,,ii #aafth ,,congress #ast ,session ,s4 #bhgh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ad1 #bjai,mr4 ,coons 7for himself and ,mr4 ,lee7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to limit the use of facial recognition technology by ,federal agencies1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,facial ,recognition ,technology ,warrant ,act of #bjai4 #b4 ,definitions ,in this ,act3 7#a7 ,agency ,the term agency has the meaning given the term in section #eea of title #e1 ,united ,states ,code4 7#b7 ,covered court order ,the term covered court order means a court order obtained in accordance with rule #da of the ,federal ,rules of ,criminal ,procedure and in connection with the investigation of an offense for which an order could be sought under section #beaf of title #ah1 ,united ,states ,code4 7#c7 ,facial recognition technology ,the term facial recognition technology means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images4 7#d7 ,ongoing surveillance ,the term ongoing surveillance-- 7,a7 means the utilization of facial recognition technology to engage in a sustained effort to track the physical movements of an identified individual through #a or more public places where such movements occur over a period of time greater than #gb hours1 whether in real time or through application of such technology to historical records2 and 7,b7 does not include instances where facial recognition technology is utilized for a single identification or attempted identification of an individual1 if no subsequent attempt is made to track that individual's movement in real time or through the use of historical records after the individual has been identified4 #c4 ,limitation on use of facial recognition technology 7a7 ,in general ,subject to subsection 7b71 an officer or employee of an agency may not use facial recognition technology to engage in ongoing surveillance of an individual or group of individuals in a public space1 unless-- 7#a7 the use of the facial recognition technology is in support of a law enforcement activity2 and 7#b7 7,a7 a covered court order has been obtained to allow the use of facial recognition technology for ongoing surveillance of the individual or group of individuals2 or 7,b7 an investigative or law enforcement officer-- 7i7 reasonably determines that exigent circumstances and compelling law enforcement needs make it impractical to obtain a covered court order2 7ii7 reasonably determines that there are grounds for which a covered court order could be obtained under subparagraph 7,a72 and 7iii7 causes an application for a covered court order to be made in accordance with subparagraph 7,a7 not later than #dh hours after the use of facial recognition technology to engage in ongoing surveillance4 7b7 ,requirement ,if an application for a covered court order made under subsection 7a77#b77;,b7 is denied1 the use of facial recognition technology shall terminate at the time of the denial4 7c7 ,duration of orders 7#a7 ,in general ,subject to paragraph 7#b71 a covered court order may only authorize ongoing surveillance until the date on which the objective of the order is satisfied1 except that such order may not authorize ongoing surveillance for a period of longer than #cj days4 7#b7 ,requirement ,the #cj-;day period described in paragraph 7#a7 shall begin on the earlier of-- 7,a7 the date on which the agency begins to use facial recognition technology2 or 7,b7 the date that is #aj days after the court order is issued4 7#c7 ,extension ,a court may grant an extension of the #cj-;day period described in paragraph 7#a7 if the extension satisfies the requirements of subsection 7a77#b77;,a7 and such extension may last not longer than #cj days4 7d7 ,minimization requirement ,any use of facial recognition technology pursuant to a covered court order shall be conducted in such a way as to minimize the acquisition1 retention1 and dissemination of information about the individuals other than those for whom there was probable cause to seek the covered court order obtained under subsection 7a77#b77;,a74 7e7 ,motion ,to suppress 7#a7 ,in general ,except as provided in paragraph 7#b71 any aggrieved individual who has been the subject of ongoing surveillance using facial recognition technology1 in any trial1 hearing1 or proceeding in or before any court1 department1 officer1 agency1 regulatory body1 or other authority of the ,united ,states1 a ,state1 or a political subdivision thereof1 may move to suppress information directly obtained through the use of facial recognition technology1 or evidence derived therefrom1 in violation of this section1 on the grounds that-- 7,a7 the information was unlawfully obtained2 7,b7 the order of authorization or approval under which the information was obtained is insufficient on its face2 or 7,c7 the use of facial recognition technology was not used in conformity with the order of authorization or approval4 7#b7 ,exception ,evidence obtained through the use of facial recognition technology in violation of this section shall not be suppressed under paragraph 7#a7 if the evidence was acquired by an officer or an employee of an agency with an objectively reasonable belief that the use of facial recognition technology was in compliance with this section4 7#c7 ,requirement ,a motion described in paragraph 7#a7 shall be made before the trial1 hearing1 or proceeding unless there was no opportunity to make such motion or the individual was not aware of the grounds of the motion4 ,if the motion is granted1 the information directly obtained through the use of facial recognition technology1 