[Congressional Record Volume 170, Number 67 (Wednesday, April 17, 2024)]
[Senate]
[Pages S2830-S2831]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1822. Mr. MERKLEY (for himself and Mr. Kennedy) submitted an 
amendment intended to be proposed by him to the bill H.R. 7888, to 
reform the Foreign Intelligence Surveillance Act of 1978; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

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

       (a) In General.--Section 44901 of title 49, United States 
     Code, as amended by section 642, is further amended by adding 
     at the end the following new subsection:
       ``(n) Prohibition on Use of Facial Recognition 
     Technology.--

[[Page S2831]]

       ``(1) Definitions.--In this subsection:
       ``(A) Administration.--The term `Administration' means the 
     Transportation Security Administration.
       ``(B) Administrator.--The term `Administrator' means the 
     Administrator of the Transportation Security Administration.
       ``(C) Airport.--The term `airport' has the meaning given 
     such term in section 47102.
       ``(D) Identity verification.--The term `identity 
     verification' means the confirmation of the identity of a 
     protected individual before admittance to the sterile area of 
     the airport.
       ``(E) Protected individual.--The term `protected 
     individual' means an individual who is not an employee or 
     contractor of the Administration.
       ``(F) Screening location; sterile area.--The terms 
     `screening location' and `sterile area' have the meanings 
     given those terms in section 1540.5 of title 49, Code of 
     Federal Regulations.
       ``(2) Prohibition on use of facial recognition 
     technology.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Administrator may not, for any purpose, use facial 
     recognition technology or facial matching software to 
     capture, collect, store, or otherwise process biometric 
     information with respect to any protected individual in any 
     airport.
       ``(B) Exception.--The Administrator may use facial 
     recognition technology or facial matching software to perform 
     identity verification of a protected individual at a 
     screening location if such protected individual--
       ``(i) is 18 years of age or older; and
       ``(ii) has opted into the use of facial recognition 
     technology or facial matching software for the purpose of 
     such identity verification prior to arriving at the airport.
       ``(C) Limitations.--In exercising the exception under 
     subparagraph (B), the Administrator--
       ``(i) may not--

       ``(I) share outside of the Administration any biometric 
     information collected through the use of facial recognition 
     technology or facial matching software;
       ``(II) store such biometric information for longer than is 
     necessary to complete identity verification of an individual, 
     and not more than 12 hours;
       ``(III) compare such biometric information against any 
     database of images; or
       ``(IV) expand the use of facial recognition technology or 
     facial matching software to any airport in which such 
     technology or software was not in use prior to the date of 
     the enactment of this subsection; and

       ``(ii) shall only use the facial image of a protected 
     individual collected through the use of facial recognition 
     technology or facial matching software as a comparison 
     against the photo identification document provided by such 
     protected individual.
       ``(D) Notification requirement.--The Administrator shall 
     notify protected individuals of ability to opt out of the use 
     of facial recognition technology or facial matching software 
     during identity verification.
       ``(E) Disposal of facial biometrics.--Not later than 90 
     days after the date of the enactment of this subsection, the 
     Administrator shall dispose of any facial biometric 
     information, including images and videos, obtained through 
     facial recognition technology or facial matching software and 
     collected or stored by the Administration prior to such date 
     of enactment that, if collected or stored on or after such 
     date of enactment, would be in violation of this subsection.
       ``(F) Report on use of facial recognition technology.--
       ``(i) In general.--Not later than 1 year after the date of 
     the enactment of this subsection, and annually thereafter, 
     the Administrator shall submit to Congress a report on the 
     use of facial recognition technology and facial matching 
     software by the Administration, which shall include--

       ``(I) the total number of identify verifications performed 
     using facial recognition technology or facial matching 
     software;
       ``(II) an assessment of the occurrence of false positive 
     and false negative facial identification matches of 
     individuals, disaggregated by age, race and ethnicity, and 
     sex;
       ``(III) a comparison of the number of false identification 
     documents detected at airports using facial recognition 
     technology or facial matching software at screening locations 
     and the number of such documents detected at airports not 
     using such technology or software; and
       ``(IV) a summary of the methodology and results of any 
     testing performed by the Administration in relation to the 
     efficacy of the use of facial recognition technology or 
     facial matching software by the Administration.

       ``(ii) Form.--A report submitted under clause (i) shall be 
     submitted in unclassified form but may include a classified 
     annex.''.
       (b) 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''.
       (c) 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''.

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