HR6092-118

Introduced

To regulate law enforcement use of facial recognition technology, and for other purposes.

118th Congress Introduced Oct 26, 2023

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

This bill creates strict rules for when and how police can use facial recognition technology. It requires law enforcement to get court orders before using facial recognition databases (like DMV photos), mandates accuracy testing to prevent bias, and establishes reporting requirements to track how the technology is used.

Who Benefits and How

Civil liberties and privacy advocates benefit from stronger protections against government surveillance. Criminal defendants gain new rights including access to facial recognition evidence, notice when they were identified through the technology, and the ability to suppress improperly obtained evidence. Minority communities benefit from mandatory bias testing requirements that aim to prevent discriminatory outcomes based on race, ethnicity, gender, or age.

Who Bears the Burden and How

State and local law enforcement agencies face significant new compliance requirements including court orders before searches, detailed logging and reporting, annual accuracy audits, and potential suspension of facial recognition use if violations occur. State DMVs must post notices about facial recognition use and can only allow law enforcement access pursuant to court orders. States and localities risk losing 15% of federal criminal justice grants if they fail to comply.

Key Provisions

  • Requires court orders before law enforcement can search facial recognition databases (with limited emergency exceptions)
  • Prohibits facial recognition based on body cameras, dashcams, or drones, and bans face surveillance
  • Mandates NIST accuracy testing and prohibits systems with significant racial/ethnic bias
  • Creates private right of action with $50,000 minimum damages for violations
  • Requires removal of arrest photos for minors, acquitted persons, and those released without charges

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.

At a Glance

What This Bill Does

Establishes comprehensive federal regulations on law enforcement use of facial recognition technology, including warrant requirements, civil rights protections, accuracy standards, and reporting mandates.

Key Policy Areas

Criminal Justice, Civil Rights, Privacy, Technology

Primary Purpose

Establishes comprehensive federal regulations on law enforcement use of facial recognition technology, including warrant requirements, civil rights protections, accuracy standards, and reporting mandates.

Policy Domains

Criminal Justice Civil Rights Privacy Technology

General Provisions

Identified Gains
Contextual inference, no direct clause citation
  • Civil liberties advocates
  • Privacy advocates
Model: N/A | Version: bill_summary_v2 | Source: ih

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • State and local governments
  • Law enforcement agencies
Model: N/A | Version: bill_summary_v2 | Source: ih

Contextual inference, no direct clause citation

Title I - Use of Facial Recognition by Investigative or Law Enforcement Officers

Identified Gains
Contextual inference, no direct clause citation
  • Criminal defendants
  • Civil liberties organizations
  • Minority communities
  • Privacy advocates
Model: N/A | Version: bill_summary_v2 | Source: ih

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Federal law enforcement agencies
  • State law enforcement agencies
  • Local law enforcement agencies
  • State DMVs
  • Prosecutors
  • Judges
Model: N/A | Version: bill_summary_v2 | Source: ih

Contextual inference, no direct clause citation

Title II - Additional Provisions

Identified Gains
Contextual inference, no direct clause citation
  • NIST
  • Civil rights organizations
  • Research institutions
Model: N/A | Version: bill_summary_v2 | Source: ih

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Federal agencies using facial recognition
  • Facial recognition technology vendors
Model: N/A | Version: bill_summary_v2 | Source: ih

Contextual inference, no direct clause citation

Legislative Progress

Introduced
Introduced Committee Passed
Oct 26, 2023

Mr. Lieu (for himself, Ms. Jackson Lee, Ms. Clarke of …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Law Enforcement
15 mentions across 8 clauses
-14 negative ?1 uncertain

Federal law enforcement agencies, Law enforcement agencies, Law enforcement agencies subject to this Act

General Public
10 mentions across 6 clauses
+10 positive

Arrested individuals identified via facial recognition, Criminal defendants, Immigrants and immigrant communities

Federal Agency
7 mentions across 5 clauses
+2 positive -5 negative

Administrative Office of the United States Courts, Bureau of Justice Assistance, DOJ Civil Rights Division

Positive-direction: National Institute of Standards and Technology

Negative-direction: Administrative Office of the United States Courts, Bureau of Justice Assistance, DOJ Civil Rights Division, Federal agencies using facial recognition, Government Accountability Office

State & Local Government
4 mentions across 3 clauses
+1 positive -3 negative

Local governments receiving federal criminal justice grants, State governments, State governments receiving federal criminal justice grants

Positive-direction: States with stricter facial recognition laws

Negative-direction: Local governments receiving federal criminal justice grants, State governments, State governments receiving federal criminal justice grants

Professional Services
3 mentions across 3 clauses
+3 positive

Civil rights plaintiffs attorneys, Criminal defense attorneys

Advocacy Groups
2 mentions across 2 clauses
+2 positive

Civil liberties organizations

Judiciary
2 mentions across 1 clause
-2 negative

Federal judges issuing facial recognition orders, State judges issuing facial recognition orders

Technology
2 mentions across 2 clauses
-2 negative

Facial recognition technology vendors

14/15
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Criminal Justice
Actor Mappings
"the_attorney_general"
→ Attorney General of the United States
Domains
Criminal Justice Civil Rights Privacy
Actor Mappings
"the_prosecutor"
→ Principal prosecuting attorney of a State or political subdivision, or Federal attorney
"the_director_bja"
→ Director of the Bureau of Justice Assistance
"the_director_aousc"
→ Director of the Administrative Office of the United States Courts
"the_attorney_general"
→ Attorney General of the United States
"the_assistant_attorney_general"
→ Assistant Attorney General of the DOJ Civil Rights Division
Domains
Technology Criminal Justice
Actor Mappings
"nist"
→ National Institute of Standards and Technology

Key Definitions

Terms defined in this bill

6 terms
"facial recognition" §3

An automated or semi-automated process that assists in identifying or verifying an individual based on the physical characteristics of their face, head, or body.

"face surveillance" §3_face_surveillance

The use of facial recognition with real-time or stored video footage to track, observe, or analyze the movements of individuals.

"arrest photo database" §3_arrest_photo_database

A database populated primarily by booking or arrest photographs.

"reference photo database" §3_reference_photo_database

A database populated with photos of identified individuals including drivers licenses, passports, and arrest photos.

"illegitimately obtained information" §3_illegitimately_obtained_information

Personal data obtained in violation of law, service agreements, or through deception or unauthorized access.

"investigative or law enforcement officer" §3_investigative_or_law_enforcement_officer

Any officer empowered to conduct investigations or make arrests; excludes DMV employees.

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology