(e) PROHIBITION ON ILLEGITIMATELY OBTAINED IN-
FORMATION.—An investigative or law enforcement office 
may not use facial recognition in conjunction with a data-
base that contains illegitimately obtained information. 
SEC. 103. LOGGING OF SEARCHES. 
A law enforcement agency whose investigative or law 
enforcement officers use facial recognition shall log its use 
of the facial recognition to the extent necessary to comply 
with the public reporting and audit requirements of sec-
tions 104 and 105 of this Act. 
SEC. 104. REPORTING. 
(a) STATE REPORTING REQUIRED.— 
(1) STATE JUDICIARY.—Not later than the last 
day of the first January after the date of the enact-
ment of this Act, and each January thereafter, each 
State judge who has issued a court order authorizing 
or approving facial recognition in conjunction with a 
reference photo database shall report to a State 
agency (as determined by the chief executive of the 
State) the following information: 
(A) The number of orders or extensions 
was applied for. 
(B) Whether the order or extension was 
issued pursuant to section 101(b) or section 
102(c). 
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(C) Whether the order or extension was 
granted as applied for, was modified, or was de-
nied. 
(D) The offense specified in the order or 
application, or extension of an order. 
(E) The identity of the applying investiga-
tive or law enforcement officer and agency mak-
ing the application and the person authorizing 
the application. 
(F) For orders issued pursuant to section 
101(c), the reference photo database that was 
searched. 
(2) PROSECUTORS.—Not later than the last day 
of the first January after the date of the enactment 
of this Act, and each January thereafter, each State 
prosecutor, or a prosecutor of a political subdivision 
thereof, who has requested a court order authorizing 
or approving facial recognition in conjunction with a 
reference photo database shall report to a State 
agency (as determined by the chief executive of the 
State) the following information with respect to the 
use of facial recognition in conjunction with an ref-
erence photo database: 
(A) The number of such searches run. 
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(B) The offenses that those searches were 
used to investigate, and for each offense, the 
number of searches run. 
(C) The arrests that such searches contrib-
uted to, and the offenses for which the arrests 
were made, disaggregated by race, ethnicity, 
gender, and age. 
(D) The number of convictions that such 
searches contributed to and the offenses for 
which 
the 
convictions 
were 
obtained, 
disaggregated by race, ethnicity, gender, and 
age. 
(E) The number of motions to suppress 
made with respect to those searches, and the 
number granted or denied. 
(F) The types and names of databases that 
were used and the number of photos removed 
with respect to arrest photo databases that 
were confirmed to have been removed in accord-
ance with this section. 
(3) REPORT TO BUREAU OF JUSTICE ASSIST-
ANCE.—Not later than 90 days after such report is 
submitted under paragraph (1), and annually there-
after, the State agency shall report the information 
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collected under paragraph (1) to the Director of the 
Bureau of Justice Assistance. 
(4) REPORT
TO
ADMINISTRATIVE
OFFICE
OF 
THE UNITED STATES COURTS.—Not later than 90 
days after such report is submitted under paragraph 
(2), and annually thereafter, the State agency shall 
report the information collected under paragraph (2) 
to the Director of the Administrative Office of the 
United States Courts. 
(b) FEDERAL REPORTING REQUIRED.—Not later 
than the last day of the first January after the date of 
the enactment of this Act, and each January thereafter— 
(1) each Federal judge who has issued a court 
order authorizing or approving facial recognition in 
conjunction with a reference photo database shall 
submit to the Director of the Administrative Office 
of the United States Courts a report including the 
information under subparagraphs (A) through (F) of 
subsection (a)(1); and 
(2) and a Federal prosecutor who requested 
such order, shall submit to the Director of the Ad-
ministrative Office of the United States Courts a re-
port including the information under subparagraphs 
(A) through (G) of subsection (a)(2). 
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(c) PUBLIC REPORTING.—In June of each year the 
Director of the Administrative Office of the United States 
Courts shall release to the public, post online, and trans-
mit to the Congress a full and complete report concerning 
the use of facial recognition in conjunction with reference 
photo databases, including the information reported to the 
Director pursuant to subsections (a) and (b). 
(d) RULES.—The Director of the Bureau of Justice 
Assistance and the Director of the Administrative Office 
of the United States Courts shall issue rules with respect 
to the content and form of the reports required to be filed 
under subsections (a) through (c) of this section and sec-
tions 105 and 106 of this Act. 
SEC. 105. AUDITS. 
(a) FEDERAL LEVEL AUDIT.— 
(1) IN
GENERAL.—Any Federal law enforce-
ment agency whose investigative or law enforcement 
officers use facial recognition, regardless of whether 
they use a system operated by that agency or an-
other agency, shall annually submit data with re-
spect to their use of facial recognition for audit by 
the Government Accountability Office to prevent and 
identify misuse and to ensure compliance with sec-
tions 101, 102, and 103 of this Act, including— 
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(A) a summary of the findings of the 
audit, including the number and nature of vio-
lations identified; and 
(B) information about the procedures used 
by the law enforcement agency to remove arrest 
photos from databases in accordance with this 
Act. 
(2) SUSPENSION.— 
(A) IN GENERAL.—If a violation is uncov-
ered by the audit conducted under paragraph 
(1), the Federal law enforcement agency shall 
cease using facial recognition until such time 
that all violations have been corrected. 
(B) PUBLIC NOTICE.—If use of facial rec-
ognition is suspended pursuant to subparagraph 
(A), the Federal law enforcement agency shall 
notify the public of such suspension. 
