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Limits how facial recognition technology can be used in aviation security by adding new restrictions to the federal aviation security statute (49 U.S.C. 44901). It changes existing law to constrain or clarify when and how facial recognition may be deployed at airports, for travelers, or by the Transportation Security Administration and related entities. The change will affect passengers, airport operators, airlines, federal security personnel, and private vendors who supply or operate biometric systems. It is mainly a privacy- and civil‑liberties-focused amendment with operational and compliance implications for airport screening and security programs.
Add a new subsection to Section 44901 of title 49, United States Code (the text to be added is not shown in this excerpt).
Amend the Aviation and Transportation Security Act by inserting additional text into section 109(a)(7) (the excerpt shows the location of the insertion but not the inserted text).
Amend the Aviation and Transportation Security Act by inserting additional text into section 137(d)(3) (location shown; inserted text not included in excerpt).
Amend 49 U.S.C. 44903 by inserting additional text into subsection (c)(3) (insertion location shown; inserted text not included in excerpt).
Amend 49 U.S.C. 44903 by inserting additional text into subsection (g)(2)(G) (insertion location shown; inserted text not included in excerpt).
Who is affected and how:
Airline passengers / air travel consumers: Most directly affected; passengers could see fewer or different biometric checks, changes in screening lines, new signage, or requests for explicit consent depending on how agencies implement the limits. Passengers’ biometric data collection, retention, and use practices may be reduced or more tightly controlled.
Department of Homeland Security / TSA personnel and contractors: Agencies that run airport security programs will need to interpret the new statute, change standard operating procedures, issue new guidance, and potentially modify training. Contractors operating or supporting facial-recognition systems may need to alter system settings, data flows, or provide different services.
Airport sponsors and air carriers: Airports and airlines that integrated facial recognition for boarding, identity verification, or security will need to assess compatibility with the new legal limits, modify operations, update contracts with vendors, and possibly deploy alternative identity-checking methods.
Facial recognition technology vendors and integrators (industry): Vendors may lose customers or face new contractual requirements, privacy auditing, or certification demands. They may need to redesign systems to provide more privacy protections, limit use cases, or add data-retention and access controls.
Civil liberties and privacy advocates: Likely to view the legislation as supportive of privacy protections for travelers; they may push for strict enforcement and clearer regulatory detail.
Overall effects:
Operational impact: Possible delays or changes to screening workflows while agencies and airports transition to compliant procedures. Some automated identity-verification uses could be curtailed or require explicit conditions.
Compliance cost: Airports, carriers, and vendors may incur costs for technology changes, policy updates, training, and legal review.
Security trade-offs: Limiting facial recognition could reduce some automated identity-matching capabilities used for threat detection but could increase public trust and reduce privacy/legal risk.
Legal and regulatory follow-on: Expect agency guidance, potential rulemaking, and contractual renegotiations to implement the statutory limits.
Adds a new subsection at the end of 49 U.S.C. 44901 (text of the new subsection not included in the provided section).
Modifies the Aviation and Transportation Security Act (section 109(a)(7) as codified at 49 U.S.C. 114) by inserting additional text at the indicated location (the exact inserted text is not provided in the section).
Amends section 137(d)(3) of the Aviation and Transportation Security Act (codified at 49 U.S.C. 44912) by inserting additional text at the indicated location (exact insertion not provided).
Amends 49 U.S.C. 44903 by inserting additional text into subsection (c)(3), subsection (g)(2)(G), and subsection (h)(4)(E) at the indicated locations (exact insertions not provided).
Expand sections to see detailed analysis
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Introduced May 8, 2025 by Jeff Merkley · Last progress May 8, 2025
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Introduced in Senate