WHAT THIS BILL REGULATES · 8 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
In the case of a StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) or unit of local government that received a grant award under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), if the StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) or unit of local government fails to substantially to comply with the requirements under this Act for a fiscal year, the Attorney General shall reduce the amount that would otherwise be awarded to that StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) or unit of local government under such grant program in the following fiscal year by 15 percent.
Section 2 creates a financial enforcement mechanism by reducing Byrne JAG grant awards by 15 percent for any state or local government that fails to substantially comply with the Act's requirements in a given fiscal year. This leverages existing federal grant infrastructure to incentivize compliance without creating a new regulatory body.
(1)–(13) In this Act: (1) ARREST PHOTO DATABASEArrest photo databaseThe term "arrest photo database" means a database populated primarily by booking or arrest photographs or photographs of persons encountered by an investigative or law enforcement officer.Sec. 3(1).—The term ''arrest photo databaseArrest photo databaseThe term "arrest photo database" means a database populated primarily by booking or arrest photographs or photographs of persons encountered by an investigative or law enforcement officer.Sec. 3(1)'' means a database populated primarily by booking or arrest photographs or photographs of persons encountered by an investigative or law enforcement officerInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7). (2) CANDIDATE LISTCandidate listThe term "candidate list" means the top images that a facial recognition system determines to most closely match a probe image.Sec. 3(2).—The term ''candidate listCandidate listThe term "candidate list" means the top images that a facial recognition system determines to most closely match a probe image.Sec. 3(2)'' means the top images that a facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) system determines to most closely match a probe imageProbe imageThe term "probe image" means an image of a person that is searched against a database of known, identified persons or an unsolved photo file.Sec. 3(9). (3) DERIVEDDerivedThe term "derived" means that a Federal or State government would not have possessed the information or evidence but for the use of facial recognition, regardless of any claim that the information or evidence is attenuated from such recognition, and would inevitably have been discovered or obtained the information or evidence through other means.Sec. 3(3).—The term ''derivedDerivedThe term "derived" means that a Federal or State government would not have possessed the information or evidence but for the use of facial recognition, regardless of any claim that the information or evidence is attenuated from such recognition, and would inevitably have been discovered or obtained the information or evidence through other means.Sec. 3(3)'' means that a Federal or StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) government would not have possessed the information or evidence but for the use of facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4), regardless of any claim that the information or evidence is attenuated from such recognition, and would inevitably have been discovered or obtained the information or evidence through other means. (4) FACIAL RECOGNITIONFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4).—The term ''facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4)'' means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual. (5) FACE SURVEILLANCEFace surveillanceThe term "face surveillance" 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.Sec. 3(5).—The term ''face surveillanceFace surveillanceThe term "face surveillance" 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.Sec. 3(5)'' means the use of facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) 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 INFORMATIONIllegitimately obtained informationThe term "illegitimately obtained information" 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 provider of a remote computing service and customers 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 information was obtained; (E) through the unauthorized access of an electronic device or online account; (F) in violation of a contract, court settlement, or other binding legal agreement; or (G) from unlawful or unconstitutional practices by any government official or entity.Sec. 3(6).—The term ''illegitimately obtained informationIllegitimately obtained informationThe term "illegitimately obtained information" 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 provider of a remote computing service and customers 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 information was obtained; (E) through the unauthorized access of an electronic device or online account; (F) in violation of a contract, court settlement, or other binding legal agreement; or (G) from unlawful or unconstitutional practices by any government official or entity.Sec. 3(6)'' means personal data or information that was obtained— (A) in a manner that violates Federal, StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13), 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 provider of a remote computing service and customers 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 information was obtained; (E) through the unauthorized access of an electronic device or online account; (F) in violation of a contract, court settlement, or other binding legal agreement; or (G) from unlawful or unconstitutional practices by any government official or entity. (7) INVESTIGATIVE OR LAW ENFORCEMENT OFFICERInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7).