[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3361 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 3361

 To prohibit the use of facial recognition technology in airports, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 29, 2023

 Mr. Merkley (for himself, Mr. Kennedy, Mr. Markey, Mr. Marshall, Mr. 
Sanders, and Ms. Warren) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
 To prohibit the use of facial recognition technology in airports, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Traveler Privacy Protection Act of 
2023''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration'' means the 
        Transportation Security Administration.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Transportation Security Administration.
            (3) Airport.--The term ``airport'' has the meaning given 
        such term in section 47102 of title 49, United States Code.

SEC. 3. PROHIBITION ON USE OF FACIAL RECOGNITION TECHNOLOGY.

    (a) In General.--The Administrator may not, for any purpose, use 
facial recognition technology or facial matching software in any 
airport unless such use is expressly authorized by an Act of Congress 
enacted after the date of the enactment of this Act.
    (b) Disposal of Facial Biometrics.--Not later than 90 days after 
the date of the enactment of this Act, the Administrator shall dispose 
of any facial biometric information, including images and videos, 
obtained through facial recognition technology or facial matching 
software of the Administration.

SEC. 4. AMENDMENTS TO AVIATION AND TRANSPORTATION SECURITY ACT.

    The Aviation and Transportation Security Act (Public Law 107-71; 
115 Stat. 597) is amended--
            (1) in section 109 (49 U.S.C. 114 note)--
                    (A) in paragraph 6, by inserting ``, excluding 
                facial recognition technology or facial matching 
                software'' after ``imprints''; and
                    (B) in paragraph 7, by inserting ``, excluding 
                facial recognition technology or facial matching 
                software,'' after ``technologies''; and
            (2) in section 137(d)(3) (49 U.S.C. 44912 note), by 
        inserting ``, excluding facial recognition technology or facial 
        matching software,'' after ``biometrics''.

SEC. 5. ADDITIONAL MODIFICATIONS WITH RESPECT TO AIR TRANSPORTATION 
              SECURITY.

    Section 44903 of title 49, United States Code, is amended--
            (1) in subsection (c)(3), by inserting ``, excluding facial 
        recognition technology or facial matching software,'' after 
        ``other technology'';
            (2) in subsection (g)(2)(G), by inserting ``, excluding 
        facial recognition technology or facial matching software,'' 
        after ``technologies''; and
            (3) in subsection (h)(4)(E), by inserting ``, excluding 
        facial recognition technology or facial matching software,'' 
        after ``technology''.
                                 <all>