I 

118TH CONGRESS 

1ST SESSION H. R. 6092 

To regulate law enforcement use of facial recognition technology, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 26, 2023 

Mr. LIEU (for himself, Ms. JACKSON LEE, Ms. CLARKE of New York, Mr. 

GOMEZ, Mr. IVEY, and Mr. VEASEY) introduced the following bill; which 

was referred to the Committee on the Judiciary, and in addition to the 

Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To regulate law enforcement use of facial recognition 

technology, and for other purposes. 

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 ‘‘Facial Recognition Act 

5 of 2023’’. 

6 SEC. 2. INELIGIBILITY FOR CERTAIN FUNDS. 

7 In the case of a State or unit of local government 

8 that received a grant award under subpart 1 of part E 


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1 of title I of the Omnibus Crime Control and Safe Streets 

2 Act of 1968 (42 U.S.C. 3750 et seq.), if the State or unit 

3 of local government fails to substantially to comply with 

4 the requirements under this Act for a fiscal year, the At5 torney General shall reduce the amount that would other6 wise be awarded to that State or unit of local government 

7 under such grant program in the following fiscal year by 

8 15 percent. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) ARREST PHOTO DATABASE.—The term ‘‘ar12 rest photo database’’ means a database populated 

13 primarily by booking or arrest photographs or photo14 graphs of persons encountered by an investigative or 

15 law enforcement officer. 

16 (2) CANDIDATE LIST.—The term ‘‘candidate 

17 list’’ means the top images that a facial recognition 

18 system determines to most closely match a probe 

19 image. 

20 (3) DERIVED.—The term ‘‘derived’’ means that 

21 a Federal or State government would not have pos22 sessed the information or evidence but for the use of 

23 facial recognition, regardless of any claim that the 

24 information or evidence is attenuated from such rec25 ognition, and would inevitably have been discovered 


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1 or obtained the information or evidence through 

2 other means. 

3 (4) FACIAL RECOGNITION.—The term ‘‘facial 

4 recognition’’ means an automated or semi-automated 

5 process that assists in identifying or verifying an in6 dividual or captures information about an individual 

7 based on the physical characteristics of an individ8 ual’s face, head or body, or that uses characteristics 

9 of an individual’s face, head or body, to infer emo10 tion, associations, activities, or the location of an in11 dividual. 

12 (5) FACE SURVEILLANCE.—The term ‘‘face sur13 veillance’’ means the use of facial recognition with 

14 real-time or stored video footage to track, observe, 

15 or analyze the movements, behavior, data, or actions 

16 of an individual or groups of individuals. 

17 (6) ILLEGITIMATELY OBTAINED INFORMA18 TION.—The term ‘‘illegitimately obtained informa19 tion’’ means personal data or information that was 

20 obtained— 

21 (A) in a manner that violates Federal, 

22 State, or Tribal law; 

23 (B) in a manner that violates a service 

24 agreement between a provider of an electronic 

25 communication service to the public or a proVerDate Sep 11 2014 17:32 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6092.IH H6092

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1 vider of a remote computing service and cus2 tomers or subscribers of that provider; 

3 (C) in a manner that is inconsistent with 

4 the privacy policy of a provider described in 

5 subparagraph (B), if applicable; 

6 (D) by deceiving a person whose informa7 tion was obtained; 

8 (E) through the unauthorized access of an 

9 electronic device or online account; 

10 (F) in violation of a contract, court settle11 ment, or other binding legal agreement; or 

12 (G) from unlawful or unconstitutional 

13 practices by any government official or entity. 

14 (7) INVESTIGATIVE OR LAW ENFORCEMENT OF15 FICER.—The term ‘‘investigative or law enforcement 

16 officer’’ means— 

17 (A) any officer of a State or a political 

18 subdivision thereof, or of the United States, 

19 who is empowered by law to conduct investiga20 tions of or to make arrests for civil or criminal 

21 offenses or violations of Federal or State law 

22 and any attorney authorized by law to pros23 ecute or participate in the prosecution of such 

24 offenses; and 


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1 (B) does not include any officer, employee, 

2 or contractor of a State department of motor 

3 vehicles. 

4 (8) LAW ENFORCEMENT AGENCY.—The term 

5 ‘‘law enforcement agency’’ means any agency of the 

6 United States authorized to engage in or supervise 

7 the prevention, detection, investigation, or prosecu8 tion of any violation of civil or criminal law. 

