Facial Recognition Ban on Body Cameras Act
This bill establishes a framework to prohibit federal, state, and local law enforcement agencies from using facial recognition technology on images captured by body-worn cameras.
Specifically, the bill prohibits federal law enforcement agencies from using facial recognition technology or other remote biometric surveillance systems on any image acquired by body-worn cameras of law enforcement officers.
Additionally, the bill requires state and local governments to comply with a similar law or policy as a condition of receiving funds under the Edward Byrne Memorial Justice Assistance Grant program.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8154 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8154
To prohibit use of facial recognition technology on any image acquired
by body-worn cameras of law enforcement officers, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 21, 2022
Mr. Beyer (for himself, Mr. Lieu, Ms. Norton, and Mr. Rush) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To prohibit use of facial recognition technology on any image acquired
by body-worn cameras of law enforcement officers, 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 ``Facial Recognition Ban on Body
Cameras Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Facial recognition and other remote biometric
surveillance technology pose unique and significant threats to
the civil rights and civil liberties of residents and visitors.
(2) The use of facial recognition and other remote
biometric surveillance is the functional equivalent of
requiring every person to show a personal photo identification
card at all times in violation of recognized constitutional
rights. This technology also allows people to be tracked
without consent.
(3) It would also generate massive databases about law-
abiding Americans, and may chill the exercise of free speech in
public places.
(4) Facial recognition and other remote biometric
surveillance technology has been repeatedly demonstrated to
misidentify women, young people, people with disabilities,
transgender people, and people of color and to create an
elevated risk of harmful ``false positive'' identifications.
(5) Facial and other remote biometric surveillance would
corrupt the core purpose of officer-worn body-worn cameras by
transforming those devices from transparency and accountability
tools into roving surveillance systems.
(6) The use of facial recognition and other remote
biometric surveillance would disproportionately impact the
civil rights and civil liberties of persons who live in highly
policed communities.
(7) Its use would also diminish effective policing and
public safety by discouraging people in these communities,
including victims of crime, undocumented persons, people with
unpaid fines and fees, and those with prior criminal history
from seeking police assistance or from assisting the police.
SEC. 3. PROHIBITING USE OF FACIAL RECOGNITION TECHNOLOGY AND OTHER
REMOTE BIOMETRIC SURVEILLANCE SYSTEMS.
(a) Federal Financial Assistance.--Beginning on the first day of
the first fiscal year beginning after the date of the enactment of this
Act, a State or unit of local government is ineligible to receive
Federal financial assistance under the Byrne grant program under
subpart 1 of part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 unless the State or unit of local government is
complying with a law or policy that is substantially similar to the
prohibition set forth in section 4.
(b) Rule of Construction.--Nothing in this section may be construed
to preempt or supersede any Federal, State, or local law that imposes a
more stringent limitation than the prohibition set forth in section 4.
SEC. 4. FEDERAL PROHIBITION.
A Federal law enforcement agency may not use facial recognition
technology or other remote biometric surveillance systems on any image
acquired by body-worn cameras of law enforcement officers.
SEC. 5. DEFINITIONS.
In this Act:
(1) Biometic surveillance system.--The term ``biometric
surveillance system'' means any computer software or
application that performs facial recognition or other remote
biometric surveillance.
(2) Body-worn camera.--The term ``body-worn camera'' means
an officer camera or similar device that records or transmits
images or sound and is attached to the body or clothing of, or
carried by, a law enforcement officer.
(3) Facial recognition.--The term ``facial recognition''
means an automated or semi-automated process that--
(A) assists in identifying an individual, capturing
information about an individual, or otherwise
generating or assisting in generating surveillance
information about an individual based on the physical
characteristics of the individual's face; or
(B) logs characteristics of an individual's face,
head, or body to infer emotion, associations,
activities, or the location of an individual.
(4) Other remote biometric recognition.--The term ``other
remote biometric recognition''--
(A) means an automated or semi-automated process
that--
(i) assists in identifying an individual,
capturing information about an individual, or
otherwise generating or assisting in generating
surveillance information about an individual
based on the characteristics of the
individual's gait or other immutable
characteristic ascertained from a distance;
(ii) uses voice recognition technology; or
(iii) logs such characteristics to infer
emotion, associations, activities, or the
location of an individual; and
(B) does not include identification based on
fingerprints or palm prints.
(5) Use.--The term ``use'' means one or both of the
following:
(A) The direct use of a biometric surveillance
system by a law enforcement officer or a law
enforcement agency.
(B) A request or agreement by a law enforcement
officer or law enforcement agency that another law
enforcement agency or other third party use a biometric
surveillance system on behalf of the requesting officer
or agency.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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