,,ii #aaith ,,congress #ast ,session ,s4 #afia ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #h1 #bjbe,mr4 ,merkley 7for himself1 ,mr4 ,kennedy1 ,mr4 ,markey1 ,mr4 ,marshall1 ,mr4 ,van ,hollen1 and ,mr4 ,daines7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to limit the use of facial recognition technology in airports1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,traveler ,privacy ,protection ,act of #bjbe4 #b4 ,limitation on use of facial recognition technology 7a7 ,in general ,section #ddija of title #di1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7m7 ,limitation on use of facial recognition technology 7#a7 ,definitions ,in this subsection3 7,a7 #a3a matching software ,the term #a3a matching software means a technology that compares a real-time biometric to a photograph on a passenger's identification document4 7,b7 #a3,n identification software ,the term #a3,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 ,security4 7,c7 ,administration ,the term ,administration means the ,transportation ,security ,administration4 7,d7 ,administrator ,the term ,administrator means the ,administrator of the ,transportation ,security ,administration4 7,e7 ,affirmative express consent ,the term affirmative express consent means an affirmative act by a passenger that-- 7i7 clearly communicates the authorization of the passenger for an act or practice2 7ii7 is provided in response to a notice that meets the requirements of section #b7;a77#b72 and 7iii7 is not-- 7,i7 acceptance of general or broad terms of service or a similar document2 or 7,,ii7 accomplished by entering an airport security checkpoint or standing in a line4 7,f7 ,airport ,the term airport has the meaning given such term in section #dgajb4 7,g7 ,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 regulations1 including-- 7i7 a ,state driver's license or other photo identification card issued by a department of motor vehicles of a ,state2 7ii7 an enhanced driver's license issued by a ,state2 7iii7 a ,united ,states passport or passport card2 7iv7 biometrically secure card issued by a trusted traveler program of the ,department of ,homeland ,security1 including-- 7,i7 ,global ,entry2 7,,ii7 ,nexus2 and 7,,iii7 ,secure ,electronic ,network for ,travelers ,rapid ,inspection 7,,sentri72 7v7 an identification card issued by the ,department of ,defense1 including such a card issued to a dependent2 7vi7 a permanent resident card2 7vii7 a border crossing card issued by the ,department of ,state2 7viii7 an acceptable photo identification issued by a ,federally recognized ,indian ,tribe1 including an ,enhanced ,tribal ,card 7,,etc72 7ix7 a personal identity verification credential issued in accordance with ,homeland ,security ,presidential ,directive #ab2 7x7 a passport issued by a foreign government2 7xi7 a driver's license issued by a province of ,canada2 7xii7 a ,secure ,certificate of ,indian ,status issued by the ,government of ,canada2 7xiii7 a transportation worker identification credential 7,,twic72 7xiv7 a ,united ,states ,citizenship and ,immigration ,services ,employment ,authorization ,card 7,i-#gff72 7xv7 a ,merchant ,mariner ,credential issued by the ,coast ,guard2 and 7xvi7 a ,veteran ,health ,identification ,card 7,,vhic7 issued by the ,department of ,veterans ,affairs4 7,h7 ,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 biological1 physical1 or physiological characteristics1 including-- 7i7 fingerprints2 7ii7 voice prints2 7iii7 iris or retina imagery scans2 7iv7 facial or hand mapping1 geometry1 or templates2 7v7 deoxyribonucleic acids 7,,dna72 and 7vi7 gait4 7,i7 ,identity verification ,the term identity verification means the confirmation of the identity of a passenger before admittance to the sterile area of the airport4 7,j7 ,passenger ,the term passenger means an individual who is not an employee or contractor of the ,administration4 7,k7 ,screening location2 sterile area ,the terms screening location and sterile area have the meanings given those terms in section #aedj4e of title #di1 ,code of ,federal ,regulations4 7,l7 ,trusted ,traveler ,program ,the term ,trusted ,traveler ,program means any of the following3 7i7 ,global ,entry4 7ii7 ,the ,pre,check ,program4 7iii7 ,,sentri4 7iv7 ,,nexus4 7#b7 ,privacy for passengers 7,a7 ,in general ,except as provided in subparagraphs 7,b71 7,c71 and 7,d7 the ,administrator may not1 for any purpose1 capture1 collect1 store1 or otherwise process biometric information collected through or for the use of facial recognition technology or facial matching software with respect to a passenger4 7,b7 ,use of technology for verification of