9 (9) PROBE IMAGE.—The term ‘‘probe image’’ 

10 means an image of a person that is searched against 

11 a database of known, identified persons or an un12 solved photo file. 

13 (10) PROSECUTOR.—The term ‘‘prosecutor’’ 

14 means the principal prosecuting attorney of a State 

15 or any political subdivision thereof and any attorney 

16 for the Government (as such term is defined for the 

17 purposes of the Federal Rules of Criminal Proce18 dure). 

19 (11) OPERATIONAL TESTING.—The term ‘‘oper20 ational testing’’ means testing that evaluates a com21 plete facial recognition system as it is used in the 

22 field, including measuring false positive and false 

23 negative error rates for field uses of the system on 

24 operational or operationally representative data and 

25 under the environmental conditions and technical 


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1 product settings and configurations typically used, 

2 as well as assessing the variability of system use by 

3 different users. 

4 (12) REFERENCE PHOTO DATABASE.—The 

5 term ‘‘reference photo database’’ means a database 

6 populated with photos of individuals that have been 

7 identified, including databases composed of driver’s 

8 licenses, passports, or other documents made or 

9 issued by or under the authority of the United 

10 States Government, a State, a political subdivision 

11 thereof, databases operated by third parties, and ar12 rest photo databases. 

13 (13) STATE.—The term ‘‘State’’ means each 

14 State of the United States, the District of Columbia, 

15 the Commonwealth of Puerto Rico, the Virgin Is16 lands, American Samoa, Guam, and the Northern 

17 Mariana Islands. 

18 TITLE I—USE OF FACIAL REC19 OGNITION BY LAW ENFORCE20 MENT 

21 SEC. 101. FACIAL RECOGNITION. 

22 (a) REFERENCE PHOTO DATABASES.— 

23 (1) IN GENERAL.—An investigative or law en24 forcement officer may only use or request facial rec25 ognition in conjunction with a reference photo dataVerDate Sep 11 2014 17:32 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6092.IH H6092

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1 base pursuant to an order issued under subsection 

2 (b) and the emergencies and exceptions under sub3 section (c). 

4 (2) MAINTENANCE.— 

5 (A) IN GENERAL.—Beginning on 180 days 

6 after the date of the enactment of this Act, and 

7 every six months thereafter, with respect to an 

8 arrest photo database used in conjunction with 

9 facial recognition, the custodian of such arrest 

10 photo database shall remove from such data11 base all photos of each person who— 

12 (i) has not attained 18 years of age; 

13 (ii) has been released without a 

14 charge; 

15 (iii) has been released after charges 

16 are dropped or dismissed; or 

17 (iv) was acquitted of the charged of18 fense. 

19 (B) RULE OF CONSTRUCTION.—Nothing in 

20 this paragraph shall be construed to prohibit an 

21 investigative or law enforcement officer from 

22 using a database for other investigative proce23 dures, such as finger printing, and shall only 

24 apply to the use of a reference photo database 

25 for the use of facial recognition. 


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1 (3) PROCEDURES.—Any agency responsible for 

2 maintaining and operating an arrest photo database 

3 shall establish procedures to ensure compliance with 

4 paragraph (3). 

5 (b) ORDERS.— 

6 (1) APPROVAL.—An application for a warrant 

7 to use a reference photo database may not be sub8 mitted for consideration by a court unless the head 

9 of a law enforcement agency (or a designee) ap10 proves such an application. 

11 (2) AUTHORITY.—Except as provided by sub12 section (d), the principal prosecutor of a State or 

13 any political subdivision thereof and any attorney for 

14 the Government (as such term is defined for the 

15 purposes of the Federal Rules of Criminal Proce16 dure), may make an application to a court of com17 petent jurisdiction for, in conformity with paragraph 

18 (3), an order authorizing the use of facial recogni19 tion in conjunction with a reference photo database 

20 within the jurisdiction of that judge. 

21 (3) APPLICATION.—Except as provided in sub22 section (c), a court of competent jurisdiction may 

23 issue an order authorizing the use of facial recogni24 tion in conjunction with a reference photo database 


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1 if a prosecutor submits an application to that court 

2 that establishes the following: 

3 (A) The identity of the investigative or law 

4 enforcement officer making the application, and 

5 the officer authorizing the application. 

6 (B) As full and complete a description as 

7 possible of the person that the officer seeks to 

8 identify. 

9 (C) The photos or video portraying the 

10 person that will be used to search the reference 

11 photo database. 