—The term ''investigative or law enforcement officerInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7)'' means— (A) any officer of a StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) or a political subdivision thereof, or of the United StatesStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13), who is empowered by law to conduct investigations of or to make arrests for civil or criminal offenses or violations of Federal or StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) department of motor vehicles. (8) LAW ENFORCEMENT AGENCYLaw enforcement agencyThe term "law enforcement agency" means any agency of the United States authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of civil or criminal law.Sec. 3(8).—The term ''law enforcement agencyLaw enforcement agencyThe term "law enforcement agency" means any agency of the United States authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of civil or criminal law.Sec. 3(8)'' means any agency of the United StatesStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of civil or criminal law. (9) PROBE IMAGEProbe imageThe term "probe image" means an image of a person that is searched against a database of known, identified persons or an unsolved photo file.Sec. 3(9).—The term ''probe imageProbe imageThe term "probe image" means an image of a person that is searched against a database of known, identified persons or an unsolved photo file.Sec. 3(9)'' means an image of a person that is searched against a database of known, identified persons or an unsolved photo file. (10) PROSECUTORProsecutorThe 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 Procedure).Sec. 3(10).—The term ''prosecutorProsecutorThe 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 Procedure).Sec. 3(10)'' means the principal prosecuting attorney of a StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) 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 Procedure). (11) OPERATIONAL TESTINGOperational testingThe term "operational testing" means testing that evaluates a complete 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 product settings and configurations typically used, as well as assessing the variability of system use by different users.Sec. 3(11).—The term ''operational testingOperational testingThe term "operational testing" means testing that evaluates a complete 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 product settings and configurations typically used, as well as assessing the variability of system use by different users.Sec. 3(11)'' means testing that evaluates a complete facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) 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 product settings and configurations typically used, as well as assessing the variability of system use by different users. (12) REFERENCE PHOTO DATABASEReference photo databaseThe 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 arrest photo databases.Sec. 3(12).—The term ''reference photo databaseReference photo databaseThe 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 arrest photo databases.Sec. 3(12)'' 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 StatesStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) Government, a StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13), a political subdivision thereof, databases operated by third parties, and arrest photo databasesArrest photo databaseThe term "arrest photo database" means a database populated primarily by booking or arrest photographs or photographs of persons encountered by an investigative or law enforcement officer.Sec. 3(1). (13) STATEStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13).—The term ''StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13)'' means each State of the United StatesStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13), the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
Section 3 establishes the Act's definitional framework. Key terms include facial recognition (broadly covering identification, verification, and emotion inference from physical facial, head, or body characteristics), face surveillance (real-time or stored video tracking), and illegitimately obtained information (data obtained in violation of law, service agreements, privacy policies, or through deception). The definition of investigative or law enforcement officer expressly excludes DMV employees.
(a)(1) 1 An investigative or law enforcement officerInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7) may only use or request facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) in conjunction with a reference photo databaseReference photo databaseThe 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 arrest photo databases.Sec. 3(12) pursuant to an order issued under subsection (b) and the emergencies and exceptions under subsection (c).
(a)(2)(A) 2 Beginning on 180 days after the date of the enactment of this Act, and every six months thereafter, with respect to an arrest photo databaseArrest photo databaseThe term "arrest photo database" means a database populated primarily by booking or arrest photographs or photographs of persons encountered by an investigative or law enforcement officer.Sec. 3(1) used in conjunction with facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4), the custodian of such arrest photo databaseArrest photo databaseThe term "arrest photo database" means a database populated primarily by booking or arrest photographs or photographs of persons encountered by an investigative or law enforcement officer.Sec. 3(1) shall remove from such database 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 offense.
(a)(2)(B) Nothing in this paragraph shall be construed to prohibit an investigative or law enforcement officerInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7) from using a database for other investigative procedures, such as finger printing, and shall only apply to the use of a reference photo databaseReference photo databaseThe 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 arrest photo databases.Sec. 3(12) for the use of facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4).
(a)(3) 3 Any agency responsible for maintaining and operating an arrest photo databaseArrest photo databaseThe term "arrest photo database" means a database populated primarily by booking or arrest photographs or photographs of persons encountered by an investigative or law enforcement officer.Sec. 3(1) shall establish procedures to ensure compliance with paragraph (3).
