I 

113TH CONGRESS 

2D SESSION H. R. 4381 

To protect the privacy of individuals’ personal genetic information and other 

personal identifier information. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 2, 2014 

Mr. STOCKMAN introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To protect the privacy of individuals’ personal genetic 

information and other personal identifier information. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Biometric Information 

5 Privacy Act’’. 

6 SEC. 2. CONGRESSIONAL FINDINGS. 

7 Congress finds: 

8 (1) Personal genomics is a growing industry 

9 where there is nothing to prevent firms from passing 

10 personal genetic information to a third party. 


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1 (2) Technology companies increasingly use bio2 metric information in security features where there 

3 is nothing to prevent them from passing that infor4 mation to a third party. 

5 SEC. 3. DEFINITIONS. 

6 (a) The term ‘‘personal physiological biometric infor7 mation’’ is defined as: 

8 (1) Genetic information. 

9 (2) Finger prints. 

10 (3) Palm prints. 

11 (4) Hand geometry. 

12 (5) Iris scans. 

13 (6) Retina scans. 

14 (7) Eye vein scans. 

15 (b) The term ‘‘business entity’’ is defined as any: 

16 (1) Organization. 

17 (2) Corporation. 

18 (3) Trust. 

19 (4) Partnership. 

20 (5) Sole Proprietorship. 

21 (6) Unincorporated association. 

22 (7) Venture established to make a profit. 

23 (8) Nonprofit. 


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1 SEC. 4. GENERAL AUTHORIZATION. 

2 (a) OFFENSE.—A business entity, governmental enti3 ty, or person who knowingly— 

4 (1) fraudulently obtains personal physiological 

5 biometric information relating to an individual; or 

6 (2) discloses personal physiological biometric in7 formation without permission from the individuals to 

8 which the personal physiological biometric informa9 tion pertains, 

10 shall be punished as provided in subsection (b). 

11 (b) PENALTIES.—A business entity, governmental en12 tity, or person described in subsection (a) shall— 

13 (1) be fined not more than $50,000, imprisoned 

14 not more than 1 year, or both; 

15 (2) if the offense is committed under false pre16 tenses, be fined not more than $100,000, imprisoned 

17 not more than 5 years, or both; and 

18 (3) if the offense is committed with intent to 

19 sell, transfer, or use individually identifiable health 

20 information for commercial advantage, personal 

21 gain, or malicious harm, be fined not more than 

22 $250,000, imprisoned not more than 10 years, or 

23 both. 


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1 SEC. 5. DISCLOSURE OF INFORMATION TO GOVERNMENTAL 

2 ENTITY PURSUANT TO COURT ORDER. 

3 A governmental entity may obtain personal physio4 logical biometric information pursuant to a court order 

5 only if, in the court proceeding relevant to such court 

6 order— 

7 (1) such entity offers clear and convincing evi8 dence that the subject of the information is reason9 ably suspected of engaging in criminal activity and 

10 that the information sought would be material evi11 dence in the case; and 

12 (2) the subject of the information is afforded 

13 the opportunity to appear and contest such entity’s 

14 claim. 

15 SEC. 6. ENFORCEMENT. 

16 The Attorney General shall enforce violations of sec17 tion 4 and section 5. 

18 SEC. 7. EFFECTIVE DATE. 

19 The provisions of this Act shall take effect imme20 diately upon enactment. 

Æ 


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