base pursuant to an order issued under subsection 
(b) and the emergencies and exceptions under sub-
section (c). 
(2) MAINTENANCE.— 
(A) IN GENERAL.—Beginning on 180 days 
after the date of the enactment of this Act, and 
every six months thereafter, with respect to an 
arrest photo database used in conjunction with 
facial recognition, the custodian of such arrest 
photo database shall remove from such data-
base all photos of each person who— 
(i) has not attained 18 years of age; 
(ii) has been released without a 
charge; 
(iii) has been released after charges 
are dropped or dismissed; or 
(iv) was acquitted of the charged of-
fense. 
(B) RULE OF CONSTRUCTION.—Nothing in 
this paragraph shall be construed to prohibit an 
investigative or law enforcement officer from 
using a database for other investigative proce-
dures, such as finger printing, and shall only 
apply to the use of a reference photo database 
for the use of facial recognition. 
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(3) PROCEDURES.—Any agency responsible for 
maintaining and operating an arrest photo database 
shall establish procedures to ensure compliance with 
paragraph (3). 
(b) ORDERS.— 
(1) APPROVAL.—An application for a warrant 
to use a reference photo database may not be sub-
mitted for consideration by a court unless the head 
of a law enforcement agency (or a designee) ap-
proves such an application. 
(2) AUTHORITY.—Except as provided by sub-
section (d), the principal prosecutor 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), may make an application to a court of com-
petent jurisdiction for, in conformity with paragraph 
(3), an order authorizing the use of facial recogni-
tion in conjunction with a reference photo database 
within the jurisdiction of that judge. 
(3) APPLICATION.—Except as provided in sub-
section (c), a court of competent jurisdiction may 
issue an order authorizing the use of facial recogni-
tion in conjunction with a reference photo database 
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if a prosecutor submits an application to that court 
that establishes the following: 
(A) The identity of the investigative or law 
enforcement officer making the application, and 
the officer authorizing the application. 
(B) As full and complete a description as 
possible of the person that the officer seeks to 
identify. 
(C) The photos or video portraying the 
person that will be used to search the reference 
photo database. 
(D) Any details regarding other investiga-
tive measures taken to identify such person and 
an explanation for why such measures failed or 
are reasonably unlikely to succeed. 
(E) Any other investigative procedures to 
identify such person have been tried and failed 
or are reasonably unlikely to succeed. 
(F) Probable cause to believe that such 
person has committed or is committing a par-
ticular offense or offenses enumerated in sec-
tion 3559(c)(2)(F) of title 18, United States 
Code. 
(4) CONTENTS
OF
ORDER.—The order de-
scribed in this paragraph shall include the following: 
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(A) All information required to be included 
in the application pursuant to such paragraph 
(3). 
(B) A prohibition on the use, for purposes 
of a search of a reference photo database, other 
than pursuant to another order under this Act, 
of any photo or video not specifically listed in 
the order. 
(C) A time period within which the search 
shall be made not more than 7 days, and after 
which no such search may be made, except pur-
suant to another order under this Act. 
(D) The authority under which the search 
is to be made. 
(5) NOTICE TO THE PUBLIC.— 
(A) IN GENERAL.—Each State department 
of motor vehicles shall post notices in con-
spicuous locations at each department office, 
make written information available to all appli-
cants at each office, and provide information on 
the department website regarding State inves-
tigative or law enforcement officers’ searches of 
driver’s license and ID photos through facial 
recognition. The notices, written information, 
and online information must describe how offi-
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cers use and access facial recognition in crimi-
nal investigations. 
(B) LANGUAGE
REQUIREMENT.—Notices 
required under subparagraph (A) shall be post-
ed, as necessary and reasonable, in Spanish or 
any language common to a significant portion 
of the department’s customers, if they are not 
fluent in English. The department shall provide 
translations of the poster and an electronic link 
that leads to the department’s website upon re-
quest. 