(b)(1)–(4) 4 APPROVAL.—An application for a warrant to use a reference photo databaseReference photo databaseThe 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 arrest photo databases.Sec. 3(12) may not be submitted for consideration by a court unless the head of a law enforcement agencyLaw enforcement agencyThe term "law enforcement agency" means any agency of the United States authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of civil or criminal law.Sec. 3(8) (or a designee) approves such an application. (2) AUTHORITY.—Except as provided by subsection (d), the principal prosecutor of a StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) 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 Procedure), may make an application to a court of competent jurisdiction for, in conformity with paragraph (3), an order authorizing the use of facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) in conjunction with a reference photo databaseReference photo databaseThe 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 arrest photo databases.Sec. 3(12) within the jurisdiction of that judge. (3) APPLICATION.—Except as provided in subsection (c), a court of competent jurisdiction may issue an order authorizing the use of facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) in conjunction with a reference photo databaseReference photo databaseThe 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 arrest photo databases.Sec. 3(12) if a prosecutorProsecutorThe 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 Procedure).Sec. 3(10) submits an application to that court that establishes the following: (A) The identity of the investigative or law enforcement officerInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7) 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 databaseReference photo databaseThe 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 arrest photo databases.Sec. 3(12). (D) Any details regarding other investigative 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 particular offense or offenses enumerated in section 3559(c)(2)(F) of title 18, United StatesStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) Code. (4) CONTENTS OF ORDER.—The order described in this paragraph shall include the following: (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 databaseReference photo databaseThe 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 arrest photo databases.Sec. 3(12), 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 pursuant to another order under this Act. (D) The authority under which the search is to be made.
(a)(5)(A)–(B) 5 IN GENERAL.—Each StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) department of motor vehicles shall post notices in conspicuous locations at each department office, make written information available to all applicants at each office, and provide information on the department website regarding StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) investigative or law enforcement officersInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7)' searches of driver's license and ID photos through facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4). The notices, written information, and online information must describe how officers use and access facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) in criminal investigations. (B) LANGUAGE REQUIREMENT.—Notices required under subparagraph (A) shall be posted, 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 request.
(c)(1)–(3) INITIAL USE.—Notwithstanding subsections (a) and (b), an investigative or law enforcement officerInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7) may use or request facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) in conjunction with a reference photo databaseReference photo databaseThe 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 arrest photo databases.Sec. 3(12)— (A) to assist in identifying any person who is deceased, incapacitated or otherwise physically unable of identifying himself, or the victim 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 communications network, as that term is used in section 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 prosecutorProsecutorThe 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 Procedure).Sec. 3(10) determines that an emergency situation exists— (I) that involves immediate danger of death or serious physical injury to any person; or (II) that requires the use of facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) in conjunction with a reference photo databaseReference photo databaseThe 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 arrest photo databases.Sec. 3(12) to occur before 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 investigative or law enforcement officerInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7) uses facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) pursuant to paragraph (1)(D), the prosecutorProsecutorThe 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 Procedure).Sec. 3(10) 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 absence 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 recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) pursuant to paragraph (1)(D), an appropriate prosecutorProsecutorThe 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 Procedure).Sec. 3(10) shall submit an affidavit to the court identifying specific details on why they believe that an emergency situation under clause (i) exists.
(d) The authorities provided by subsections (b) and (c) do not authorize access reference photo databasesReference photo databaseThe 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 arrest photo databases.Sec. 3(12) maintained by a StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13), or a political subdivision of a StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13), unless StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) law expressly and unambiguously authorizes an investigative or law enforcement officerInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7) to— (1) access driver's license and identification document photos; and (2) use facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) to conduct searches of those photos.
Section 101 establishes the core procedural framework governing law enforcement use of facial recognition against reference photo databases. Officers may only conduct such searches pursuant to a court order obtained through a prosecutor's application demonstrating probable cause for a serious felony, after other investigative methods have failed or are unlikely to succeed. The section also requires custodians of arrest photo databases to purge photos of minors, persons released without charge, persons whose charges were dropped, and acquitted persons every six months. State DMVs must post public notices about law enforcement use of facial recognition with their driver's license photos. Emergency exceptions allow warrantless use for deceased or incapacitated persons, AMBER Alerts, booking identification, and imminent-danger situations — but emergency uses require subsequent judicial authorization within 12 hours.