12 (D) Any details regarding other investiga13 tive measures taken to identify such person and 

14 an explanation for why such measures failed or 

15 are reasonably unlikely to succeed. 

16 (E) Any other investigative procedures to 

17 identify such person have been tried and failed 

18 or are reasonably unlikely to succeed. 

19 (F) Probable cause to believe that such 

20 person has committed or is committing a par21 ticular offense or offenses enumerated in sec22 tion 3559(c)(2)(F) of title 18, United States 

23 Code. 

24 (4) CONTENTS OF ORDER.—The order de25 scribed in this paragraph shall include the following: 


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1 (A) All information required to be included 

2 in the application pursuant to such paragraph 

3 (3). 

4 (B) A prohibition on the use, for purposes 

5 of a search of a reference photo database, other 

6 than pursuant to another order under this Act, 

7 of any photo or video not specifically listed in 

8 the order. 

9 (C) A time period within which the search 

10 shall be made not more than 7 days, and after 

11 which no such search may be made, except pur12 suant to another order under this Act. 

13 (D) The authority under which the search 

14 is to be made. 

15 (5) NOTICE TO THE PUBLIC.— 

16 (A) IN GENERAL.—Each State department 

17 of motor vehicles shall post notices in con18 spicuous locations at each department office, 

19 make written information available to all appli20 cants at each office, and provide information on 

21 the department website regarding State inves22 tigative or law enforcement officers’ searches of 

23 driver’s license and ID photos through facial 

24 recognition. The notices, written information, 

25 and online information must describe how offiVerDate Sep 11 2014 17:32 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6092.IH H6092

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1 cers use and access facial recognition in crimi2 nal investigations. 

3 (B) LANGUAGE REQUIREMENT.—Notices 

4 required under subparagraph (A) shall be post5 ed, as necessary and reasonable, in Spanish or 

6 any language common to a significant portion 

7 of the department’s customers, if they are not 

8 fluent in English. The department shall provide 

9 translations of the poster and an electronic link 

10 that leads to the department’s website upon re11 quest. 

12 (6) CONFORMING AMENDMENTS.—Section 2721 

13 of title 18, United States Code, is amended— 

14 (A) in subsection (a)— 

15 (i) in paragraph (1), by striking the 

16 ‘‘or’’ at the end; 

17 (ii) in paragraph (2), by striking the 

18 period at the end and inserting ‘‘; or’’; and 

19 (iii) by inserting after paragraph (2) 

20 the following: 

21 ‘‘(3) a department operated facial recognition 

22 system, except as provided in subsection (f) of this 

23 section.’’; 

24 (B) in subsection (b)(1), by inserting be25 fore the period at the end the following: ‘‘but if 


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1 the personal information or highly restricted 

2 personal information to be disclosed is a per3 son’s photograph to be used or enrolled in a law 

4 enforcement facial recognition system, only on a 

5 case-by-case basis that does not involve the bulk 

6 transfer of persons’ photographs to a State or 

7 Federal law enforcement agency or a qualified 

8 third party entity that will allow law enforce9 ment to access those photographs for the pur10 poses of facial recognition’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(f) LAW ENFORCEMENT ACCESS TO FACIAL REC13 OGNITION SYSTEMS.—A State department of motor vehi14 cles, and any officer, employee, or contractor thereof, may 

15 make available a department-operated facial recognition 

16 system to a State or Federal law enforcement agency, or 

17 perform searches of such a system on behalf of the agency, 

18 only pursuant to an order issued under section 101 of the 

19 Facial Recognition Act of 2023.’’. 

20 (c) EMERGENCIES AND EXCEPTIONS.— 

21 (1) INITIAL USE.—Notwithstanding subsections 

22 (a) and (b), an investigative or law enforcement offi23 cer may use or request facial recognition in conjunc24 tion with a reference photo database— 


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1 (A) to assist in identifying any person who 

2 is deceased, incapacitated or otherwise phys3 ically unable of identifying himself, or the vic4 tim of a crime, whom the officer determines, in 

5 good faith, cannot be identified through other 

6 means; 

7 (B) to assist in identifying a person whom 

8 the officer believes, in good faith, is the subject 

9 of an alert through an AMBER Alert commu10 nications network, as that term is used in sec11 tion 301 of the Prosecutorial Remedies and 

12 Other Tools to end the Exploitation of Children 

13 Today Act of 2003 (34 U.S.C. 20501); 

14 (C) to assist in identifying any person who 

15 has been lawfully arrested, during the process 

16 of booking that person after an arrest or during 

17 that person’s custodial detention; or 

18 (D) to assist in identifying any person— 

19 (i) if the appropriate prosecutor deter20 mines that an emergency situation exists— 

21 (I) that involves immediate dan22 ger of death or serious physical injury 

23 to any person; or 

24 (II) that requires the use of fa25 cial recognition in conjunction with a 


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1 reference photo database to occur be2 fore an order authorizing such use 

3 can, with due diligence, be obtained; 

4 and 

5 (ii) there are grounds upon which an 

6 order could be entered under this section 

7 to authorize such use. 

