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 annually submitted to the National Institute of Standards and Technology’s benchmark facial recognition test for law enforcement 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 independent testing 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. (c) Prohibition Any investigative or law enforcement 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 National Institute of Standards and Technology, on its annual 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 annually submitted to operational testing conducted by an independent entity, in accordance with National Institute of Standards and Technology’s training protocol for operational 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 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 Attorney General of the Department of Justice Civil Rights Division shall issue a rule that establishes what is a sufficiently high level of accuracy for a facial recognition system used by law enforcement, including in terms of overall accuracy and variance on the basis of race, ethnicity, gender, and age. The Assistant Attorney General of the Department of Justice Civil Rights Division shall consult with outside experts in civil rights, civil liberties, racial justice, data privacy, bioethics, law enforcement, public defense, and forensic science and other relevant areas of expertise in drafting the proposed rule. (g) Effective date This section shall take effect 18 months after the date of enactment of this Act.