(a)(1) 6 An investigative or law enforcement officerInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7) may not— (1) use facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) to create a record describing how any individual exercises rights guaranteed by the Constitution, including free assembly, association, and speech;
(a)(2) 7 rely on actual or perceived race, ethnicity, national origin, religion, disability, gender, gender identity, or sexual orientation in selecting which person to subject to facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4), except when there is trustworthy information, relevant to the locality 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 this subsection to an identified criminal incident or scheme; or
(a)(3) 8 use facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) to enforce the immigration laws of the United StatesStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) or share facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) data with other agencies for the purposes of enforcing the immigration laws of the United StatesStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13).
(b) 9 Any investigative or law enforcement officerInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7) may not use or request facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) in conjunction with any image obtained from a body camera worn by that or any other officer, dashboard camera, or any aircraft camera, including a drone.
(c) 10 Any investigative or law enforcement officerInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7) may not use or request facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) for the purpose of face surveillanceFace surveillanceThe term "face surveillance" 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.Sec. 3(5).
(d) 11 A facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) match may not be the sole basis upon which probable cause is established for a search, arrest, or other law enforcement action. Any investigative and law enforcement officers using information obtained from the use of facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) shall examine results with care and consider the possibility that matches could be inaccurate.
(e) 12 An investigative or law enforcement officerInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7) may not use facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) in conjunction with a database that contains illegitimately obtained informationIllegitimately obtained informationThe term "illegitimately obtained information" 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 provider of a remote computing service and customers 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 information was obtained; (E) through the unauthorized access of an electronic device or online account; (F) in violation of a contract, court settlement, or other binding legal agreement; or (G) from unlawful or unconstitutional practices by any government official or entity.Sec. 3(6).
Section 102 establishes categorical prohibitions on specific uses of facial recognition by law enforcement. Officers may not use facial recognition to record exercise of constitutional rights, may not select subjects based on protected characteristics (with a narrow exception for characteristic-linked criminal suspect descriptions), and may not use it for immigration enforcement. The section also categorically prohibits facial recognition with body cameras, dashboard cameras, aircraft cameras, and drones, and prohibits face surveillance entirely. A critical corroboration requirement provides that a facial recognition match may never be the sole basis for probable cause, and officers must consider the possibility of inaccurate matches. Finally, officers may not use facial recognition with databases containing illegitimately obtained information.
13 A law enforcement agencyLaw enforcement agencyThe term "law enforcement agency" means any agency of the United States authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of civil or criminal law.Sec. 3(8) whose investigative or law enforcement officersInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7) use facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) shall log its use of the facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) to the extent necessary to comply with the public reporting and audit requirements of sections 104 and 105 of this Act.
Section 103 requires law enforcement agencies whose officers use facial recognition to log their use of the technology to the extent necessary to support the public reporting (Section 104) and audit (Section 105) requirements of the Act. This is a recordkeeping prerequisite rather than a standalone disclosure obligation.
(a)(1)–(2) 14 STATEStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) JUDICIARY.—Not later than the last day of the first January after the date of the enactment of this Act, and each January thereafter, each StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) judge who has issued a court order authorizing or approving facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) in conjunction with a reference photo databaseReference photo databaseThe 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 arrest photo databases.Sec. 3(12) shall report to a StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) agency (as determined by the chief executive of the StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13)) 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). (C) Whether the order or extension was granted as applied for, was modified, or was denied. (D) The offense specified in the order or application, or extension of an order. (E) The identity of the applying investigative or law enforcement officerInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7) and agency making the application and the person authorizing the application. (F) For orders issued pursuant to section 101(c), the reference photo databaseReference photo databaseThe 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 arrest photo databases.Sec. 3(12) that was searched. (2) PROSECUTORSProsecutorThe 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 Procedure).Sec. 3(10).—Not later than the last day of the first January after the date of the enactment of this Act, and each January thereafter, each StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) prosecutorProsecutorThe 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 Procedure).Sec. 3(10), or a prosecutor of a political subdivision thereof, who has requested a court order authorizing or approving facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) in conjunction with a reference photo databaseReference photo databaseThe 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 arrest photo databases.Sec. 3(12) shall report to a StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) agency (as determined by the chief executive of the StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13)) the following information with respect to the use of facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) in conjunction with an reference photo databaseReference photo databaseThe 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 arrest photo databases.Sec. 3(12): (A) The number of such searches run. (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 contributed 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 databasesArrest photo databaseThe term "arrest photo database" means a database populated primarily by booking or arrest photographs or photographs of persons encountered by an investigative or law enforcement officer.Sec. 3(1) that were confirmed to have been removed in accordance with this section.