8 (2) SUBSEQUENT AUTHORIZATION.—If an in9 vestigative or law enforcement officer uses facial rec10 ognition pursuant to paragraph (1)(D), the pros11 ecutor shall apply for an order approving the use 

12 under subsection (b) within 12 hours after the use 

13 occurred. The use shall immediately terminate when 

14 the application for approval is denied, or in the ab15 sence of an application, within 12 hours. In cases 

16 where an order is not obtained or denied, the officer 

17 shall destroy all information obtained as a result of 

18 the search. 

19 (3) AFFIDAVIT REQUIRED.—With respect to use 

20 of facial recognition pursuant to paragraph (1)(D), 

21 an appropriate prosecutor shall submit an affidavit 

22 to the court identifying specific details on why they 

23 believe that an emergency situation under clause (i) 

24 exists. 


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1 (d) STATE LAW PRESERVED.—The authorities pro2 vided by subsections (b) and (c) do not authorize access 

3 reference photo databases maintained by a State, or a po4 litical subdivision of a State, unless State law expressly 

5 and unambiguously authorizes an investigative or law en6 forcement officer to— 

7 (1) access driver’s license and identification 

8 document photos; and 

9 (2) use facial recognition to conduct searches of 

10 those photos. 

11 SEC. 102. CIVIL RIGHTS AND CIVIL LIBERTIES. 

12 (a) IN GENERAL.—An investigative or law enforce13 ment officer may not— 

14 (1) use facial recognition to create a record de15 scribing how any individual exercises rights guaran16 teed by the Constitution, including free assembly, as17 sociation, and speech; 

18 (2) rely on actual or perceived race, ethnicity, 

19 national origin, religion, disability, gender, gender 

20 identity, or sexual orientation in selecting which per21 son to subject to facial recognition, except when 

22 there is trustworthy information, relevant to the lo23 cality and time frame, in the context of a particular 

24 area and for a particular period of time, that links 

25 a person with a particular characteristic described in 


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1 this subsection to an identified criminal incident or 

2 scheme; or 

3 (3) use facial recognition to enforce the immi4 gration laws of the United States or share facial rec5 ognition data with other agencies for the purposes of 

6 enforcing the immigration laws of the United States. 

7 (b) PROHIBITION ON USE WITH BODY CAMERAS.— 

8 Any investigative or law enforcement officer may not use 

9 or request facial recognition in conjunction with any image 

10 obtained from a body camera worn by that or any other 

11 officer, dashboard camera, or any aircraft camera, includ12 ing a drone. 

13 (c) PROHIBITION ON CERTAIN FACIAL RECOGNI14 TION.—Any investigative or law enforcement officer may 

15 not use or request facial recognition for the purpose of 

16 face surveillance. 

17 (d) ENSURING CORROBORATION AND PREVENTING

18 OVER RELIANCE ON MATCHES.—A facial recognition 

19 match may not be the sole basis upon which probable 

20 cause is established for a search, arrest, or other law en21 forcement action. Any investigative and law enforcement 

22 officers using information obtained from the use of facial 

23 recognition shall examine results with care and consider 

24 the possibility that matches could be inaccurate. 


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1 (e) PROHIBITION ON ILLEGITIMATELY OBTAINED IN2 FORMATION.—An investigative or law enforcement office 

3 may not use facial recognition in conjunction with a data4 base that contains illegitimately obtained information. 

5 SEC. 103. LOGGING OF SEARCHES. 

6 A law enforcement agency whose investigative or law 

7 enforcement officers use facial recognition shall log its use 

8 of the facial recognition to the extent necessary to comply 

9 with the public reporting and audit requirements of sec10 tions 104 and 105 of this Act. 

