[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4381 Introduced in House (IH)]

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.

    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 ``Biometric Information Privacy Act''.

SEC. 2. CONGRESSIONAL FINDINGS.

    Congress finds:
            (1) Personal genomics is a growing industry where there is 
        nothing to prevent firms from passing personal genetic 
        information to a third party.
            (2) Technology companies increasingly use biometric 
        information in security features where there is nothing to 
        prevent them from passing that information to a third party.

SEC. 3. DEFINITIONS.

    (a) The term ``personal physiological biometric information'' is 
defined as:
            (1) Genetic information.
            (2) Finger prints.
            (3) Palm prints.
            (4) Hand geometry.
            (5) Iris scans.
            (6) Retina scans.
            (7) Eye vein scans.
    (b) The term ``business entity'' is defined as any:
            (1) Organization.
            (2) Corporation.
            (3) Trust.
            (4) Partnership.
            (5) Sole Proprietorship.
            (6) Unincorporated association.
            (7) Venture established to make a profit.
            (8) Nonprofit.

SEC. 4. GENERAL AUTHORIZATION.

    (a) Offense.--A business entity, governmental entity, or person who 
knowingly--
            (1) fraudulently obtains personal physiological biometric 
        information relating to an individual; or
            (2) discloses personal physiological biometric information 
        without permission from the individuals to which the personal 
        physiological biometric information pertains,
shall be punished as provided in subsection (b).
    (b) Penalties.--A business entity, governmental entity, or person 
described in subsection (a) shall--
            (1) be fined not more than $50,000, imprisoned not more 
        than 1 year, or both;
            (2) if the offense is committed under false pretenses, be 
        fined not more than $100,000, imprisoned not more than 5 years, 
        or both; and
            (3) if the offense is committed with intent to sell, 
        transfer, or use individually identifiable health information 
        for commercial advantage, personal gain, or malicious harm, be 
        fined not more than $250,000, imprisoned not more than 10 
        years, or both.

SEC. 5. DISCLOSURE OF INFORMATION TO GOVERNMENTAL ENTITY PURSUANT TO 
              COURT ORDER.

    A governmental entity may obtain personal physiological biometric 
information pursuant to a court order only if, in the court proceeding 
relevant to such court order--
            (1) such entity offers clear and convincing evidence that 
        the subject of the information is reasonably suspected of 
        engaging in criminal activity and that the information sought 
        would be material evidence in the case; and
            (2) the subject of the information is afforded the 
        opportunity to appear and contest such entity's claim.

SEC. 6. ENFORCEMENT.

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

SEC. 7. EFFECTIVE DATE.

    The provisions of this Act shall take effect immediately upon 
enactment.
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