(a)(3)–(4) 15 REPORT TO BUREAU OF JUSTICE ASSISTANCE.—Not later than 90 days after such report is submitted under paragraph (1), and annually thereafter, the StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) agency shall report the information collected under paragraph (1) to the Director of the Bureau of Justice Assistance. (4) REPORT TO ADMINISTRATIVE OFFICE OF THE UNITED STATESStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) COURTS.—Not later than 90 days after such report is submitted under paragraph (2), and annually thereafter, the StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) agency shall report the information collected under paragraph (2) to the Director of the Administrative Office of the United StatesStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) Courts.
(b)(1)–(2) 16 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 recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) in conjunction with a reference photo databaseReference photo databaseThe 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 arrest photo databases.Sec. 3(12) shall submit to the Director of the Administrative Office of the United StatesStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) 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 Administrative Office of the United StatesStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) Courts a report including the information under subparagraphs (A) through (G) of subsection (a)(2).
(c) 17 In June of each year the Director of the Administrative Office of the United StatesStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) Courts shall release to the public, post online, and transmit to the Congress a full and complete report concerning the use of facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) in conjunction with reference photo databasesReference photo databaseThe 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 arrest photo databases.Sec. 3(12), including the information reported to the Director pursuant to subsections (a) and (b).
(d) The Director of the Bureau of Justice Assistance and the Director of the Administrative Office of the United StatesStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) 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 sections 105 and 106 of this Act.
Section 104 establishes a detailed annual reporting framework at both the state and federal levels. State judges and prosecutors must report to a designated state agency on facial recognition orders issued, offenses investigated, arrests and convictions resulting from facial recognition (disaggregated by race, ethnicity, gender, and age), and motions to suppress. State agencies then forward this data to the Bureau of Justice Assistance and the Administrative Office of the United States Courts. Federal judges and prosecutors report directly to the Administrative Office. The Director of the Administrative Office must publish an annual public report each June. The Director of the Bureau of Justice Assistance and the Director of the Administrative Office must issue rules governing the content and form of all required reports.
(a)(1)–(2) 18 IN GENERAL.—Any Federal law enforcement agency whose investigative or law enforcement officersInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7) use facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4), 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 recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) for audit by the Government Accountability Office to prevent and identify misuse and to ensure compliance with sections 101, 102, and 103 of this Act, including— (A) a summary of the findings of the audit, including the number and nature of violations identified; and (B) information about the procedures used by the law enforcement agencyLaw enforcement agencyThe term "law enforcement agency" means any agency of the United States authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of civil or criminal law.Sec. 3(8) to remove arrest photos from databases in accordance with this Act. (2) SUSPENSION.— (A) IN GENERAL.—If a violation is uncovered by the audit conducted under paragraph (1), the Federal law enforcement agency shall cease using facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) until such time that all violations have been corrected. (B) PUBLIC NOTICE.—If use of facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) is suspended pursuant to subparagraph (A), the Federal law enforcement agency shall notify the public of such suspension.
