Stop Biometric Surveillance by Law Enforcement Act

To prohibit use of facial recognition technology on any image acquired by body-worn cameras of law enforcement officers, and for other purposes. 1. Short title This Act may be cited as the Stop Biometric Surveillance by Law Enforcement Act 2. Findings Congress finds the following: (1) Facial recognition and other 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 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 biometric surveillance technology has been repeatedly demonstrated to misidentify women, young people, and people of color and to create an elevated risk of harmful “false positive” identifications. (5) Facial and other 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 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. 3. Prohibiting use of facial recognition technology and other biometric surveillance systems (a) Byrne Grant (1) Prohibition A State or unit of local government may not use facial recognition technology or other biometric surveillance systems on any image acquired by body-worn cameras of law enforcement officers. (2) Enforcement In the case that a State or unit of local government violates paragraph (1), the Attorney General shall reduce by 5 percent the amount that the State or unit of local government would have otherwise received under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 (3) Reallocation Amounts not allocated to a State or unit of local government that violates paragraph (1) shall be reallocated, in accordance with subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 (b) Urban Area Security Initiative Grant (1) Prohibition A high-risk urban area may not use facial recognition technology or other biometric surveillance systems on any image acquired by body-worn cameras of law enforcement officers. (2) Enforcement In the case that a high-risk urban area violates paragraph (1), the Administrator of the Federal Emergency Management Agency shall reduce by 5 percent the amount that the high-risk urban area would have otherwise received under section 2003 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 (3) Reallocation Amounts not allocated to a high-risk urban area that violates paragraph (1) shall be reallocated, in accordance with section 2003 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 (c) State Homeland Security Grant (1) Prohibition A State may not use facial recognition technology or other biometric surveillance systems on any image acquired by body-worn cameras of law enforcement officers. (2) Enforcement In the case that a State violates paragraph (1), the Administrator of the Federal Emergency Management Agency shall reduce by 5 percent the amount that the high-risk urban area would have otherwise received under section 2004 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 (3) Reallocation Amounts not allocated to a State that violates paragraph (1) shall be reallocated, in accordance with section 2004 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 (d) Federal prohibition A Federal law enforcement agency may not use facial recognition technology or other biometric surveillance systems on any image acquired by body-worn cameras of law enforcement officers. (e) Definitions In this section: (1) Biometric data The term biometric data (2) Biometic surveillance system The term biometric surveillance system (3) Body-worn camera The term body-worn camera (4) Facial recognition technology or other biometric surveillance The term facial recognition technology or other biometric surveillance (A) means an automated or semiautomated process that— (i) captures or analyzes biometric data of an individual to identify or assist in identifying an individual; or (ii) generates, or assists in generating, surveillance information about an individual based on biometric data; and (B) does not include the use of an automated or semiautomated process for the purpose of redacting a recording for release or disclosure outside the law enforcement agency to protect the privacy of a subject depicted in the recording, if the process does not generate or result in the retention of any biometric data or surveillance information. (5) Use The term use (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.

Summary: Stop Biometric Surveillance by Law Enforcement Act This bill prohibits federal law enforcement agencies, states and local governments, and high-risk urban areas from using facial recognition technology or other biometric surveillance systems on any image that is acquired by body-worn cameras used by law enforcement officers. The bill also includes enforcement provisions that require certain federal grants to be reduced for states, local governments, and high-risk urban areas that violate this restriction.