WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
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.
This Act may be cited as the ''Facial RecognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that— (A) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the physical characteristics of the individual's face; or (B) logs characteristics of an individual's face, head, or body to infer emotion, associations, activities, or the location of an individual.Sec. 5(3) Ban on Body Cameras Act''.
Establishes the short title of the Act as the Facial Recognition Ban on Body Cameras Act. This section creates no compliance obligation.
(1) Facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that— (A) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the physical characteristics of the individual's face; or (B) logs characteristics of an individual's face, head, or body to infer emotion, associations, activities, or the location of an individual.Sec. 5(3) and other remote biometric surveillance technology pose unique and significant threats to the civil rights and civil liberties of residents and visitors.
(2) The useUseThe term "use" means one or both of the following: (A) The direct use of a biometric surveillance system by a law enforcement officer or a law enforcement agency. (B) A request or agreement by a law enforcement officer or law enforcement agency that another law enforcement agency or other third party use a biometric surveillance system on behalf of the requesting officer or agency.Sec. 5(5) of facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that— (A) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the physical characteristics of the individual's face; or (B) logs characteristics of an individual's face, head, or body to infer emotion, associations, activities, or the location of an individual.Sec. 5(3) and other remote biometric surveillance is the functional equivalent of requiring every person to show a personal photo identification card at all times in violation of recognized constitutional rights. This technology also allows people to be tracked without consent.
(3) It would also generate massive databases about law-abiding Americans, and may chill the exercise of free speech in public places.
(4) Facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that— (A) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the physical characteristics of the individual's face; or (B) logs characteristics of an individual's face, head, or body to infer emotion, associations, activities, or the location of an individual.Sec. 5(3) and other remote biometric surveillance technology has been repeatedly demonstrated to misidentify women, young people, people with disabilities, transgender people, and people of color and to create an elevated risk of harmful ''false positive'' identifications.
(5) Facial and other remote biometric surveillance would corrupt the core purpose of officer-worn body-worn camerasBody-worn cameraThe term "body-worn camera" means an officer camera or similar device that records or transmits images or sound and is attached to the body or clothing of, or carried by, a law enforcement officer.Sec. 5(2) by transforming those devices from transparency and accountability tools into roving surveillance systems.
(6) The useUseThe term "use" means one or both of the following: (A) The direct use of a biometric surveillance system by a law enforcement officer or a law enforcement agency. (B) A request or agreement by a law enforcement officer or law enforcement agency that another law enforcement agency or other third party use a biometric surveillance system on behalf of the requesting officer or agency.Sec. 5(5) of facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that— (A) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the physical characteristics of the individual's face; or (B) logs characteristics of an individual's face, head, or body to infer emotion, associations, activities, or the location of an individual.Sec. 5(3) and other remote biometric surveillance would disproportionately impact the civil rights and civil liberties of persons who live in highly policed communities.
(7) Its useUseThe term "use" means one or both of the following: (A) The direct use of a biometric surveillance system by a law enforcement officer or a law enforcement agency. (B) A request or agreement by a law enforcement officer or law enforcement agency that another law enforcement agency or other third party use a biometric surveillance system on behalf of the requesting officer or agency.Sec. 5(5) would also diminish effective policing and public safety by discouraging people in these communities, including victims of crime, undocumented persons, people with unpaid fines and fees, and those with prior criminal history from seeking police assistance or from assisting the police.
Sets out seven congressional findings describing the civil liberties risks, discriminatory impacts, and community-policing harms of applying facial recognition and other remote biometric surveillance to body-worn camera footage. These are legislative findings that support the prohibitions in Sections 3 and 4 but impose no independent compliance obligation.
(a) 1 Beginning on the first day of the first fiscal year beginning after the date of the enactment of this Act, a State or unit of local government is ineligible to receive Federal financial assistance under the Byrne grant program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 unless the State or unit of local government is complying with a law or policy that is substantially similar to the prohibition set forth in section 4.
(b) Nothing in this section may be construed to preempt or supersede any Federal, State, or local law that imposes a more stringent limitation than the prohibition set forth in section 4.
This section conditions federal Byrne grant eligibility on state and local government compliance with the facial recognition prohibition. Beginning the first fiscal year after enactment, a state or unit of local government becomes ineligible for Byrne grant funding unless it is complying with a law or policy substantially similar to the Section 4 prohibition. The savings clause in subsection (b) preserves any more stringent federal, state, or local restrictions.