11 SEC. 104. REPORTING. 

12 (a) STATE REPORTING REQUIRED.— 

13 (1) STATE JUDICIARY.—Not later than the last 

14 day of the first January after the date of the enact15 ment of this Act, and each January thereafter, each 

16 State judge who has issued a court order authorizing 

17 or approving facial recognition in conjunction with a 

18 reference photo database shall report to a State 

19 agency (as determined by the chief executive of the 

20 State) the following information: 

21 (A) The number of orders or extensions 

22 was applied for. 

23 (B) Whether the order or extension was 

24 issued pursuant to section 101(b) or section 

25 102(c). 


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1 (C) Whether the order or extension was 

2 granted as applied for, was modified, or was de3 nied. 

4 (D) The offense specified in the order or 

5 application, or extension of an order. 

6 (E) The identity of the applying investiga7 tive or law enforcement officer and agency mak8 ing the application and the person authorizing 

9 the application. 

10 (F) For orders issued pursuant to section 

11 101(c), the reference photo database that was 

12 searched. 

13 (2) PROSECUTORS.—Not later than the last day 

14 of the first January after the date of the enactment 

15 of this Act, and each January thereafter, each State 

16 prosecutor, or a prosecutor of a political subdivision 

17 thereof, who has requested a court order authorizing 

18 or approving facial recognition in conjunction with a 

19 reference photo database shall report to a State 

20 agency (as determined by the chief executive of the 

21 State) the following information with respect to the 

22 use of facial recognition in conjunction with an ref23 erence photo database: 

24 (A) The number of such searches run. 


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1 (B) The offenses that those searches were 

2 used to investigate, and for each offense, the 

3 number of searches run. 

4 (C) The arrests that such searches contrib5 uted to, and the offenses for which the arrests 

6 were made, disaggregated by race, ethnicity, 

7 gender, and age. 

8 (D) The number of convictions that such 

9 searches contributed to and the offenses for 

10 which the convictions were obtained, 

11 disaggregated by race, ethnicity, gender, and 

12 age. 

13 (E) The number of motions to suppress 

14 made with respect to those searches, and the 

15 number granted or denied. 

16 (F) The types and names of databases that 

17 were used and the number of photos removed 

18 with respect to arrest photo databases that 

19 were confirmed to have been removed in accord20 ance with this section. 

21 (3) REPORT TO BUREAU OF JUSTICE ASSIST22 ANCE.—Not later than 90 days after such report is 

23 submitted under paragraph (1), and annually there24 after, the State agency shall report the information 


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1 collected under paragraph (1) to the Director of the 

2 Bureau of Justice Assistance. 

3 (4) REPORT TO ADMINISTRATIVE OFFICE OF

4 THE UNITED STATES COURTS.—Not later than 90 

5 days after such report is submitted under paragraph 

6 (2), and annually thereafter, the State agency shall 

7 report the information collected under paragraph (2) 

8 to the Director of the Administrative Office of the 

9 United States Courts. 

10 (b) FEDERAL REPORTING REQUIRED.—Not later 

11 than the last day of the first January after the date of 

12 the enactment of this Act, and each January thereafter— 

13 (1) each Federal judge who has issued a court 

14 order authorizing or approving facial recognition in 

15 conjunction with a reference photo database shall 

16 submit to the Director of the Administrative Office 

17 of the United States Courts a report including the 

18 information under subparagraphs (A) through (F) of 

19 subsection (a)(1); and 

20 (2) and a Federal prosecutor who requested 

21 such order, shall submit to the Director of the Ad22 ministrative Office of the United States Courts a re23 port including the information under subparagraphs 

24 (A) through (G) of subsection (a)(2). 


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1 (c) PUBLIC REPORTING.—In June of each year the 

2 Director of the Administrative Office of the United States 

3 Courts shall release to the public, post online, and trans4 mit to the Congress a full and complete report concerning 

5 the use of facial recognition in conjunction with reference 

6 photo databases, including the information reported to the 

7 Director pursuant to subsections (a) and (b). 

8 (d) RULES.—The Director of the Bureau of Justice 

9 Assistance and the Director of the Administrative Office 

10 of the United States Courts shall issue rules with respect 

11 to the content and form of the reports required to be filed 

12 under subsections (a) through (c) of this section and sec13 tions 105 and 106 of this Act. 