(b)(1)–(2) 19 IN GENERAL.—Any StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) or local law enforcement agencyLaw enforcement agencyThe term "law enforcement agency" means any agency of the United States authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of civil or criminal law.Sec. 3(8) whose investigative or law enforcement officersInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7) use facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4), 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 recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) to an independent StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) agency (as determined by the chief executive of the StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13)) to prevent and identify misuse and to ensure compliance with sections 101, 102, and 103 of this Act. Such independent StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) agency shall report— (A) a summary of the findings of the audit, including the number and nature of violations identified, to Director of the Administrative Office of the United StatesStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) Courts, and subsequently release that information to the public and post it online; (B) information about the procedures used by the law enforcement agencyLaw enforcement agencyThe term "law enforcement agency" means any agency of the United States authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of civil or criminal law.Sec. 3(8) to remove arrest photos from databases in accordance with this section; and (C) any violations identified by the independent StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) agency. (2) SUSPENSION.— (A) IN GENERAL.—If a violation is uncovered by the audit conducted under paragraph (1), the StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) or local law enforcement agencyLaw enforcement agencyThe term "law enforcement agency" means any agency of the United States authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of civil or criminal law.Sec. 3(8) shall cease using facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) until such time that all violations have been corrected. (B) PUBLIC NOTICE.—If use of facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) is suspended pursuant to subparagraph (A), the StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) or local law enforcement agencyLaw enforcement agencyThe term "law enforcement agency" means any agency of the United States authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of civil or criminal law.Sec. 3(8) shall notify the public of such suspension.
(c) 19 Data collected pursuant to subsection (a) or (b) shall, when feasible, be collected in a manner that allows such data to be disaggregated by race, ethnicity, gender, and age.
Section 105 imposes annual audit requirements at both the federal and state levels. Federal law enforcement agencies must submit facial recognition use data to the GAO for audit. State and local agencies must submit to an independent state agency. Audit reports must include a summary of findings (including number and nature of violations) and information about arrest-photo purging compliance. If an audit uncovers a violation, the agency must cease using facial recognition until all violations are corrected and must notify the public of the suspension. Data must be collected in a manner that allows disaggregation by race, ethnicity, gender, and age.
(a) 20 No investigative or law enforcement officersInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7) may use a facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) system or information derivedDerivedThe term "derived" means that a Federal or State government would not have possessed the information or evidence but for the use of facial recognition, regardless of any claim that the information or evidence is attenuated from such recognition, and would inevitably have been discovered or obtained the information or evidence through other means.Sec. 3(3) from it unless that system is annually submitted to the National Institute of Standards and Technology's benchmark facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) test for law enforcement 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) 21 No investigative or law enforcement officersInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7) may begin using a new facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) system or information derivedDerivedThe term "derived" means that a Federal or State government would not have possessed the information or evidence but for the use of facial recognition, regardless of any claim that the information or evidence is attenuated from such recognition, and would inevitably have been discovered or obtained the information or evidence through other means.Sec. 3(3) from it unless that system is first submitted to independent testing 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.
(c) 20 Any investigative or law enforcement officerInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7) may not use facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) 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 National Institute of Standards and Technology, on its annual benchmark test for law enforcement use.
(d) 22 No investigative or law enforcement agencies may use a facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) system or information derivedDerivedThe term "derived" means that a Federal or State government would not have possessed the information or evidence but for the use of facial recognition, regardless of any claim that the information or evidence is attenuated from such recognition, and would inevitably have been discovered or obtained the information or evidence through other means.Sec. 3(3) from it unless that system is annually submitted to operational testingOperational testingThe term "operational testing" means testing that evaluates a complete 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 product settings and configurations typically used, as well as assessing the variability of system use by different users.Sec. 3(11) conducted by an independent entity, in accordance with National Institute of Standards and Technology's training protocol for operational testingOperational testingThe term "operational testing" means testing that evaluates a complete 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 product settings and configurations typically used, as well as assessing the variability of system use by different users.Sec. 3(11), 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) 23 A summary of the findings of the tests required by subsection (a) or (d) shall be submitted to the Director of the Administrative Office of the United StatesStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) Courts and posted on the internet website of the Administrative Office of the United StatesStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) Courts.
(f) The Assistant Attorney General of the Department of Justice Civil Rights Division shall issue a rule that establishes what is a sufficiently high level of accuracy for a facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) system used by law enforcement, including in terms of overall accuracy and variance on the basis of race, ethnicity, gender, and age. The Assistant Attorney General of the Department of Justice Civil Rights Division shall consult with outside experts in civil rights, civil liberties, racial justice, data privacy, bioethics, law enforcement, public defense, and forensic science and other relevant areas of expertise in drafting the proposed rule.
