What does Preamble of Facial Recognition Act of 2025 do?

This bill, formally titled 'To regulate law enforcement use of facial recognition technology, and for other purposes,' aims to regulate law enforcement's use of facial recognition technology. The bill was introduced in the House of Representatives on July 23, 2025.

What does SHORT TITLE. of Facial Recognition Act of 2025 do?

This bill is formally titled the Facial Recognition Act of 2025.

What does INELIGIBILITY FOR CERTAIN FUNDS. of Facial Recognition Act of 2025 do?

This section outlines ineligibility for certain funds based on compliance with the requirements of this Act. If a state or unit of local government fails to substantially comply with this Act's requirements for a fiscal year, the Attorney General will reduce their grant award. The reduction in grant funding would occur in the following fiscal year and would be a 15 percent decrease.

What does DEFINITIONS. of Facial Recognition Act of 2025 do?

This section defines key terms used throughout the Act. “Arrest photo database” refers to a database primarily containing booking or arrest photographs. “Candidate list” means images identified by a facial recognition system as closely matching a probe image. “Derived” information is defined as data a government would not possess without facial recognition, regardless of alternative discovery methods. “Facial recognition” is defined as an automated process that identifies or verifies individuals or captures information based on facial characteristics. “Face surveillance” involves using facial recognition with video footage to track or analyze individuals. “Illegitimately obtained information” includes data acquired through various unlawful or deceptive means, including violations of law, contracts, or privacy policies. “Investigative or law enforcement officer” includes state and federal officers empowered to make arrests, but excludes certain state department of motor vehicles employees. “Law enforcement agency” means any agency authorized to prevent, detect, investigate, or prosecute violations of law. “Probe image” is an image searched against a database of identified individuals. “Prosecutor” refers to the principal prosecuting attorney and government attorneys. “Operational testing” evaluates facial recognition systems in real-world conditions, measuring error rates and assessing variability. “Reference photo database” includes photos of identified individuals, such as driver's licenses and passports. “State” includes all U.S. states, the District of Columbia, and several territories.

What does FACIAL RECOGNITION. of Facial Recognition Act of 2025 do?

This section, titled 'Facial Recognition,' outlines procedures for law enforcement use of facial recognition technology with reference photo databases. Law enforcement officers may only use or request facial recognition with a reference photo database pursuant to a court order, with certain emergencies and exceptions. Arrest photo databases must be purged of photos of individuals under 18, those released without charges, those with dropped/dismissed charges, or those acquitted, every six months. A prosecutor must apply for a court order to authorize facial recognition use, providing details about the person sought, the photos to be used, and investigative measures already taken. Court orders authorizing facial recognition must include specific information, prohibit unauthorized photo use, limit the search duration to 7 days, and specify the legal authority for the search. State departments of motor vehicles must provide public notice regarding law enforcement's use of facial recognition for criminal investigations, including translations as needed. In emergency situations involving immediate danger or requiring rapid identification, officers may temporarily use facial recognition, but must seek court approval within 12 hours. State law governs access to state-maintained reference photo databases; federal authorities cannot access them unless state law explicitly permits it.

What does CIVIL RIGHTS AND CIVIL LIBERTIES. of Facial Recognition Act of 2025 do?

This section restricts the use of facial recognition technology by investigative and law enforcement officers. Officers are prohibited from using facial recognition to record how individuals exercise constitutional rights like free assembly, association, and speech. Reliance on race, ethnicity, etc., for facial recognition is restricted, except when linked to a specific criminal incident with trustworthy information. Facial recognition cannot be used to enforce immigration laws or share data for that purpose. The use of facial recognition in conjunction with body camera, dashboard camera, or aircraft camera footage is prohibited. Facial recognition cannot be used for 'face surveillance'. A facial recognition match cannot be the sole basis for probable cause for law enforcement action. Officers must carefully examine facial recognition results and consider potential inaccuracies. Facial recognition cannot be used with databases containing illegitimately obtained information.

