“A bill to limit the Department of Homeland Security's use of facial recognition.”
No CRS summary available for this bill.
This section defines key terms for purposes of the Act, including "(1) biometric surveillance system," meaning computer software that performs facial recognition or other biometric recognition in real time or on a recording or photograph; "(2) covered immigration officer," meaning individuals authorized to perform immigration enforcement functions who are officers, employees, agents, contractors, or subcontractors of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, or individuals authorized under INA §287(g) (8 U.S.C. 1357(g)); "(3) facial recognition," meaning an automated or semi-automated process to identify individuals or infer characteristics based on facial features; "(4) other biometric recognition," meaning an automated or semi-automated process using gait, voice, or other non-fingerprint characteristics ascertained from a distance (excluding fingerprints or palm prints not so obtained); and "(5) voice recognition technology," meaning an automated or semi-automated process to identify or verify individuals based on voice characteristics.
This section prohibits covered immigration officers of U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP) from acquiring, possessing, accessing, or using in the United States (1) any biometric surveillance system or (2) information derived from a biometric surveillance system operated by another entity. It requires deletion of all such information collected by those officers, including before enactment, within 30 days of enactment. It further (1) bars admissibility of information obtained in violation of the prohibition in most federal investigations or proceedings; (2) creates a private right of action for aggrieved individuals against the federal government, and authorizes state attorneys general to sue on behalf of state residents, with relief including actual and punitive damages, attorneys' fees and costs, and injunctive or other appropriate relief; (3) subjects violating officers to penalties including retraining, suspension, or termination; and (4) states that the prohibition does not preempt other laws absent actual conflict.