Sec. 104. Reporting
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/bill/117/hr/9061/ih/section-104A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 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: The number of orders or extensions was applied for. Whether the order or extension was issued pursuant to section 101(b) or section 102(c).
Whether the order or extension was granted as applied for, was modified, or was denied. The offense specified in the order or application, or extension of an order. The identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application. For orders issued pursuant to section 101(c), the reference photo database that was searched. 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 reference photo database:
The number of such searches run. The offenses that those searches were used to investigate, and for each offense, the number of searches run. The arrests that such searches contributed to, and the offenses for which the arrests were made, disaggregated by race, ethnicity, gender, and age. 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. The number of motions to suppress made with respect to those searches, and the number granted or denied.
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 accordance with this section. Not later than 90 days after such report is submitted under paragraph (1), and annually thereafter, the State agency shall report the information collected under paragraph
(1)to the Director of the Bureau of Justice Assistance. 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. Not later than the last day of the first January after the date of the enactment of this Act, and each January thereafter— 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 and a Federal prosecutor who requested such order, shall submit to the Director of the Administrative Office of the United States Courts a report including the information under subparagraphs
(A)through
(G)of subsection (a)(2). In June of each year the Director of the Administrative Office of the United States Courts shall release to the public, post online, and transmit 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). 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 sections 105 and 106 of this Act.