(6) CONFORMING AMENDMENTS.—Section 2721 
of title 18, United States Code, is amended— 
(A) in subsection (a)— 
(i) in paragraph (1), by striking the 
‘‘or’’ at the end; 
(ii) in paragraph (2), by striking the 
period at the end and inserting ‘‘; or’’; and 
(iii) by inserting after paragraph (2) 
the following: 
‘‘(3) a department operated facial recognition 
system, except as provided in subsection (f) of this 
section.’’; 
(B) in subsection (b)(1), by inserting be-
fore the period at the end the following: ‘‘but if 
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the personal information or highly restricted 
personal information to be disclosed is a per-
son’s photograph to be used or enrolled in a law 
enforcement facial recognition system, only on a 
case-by-case basis that does not involve the bulk 
transfer of persons’ photographs to a State or 
Federal law enforcement agency or a qualified 
third party entity that will allow law enforce-
ment to access those photographs for the pur-
poses of facial recognition’’; and 
(C) by adding at the end the following: 
‘‘(f) LAW ENFORCEMENT ACCESS TO FACIAL REC-
OGNITION SYSTEMS.—A State department of motor vehi-
cles, and any officer, employee, or contractor thereof, may 
make available a department-operated facial recognition 
system to a State or Federal law enforcement agency, or 
perform searches of such a system on behalf of the agency, 
only pursuant to an order issued under section 101 of the 
Facial Recognition Act of 2025.’’. 
(c) EMERGENCIES AND EXCEPTIONS.— 
(1) INITIAL USE.—Notwithstanding subsections 
(a) and (b), an investigative or law enforcement offi-
cer may use or request facial recognition in conjunc-
tion with a reference photo database— 
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(A) to assist in identifying any person who 
is deceased, incapacitated or otherwise phys-
ically unable of identifying himself, or the vic-
tim of a crime, whom the officer determines, in 
good faith, cannot be identified through other 
means; 
(B) to assist in identifying a person whom 
the officer believes, in good faith, is the subject 
of an alert through an AMBER Alert commu-
nications network, as that term is used in sec-
tion 301 of the Prosecutorial Remedies and 
Other Tools to end the Exploitation of Children 
Today Act of 2003 (34 U.S.C. 20501); 
(C) to assist in identifying any person who 
has been lawfully arrested, during the process 
of booking that person after an arrest or during 
that person’s custodial detention; or 
(D) to assist in identifying any person— 
(i) if the appropriate prosecutor deter-
mines that an emergency situation exists— 
(I) that involves immediate dan-
ger of death or serious physical injury 
to any person; or 
(II) that requires the use of fa-
cial recognition in conjunction with a 
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reference photo database to occur be-
fore an order authorizing such use 
can, with due diligence, be obtained; 
and 
(ii) there are grounds upon which an 
order could be entered under this section 
to authorize such use. 
(2) SUBSEQUENT AUTHORIZATION.—If an in-
vestigative or law enforcement officer uses facial rec-
ognition pursuant to paragraph (1)(D), the pros-
ecutor shall apply for an order approving the use 
under subsection (b) within 12 hours after the use 
occurred. The use shall immediately terminate when 
the application for approval is denied, or in the ab-
sence of an application, within 12 hours. In cases 
where an order is not obtained or denied, the officer 
shall destroy all information obtained as a result of 
the search. 
(3) AFFIDAVIT REQUIRED.—With respect to use 
of facial recognition pursuant to paragraph (1)(D), 
an appropriate prosecutor shall submit an affidavit 
to the court identifying specific details on why they 
believe that an emergency situation under clause (i) 
exists. 
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(d) STATE LAW PRESERVED.—The authorities pro-
vided by subsections (b) and (c) do not authorize access 
reference photo databases maintained by a State, or a po-
litical subdivision of a State, unless State law expressly 
and unambiguously authorizes an investigative or law en-
forcement officer to— 
(1) access driver’s license and identification 
document photos; and 
(2) use facial recognition to conduct searches of 
those photos. 
SEC. 102. CIVIL RIGHTS AND CIVIL LIBERTIES. 
(a) IN GENERAL.—An investigative or law enforce-
ment officer may not— 
(1) use facial recognition to create a record de-
scribing how any individual exercises rights guaran-
teed by the Constitution, including free assembly, as-
sociation, and speech; 
(2) rely on actual or perceived race, ethnicity, 
national origin, religion, disability, gender, gender 
identity, or sexual orientation in selecting which per-
son to subject to facial recognition, except when 
there is trustworthy information, relevant to the lo-
cality and time frame, in the context of a particular 
area and for a particular period of time, that links 
a person with a particular characteristic described in 
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this subsection to an identified criminal incident or 
scheme; or 
(3) use facial recognition to enforce the immi-
gration laws of the United States or share facial rec-
ognition data with other agencies for the purposes of 
enforcing the immigration laws of the United States. 
