Bill would restrict government use of biometric surveillance

Federal agencies and officials would be barred from acquiring, possessing, accessing, or using biometric surveillance systems or information from them in the United States. This would cover federal agencies and officials acting in their official roles, including employees, agents, contractors, and subcontractors. The defined systems include face, voice, and certain other recognition from a distance, but not fingerprints or palm prints collected without distance sensing. A later Act of Congress could authorize specific uses only if it identifies who may use the system, its purposes and limits, and detailed safeguards. Information obtained in violation of this section generally could not be used in federal investigations or proceedings, except in a case alleging a violation of this section. An affected individual could sue for relief, and a state officer could sue on behalf of residents; penalties for officials would depend on due process.

Federal law enforcement agencies could not use federal funds to buy or use biometric surveillance systems, and federal agencies could not use unallocated appropriated funds for those purposes. The limits cover federal law enforcement agency funds and any unallocated funds appropriated to a federal agency.

A state or local government would be ineligible for Byrne grant money unless it follows a law or policy substantially similar to the federal restriction. This applies to states and units of local government seeking assistance through the Byrne grant program. The similar law or policy would need to restrict government use of biometric surveillance in a substantially similar way to the federal restriction. The grant condition would begin on the first day of the first fiscal year that starts after the Act’s enactment.