or evidence derived therefrom1 shall be treated as having been obtained in violation of this section4 7#d7 ,inspection of information ,the judge1 upon the filing of a motion under this subsection by the aggrieved individual1 may in his or her discretion make available to the aggrieved individual or counsel of the aggrieved individual for inspection such portions of the information or evidence derived therefrom as the judge determines to be in the interests of justice4 7#e7 ,appeal ,in addition to any other right to appeal1 the ,united ,states shall have the right to appeal from an order granting a motion to suppress made under this subsection1 or the denial of an application for an order of approval1 if the ,united ,states attorney shall certify to the judge or other official granting such motion or denying such application that the appeal is not taken for purposes of delay4 ,such appeal shall be taken within #cj days after the date the order was entered and shall be diligently prosecuted4 7#f7 ,limitation ,the remedies and sanctions described in this subsection with respect to the use of facial recognition technology are the only judicial remedies and sanctions for nonconstitutional violations of this section involving such technology4 7f7 ,foreign intelligence information ,nothing in this section shall be construed to affect the use of facial recognition technology to engage in ongoing surveillance connected with the acquisition of foreign intelligence information1 as defined in section #aja7;e7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja7;e774 #d4 ,reports on government use of facial recognition technology 7a7 ,report by judge ,not later than #cj days after issuance of a covered court order under section #c7;a77#b77;,a7 or an extension thereof under section #c7;c77#c71 or the denial of such a warrant or extension1 the issuing or denying judge shall report to the ,administrative ,office of the ,united ,states ,courts-- 7#a7 the fact that a warrant or extension was applied for2 7#b7 the fact that the warrant or extension was granted as applied for1 was modified1 or was denied2 7#c7 the period of time for which the warrant approves the use of facial recognition technology1 and the number and duration of any extensions2 and 7#d7 the offense specified in the warrant or application4 7b7 ,reports ,beginning #a year after the date of enactment of this ,act1 and not later than ,september #cj of each year thereafter1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall transmit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives1 and make available to the public1 a full and complete report summarizing the data required to be filed with the ,administrative ,office under subsection 7a71 including-- 7#a7 the number of applications for covered court orders and extensions authorizing delayed notice2 7#b7 the number of covered court orders and extensions granted or denied during the preceding fiscal year2 7#c7 for each covered court order or extension granted-- 7,a7 the period of time for which the warrant approves the use of facial recognition technology1 and the number and duration of any extensions2 7,b7 the offense specified in the covered court order or application1 or extension of an order2 7,c7 the identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application2 and 7,d7 the nature of the facilities or cameras from which the data analyzed by facial recognition technology came from2 7#d7 a general description of the identifications made under a covered court order or extension1 including-- 7,a7 the approximate nature and frequency of use of the facial recognition technology2 7,b7 the approximate number of persons who were subjected to analysis using the facial recognition technology2 and 7,c7 the approximate nature1 amount1 and cost of the manpower and other resources during the use of the facial recognition technology2 and 7#e7 the number of misidentifications1 including any arrest of an individual that does not result in charges being entered against the individual1 made based upon information directly obtained through the use of facial recognition technology1 or evidence derived therefrom4 7c7 ,regulations ,the ,director of the ,administrative ,office of the ,united ,states ,courts1 in consultation with the ,attorney ,general1 may issue guidance regarding the content and form of the reports required to be filed under subsection 7a74 #e4 ,human review and testing 7a7 ,human review of facial recognition technology ,an agency shall require a trained officer to examine the output or recommendation of any facial recognition system before the agency investigates or otherwise interacts with an individual identified by the system in connection with a covered court order issued under section #c7;a77#b77;,a7 or in connection with an emergency under section #c7;a77#b77;,b74 7b7 ,testing ,the head of each agency1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology1 shall establish testing procedures regarding all facial recognition technology systems used by the agency1 including a process to-- 7#a7 periodically undertake independent tests of the performance of the system in typical operational conditions2 7#b7 identify relative performance across different subpopulations1 including error rates when the system is tested across subpopulations1 alone and in combination with1 different skin tones1 ages1 and genders2 and 7#c7 review such tests and take action to improve the accuracy of the system across subpopulations upon a finding indicating there are disparate error rates when the system is tested across subpopulations4