(b) PROHIBITION ON USE WITH BODY CAMERAS.— 
Any investigative or law enforcement officer may not use 
or request facial recognition in conjunction with any image 
obtained from a body camera worn by that or any other 
officer, dashboard camera, or any aircraft camera, includ-
ing a drone. 
(c) PROHIBITION
ON CERTAIN FACIAL RECOGNI-
TION.—Any investigative or law enforcement officer may 
not use or request facial recognition for the purpose of 
face surveillance. 
(d) ENSURING CORROBORATION AND PREVENTING 
OVER RELIANCE
ON MATCHES.—A facial recognition 
match may not be the sole basis upon which probable 
cause is established for a search, arrest, or other law en-
forcement action. Any investigative and law enforcement 
officers using information obtained from the use of facial 
recognition shall examine results with care and consider 
the possibility that matches could be inaccurate. 
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(e) PROHIBITION ON ILLEGITIMATELY OBTAINED IN-
FORMATION.—An investigative or law enforcement office 
may not use facial recognition in conjunction with a data-
base that contains illegitimately obtained information. 
SEC. 103. LOGGING OF SEARCHES. 
A law enforcement agency whose investigative or law 
enforcement officers use facial recognition shall log its use 
of the facial recognition to the extent necessary to comply 
with the public reporting and audit requirements of sec-
tions 104 and 105 of this Act. 
SEC. 104. REPORTING. 
(a) STATE REPORTING REQUIRED.— 
(1) STATE JUDICIARY.—Not later than the last 
day of the first January after the date of the enact-
ment of this Act, and each January thereafter, each 
State judge who has issued a court order authorizing 
or approving facial recognition in conjunction with a 
reference photo database shall report to a State 
agency (as determined by the chief executive of the 
State) the following information: 
(A) The number of orders or extensions 
was applied for. 
(B) Whether the order or extension was 
issued pursuant to section 101(b) or section 
102(c). 
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(C) Whether the order or extension was 
granted as applied for, was modified, or was de-
nied. 
(D) The offense specified in the order or 
application, or extension of an order. 
(E) The identity of the applying investiga-
tive or law enforcement officer and agency mak-
ing the application and the person authorizing 
the application. 
(F) For orders issued pursuant to section 
101(c), the reference photo database that was 
searched. 
(2) PROSECUTORS.—Not later than the last day 
of the first January after the date of the enactment 
of this Act, and each January thereafter, each State 
prosecutor, or a prosecutor of a political subdivision 
thereof, who has requested a court order authorizing 
or approving facial recognition in conjunction with a 
reference photo database shall report to a State 
agency (as determined by the chief executive of the 
State) the following information with respect to the 
use of facial recognition in conjunction with an ref-
erence photo database: 
(A) The number of such searches run. 
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(B) The offenses that those searches were 
used to investigate, and for each offense, the 
number of searches run. 
(C) The arrests that such searches contrib-
uted to, and the offenses for which the arrests 
were made, disaggregated by race, ethnicity, 
gender, and age. 
(D) The number of convictions that such 
searches contributed to and the offenses for 
which 
the 
convictions 
were 
obtained, 
disaggregated by race, ethnicity, gender, and 
age. 
(E) The number of motions to suppress 
made with respect to those searches, and the 
number granted or denied. 
(F) The types and names of databases that 
were used and the number of photos removed 
with respect to arrest photo databases that 
were confirmed to have been removed in accord-
ance with this section. 
(3) REPORT TO BUREAU OF JUSTICE ASSIST-
ANCE.—Not later than 90 days after such report is 
submitted under paragraph (1), and annually there-
after, the State agency shall report the information 
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collected under paragraph (1) to the Director of the 
Bureau of Justice Assistance. 
(4) REPORT
TO
ADMINISTRATIVE
OFFICE
OF 
THE UNITED STATES COURTS.—Not later than 90 
days after such report is submitted under paragraph 
(2), and annually thereafter, the State agency shall 
report the information collected under paragraph (2) 
to the Director of the Administrative Office of the 
United States Courts. 
(b) FEDERAL REPORTING REQUIRED.—Not later 
than the last day of the first January after the date of 
the enactment of this Act, and each January thereafter— 
(1) each Federal judge who has issued a court 
order authorizing or approving facial recognition in 
conjunction with a reference photo database shall 
submit to the Director of the Administrative Office 
of the United States Courts a report including the 
information under subparagraphs (A) through (F) of 
subsection (a)(1); and 
(2) and a Federal prosecutor who requested 
such order, shall submit to the Director of the Ad-
ministrative Office of the United States Courts a re-
port including the information under subparagraphs 
(A) through (G) of subsection (a)(2). 
