Federal officials would face limits on 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. The ban would cover federal agencies and officials acting in their official roles throughout the United States, including its territories, ports, and border zones. Biometric surveillance includes facial and voice recognition and distant gait recognition; it excludes fingerprint or palm-print identification that is not done from a distance. The ban would not apply when an act of Congress specifically authorizes the use and sets out who may use the system, what uses are allowed, safeguards for information, accuracy checks, rights protections, and compliance measures. Federal law enforcement agencies could not use federal funds to buy or use these systems, and agencies could not use unallocated funds for those purposes. The bill would not stop NIST from testing or researching these systems, or override stricter federal, state, or local limits.

A state or local government would be ineligible for Byrne grant money unless it followed a law or policy substantially similar to the federal ban on biometric surveillance. This condition would apply to states and local governments seeking federal financial assistance through the Byrne grant program. The bill requires a substantially similar law or policy for grant eligibility; it does not say state and local governments must stop all biometric surveillance. The bill would not override stricter federal, state, or local limits. This grant condition would begin on the first day of the first federal fiscal year that starts after the bill is enacted.

A person harmed by a violation could sue the federal government, and an authorized state official could sue on behalf of state residents. A state law enforcement chief or another state official authorized to act for residents could bring a case on their behalf. A state official could bring a case when they have reason to believe residents' interests have been threatened or harmed by a violation. If an individual wins a civil case, a court could award damages, legal fees and costs, or other relief, including an order to stop the violation. Federal officials found to have violated the section could face penalties, subject to due process. Except in a judicial investigation or proceeding alleging a violation of this section, the federal government could not use information obtained in violation of the section in an investigation or proceeding.