14 SEC. 105. AUDITS. 

15 (a) FEDERAL LEVEL AUDIT.— 

16 (1) IN GENERAL.—Any Federal law enforce17 ment agency whose investigative or law enforcement 

18 officers use facial recognition, regardless of whether 

19 they use a system operated by that agency or an20 other agency, shall annually submit data with re21 spect to their use of facial recognition for audit by 

22 the Government Accountability Office to prevent and 

23 identify misuse and to ensure compliance with sec24 tions 101, 102, and 103 of this Act, including— 


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1 (A) a summary of the findings of the 

2 audit, including the number and nature of vio3 lations identified; and 

4 (B) information about the procedures used 

5 by the law enforcement agency to remove arrest 

6 photos from databases in accordance with this 

7 Act. 

8 (2) SUSPENSION.— 

9 (A) IN GENERAL.—If a violation is uncov10 ered by the audit conducted under paragraph 

11 (1), the Federal law enforcement agency shall 

12 cease using facial recognition until such time 

13 that all violations have been corrected. 

14 (B) PUBLIC NOTICE.—If use of facial rec15 ognition is suspended pursuant to subparagraph 

16 (A), the Federal law enforcement agency shall 

17 notify the public of such suspension. 

18 (b) STATE LEVEL AUDIT.— 

19 (1) IN GENERAL.—Any State or local law en20 forcement agency whose investigative or law enforce21 ment officers use facial recognition, regardless of 

22 whether they use a system operated by that agency 

23 or another agency, shall annually submit data with 

24 respect to their use of facial recognition to an inde25 pendent State agency (as determined by the chief exVerDate Sep 11 2014 17:32 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H6092.IH H6092

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1 ecutive of the State) to prevent and identify misuse 

2 and to ensure compliance with sections 101, 102, 

3 and 103 of this Act. Such independent State agency 

4 shall report— 

5 (A) a summary of the findings of the 

6 audit, including the number and nature of vio7 lations identified, to Director of the Administra8 tive Office of the United States Courts, and 

9 subsequently release that information to the 

10 public and post it online; 

11 (B) information about the procedures used 

12 by the law enforcement agency to remove arrest 

13 photos from databases in accordance with this 

14 section; and 

15 (C) any violations identified by the inde16 pendent State agency. 

17 (2) SUSPENSION.— 

18 (A) IN GENERAL.—If a violation is uncov19 ered by the audit conducted under paragraph 

20 (1), the State or local law enforcement agency 

21 shall cease using facial recognition until such 

22 time that all violations have been corrected. 

23 (B) PUBLIC NOTICE.—If use of facial rec24 ognition is suspended pursuant to subparagraph 


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1 (A), the State or local law enforcement agency 

2 shall notify the public of such suspension. 

3 (c) DISAGGREGATED DATA.—Data collected pursu4 ant to subsection (a) or (b) shall, when feasible, be col5 lected in a manner that allows such data to be 

6 disaggregated by race, ethnicity, gender, and age. 

7 SEC. 106. ACCURACY AND BIAS TESTING. 

8 (a) BENCHMARK TESTING.—No investigative or law 

9 enforcement officers may use a facial recognition system 

10 or information derived from it unless that system is annu11 ally submitted to the National Institute of Standards and 

12 Technology’s benchmark facial recognition test for law en13 forcement to determine— 

14 (1) the accuracy of the system; and 

15 (2) whether the accuracy of the system varies 

16 significantly on the basis of race, ethnicity, gender 

17 or age. 

18 (b) BENCHMARK TESTING FOR NEW SYSTEMS.—No 

19 investigative or law enforcement officers may begin using 

20 a new facial recognition system or information derived 

21 from it unless that system is first submitted to inde22 pendent testing to determine— 

23 (1) the accuracy of the system; and 


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1 (2) whether the accuracy of the system varies 

2 significantly on the basis of race, ethnicity, gender, 

3 or age. 

4 (c) PROHIBITION.—Any investigative or law enforce5 ment officer may not use facial recognition that has not 

6 achieved a sufficiently high level of accuracy, including in 

7 terms of overall accuracy and variance on the basis of 

8 race, ethnicity, gender, or age, as determined by the Na9 tional Institute of Standards and Technology, on its an10 nual benchmark test for law enforcement use. 

11 (d) OPERATIONAL TESTING.—No investigative or law 

12 enforcement agencies may use a facial recognition system 

13 or information derived from it unless that system is annu14 ally submitted to operational testing conducted by an inde15 pendent entity, in accordance with National Institute of 

16 Standards and Technology’s training protocol for oper17 ational testing, to determine— 

18 (1) the accuracy of the system; 

19 (2) the impact of human reviewers on system 

20 accuracy; and 

21 (3) whether the accuracy of the system varies 

22 significantly on the basis of race, ethnicity, gender, 

23 or age. 

