1. Short title This Act may be cited as the Facial Recognition Act of 2023 . 2. Ineligibility for certain funds In the case of a State or unit of local government that received a grant award under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ), if the State or unit of local government fails to substantially to comply with the requirements under this Act for a fiscal year, the Attorney General shall reduce the amount that would otherwise be awarded to that State or unit of local government under such grant program in the following fiscal year by 15 percent. 3. Definitions In this Act: (1) Arrest photo database The term arrest photo database means a database populated primarily by booking or arrest photographs or photographs of persons encountered by an investigative or law enforcement officer. (2) Candidate list The term candidate list means the top images that a facial recognition system determines to most closely match a probe image. (3) Derived The term derived means that a Federal or State government would not have possessed the information or evidence but for the use of facial recognition, regardless of any claim that the information or evidence is attenuated from such recognition, and would inevitably have been discovered or obtained the information or evidence through other means. (4) Facial recognition The term facial recognition means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual’s face, head or body, or that uses characteristics of an individual’s face, head or body, to infer emotion, associations, activities, or the location of an individual. (5) Face surveillance The term face surveillance means the use of facial recognition with real-time or stored video footage to track, observe, or analyze the movements, behavior, data, or actions of an individual or groups of individuals. (6)