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(c) PUBLIC REPORTING.—In June of each year the 
Director of the Administrative Office of the United States 
Courts shall release to the public, post online, and trans-
mit to the Congress a full and complete report concerning 
the use of facial recognition in conjunction with reference 
photo databases, including the information reported to the 
Director pursuant to subsections (a) and (b). 
(d) RULES.—The Director of the Bureau of Justice 
Assistance and the Director of the Administrative Office 
of the United States Courts shall issue rules with respect 
to the content and form of the reports required to be filed 
under subsections (a) through (c) of this section and sec-
tions 105 and 106 of this Act. 
SEC. 105. AUDITS. 
(a) FEDERAL LEVEL AUDIT.— 
(1) IN
GENERAL.—Any Federal law enforce-
ment agency whose investigative or law enforcement 
officers use facial recognition, regardless of whether 
they use a system operated by that agency or an-
other agency, shall annually submit data with re-
spect to their use of facial recognition for audit by 
the Government Accountability Office to prevent and 
identify misuse and to ensure compliance with sec-
tions 101, 102, and 103 of this Act, including— 
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(A) a summary of the findings of the 
audit, including the number and nature of vio-
lations identified; and 
(B) information about the procedures used 
by the law enforcement agency to remove arrest 
photos from databases in accordance with this 
Act. 
(2) SUSPENSION.— 
(A) IN GENERAL.—If a violation is uncov-
ered by the audit conducted under paragraph 
(1), the Federal law enforcement agency shall 
cease using facial recognition until such time 
that all violations have been corrected. 
(B) PUBLIC NOTICE.—If use of facial rec-
ognition is suspended pursuant to subparagraph 
(A), the Federal law enforcement agency shall 
notify the public of such suspension. 
(b) STATE LEVEL AUDIT.— 
(1) IN GENERAL.—Any State or local law en-
forcement agency whose investigative or law enforce-
ment officers use facial recognition, regardless of 
whether they use a system operated by that agency 
or another agency, shall annually submit data with 
respect to their use of facial recognition to an inde-
pendent State agency (as determined by the chief ex-
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ecutive of the State) to prevent and identify misuse 
and to ensure compliance with sections 101, 102, 
and 103 of this Act. Such independent State agency 
shall report— 
(A) a summary of the findings of the 
audit, including the number and nature of vio-
lations identified, to Director of the Administra-
tive Office of the United States Courts, and 
subsequently release that information to the 
public and post it online; 
(B) information about the procedures used 
by the law enforcement agency to remove arrest 
photos from databases in accordance with this 
section; and 
(C) any violations identified by the inde-
pendent State agency. 
(2) SUSPENSION.— 
(A) IN GENERAL.—If a violation is uncov-
ered by the audit conducted under paragraph 
(1), the State or local law enforcement agency 
shall cease using facial recognition until such 
time that all violations have been corrected. 
(B) PUBLIC NOTICE.—If use of facial rec-
ognition is suspended pursuant to subparagraph 
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(A), the State or local law enforcement agency 
shall notify the public of such suspension. 
(c) DISAGGREGATED DATA.—Data collected pursu-
ant to subsection (a) or (b) shall, when feasible, be col-
lected in a manner that allows such data to be 
disaggregated by race, ethnicity, gender, and age. 
SEC. 106. ACCURACY AND BIAS TESTING. 
(a) BENCHMARK TESTING.—No investigative or law 
enforcement officers may use a facial recognition system 
or information derived from it unless that system is annu-
ally submitted to the National Institute of Standards and 
Technology’s benchmark facial recognition test for law en-
forcement to determine— 
(1) the accuracy of the system; and 
(2) whether the accuracy of the system varies 
significantly on the basis of race, ethnicity, gender 
or age. 
(b) BENCHMARK TESTING FOR NEW SYSTEMS.—No 
investigative or law enforcement officers may begin using 
a new facial recognition system or information derived 
from it unless that system is first submitted to inde-
pendent testing to determine— 
(1) the accuracy of the system; and 
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(2) whether the accuracy of the system varies 
significantly on the basis of race, ethnicity, gender, 
or age. 