documents ,the ,administrator may use technology to process1 capture1 scan and receive data from an identification document containing a photograph of a passenger to access secure flight data1 authenticate the pre-screening status of a passenger1 or verify the accuracy of the identification document4 7,c7 ,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-- 7i7 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 used1 processed1 stored1 shared1 and deleted2 7ii7 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 location2 7iii7 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 signage1 spoken announcements1 and other accessible and easy-to-understand notifications2 7iv7 ensures equal ability for passengers to choose either identification option2 7v7 does not subject passengers who choose the opt-out option to discriminatory treatment1 additional screening requirements1 less favorable screening conditions1 or other unfavorable treatment2 and 7vi7 for each passenger who chooses the opt-out option1 performs identity verification using an approved identification document and without collecting any biometric information from such passenger4 7,d7 ,technology for general passengers 7i7 ,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 passengers4 7ii7 ,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-- 7,i7 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 location2 7,,ii7 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 signage1 spoken announcements1 and other accessible and easy-to-understand notifications2 7,,iii7 ensures equal ability for passengers to choose either identification option2 7,,iv7 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 passenger2 and 7,v7 does not subject passengers who do not choose the opt-in option to discriminatory treatment1 additional screening requirements1 less favorable screening conditions1 or other unfavorable treatment4 4 7,e7 ,notification guidelines ,a notification provided in accordance with subparagraph 7,c7-- 7i7 shall-- 7,i7 notify passengers of the option described in subparagraph 7,c77ii7 via simple and clear signage1 spoken announcements1 and other accessible and easy to understand notifications2 7,,ii7 describe the specific steps passengers may take to exercise such option2 7,,iii7 notify passengers that an election not to use facial recognition technology or facial matching software will not subject them to discriminatory treatment1 additional screening requirements1 less favorable screening conditions1 or other unfavorable treatment solely as a result of that election2 and 7,,iv7 be properly placed across relevant areas of the airport including airline check-in areas1 airport security checkpoints1 and airport gate areas2 and 7ii7 may not encourage passengers to choose one method of identity verification over another method4 7,f7 ,exception ,the option described in subparagraph 7,d77ii7 does not apply with respect to a passenger-- 7i7 who does not provide an acceptable form of identification at a security checkpoint2 and 7ii7 whose identity the ,administrator may need to verify through alternative measures to enter the sterile area4 7#c7 ,data minimization of passengers ,beginning on the date that is #cj days after the date of the enactment of this subsection1 in processing biometric information collected through the use of #a3a matching software or #a3,n identification software with respect to a passenger1 the ,administrator-- 7,a7 may capture facial images only as directly relevant and necessary to accomplish the identity verification of the passenger2 and 7,b7 may not1 except as provided in paragraph 7#d7-- 7i7 share outside of the ,administration any biometric information collected through the use of facial recognition or facial matching technology2 7ii7 store biometric information collected through #a3a matching software for longer than is necessary to complete identity verification of a passenger or through #a3,n identification software for longer than #bd hours after the scheduled flight departure time of the passenger2 or 7iii7 compare the image of a passenger against anything other than the photo identification document provided by the passenger1 except to the extent necessary to operate a ,trusted ,traveler ,program4 7#d7 ,exception for testing and evaluation ,the ,administrator may1 for the purpose of testing and evaluation1 in a separate area from the general passenger screening area1 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-- 7,a7 the screening location where the identity verification is conducted and images are processed for testing otherwise meets the requirements