II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Traveler Privacy Pro5 tection Act of 2023’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ADMINISTRATION.—The term ‘‘Administra2 tion’’ means the Transportation Security Adminis3 tration. 

4 (2) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the Transpor6 tation Security Administration. 

7 (3) AIRPORT.—The term ‘‘airport’’ has the 

8 meaning given such term in section 47102 of title 

9 49, United States Code. 

10 SEC. 3. PROHIBITION ON USE OF FACIAL RECOGNITION 

11 TECHNOLOGY. 

12 (a) IN GENERAL.—The Administrator may not, for 

13 any purpose, use facial recognition technology or facial 

14 matching software in any airport unless such use is ex15 pressly authorized by an Act of Congress enacted after 

16 the date of the enactment of this Act. 

17 (b) DISPOSAL OF FACIAL BIOMETRICS.—Not later 

18 than 90 days after the date of the enactment of this Act, 

19 the Administrator shall dispose of any facial biometric in20 formation, including images and videos, obtained through 

21 facial recognition technology or facial matching software 

22 of the Administration. 


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1 SEC. 4. AMENDMENTS TO AVIATION AND TRANSPORTATION 

2 SECURITY ACT. 

3 The Aviation and Transportation Security Act (Pub4 lic Law 107–71; 115 Stat. 597) is amended— 

5 (1) in section 109 (49 U.S.C. 114 note)— 

6 (A) in paragraph 6, by inserting ‘‘, exclud7 ing facial recognition technology or facial 

8 matching software’’ after ‘‘imprints’’; and 

9 (B) in paragraph 7, by inserting ‘‘, exclud10 ing facial recognition technology or facial 

11 matching software,’’ after ‘‘technologies’’; and 

12 (2) in section 137(d)(3) (49 U.S.C. 44912 

13 note), by inserting ‘‘, excluding facial recognition 

14 technology or facial matching software,’’ after ‘‘bio15 metrics’’. 

16 SEC. 5. ADDITIONAL MODIFICATIONS WITH RESPECT TO 

17 AIR TRANSPORTATION SECURITY. 

18 Section 44903 of title 49, United States Code, is 

19 amended— 

20 (1) in subsection (c)(3), by inserting ‘‘, exclud21 ing facial recognition technology or facial matching 

22 software,’’ after ‘‘other technology’’; 

23 (2) in subsection (g)(2)(G), by inserting ‘‘, ex24 cluding facial recognition technology or facial match25 ing software,’’ after ‘‘technologies’’; and 


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1 (3) in subsection (h)(4)(E), by inserting ‘‘, ex2 cluding facial recognition technology or facial match3 ing software,’’ after ‘‘technology’’. 

Æ 


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