; or (iv) was acquitted of the charged offense. (B) Rule of construction Nothing in this paragraph shall be construed to prohibit an investigative or law enforcement officer from using a database for other investigative procedures, such as finger printing, and shall only apply to the use of a reference photo database for the use of facial recognition. (3) Procedures Any agency responsible for maintaining and operating an arrest photo database shall establish procedures to ensure compliance with paragraph (3). (b) Orders (1) Approval An application for a warrant to use a reference photo database may not be submitted for consideration by a court unless the head of a law enforcement agency (or a designee) approves such an application. (2) Authority Except as provided by subsection (d), the principal prosecutor of a State or any political subdivision thereof and any attorney for the Government (as such term is defined for the purposes of the Federal Rules of Criminal Procedure), may make an application to a court of competent jurisdiction for, in conformity with paragraph (3), an order authorizing the use of facial recognition in conjunction with a reference photo database within the jurisdiction of that judge. (3) Application Except as provided in subsection (c), a court of competent jurisdiction may issue an order authorizing the use of facial recognition in conjunction with a reference photo database if a prosecutor submits an application to that court that establishes the following: (A) The identity of the investigative or law enforcement officer making the application, and the officer authorizing the application. (B) As full and complete a description as possible of the person that the officer seeks to identify. (C) The photos or video portraying the person that will be used to search the reference photo database. (D) Any details regarding other investigative measures taken to identify such person and an explanation for why such measures failed or are reasonably unlikely to succeed. (E) Any other investigative