S.Amdt. 1822

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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