Facial Recognition Ban on Body Cameras Act
Bill: H.R.8154 | Sponsor: Rep. Beyer, Donald S., Jr. (D-VA)
Policy area: Crime and Law Enforcement

Summary:
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.

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.
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