# Facial Recognition Act of 2023
The Facial Recognition Act of 2023 would establish strict federal controls on how law enforcement agencies use facial recognition technology. Under the bill, officers could only use facial recognition to search databases like driver's license photos with a court-approved warrant, except in limited emergencies such as identifying deceased persons, AMBER Alert suspects, or when there is immediate danger to life. Law enforcement agencies would be prohibited from using facial recognition with body cameras, for mass surveillance, or to track individuals exercising constitutional rights like free speech and assembly. The bill also restricts using facial recognition for immigration enforcement and bans relying on a facial recognition match alone as probable cause for arrest.
The legislation requires significant oversight and transparency measures, including annual audits by independent state agencies and the Government Accountability Office, plus detailed public reporting on how many searches were conducted, which offenses were investigated, and arrest and conviction outcomes broken down by race, ethnicity, gender, and age. Facial recognition systems would need to pass annual accuracy tests from the National Institute of Standards and Technology, including testing for racial and gender bias. Violating the law could result in suppression of evidence in court, civil lawsuits seeking at least fifty thousand dollars in damages per violation, and disciplinary action against officers. Federal funding would be reduced by fifteen percent for states and localities that fail to comply with these requirements. The bill authorizes five million dollars annually through fiscal year 2027 to support testing and best practices development.