[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1691 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1691
To limit the use of facial recognition technology in airports, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 8, 2025
Mr. Merkley (for himself, Mr. Kennedy, Mr. Markey, Mr. Marshall, Mr.
Van Hollen, and Mr. Daines) introduced the following bill; which was
read twice and referred to the Committee on Commerce, Science, and
Transportation
_______________________________________________________________________
A BILL
To limit 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
2025''.
SEC. 2. LIMITATION ON USE OF FACIAL RECOGNITION TECHNOLOGY.
(a) In General .--Section 44901 of title 49, United States Code, is
amended by adding at the end the following new subsection:
``(m) Limitation on Use of Facial Recognition Technology.--
``(1) Definitions.--In this subsection:
``(A) 1:1 matching software.--The term `1:1
matching software' means a technology that compares a
real-time biometric to a photograph on a passenger's
identification document.
``(B) 1:n identification software.--The term `1:N
identification software' means a technology that
compares a real-time biometric collected from a
passenger to a biometric of the passenger already
accessible by the Department of Homeland Security.
``(C) Administration.--The term `Administration'
means the Transportation Security Administration.
``(D) Administrator.--The term `Administrator'
means the Administrator of the Transportation Security
Administration.
``(E) Affirmative express consent.--The term
`affirmative express consent' means an affirmative act
by a passenger that--
``(i) clearly communicates the
authorization of the passenger for an act or
practice;
``(ii) is provided in response to a notice
that meets the requirements of section 2(a)(2);
and
``(iii) is not--
``(I) acceptance of general or
broad terms of service or a similar
document; or
``(II) accomplished by entering an
airport security checkpoint or standing
in a line.
``(F) Airport.--The term `airport' has the meaning
given such term in section 47102.
``(G) Approved identification document.--The term
`approved identification document' means any document
identified by the Transportation Security
Administration as acceptable identification consistent
with applicable laws and regulations, including--
``(i) a State driver's license or other
photo identification card issued by a
department of motor vehicles of a State;
``(ii) an enhanced driver's license issued
by a State;
``(iii) a United States passport or
passport card;
``(iv) biometrically secure card issued by
a trusted traveler program of the Department of
Homeland Security, including--
``(I) Global Entry;
``(II) Nexus; and
``(III) Secure Electronic Network
for Travelers Rapid Inspection
(SENTRI);
``(v) an identification card issued by the
Department of Defense, including such a card
issued to a dependent;
``(vi) a permanent resident card;
``(vii) a border crossing card issued by
the Department of State;
``(viii) an acceptable photo identification
issued by a Federally recognized Indian Tribe,
including an Enhanced Tribal Card (ETC);
``(ix) a personal identity verification
credential issued in accordance with Homeland
Security Presidential Directive 12;
``(x) a passport issued by a foreign
government;
``(xi) a driver's license issued by a
province of Canada;
``(xii) a Secure Certificate of Indian
Status issued by the Government of Canada;
``(xiii) a transportation worker
identification credential (TWIC);
``(xiv) a United States Citizenship and
Immigration Services Employment Authorization
Card (I-766);
``(xv) a Merchant Mariner Credential issued
by the Coast Guard; and
``(xvi) a Veteran Health Identification
Card (VHIC) issued by the Department of
Veterans Affairs.
``(H) Biometric information.--The term `biometric
information' means any data that allows or confirms the
unique identification or verification of an individual
and is generated from the measurement or processing of
unique biological, physical, or physiological
characteristics, including--
``(i) fingerprints;
``(ii) voice prints;
``(iii) iris or retina imagery scans;
``(iv) facial or hand mapping, geometry, or
templates;
``(v) deoxyribonucleic acids (DNA); and
``(vi) gait.
``(I) Identity verification.--The term `identity
verification' means the confirmation of the identity of
a passenger before admittance to the sterile area of
the airport.
``(J) Passenger.--The term `passenger' means an
individual who is not an employee or contractor of the
Administration.
``(K) 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.
``(L) Trusted traveler program.--The term `Trusted
Traveler Program' means any of the following:
``(i) Global Entry.
``(ii) The PreCheck Program.
``(iii) SENTRI.
``(iv) NEXUS.
``(2) Privacy for passengers.--
``(A) In general.--Except as provided in
subparagraphs (B), (C), and (D) the Administrator may
not, for any purpose, capture, collect, store, or
otherwise process biometric information collected
through or for the use of facial recognition technology
or facial matching software with respect to a
passenger.
``(B) Use of technology for verification of
documents.--The Administrator may use technology to
process, capture, scan and receive data from an
identification document containing a photograph of a
passenger to access secure flight data, authenticate
the pre-screening status of a passenger, or verify the
accuracy of the identification document.