24 (e) REPORTING.—A summary of the findings of the 

25 tests required by subsection (a) or (d) shall be submitted 


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1 to the Director of the Administrative Office of the United 

2 States Courts and posted on the internet website of the 

3 Administrative Office of the United States Courts. 

4 (f) RULEMAKING REQUIRED.—The Assistant Attor5 ney General of the Department of Justice Civil Rights Di6 vision shall issue a rule that establishes what is a suffi7 ciently high level of accuracy for a facial recognition sys8 tem used by law enforcement, including in terms of overall 

9 accuracy and variance on the basis of race, ethnicity, gen10 der, and age. The Assistant Attorney General of the De11 partment of Justice Civil Rights Division shall consult 

12 with outside experts in civil rights, civil liberties, racial 

13 justice, data privacy, bioethics, law enforcement, public de14 fense, and forensic science and other relevant areas of ex15 pertise in drafting the proposed rule. 

16 (g) EFFECTIVE DATE.—This section shall take effect 

17 18 months after the date of enactment of this Act. 

18 SEC. 107. ENFORCEMENT. 

19 (a) SUPPRESSION.—In the case that the use of facial 

20 recognition has occurred, no results from the use and no 

21 evidence derived therefrom may be received in evidence in 

22 any trial, hearing, or other proceeding in or before any 

23 court, grand jury, department, officer, agency, regulatory 

24 body, legislative committee, or other authority of the 

25 United States, a State, or a political subdivision thereof 


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1 if the use of facial recognition violated this Act or if the 

2 use was conducted in an emergency under section 101 and 

3 the officer or agency did not subsequently obtain an order 

4 for that use as required under such section. 

5 (b) ADMINISTRATIVE DISCIPLINE.—If a court or law 

6 enforcement agency determines that an investigative or 

7 law enforcement officer has violated any provision of this 

8 Act, and the court or agency finds that the circumstances 

9 surrounding the violation raise serious questions about 

10 whether or not the officer acted intentionally with respect 

11 to the violation, the agency shall promptly initiate a pro12 ceeding to determine whether disciplinary action against 

13 the officer is warranted. 

14 (c) CIVIL ACTION.— 

15 (1) IN GENERAL.—Any person who is subject to 

16 identification or attempted identification through fa17 cial recognition in violation of this Act may bring a 

18 civil action in the appropriate court to recover such 

19 relief as may be appropriate from the investigative 

20 or law enforcement officer or the State or Federal 

21 law enforcement agency which engaged in that viola22 tion. 

23 (2) RELIEF.—In an action under this sub24 section, appropriate relief includes— 


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1 (A) such preliminary and other equitable 

2 or declaratory relief as may be appropriate; 

3 (B) damages under paragraph (3) and pu4 nitive damages in appropriate cases; and 

5 (C) a reasonable attorney’s fee and other 

6 litigation costs reasonably incurred. 

7 (3) COMPUTATION OF DAMAGES.—The court 

8 may assess as damages whichever is the greater of— 

9 (A) any profits made with respect to the 

10 violation suffered by the plaintiff; or 

11 (B) $50,000 for each violation. 

12 (4) DEFENSE.—A good faith reliance on— 

13 (A) a court warrant or order, a grand jury 

14 subpoena, a legislative authorization, or a statu15 tory authorization; or 

16 (B) a good faith determination that section 

17 101 permitted the conduct complained of, 

18 is a complete defense against any civil action 

19 brought under this Act. 

20 (5) LIMITATION.—A civil action under this sec21 tion may not be commenced later than two years 

22 after the date upon which the claimant first has a 

23 reasonable opportunity to discover the violation. 

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1 ognition or face surveillance by a law enforcement agency, 

2 or any technological element, criteria, method, or design 

3 feature thereof acting individually or in concert, results 

4 in disparate treatment or adverse impact against an indi5 vidual or class of individuals on the basis of race, ethnicity, 

6 gender, or age. 