(b) STATE LEVEL AUDIT.— 
(1) IN GENERAL.—Any State or local law en-
forcement agency whose investigative or law enforce-
ment officers use facial recognition, regardless of 
whether they use a system operated by that agency 
or another agency, shall annually submit data with 
respect to their use of facial recognition to an inde-
pendent State agency (as determined by the chief ex-
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ecutive of the State) to prevent and identify misuse 
and to ensure compliance with sections 101, 102, 
and 103 of this Act. Such independent State agency 
shall report— 
(A) a summary of the findings of the 
audit, including the number and nature of vio-
lations identified, to Director of the Administra-
tive Office of the United States Courts, and 
subsequently release that information to the 
public and post it online; 
(B) information about the procedures used 
by the law enforcement agency to remove arrest 
photos from databases in accordance with this 
section; and 
(C) any violations identified by the inde-
pendent State agency. 
(2) SUSPENSION.— 
(A) IN GENERAL.—If a violation is uncov-
ered by the audit conducted under paragraph 
(1), the State or local law enforcement agency 
shall cease using facial recognition until such 
time that all violations have been corrected. 
(B) PUBLIC NOTICE.—If use of facial rec-
ognition is suspended pursuant to subparagraph 
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(A), the State or local law enforcement agency 
shall notify the public of such suspension. 
(c) DISAGGREGATED DATA.—Data collected pursu-
ant to subsection (a) or (b) shall, when feasible, be col-
lected in a manner that allows such data to be 
disaggregated by race, ethnicity, gender, and age. 
SEC. 106. ACCURACY AND BIAS TESTING. 
(a) BENCHMARK TESTING.—No investigative or law 
enforcement officers may use a facial recognition system 
or information derived from it unless that system is annu-
ally submitted to the National Institute of Standards and 
Technology’s benchmark facial recognition test for law en-
forcement to determine— 
(1) the accuracy of the system; and 
(2) whether the accuracy of the system varies 
significantly on the basis of race, ethnicity, gender 
or age. 
(b) BENCHMARK TESTING FOR NEW SYSTEMS.—No 
investigative or law enforcement officers may begin using 
a new facial recognition system or information derived 
from it unless that system is first submitted to inde-
pendent testing to determine— 
(1) the accuracy of the system; and 
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(2) whether the accuracy of the system varies 
significantly on the basis of race, ethnicity, gender, 
or age. 
(c) PROHIBITION.—Any investigative or law enforce-
ment officer may not use facial recognition that has not 
achieved a sufficiently high level of accuracy, including in 
terms of overall accuracy and variance on the basis of 
race, ethnicity, gender, or age, as determined by the Na-
tional Institute of Standards and Technology, on its an-
nual benchmark test for law enforcement use. 
(d) OPERATIONAL TESTING.—No investigative or law 
enforcement agencies may use a facial recognition system 
or information derived from it unless that system is annu-
ally submitted to operational testing conducted by an inde-
pendent entity, in accordance with National Institute of 
Standards and Technology’s training protocol for oper-
ational testing, to determine— 
(1) the accuracy of the system; 
(2) the impact of human reviewers on system 
accuracy; and 
(3) whether the accuracy of the system varies 
significantly on the basis of race, ethnicity, gender, 
or age. 
(e) REPORTING.—A summary of the findings of the 
tests required by subsection (a) or (d) shall be submitted 
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to the Director of the Administrative Office of the United 
States Courts and posted on the internet website of the 
Administrative Office of the United States Courts. 
(f) RULEMAKING REQUIRED.—The Assistant Attor-
ney General of the Department of Justice Civil Rights Di-
vision shall issue a rule that establishes what is a suffi-
ciently high level of accuracy for a facial recognition sys-
tem used by law enforcement, including in terms of overall 
accuracy and variance on the basis of race, ethnicity, gen-
der, and age. The Assistant Attorney General of the De-
partment of Justice Civil Rights Division shall consult 
with outside experts in civil rights, civil liberties, racial 
justice, data privacy, bioethics, law enforcement, public de-
fense, and forensic science and other relevant areas of ex-
pertise in drafting the proposed rule. 
(g) EFFECTIVE DATE.—This section shall take effect 
18 months after the date of enactment of this Act. 
SEC. 107. ENFORCEMENT. 
(a) SUPPRESSION.—In the case that the use of facial 
recognition has occurred, no results from the use and no 
evidence derived therefrom may be received in evidence in 
any trial, hearing, or other proceeding in or before any 
court, grand jury, department, officer, agency, regulatory 
body, legislative committee, or other authority of the 
United States, a State, or a political subdivision thereof 
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if the use of facial recognition violated this Act or if the 
use was conducted in an emergency under section 101 and 
the officer or agency did not subsequently obtain an order 
for that use as required under such section. 
(b) ADMINISTRATIVE DISCIPLINE.—If a court or law 
enforcement agency determines that an investigative or 
law enforcement officer has violated any provision of this 
Act, and the court or agency finds that the circumstances 
surrounding the violation raise serious questions about 
whether or not the officer acted intentionally with respect 
to the violation, the agency shall promptly initiate a pro-
ceeding to determine whether disciplinary action against 
the officer is warranted. 
(c) CIVIL ACTION.— 
(1) IN GENERAL.—Any person who is subject to 
identification or attempted identification through fa-
cial recognition in violation of this Act may bring a 
civil action in the appropriate court to recover such 
relief as may be appropriate from the investigative 
or law enforcement officer or the State or Federal 
law enforcement agency which engaged in that viola-
tion. 
(2) RELIEF.—In an action under this sub-
section, appropriate relief includes— 
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