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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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 2023.’’. 
(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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