of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3750 et seq.), if the State or unit 
of local government fails to substantially to comply with 
the requirements under this Act for a fiscal year, the At-
torney General shall reduce the amount that would other-
wise be awarded to that State or unit of local government 
under such grant program in the following fiscal year by 
15 percent. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ARREST PHOTO DATABASE.—The term ‘‘ar-
rest photo database’’ means a database populated 
primarily by booking or arrest photographs or photo-
graphs of persons encountered by an investigative or 
law enforcement officer. 
(2) CANDIDATE
LIST.—The term ‘‘candidate 
list’’ means the top images that a facial recognition 
system determines to most closely match a probe 
image. 
(3) DERIVED.—The term ‘‘derived’’ means that 
a Federal or State government would not have pos-
sessed the information or evidence but for the use of 
facial recognition, regardless of any claim that the 
information or evidence is attenuated from such rec-
ognition, and would inevitably have been discovered 
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or obtained the information or evidence through 
other means. 
(4) FACIAL
RECOGNITION.—The term ‘‘facial 
recognition’’ means an automated or semi-automated 
process that assists in identifying or verifying an in-
dividual or captures information about an individual 
based on the physical characteristics of an individ-
ual’s face, head or body, or that uses characteristics 
of an individual’s face, head or body, to infer emo-
tion, associations, activities, or the location of an in-
dividual. 
(5) FACE SURVEILLANCE.—The term ‘‘face sur-
veillance’’ means the use of facial recognition with 
real-time or stored video footage to track, observe, 
or analyze the movements, behavior, data, or actions 
of an individual or groups of individuals. 
(6) 
ILLEGITIMATELY
OBTAINED
INFORMA-
TION.—The term ‘‘illegitimately obtained informa-
tion’’ means personal data or information that was 
obtained— 
(A) in a manner that violates Federal, 
State, or Tribal law; 
(B) in a manner that violates a service 
agreement between a provider of an electronic 
communication service to the public or a pro-
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vider of a remote computing service and cus-
tomers or subscribers of that provider; 
(C) in a manner that is inconsistent with 
the privacy policy of a provider described in 
subparagraph (B), if applicable; 
(D) by deceiving a person whose informa-
tion was obtained; 
(E) through the unauthorized access of an 
electronic device or online account; 
(F) in violation of a contract, court settle-
ment, or other binding legal agreement; or 
(G) from unlawful or unconstitutional 
practices by any government official or entity. 
(7) INVESTIGATIVE OR LAW ENFORCEMENT OF-
FICER.—The term ‘‘investigative or law enforcement 
officer’’ means— 
(A) any officer of a State or a political 
subdivision thereof, or of the United States, 
who is empowered by law to conduct investiga-
tions of or to make arrests for civil or criminal 
offenses or violations of Federal or State law 
and any attorney authorized by law to pros-
ecute or participate in the prosecution of such 
offenses; and 
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(B) does not include any officer, employee, 
or contractor of a State department of motor 
vehicles. 
(8) LAW
ENFORCEMENT
AGENCY.—The term 
‘‘law enforcement agency’’ means any agency of the 
United States authorized to engage in or supervise 
the prevention, detection, investigation, or prosecu-
tion of any violation of civil or criminal law. 
(9) PROBE IMAGE.—The term ‘‘probe image’’ 
means an image of a person that is searched against 
a database of known, identified persons or an un-
solved photo file. 
(10) PROSECUTOR.—The term ‘‘prosecutor’’ 
means the principal prosecuting attorney of a State 
or any political subdivision thereof and any attorney 
for the Government (as such term is defined for the 
purposes of the Federal Rules of Criminal Proce-
dure). 
(11) OPERATIONAL TESTING.—The term ‘‘oper-
ational testing’’ means testing that evaluates a com-
plete facial recognition system as it is used in the 
field, including measuring false positive and false 
negative error rates for field uses of the system on 
operational or operationally representative data and 
under the environmental conditions and technical 
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product settings and configurations typically used, 
as well as assessing the variability of system use by 
different users. 
(12) 
REFERENCE
PHOTO
DATABASE.—The 
term ‘‘reference photo database’’ means a database 
populated with photos of individuals that have been 
identified, including databases composed of driver’s 
licenses, passports, or other documents made or 
issued by or under the authority of the United 
States Government, a State, a political subdivision 
thereof, databases operated by third parties, and ar-
rest photo databases. 
(13) STATE.—The term ‘‘State’’ means each 
State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Virgin Is-
lands, American Samoa, Guam, and the Northern 
Mariana Islands. 
TITLE I—USE OF FACIAL REC-
OGNITION BY LAW ENFORCE-
MENT 
SEC. 101. FACIAL RECOGNITION. 
(a) REFERENCE PHOTO DATABASES.— 
(1) IN GENERAL.—An investigative or law en-
forcement officer may only use or request facial rec-
ognition in conjunction with a reference photo data-
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