(c) PROHIBITION.—Any investigative or law enforce-
ment officer may not use facial recognition that has not 
achieved a sufficiently high level of accuracy, including in 
terms of overall accuracy and variance on the basis of 
race, ethnicity, gender, or age, as determined by the Na-
tional Institute of Standards and Technology, on its an-
nual benchmark test for law enforcement use. 
(d) OPERATIONAL TESTING.—No investigative or law 
enforcement agencies may use a facial recognition system 
or information derived from it unless that system is annu-
ally submitted to operational testing conducted by an inde-
pendent entity, in accordance with National Institute of 
Standards and Technology’s training protocol for oper-
ational testing, to determine— 
(1) the accuracy of the system; 
(2) the impact of human reviewers on system 
accuracy; and 
(3) whether the accuracy of the system varies 
significantly on the basis of race, ethnicity, gender, 
or age. 
(e) REPORTING.—A summary of the findings of the 
tests required by subsection (a) or (d) shall be submitted 
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to the Director of the Administrative Office of the United 
States Courts and posted on the internet website of the 
Administrative Office of the United States Courts. 
(f) RULEMAKING REQUIRED.—The Assistant Attor-
ney General of the Department of Justice Civil Rights Di-
vision shall issue a rule that establishes what is a suffi-
ciently high level of accuracy for a facial recognition sys-
tem used by law enforcement, including in terms of overall 
accuracy and variance on the basis of race, ethnicity, gen-
der, and age. The Assistant Attorney General of the De-
partment of Justice Civil Rights Division shall consult 
with outside experts in civil rights, civil liberties, racial 
justice, data privacy, bioethics, law enforcement, public de-
fense, and forensic science and other relevant areas of ex-
pertise in drafting the proposed rule. 
(g) EFFECTIVE DATE.—This section shall take effect 
18 months after the date of enactment of this Act. 
SEC. 107. ENFORCEMENT. 
(a) SUPPRESSION.—In the case that the use of facial 
recognition has occurred, no results from the use and no 
evidence derived therefrom may be received in evidence in 
any trial, hearing, or other proceeding in or before any 
court, grand jury, department, officer, agency, regulatory 
body, legislative committee, or other authority of the 
United States, a State, or a political subdivision thereof 
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if the use of facial recognition violated this Act or if the 
use was conducted in an emergency under section 101 and 
the officer or agency did not subsequently obtain an order 
for that use as required under such section. 
(b) ADMINISTRATIVE DISCIPLINE.—If a court or law 
enforcement agency determines that an investigative or 
law enforcement officer has violated any provision of this 
Act, and the court or agency finds that the circumstances 
surrounding the violation raise serious questions about 
whether or not the officer acted intentionally with respect 
to the violation, the agency shall promptly initiate a pro-
ceeding to determine whether disciplinary action against 
the officer is warranted. 
(c) CIVIL ACTION.— 
(1) IN GENERAL.—Any person who is subject to 
identification or attempted identification through fa-
cial recognition in violation of this Act may bring a 
civil action in the appropriate court to recover such 
relief as may be appropriate from the investigative 
or law enforcement officer or the State or Federal 
law enforcement agency which engaged in that viola-
tion. 
(2) RELIEF.—In an action under this sub-
section, appropriate relief includes— 
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(A) such preliminary and other equitable 
or declaratory relief as may be appropriate; 
(B) damages under paragraph (3) and pu-
nitive damages in appropriate cases; and 
(C) a reasonable attorney’s fee and other 
litigation costs reasonably incurred. 
(3) COMPUTATION
OF
DAMAGES.—The court 
may assess as damages whichever is the greater of— 
(A) any profits made with respect to the 
violation suffered by the plaintiff; or 
(B) $50,000 for each violation. 
(4) DEFENSE.—A good faith reliance on— 
(A) a court warrant or order, a grand jury 
subpoena, a legislative authorization, or a statu-
tory authorization; or 
(B) a good faith determination that section 
101 permitted the conduct complained of, 
is a complete defense against any civil action 
brought under this Act. 
(5) LIMITATION.—A civil action under this sec-
tion may not be commenced later than two years 
after the date upon which the claimant first has a 
reasonable opportunity to discover the violation. 
(d) CIVIL ACTION FOR DISPARATE IMPACT.—An in-
dividual may bring a civil action when use of facial rec-
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