(g) This section shall take effect 18 months after the date of enactment of this Act.
Section 106 mandates annual NIST benchmark testing and annual independent operational testing for all facial recognition systems used by law enforcement. Systems that have not achieved a sufficiently high level of accuracy — including variance by race, ethnicity, gender, or age — as determined by NIST, may not be used. New systems must pass independent accuracy testing before being deployed. The DOJ Civil Rights Division must issue a rule establishing the accuracy threshold, in consultation with outside experts. Test results must be submitted to the Administrative Office of the United States Courts and published online. The section takes effect 18 months after enactment.
(a) In the case that the use of facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) has occurred, no results from the use and no evidence derivedDerivedThe term "derived" means that a Federal or State government would not have possessed the information or evidence but for the use of facial recognition, regardless of any claim that the information or evidence is attenuated from such recognition, and would inevitably have been discovered or obtained the information or evidence through other means.Sec. 3(3) 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 StatesStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13), a StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13), or a political subdivision thereof if the use of facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) 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) If a court or law enforcement agencyLaw enforcement agencyThe term "law enforcement agency" means any agency of the United States authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of civil or criminal law.Sec. 3(8) determines that an investigative or law enforcement officerInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7) 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 proceeding to determine whether disciplinary action against the officer is warranted.
(c)(1)–(5) IN GENERAL.—Any person who is subject to identification or attempted identification through facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) 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 officerInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7) or the StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) or Federal law enforcement agency which engaged in that violation. (2) RELIEF.—In an action under this subsection, appropriate relief includes— (A) such preliminary and other equitable or declaratory relief as may be appropriate; (B) damages under paragraph (3) and punitive 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 statutory 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 section 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) An individual may bring a civil action when use of facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) or face surveillanceFace surveillanceThe term "face surveillance" 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.Sec. 3(5) by a law enforcement agencyLaw enforcement agencyThe term "law enforcement agency" means any agency of the United States authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of civil or criminal law.Sec. 3(8), or any technological element, criteria, method, or design feature thereof acting individually or in concert, results in disparate treatment or adverse impact against an individual or class of individuals on the basis of race, ethnicity, gender, or age.
Section 107 establishes a multi-layered enforcement framework. Subsection (a) creates an evidentiary suppression remedy: no results from facial recognition use, and no evidence derived therefrom, may be received in any proceeding if the use violated the Act or if an emergency use was not subsequently authorized by court order. Subsection (b) requires administrative discipline proceedings when violations raise serious questions about intentional conduct. Subsection (c) creates a private right of action with $50,000 statutory damages per violation, punitive damages, and attorney's fees, subject to a two-year discovery-based statute of limitations and a good-faith defense. Subsection (d) separately authorizes disparate-impact civil actions against law enforcement agencies whose use of facial recognition results in discriminatory treatment based on race, ethnicity, gender, or age.
(a)(1)–(2) 24 A law enforcement agencyLaw enforcement agencyThe term "law enforcement agency" means any agency of the United States authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of civil or criminal law.Sec. 3(8) that uses facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) 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 agencyLaw enforcement agencyThe term "law enforcement agency" means any agency of the United States authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of civil or criminal law.Sec. 3(8) that operated the facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) 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 facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4); (B) accuracy or bias reports required under this Act; (C) each probe imageProbe imageThe term "probe image" means an image of a person that is searched against a database of known, identified persons or an unsolved photo file.Sec. 3(9) that was used by the agency; (D) any modifications made to the probe imageProbe imageThe term "probe image" means an image of a person that is searched against a database of known, identified persons or an unsolved photo file.Sec. 3(9); (E) the candidate listCandidate listThe term "candidate list" means the top images that a facial recognition system determines to most closely match a probe image.Sec. 3(2), in rank order, produced by the facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) system; and (F) any other police documentation related to the use of facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) in the law enforcement investigation.
