internal Revenue Code of 1986 to prohibit the Internal Revenue Service from using biometric recognition technology, 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 Facial Recognition at the IRS Act".

SEC. 2. PROHIBITION ON USE OF BIOMETRIC RECOGNITION TECHNOLOGY BY INTERNAL REVENUE SERVICE.

(a) IN GENERAL. — Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

"SEC. 7531. PROHIBITION ON USE OF BIOMETRIC RECOGNITION TECHNOLOGY.

"(a) IN GENERAL. — Except as otherwise provided by law, the Secretary may not use, or contract to use, biometric recognition technology for purposes of the administration of this title.

"(b) BIOMETRIC. — For purposes of this section, the term 'biometric recognition technology' means any technology that measures a biological (anatomical and physiological) or behavioral characteristic for automated recognition.".

(b) CLERICAL AMENDMENT. — The table of sections for chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

"Sec. 7531. Prohibition on use of biometric recognition technology.".

(c) EFFECTIVE DATE. — The amendments made by this section shall apply to filings and transactions in taxable years ending on or after December 31, 2021.

(d) DISPOSAL OF COLLECTED INFORMATION. —

(1) IN GENERAL. — Not later than 60 days after the date of the enactment of this Act, the Secretary of the Treasury (or such Secretary's delegate) shall ensure that all biometric data collected for purposes of tax administration by the Internal Revenue Service or any party contracting with the Internal Revenue Service has been deleted.

(2) REPORT. —

(A) IN GENERAL. — Not later than 60 days after the date of the enactment of this Act, the Secretary of the Treasury (or such Secretary's delegate) shall submit to the appropriate congressional committees a report on the deletion of the data described in paragraph (1).

(B) APPROPRIATE CONGRESSIONAL COMMITTEES. — For purposes of subparagraph (A), the term "appropriate congressional committees" means —

(i) the Committee on Finance of the Senate;

(ii) the Committee on Ways and Means of the House of Representatives;

(iii) the Committee on Appropriations of the Senate; and

(iv) the Committee on Appropriations of the House of Representatives.