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Code · BILL · 119th Congress · H.R. 4695 (Introduced in House) — To regulate law enforcement use of facial recognition technology, and for other purposes. · Sec. 105

Sec. 105. Audits

394 words·~2 min read·/bill/119/hr/4695/ih/section-105·

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

Any Federal law enforcement agency whose investigative or law enforcement 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 for audit by the Government Accountability Office to prevent and identify misuse and to ensure compliance with sections 101, 102, and 103 of this Act, including— a summary of the findings of the audit, including the number and nature of violations identified; and information about the procedures used by the law enforcement agency to remove arrest photos from databases in accordance with this Act.
If a violation is uncovered 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. If use of facial recognition is suspended pursuant to subparagraph (A), the Federal law enforcement agency shall notify the public of such suspension. Any State or local law enforcement agency whose investigative or law enforcement 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 independent State agency (as determined by the chief executive 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 summary of the findings of the audit, including the number and nature of violations identified, to Director of the Administrative Office of the United States Courts, and subsequently release that information to the public and post it online; information about the procedures used by the law enforcement agency to remove arrest photos from databases in accordance with this section; and any violations identified by the independent State agency.
If a violation is uncovered 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. If use of facial recognition is suspended pursuant to subparagraph (A), the State or local law enforcement agency shall notify the public of such suspension. Data collected pursuant to subsection
(a)or
(b)shall, when feasible, be collected in a manner that allows such data to be disaggregated by race, ethnicity, gender, and age.
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