; (ii) in paragraph (2), by striking the period at the end and inserting ; or ; and (iii) by inserting after paragraph (2) the following: (3) a department operated facial recognition system, except as provided in subsection (f) of this section. ; (B) in subsection (b)(1), by inserting before the period at the end the following: but if the personal information or highly restricted personal information to be disclosed is a person’s photograph to be used or enrolled in a law enforcement facial recognition system, only on a case-by-case basis that does not involve the bulk transfer of persons’ photographs to a State or Federal law enforcement agency or a qualified third party entity that will allow law enforcement to access those photographs for the purposes of facial recognition ; and (C) by adding at the end the following: (f) Law enforcement access to facial recognition systems A State department of motor vehicles, and any officer, employee, or contractor thereof, may make available a department-operated facial recognition system to a State or Federal law enforcement agency, or perform searches of such a system on behalf of the agency, only pursuant to an order issued under section 101 of the Facial Recognition Act of 2023 . . (c) Emergencies and exceptions (1) Initial use Notwithstanding subsections (a) and (b), an investigative or law enforcement officer may use or request facial recognition in conjunction with a reference photo database— (A) to assist in identifying any person who is deceased, incapacitated or otherwise physically unable of identifying himself, or the victim of a crime, whom the officer determines, in good faith, cannot be identified through other means; (B) to assist in identifying a person whom the officer believes, in good faith, is the subject of an alert through an AMBER Alert communications network, as that term is used in section 301 of the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 ( 34 U.S.C. 20501 )