; 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