(b) 24 The information required under subsection (a) shall be provided to such individual in an appropriate language for such individual if the individual is not fluent or literate in English.
Section 108 requires law enforcement agencies that use facial recognition to identify an arrested individual to provide comprehensive notice and documentation to that individual, including the name of the agency that operated the system, the database used, a copy of the authorizing court order, accuracy and bias reports, each probe image used, any modifications to probe images, the ranked candidate list, and all other police documentation related to the facial recognition use. Information must be provided in an appropriate language if the individual is not fluent or literate in English.
(a)(1)–(4) 25 The National Institute of Standards 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 recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) systems; (2) develop and offer an ongoing benchmark facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) test for law enforcement that— (A) conducts evaluations of actual algorithms used by law enforcement agencies; (B) uses the types of probe imagesProbe imageThe term "probe image" means an image of a person that is searched against a database of known, identified persons or an unsolved photo file.Sec. 3(9), including in terms of quality, actually used by law enforcement agencies in its testing; (C) evaluates algorithms on larger databases that reflect the size of databases actually used by law enforcement; and (D) evaluates whether the accuracy of a facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) algorithm varies on the basis of race, ethnicity, gender, or age and assessments of bias in facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) systems; (3) develop an operational testingOperational testingThe term "operational testing" means testing that evaluates a complete 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 product settings and configurations typically used, as well as assessing the variability of system use by different users.Sec. 3(11) protocol that independent testers and law enforcement agencies may implement for annual operational testingOperational testingThe term "operational testing" means testing that evaluates a complete 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 product settings and configurations typically used, as well as assessing the variability of system use by different users.Sec. 3(11) to determine— (A) the accuracy of the facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) system; (B) the impact of human reviewers on facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) system accuracy; and (C) whether the accuracy of the facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) 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 recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) searches to ensure accuracy and prevent bias.
(b) 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 2024 through 2027.
Section 201 directs NIST to develop best practices for law enforcement agencies, create and maintain an ongoing benchmark facial recognition test that evaluates actual algorithms on representative probe images and realistically-sized databases with demographic bias assessment, develop an operational testing protocol for independent annual field testing, and study and develop training standards for human operators reviewing facial recognition results. Authorizes $5,000,000 annually for fiscal years 2024–2027 to carry out these mandates.
(a) Nothing in this Act shall be construed to preempt concurrent or more stringent limitations on the use of facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4), or any other privacy, civil rights, and civil liberties laws and rules, by the Federal Government, a StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13), or a political subdivision of a StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13).
(b) Nothing in this Act shall be construed to authorize the use of facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) by a StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13), or a political subdivision of a StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13), unless the laws of that StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) or political subdivision expressly and unambiguously authorizes such use.
Section 202 contains two rules of construction. First, it preserves concurrent or more stringent state and local limitations on facial recognition, as well as all other privacy, civil rights, and civil liberties laws. Second, it provides that nothing in the Act authorizes a state or political subdivision to use facial recognition unless that jurisdiction's own laws expressly and unambiguously authorize such use. This creates a double-authorization requirement — both federal and state law must independently permit use.
26 Not later than 90 days after the date of the enactment of this Act, each agency covered by this statute shall establish and make publicly available on the internet website of such agency a policy governing the agency's use of facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual.Sec. 3(4) systems to ensure investigative or law enforcement officerInvestigative or law enforcement officerThe 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 investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles.Sec. 3(7) compliance with the requirements of this Act.
Section 203 requires every agency covered by the Act to establish and publicly post on its website, within 90 days of enactment, a policy governing its use of facial recognition systems to ensure officer compliance with the Act's requirements.
A StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) shall not be immune under the eleventh amendment to the Constitution of the United StatesStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) from an action in Federal or StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) court of competent jurisdiction for a violation of this Act. In any action against a StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13) for a violation of the requirements of this Act, remedies (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 StateStateThe term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.Sec. 3(13).
Section 204 abrogates Eleventh Amendment sovereign immunity for states, ensuring that states may be sued in federal or state court for violations of the Act on the same terms as any other public or private entity. This enables the private right of action under Section 107(c) to reach state-level law enforcement agencies.