7 SEC. 108. NOTICE REQUIREMENT. 

8 (a) NOTICE REQUIREMENT.—A law enforcement 

9 agency that uses facial recognition to attempt to identify 

10 an individual who is arrested shall, at minimum, provide 

11 to the individual— 

12 (1) a notice of— 

13 (A) the name the law enforcement agency 

14 that operated the facial recognition system 

15 used; and 

16 (B) the name of the database, if any, that 

17 was used to identify the individual; and 

18 (2) a copy of— 

19 (A) the order that authorized the use of fa20 cial recognition; 

21 (B) accuracy or bias reports required 

22 under this Act; 

23 (C) each probe image that was used by the 

24 agency; 


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1 (D) any modifications made to the probe 

2 image; 

3 (E) the candidate list, in rank order, pro4 duced by the facial recognition system; and 

5 (F) any other police documentation related 

6 to the use of facial recognition in the law en7 forcement investigation. 

8 (b) LANGUAGE REQUIREMENT.—The information re9 quired under subsection (a) shall be provided to such indi10 vidual in an appropriate language for such individual if 

11 the individual is not fluent or literate in English. 

12 TITLE II—CERTAIN REQUIRE13 MENTS AND LIMITATIONS ON 

14 FACIAL RECOGNITION SYS15 TEMS AND RESEARCH 

16 SEC. 201. NATIONAL INSTITUTE FOR STANDARDS AND 

17 TECHNOLOGY ASSISTANCE. 

18 (a) IN GENERAL.—The National Institute of Stand19 ards and Technology (hereinafter in this section referred 

20 to as ‘‘NIST’’) shall— 

21 (1) develop best practices for law enforcement 

22 agencies to evaluate the accuracy and fairness of 

23 their facial recognition systems; 

24 (2) develop and offer an ongoing benchmark fa25 cial recognition test for law enforcement that— 


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1 (A) conducts evaluations of actual algo2 rithms used by law enforcement agencies; 

3 (B) uses the types of probe images, includ4 ing in terms of quality, actually used by law en5 forcement agencies in its testing; 

6 (C) evaluates algorithms on larger data7 bases that reflect the size of databases actually 

8 used by law enforcement; and 

9 (D) evaluates whether the accuracy of a fa10 cial recognition algorithm varies on the basis of 

11 race, ethnicity, gender, or age and assessments 

12 of bias in facial recognition systems; 

13 (3) develop an operational testing protocol that 

14 independent testers and law enforcement agencies 

15 may implement for annual operational testing to de16 termine— 

17 (A) the accuracy of the facial recognition 

18 system; 

19 (B) the impact of human reviewers on fa20 cial recognition system accuracy; and 

21 (C) whether the accuracy of the facial rec22 ognition system varies significantly on the basis 

23 of race, ethnicity, gender, or age; and 

24 (4) study and develop training standards for 

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1 ognition searches to ensure accuracy and prevent 

2 bias. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to the National Institute of 

5 Standards and Technology to carry out subsection (a) 

6 $5,000,000 for each of the fiscal years 2024 through 

7 2027. 

8 SEC. 202. RULE OF CONSTRUCTION WITH RESPECT TO 

9 STATE AND LOCAL PRIVACY PROTECTIONS. 

10 (a) RULE OF CONSTRUCTION.—Nothing in this Act 

11 shall be construed to preempt concurrent or more strin12 gent limitations on the use of facial recognition, or any 

13 other privacy, civil rights, and civil liberties laws and rules, 

14 by the Federal Government, a State, or a political subdivi15 sion of a State. 

16 (b) USE OF FACIAL RECOGNITION.—Nothing in this 

17 Act shall be construed to authorize the use of facial rec18 ognition by a State, or a political subdivision of a State, 

19 unless the laws of that State or political subdivision ex20 pressly and unambiguously authorizes such use. 

21 SEC. 203. POLICY ON USE OF FACIAL RECOGNITION SYS22 TEMS REQUIRED. 

23 Not later than 90 days after the date of the enact24 ment of this Act, each agency covered by this statute shall 

25 establish and make publicly available on the internet 


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1 website of such agency a policy governing the agency’s use 

2 of facial recognition systems to ensure investigative or law 

3 enforcement officer compliance with the requirements of 

4 this Act. 

5 SEC. 204. LIMITATION ON LIABILITY. 

6 A State shall not be immune under the eleventh 

7 amendment to the Constitution of the United States from 

8 an action in Federal or State court of competent jurisdic9 tion for a violation of this Act. In any action against a 

10 State for a violation of the requirements of this Act, rem11 edies (including remedies both at law and in equity) are 

12 available for such a violation to the same extent as such 

13 remedies are available for such a violation in an action 

14 against any public or private entity other than a State. 

Æ 


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