``(C) Technology for trusted traveler programs.--
The Administrator may use facial recognition or facial
matching technology to perform identity verification
solely at the screening location if the Administrator--
``(i) ensures that each passenger enrolling
in a Trusted Traveler Program is given clear
and conspicuous notice at the time of
enrollment and renewal of enrollment of how
biometric information of the passenger will be
used, processed, stored, shared, and deleted;
``(ii) provides each passenger enrolled in
a Trusted Traveler Program with the option to
opt-out of the use of facial recognition or
facial matching technology for identity
verification at the screening location;
``(iii) notifies each passenger enrolled in
a Trusted Traveler Program at the point of
identity verification and as the passenger
approaches the point of identity verification
of such opt-out option via simple and clear
signage, spoken announcements, and other
accessible and easy-to-understand
notifications;
``(iv) ensures equal ability for passengers
to choose either identification option;
``(v) does not subject passengers who
choose the opt-out option to discriminatory
treatment, additional screening requirements,
less favorable screening conditions, or other
unfavorable treatment; and
``(vi) for each passenger who chooses the
opt-out option, performs identity verification
using an approved identification document and
without collecting any biometric information
from such passenger.
``(D) Technology for general passengers.--
``(i) In general.--The Administrator shall
perform identity verification for passengers
not enrolled in a Trusted Traveler Program
using an approved identification document and
without collecting any biometric information
from such passengers.
``(ii) Authority to use facial matching.--
The Administrator may use facial recognition or
facial matching technology to perform identity
verification for passengers not enrolled in a
Trusted Traveler Program solely at the
screening location if the Administrator--
``(I) provides each passenger with
the option to opt-in to the use of
facial recognition or facial matching
technology for identity verification at
the screening location;
``(II) notifies each passenger at
the point of identity verification and
as the passenger approaches the point
of identity verification of such opt-in
option via simple and clear signage,
spoken announcements, and other
accessible and easy-to-understand
notifications;
``(III) ensures equal ability for
passengers to choose either
identification option;
``(IV) receives affirmative-express
consent from the passenger to use
facial recognition or facial matching
technology for identity verification
prior to each use of facial recognition
or facial matching technology with
respect to such passenger; and
``(V) does not subject passengers
who do not choose the opt-in option to
discriminatory treatment, additional
screening requirements, less favorable
screening conditions, or other
unfavorable treatment.''.
``(E) Notification guidelines.--A notification
provided in accordance with subparagraph (C)--
``(i) shall--
``(I) notify passengers of the
option described in subparagraph
(C)(ii) via simple and clear signage,
spoken announcements, and other
accessible and easy to understand
notifications;
``(II) describe the specific steps
passengers may take to exercise such
option;
``(III) notify passengers that an
election not to use facial recognition
technology or facial matching software
will not subject them to discriminatory
treatment, additional screening
requirements, less favorable screening
conditions, or other unfavorable
treatment solely as a result of that
election; and
``(IV) be properly placed across
relevant areas of the airport including
airline check-in areas, airport
security checkpoints, and airport gate
areas; and
``(ii) may not encourage passengers to
choose one method of identity verification over
another method.
``(F) Exception.--The option described in
subparagraph (D)(ii) does not apply with respect to a
passenger--
``(i) who does not provide an acceptable
form of identification at a security
checkpoint; and
``(ii) whose identity the Administrator may
need to verify through alternative measures to
enter the sterile area.
``(3) Data minimization of passengers.--Beginning on the
date that is 30 days after the date of the enactment of this
subsection, in processing biometric information collected
through the use of 1:1 matching software or 1:N identification
software with respect to a passenger, the Administrator--
``(A) may capture facial images only as directly
relevant and necessary to accomplish the identity
verification of the passenger; and
``(B) may not, except as provided in paragraph
(4)--
``(i) share outside of the Administration
any biometric information collected through the
use of facial recognition or facial matching
technology;
``(ii) store biometric information
collected through 1:1 matching software for
longer than is necessary to complete identity
verification of a passenger or through 1:N
identification software for longer than 24
hours after the scheduled flight departure time
of the passenger; or
``(iii) compare the image of a passenger
against anything other than the photo
identification document provided by the
passenger, except to the extent necessary to
operate a Trusted Traveler Program.
``(4) Exception for testing and evaluation.--The
Administrator may, for the purpose of testing and evaluation,
in a separate area from the general passenger screening area,
retain the captured facial image of a passenger undergoing
identity verification as a part of a Trusted Traveler Program
taken at a screening location so long as--
``(A) the screening location where the identity
verification is conducted and images are processed for
testing otherwise meets the requirements described in
paragraphs (2) and (3);
``(B) the Administrator gives notice to the
passenger in accordance with section 552a of title 5
(commonly referred to as the `Privacy Act of 1974')
regarding the storage, use, and sharing of biometric
information by the Administration;
``(C) the notice described in subparagraph (B)
provides clear and conspicuous notice to passengers at
the point of identity verification and as passengers
approach the point of identity verification of how
biometric data collected will be stored, used, shared,
or otherwise processed;
``(D) images collected, shared, stored, or
otherwise processed by the Administration, including
images collected prior to the date of enactment of this
subsection, are deleted not later than 90 days afte