(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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ognition or face surveillance by a law enforcement agency, 
or any technological element, criteria, method, or design 
feature thereof acting individually or in concert, results 
in disparate treatment or adverse impact against an indi-
vidual or class of individuals on the basis of race, ethnicity, 
gender, or age. 
SEC. 108. NOTICE REQUIREMENT. 
(a) NOTICE REQUIREMENT.—A law enforcement 
agency that uses facial recognition to attempt to identify 
an individual who is arrested shall, at minimum, provide 
to the individual— 
(1) a notice of— 
(A) the name the law enforcement agency 
that operated the facial recognition system 
used; and 
(B) the name of the database, if any, that 
was used to identify the individual; and 
(2) a copy of— 
(A) the order that authorized the use of fa-
cial recognition; 
(B) accuracy or bias reports required 
under this Act; 
(C) each probe image that was used by the 
agency; 
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(D) any modifications made to the probe 
image; 
(E) the candidate list, in rank order, pro-
duced by the facial recognition system; and 
(F) any other police documentation related 
to the use of facial recognition in the law en-
forcement investigation. 
(b) LANGUAGE REQUIREMENT.—The information re-
quired under subsection (a) shall be provided to such indi-
vidual in an appropriate language for such individual if 
the individual is not fluent or literate in English. 
TITLE 
II—CERTAIN 
REQUIRE-
MENTS AND LIMITATIONS ON 
FACIAL 
RECOGNITION 
SYS-
TEMS AND RESEARCH 
SEC. 201. NATIONAL INSTITUTE FOR STANDARDS AND 
TECHNOLOGY ASSISTANCE. 
(a) IN GENERAL.—The National Institute of Stand-
ards and Technology (hereinafter in this section referred 
to as ‘‘NIST’’) shall— 
(1) develop best practices for law enforcement 
agencies to evaluate the accuracy and fairness of 
their facial recognition systems; 
(2) develop and offer an ongoing benchmark fa-
cial recognition test for law enforcement that— 
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(A) conducts evaluations of actual algo-
rithms used by law enforcement agencies; 
(B) uses the types of probe images, includ-
ing in terms of quality, actually used by law en-
forcement agencies in its testing; 
(C) evaluates algorithms on larger data-
bases that reflect the size of databases actually 
used by law enforcement; and 
(D) evaluates whether the accuracy of a fa-
cial recognition algorithm varies on the basis of 
race, ethnicity, gender, or age and assessments 
of bias in facial recognition systems; 
(3) develop an operational testing protocol that 
independent testers and law enforcement agencies 
may implement for annual operational testing to de-
termine— 
(A) the accuracy of the facial recognition 
system; 
(B) the impact of human reviewers on fa-
cial recognition system accuracy; and 
(C) whether the accuracy of the facial rec-
ognition system varies significantly on the basis 
of race, ethnicity, gender, or age; and 
(4) study and develop training standards for 
human operators reviewing the results of facial rec-
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ognition searches to ensure accuracy and prevent 
bias. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the National Institute of 
Standards and Technology to carry out subsection (a) 
$5,000,000 for each of the fiscal years 2023 through 
2026. 
SEC. 202. RULE OF CONSTRUCTION WITH RESPECT TO 
STATE AND LOCAL PRIVACY PROTECTIONS. 
(a) RULE OF CONSTRUCTION.—Nothing in this Act 
shall be construed to preempt concurrent or more strin-
gent limitations on the use of facial recognition, or any 
other privacy, civil rights, and civil liberties laws and rules, 
by the Federal Government, a State, or a political subdivi-
sion of a State. 
(b) USE OF FACIAL RECOGNITION.—Nothing in this 
Act shall be construed to authorize the use of facial rec-
ognition by a State, or a political subdivision of a State, 
unless the laws of that State or political subdivision ex-
pressly and unambiguously authorizes such use. 
SEC. 203. POLICY ON USE OF FACIAL RECOGNITION SYS-
TEMS REQUIRED. 
Not later than 90 days after the date of the enact-
ment of this Act, each agency covered by this statute shall 
establish and make publicly available on the internet 
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website of such agency a policy governing the agency’s use 
of facial recognition systems to ensure investigative or law 
enforcement officer compliance with the requirements of 
this Act. 
SEC. 204. LIMITATION ON LIABILITY. 
A State shall not be immune under the eleventh 
amendment to the Constitution of the United States from 
an action in Federal or State court of competent jurisdic-
tion for a violation of this Act. In any action against a 
State for a violation of the requirements of this Act, rem-
edies (including remedies both at law and in equity) are 
available for such a violation to the same extent as such 
remedies are available for such a violation in an action 
against any public or private entity other than a State. 
Æ 
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