What does LOGGING OF SEARCHES. of Facial Recognition Act of 2025 do?

Law enforcement agencies using facial recognition are required to log its use. The logging requirement is to ensure compliance with public reporting and audit requirements outlined in sections 104 and 105 of this Act.

What does REPORTING. of Facial Recognition Act of 2025 do?

This section establishes reporting requirements for state and federal judges and prosecutors regarding the use of facial recognition technology in conjunction with reference photo databases. State judges who authorize facial recognition must report information including the number of orders applied for, whether orders were granted or denied, and the offenses specified. State prosecutors must report information including the number of searches run, offenses investigated, arrests and convictions resulting from searches (disaggregated by race, ethnicity, gender, and age), and motions to suppress. State agencies are required to report the information collected from judges and prosecutors to the Bureau of Justice Assistance and the Administrative Office of the United States Courts. Federal judges and prosecutors also have reporting requirements to the Administrative Office of the United States Courts, mirroring the information required of their state counterparts. The Administrative Office of the United States Courts will release an annual public report to Congress summarizing the use of facial recognition technology, based on the collected data. The Directors of the Bureau of Justice Assistance and the Administrative Office of the United States Courts will issue rules regarding the content and form of the required reports.

What does AUDITS. of Facial Recognition Act of 2025 do?

This section establishes audit requirements for federal, state, and local law enforcement agencies using facial recognition technology. Federal agencies must annually submit data to the Government Accountability Office (GAO) for audit to prevent misuse and ensure compliance with sections 101, 102, and 103 of this Act. State and local agencies must submit data to an independent state agency, as determined by the state's chief executive. Audits must include a summary of findings, including the number and nature of violations, and information on procedures for removing arrest photos from databases. If a violation is uncovered, the relevant agency must cease using facial recognition until all violations are corrected. Agencies suspending facial recognition use must notify the public. Data collection should be disaggregated by race, ethnicity, gender, and age when feasible.

What does ACCURACY AND BIAS TESTING. of Facial Recognition Act of 2025 do?

This section mandates annual benchmark testing of facial recognition systems used by law enforcement by the National Institute of Standards and Technology (NIST). New facial recognition systems must undergo independent testing before use to assess accuracy and potential bias. Law enforcement officers are prohibited from using facial recognition systems that do not meet a sufficiently high level of accuracy as determined by NIST. Operational testing, conducted by an independent entity and following NIST protocols, is required annually to evaluate system accuracy, the impact of human reviewers, and potential biases. Findings from benchmark and operational testing must be reported to the Director of the Administrative Office of the United States Courts and posted on its website. The Department of Justice's Civil Rights Division is tasked with issuing a rule defining 'sufficiently high level of accuracy' for these systems, consulting with various experts. This section will take effect 18 months after the Act's enactment.

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Facial Recognition Act of 2025

Last updated: 7/23/2025 · Introduced: 7/23/2025

Author: Ted Lieu (D-CA)

TL;DR (AI)

This Act regulates law enforcement's use of facial recognition technology, requiring court orders for searches of reference photo databases except in emergency situations.
State and local governments may lose up to 15% of federal grant funding if they fail to comply with the Act's requirements.
The Act prohibits using facial recognition to infringe on constitutional rights, enforce immigration laws, or use footage from body or dashboard cameras.
Law enforcement agencies must log all facial recognition searches and submit to audits to prevent misuse and ensure compliance.
The National Institute of Standards and Technology (NIST) will conduct annual accuracy and bias testing of facial recognition systems, and agencies must meet defined accuracy standards.

119th Congressin committeeOfficial page

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Other Sections

Includes provisions on preamble, short title., and 2 more.

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TITLE I

-USE OF FACIAL RECOGNITION BY LAW ENFORCEMENT

8 sections

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TITLE II

-CERTAIN REQUIREMENTS AND LIMITATIONS ON FACIAL RECOGNITION

4 sections

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