2 A Federal law enforcement agency may not useUseThe term "use" means one or both of the following: (A) The direct use of a biometric surveillance system by a law enforcement officer or a law enforcement agency. (B) A request or agreement by a law enforcement officer or law enforcement agency that another law enforcement agency or other third party use a biometric surveillance system on behalf of the requesting officer or agency.Sec. 5(5) facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that— (A) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the physical characteristics of the individual's face; or (B) logs characteristics of an individual's face, head, or body to infer emotion, associations, activities, or the location of an individual.Sec. 5(3) technology or other remote biometric surveillance systemsBiometric surveillance systemThe term "biometric surveillance system" means any computer software or application that performs facial recognition or other remote biometric surveillance.Sec. 5(1) on any image acquired by body-worn cameras of law enforcement officers.
This section contains the Act's core prohibition: federal law enforcement agencies may not use facial recognition technology or other remote biometric surveillance systems on any image acquired by body-worn cameras of law enforcement officers. The prohibition is absolute — no exceptions are provided for warrant-backed use, exigent circumstances, or any other justification. Combined with the broad definition of use in Section 5, this prohibition covers both direct use and requests that third parties perform the surveillance on the agency's behalf.
(1) The term ''biometric surveillance systemBiometric surveillance systemThe term "biometric surveillance system" means any computer software or application that performs facial recognition or other remote biometric surveillance.Sec. 5(1)'' means any computer software or application that performs facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that— (A) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the physical characteristics of the individual's face; or (B) logs characteristics of an individual's face, head, or body to infer emotion, associations, activities, or the location of an individual.Sec. 5(3) or other remote biometric surveillance.
(2) The term ''body-worn cameraBody-worn cameraThe term "body-worn camera" means an officer camera or similar device that records or transmits images or sound and is attached to the body or clothing of, or carried by, a law enforcement officer.Sec. 5(2)'' means an officer camera or similar device that records or transmits images or sound and is attached to the body or clothing of, or carried by, a law enforcement officer.
(3) The term ''facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that— (A) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the physical characteristics of the individual's face; or (B) logs characteristics of an individual's face, head, or body to infer emotion, associations, activities, or the location of an individual.Sec. 5(3)'' means an automated or semi-automated process that— (A) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the physical characteristics of the individual's face; or (B) logs characteristics of an individual's face, head, or body to infer emotion, associations, activities, or the location of an individual.
(4) The term ''other remote biometric recognitionOther remote biometric recognitionThe term "other remote biometric recognition"— (A) means an automated or semi-automated process that— (i) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the characteristics of the individual's gait or other immutable characteristic ascertained from a distance; (ii) uses voice recognition technology; or (iii) logs such characteristics to infer emotion, associations, activities, or the location of an individual; and (B) does not include identification based on fingerprints or palm prints.Sec. 5(4)''— (A) means an automated or semi-automated process that— (i) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the characteristics of the individual's gait or other immutable characteristic ascertained from a distance; (ii) usesUseThe term "use" means one or both of the following: (A) The direct use of a biometric surveillance system by a law enforcement officer or a law enforcement agency. (B) A request or agreement by a law enforcement officer or law enforcement agency that another law enforcement agency or other third party use a biometric surveillance system on behalf of the requesting officer or agency.Sec. 5(5) voice recognition technology; or (iii) logs such characteristics to infer emotion, associations, activities, or the location of an individual; and (B) does not include identification based on fingerprints or palm prints.
(5) The term ''useUseThe term "use" means one or both of the following: (A) The direct use of a biometric surveillance system by a law enforcement officer or a law enforcement agency. (B) A request or agreement by a law enforcement officer or law enforcement agency that another law enforcement agency or other third party use a biometric surveillance system on behalf of the requesting officer or agency.Sec. 5(5)'' means one or both of the following: (A) The direct use of a biometric surveillance systemBiometric surveillance systemThe term "biometric surveillance system" means any computer software or application that performs facial recognition or other remote biometric surveillance.Sec. 5(1) by a law enforcement officer or a law enforcement agency. (B) A request or agreement by a law enforcement officer or law enforcement agency that another law enforcement agency or other third party useUseThe term "use" means one or both of the following: (A) The direct use of a biometric surveillance system by a law enforcement officer or a law enforcement agency. (B) A request or agreement by a law enforcement officer or law enforcement agency that another law enforcement agency or other third party use a biometric surveillance system on behalf of the requesting officer or agency.Sec. 5(5) a biometric surveillance systemBiometric surveillance systemThe term "biometric surveillance system" means any computer software or application that performs facial recognition or other remote biometric surveillance.Sec. 5(1) on behalf of the requesting officer or agency.
Defines the Act's key terms. Biometric surveillance system covers any software or application performing facial recognition or other remote biometric surveillance. Facial recognition is defined broadly to include both identification and emotion/activity inference from facial characteristics. Other remote biometric recognition extends to gait analysis, voice recognition, and immutable-characteristic surveillance ascertained from a distance, but expressly excludes fingerprint and palm-print identification. The definition of use covers both direct agency use and requests or agreements for third-party use on the agency's behalf, closing a potential circumvention pathway.