S. 3361 — Introduced in Senate

II 118th CONGRESS 1st Session S. 3361 IN THE SENATE OF THE UNITED STATES November 29, 2023Mr. 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. 1. Short title This Act may be cited as the Traveler Privacy Protection Act of 2023. 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. 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. 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. 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.