Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · BILL · 117th Congress · H.R. 9061 (Introduced in House) — To regulate law enforcement use of facial recognition technology, and for other purposes. · Sec. 101

Sec. 101. facial recognition

1,283 words·~6 min read·/bill/117/hr/9061/ih/section-101

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

An investigative or law enforcement officer may only use or request facial recognition in conjunction with a reference photo database pursuant to an order issued under subsection
(b)and the emergencies and exceptions under subsection (c). Beginning on 180 days after the date of the enactment of this Act, and every six months thereafter, with respect to an arrest photo database used in conjunction with facial recognition, the custodian of such arrest photo database shall remove from such database all photos of each person who— has not attained 18 years of age; has been released without a charge; has been released after charges are dropped or dismissed; or was acquitted of the charged offense. Nothing in this paragraph shall be construed to prohibit an investigative or law enforcement officer from using a database for other investigative procedures, such as finger printing, and shall only apply to the use of a reference photo database for the use of facial recognition. Any agency responsible for maintaining and operating an arrest photo database shall establish procedures to ensure compliance with paragraph (3). An application for a warrant to use a reference photo database may not be submitted for consideration by a court unless the head of a law enforcement agency (or a designee) approves such an application. Except as provided by subsection (d), the principal prosecutor of a State or any political subdivision thereof and any attorney for the Government (as such term is defined for the purposes of the Federal Rules of Criminal Procedure), may make an application to a court of competent jurisdiction for, in conformity with paragraph (3), an order authorizing the use of facial recognition in conjunction with a reference photo database within the jurisdiction of that judge. Except as provided in subsection (c), a court of competent jurisdiction may issue an order authorizing the use of facial recognition in conjunction with a reference photo database if a prosecutor submits an application to that court that establishes the following: The identity of the investigative or law enforcement officer making the application, and the officer authorizing the application. As full and complete a description as possible of the person that the officer seeks to identify. The photos or video portraying the person that will be used to search the reference photo database. Any details regarding other investigative measures taken to identify such person and an explanation for why such measures failed or are reasonably unlikely to succeed. Any other investigative procedures to identify such person have been tried and failed or are reasonably unlikely to succeed. Probable cause to believe that such person has committed or is committing a particular offense or offenses enumerated in section 3559(c)(2)(F) of title 18, United States Code. The order described in this paragraph shall include the following: All information required to be included in the application pursuant to such paragraph (3). A prohibition on the use, for purposes of a search of a reference photo database, other than pursuant to another order under this Act, of any photo or video not specifically listed in the order. A time period within which the search shall be made not more than 7 days, and after which no such search may be made, except pursuant to another order under this Act. The authority under which the search is to be made. Each State department of motor vehicles shall post notices in conspicuous locations at each department office, make written information available to all applicants at each office, and provide information on the department website regarding State investigative or law enforcement officers’ searches of driver’s license and ID photos through facial recognition. The notices, written information, and online information must describe how officers use and access facial recognition in criminal investigations. Notices required under subparagraph
(A)shall be posted, as necessary and reasonable, in Spanish or any language common to a significant portion of the department’s customers, if they are not fluent in English. The department shall provide translations of the poster and an electronic link that leads to the department’s website upon request. Section 2721 of title 18, United States Code, is amended— in subsection (a)— in paragraph (1), by striking the or at the end; in paragraph (2), by striking the period at the end and inserting ; or ; and by inserting after paragraph
(2)the following: a department operated facial recognition system, except as provided in subsection
(e)of this section. ; in subsection (b)(1), by inserting before the period at the end the following: but if the personal information or highly restricted personal information to be disclosed is a person’s photograph to be used or enrolled in a law enforcement facial recognition system, only on a case-by-case basis that does not involve the bulk transfer of persons’ photographs to a State or Federal law enforcement agency or a qualified third party entity that will allow law enforcement to access those photographs for the purposes of facial recognition ; and by adding at the end the following: A State department of motor vehicles, and any officer, employee, or contractor thereof, may make available a department-operated facial recognition system to a State or Federal law enforcement agency, or perform searches of such a system on behalf of the agency, only pursuant to an order issued under section 101 of the facial recognition Act of 2022 . . Notwithstanding subsections
(a)and (b), an investigative or law enforcement officer may use or request facial recognition in conjunction with a reference photo database— to assist in identifying any person who is deceased, incapacitated or otherwise physically unable of identifying himself, or the victim of a crime, whom the officer determines, in good faith, cannot be identified through other means; to assist in identifying a person whom the officer believes, in good faith, is the subject of an alert through an AMBER Alert communications network, as that term is used in section 301 of the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 ( 34 U.S.C. 20501 ); to assist in identifying any person who has been lawfully arrested, during the process of booking that person after an arrest or during that person’s custodial detention; or to assist in identifying any person— if the appropriate prosecutor determines that an emergency situation exists— that involves immediate danger of death or serious physical injury to any person; or that requires the use of facial recognition in conjunction with a reference photo database to occur before an order authorizing such use can, with due diligence, be obtained; and there are grounds upon which an order could be entered under this section to authorize such use. If an investigative or law enforcement officer uses facial recognition pursuant to paragraph (1)(D), the prosecutor shall apply for an order approving the use under subsection
(b)within 12 hours after the use occurred. The use shall immediately terminate when the application for approval is denied, or in the absence of an application, within 12 hours. In cases where an order is not obtained or denied, the officer shall destroy all information obtained as a result of the search. With respect to use of facial recognition pursuant to paragraph (1)(D), an appropriate prosecutor shall submit an affidavit to the court identifying specific details on why they believe that an emergency situation under clause
(i)exists. The authorities provided by subsections
(b)and
(c)do not authorize access reference photo databases maintained by a State, or a political subdivision of a State, unless State law expressly and unambiguously authorizes an investigative or law enforcement officer to— access driver’s license and identification document photos; and use facial recognition to conduct searches of those photos.
Connections1 off-index
1 reference not yet in our index
  • 34 USC 20501
Citation graph
cites case law
Sec. 101
facial recognition
Cite34 USC 20501
Cites 1Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.