Facial Recognition Act of 2025
- Bill Number
- H.R. 4695
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-07-23: Referred to the Committee on the Judiciary, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2026-03-17T08:05:49Z
AI-Generated Summary
Purpose This legislation, titled the Facial Recognition Act of 2025, establishes federal rules to govern law enforcement use of facial recognition technology. It aims to balance investigative needs with protections for privacy, civil rights, and accuracy while conditioning certain federal grants on compliance.
Key Provisions
- Eligibility for Funds: States or local governments receiving grants under the Omnibus Crime Control and Safe Streets Act face a 15% reduction in the following year's award for substantial noncompliance.
- Definitions: Clarifies terms such as arrest photo database (primarily booking photos), reference photo database (driver's licenses, passports, or identified images), probe image (image searched against a database), face surveillance (real-time or stored video tracking), and illegitimately obtained information (data acquired unlawfully or in violation of agreements).
- Warrant Requirements: Investigative or law enforcement officers may use facial recognition with reference photo databases only under a court order showing probable cause for specific serious offenses listed in 18 U.S.C. § 3559(c)(2)(F), after other methods fail. Orders are limited to 7 days and require agency head approval.
- Exceptions: Allows use without prior order for identifying deceased or incapacitated persons, AMBER Alert subjects, booking after lawful arrest, or emergencies involving imminent danger (with post-use court approval within 12 hours).
- Civil Rights and Liberties Restrictions: Prohibits use to track constitutional activities, reliance on protected characteristics except with specific evidence, immigration enforcement, body or dashboard camera integration, or face surveillance. Matches cannot be the sole basis for probable cause.
- Database Maintenance: Requires removal of photos of minors, those released without charge, or those acquitted from arrest photo databases.
- Logging, Reporting, and Audits: Agencies must log uses; annual reports to state agencies and federal offices cover applications, outcomes, and demographics. Independent audits at federal and state levels can suspend use upon violations, with public notice.
- Accuracy and Bias Testing: Systems must undergo annual National Institute of Standards and Technology (NIST) benchmark testing and operational testing by independent entities. Use is barred if accuracy falls below thresholds set by the Department of Justice Civil Rights Division.
- Enforcement: Evidence from noncompliant uses is suppressed. Civil actions allow damages of at least $50,000 per violation or profits from misuse, plus attorney fees. Disparate impact claims are permitted. Officers face potential discipline.
- Notice: Arrested individuals must receive details on the agency, database, order, probe images, and reports.
- Other Rules: NIST receives funding for best practices and testing protocols. States retain authority to impose stricter rules. Agencies must publish use policies. States lose Eleventh Amendment immunity in related suits.
Significant Changes to Existing Law
- Amends 18 U.S.C. § 2721 to restrict bulk transfer of driver's license photos for facial recognition, allowing access only on a case-by-case basis under a court order.
- Introduces new federal standards for warrants, accuracy testing, audits, and suppression of evidence not previously required for this technology.
- Creates private rights of action with statutory damages and removes state sovereign immunity for violations.
- Mandates demographic disaggregation in reporting and bias testing, expanding beyond prior voluntary guidelines.
Potential Impacts
- Government Agencies: Law enforcement must adopt new procedures, undergo audits, and risk funding cuts or use suspensions. Courts and prosecutors handle increased warrant applications and reporting. NIST gains expanded testing responsibilities. State DMVs must post public notices and limit photo access.
- Citizens: Provides notice of use, civil remedies for violations, and safeguards against bias or overreach. Limits real-time surveillance and body-camera integration.
- International Relations: No direct provisions affect foreign policy or relations.
Main Stakeholders Affected
- Federal, state, and local law enforcement agencies and officers.
- State and federal prosecutors and judges.
- Individuals whose images are searched or matched.
- State departments of motor vehicles.
- NIST and the Department of Justice Civil Rights Division.
- Civil rights and privacy advocacy groups (through enforcement mechanisms).
Notable Legal, Constitutional, or Political Implications
- Strengthens Fourth Amendment protections by requiring probable cause warrants for most uses and suppressing derivative evidence.
- Addresses equal protection and First Amendment concerns by prohibiting biased or rights-tracking applications.
- Raises federalism issues by preserving stronger state privacy laws while imposing baseline rules and funding conditions.
- Establishes new civil liability frameworks, including for disparate impacts, potentially increasing litigation.
- Politically responds to concerns over surveillance accuracy and fairness without preempting stricter local rules.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (5)
Rep. Clarke, Yvette D. [D-NY-9], Rep. Gomez, Jimmy [D-CA-34], Rep. Ivey, Glenn [D-MD-4], Rep. Veasey, Marc A. [D-TX-33], Rep. Smith, Adam [D-WA-9]
Recent Actions
- 2025-07-23: Referred to the Committee on the Judiciary, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-07-23: Referred to the Committee on the Judiciary, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-07-23: Introduced in House
- 2025-07-23: Introduced in House
Bill Versions
- Facial Recognition Act of 2025 — issued 2025-07-23 — PDF (33 pages)