described in paragraphs 7#b7 and 7#c72 7,b7 the ,administrator gives notice to the passenger in accordance with section #eeb;a of title #e 7commonly referred to as the ,privacy ,act of #aigd7 regarding the storage1 use1 and sharing of biometric information by the ,administration2 7,c7 the notice described in subparagraph 7,b7 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 stored1 used1 shared1 or otherwise processed2 7,d7 images collected1 shared1 stored1 or otherwise processed by the ,administration1 including images collected prior to the date of enactment of this subsection1 are deleted not later than #ij days after collection2 and 7,e7 captured facial images are not used for any purpose other than to test and evaluate the #a3a matching software or #a3,n identification software used by the ,administration4 7#e7 ,disposal of facial biometrics ,not later than #ij days after the date of the enactment of this subsection1 the ,administrator shall dispose of any biometric information1 including images and videos1 collected1 or stored by the ,administration prior to such date of enactment that1 if collected or stored on or after such date of enactment1 would violate this subsection4 7#f7 ,prohibition on passive surveillance ,under no circumstances may the ,administrator use facial recognition technology or facial matching software to track or identify passengers outside of the screening location1 or to profile1 target1 or discriminate against any passenger solely for exercising their ,constitutional rights or to enable systemic1 indiscriminate1 or wide-scale monitoring1 surveillance1 or tracking4 7#g7 ,,gao report on use of facial recognition technology 7,a7 ,in general ,not later than #a year after the date of the enactment of this subsection1 and annually thereafter1 the ,comptroller ,general of the ,united ,states shall study the use of #a3a matching software and #a3,n identification software by the ,administration1 and submit to ,congress a report that includes-- 7i7 an assessment of the effectiveness of the use by the ,administration of #a3a matching software and #a3,n identification software-- 7,i7 to strengthen security2 7,,ii7 to improve the experiences of passengers and air carrier1 airport1 and ,administration employees at airports2 and 7,,iii7 to manage the costs of security screening2 7ii7 an assessment of false positive and false negative facial identification matches to identification documents detected at airports using #a3a matching software and #a3,n identification software at screening locations and at airports not using such technology or software2 7iii7 a summary of the methodology and results of any testing performed by the ,comptroller ,general in relation to the efficacy of the use of #a3a matching software and #a3,n identification software by the ,administration1 including any research on bias1 disaggregated by age1 race1 ethnicity to the extent practicable1 and sex1 the different technologies used by the ,administration1 and efforts to minimize the bias in operations of the ,administration2 and 7iv7 recommendations to protect passenger privacy1 civil rights1 and civil liberty interests4 7,b7 ,form ,a report submitted under subparagraph 7,a7 shall be submitted in unclassified form but may include a classified annex4 7,c7 ,rule of construction2 protection of personal information ,nothing in this paragraph shall be construed to authorize or require the unauthorized disclosure of the personal information of passengers1 and the report required by this paragraph shall be released in a manner that protects personal information from unauthorized use or unauthorized disclosure4 4 7b7 ,amendments to aviation and transportation security act ,the ,aviation and ,transportation ,security ,act 7,public ,law #ajg-ga2 #aae ,stat4 #eig7 is amended-- 7#a7 in section #aji7;a77#g7 7#di ,u4,s4,c4 #aad note7 by inserting 1 subject to the restrictions of section #ddija7n7 of title #di1 ,united ,states ,code1 after technologies2 and 7#b7 in section #acg7;d77#c7 7#di ,u4,s4,c4 #ddiab note71 by inserting 1 subject to the restrictions of section #ddija7n7 of title #di1 ,united ,states ,code1 after biometrics4 7c7 ,additional modifications with respect to air transportation security ,section #ddijc of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c77#c71 by inserting 1 subject to the restrictions of section #ddija7n71 after other technology2 7#b7 in subsection 7g77#b77;,g71 by inserting 1 subject to the restrictions of section #ddija7n71 after technologies2 and 7#c7 in subsection 7h77#d77;,e71 by inserting 1 subject to the restrictions of section #ddija7n71 after technology4