Traveler Privacy Protection Act of 2025
Sponsored By: Senator Sen. Merkley, Jeff [D-OR]
Introduced
Summary
Limits airport facial recognition and strengthens passenger privacy. This bill would add a new rule to federal law that narrows when and how the Transportation Security Administration can use facial recognition at airports. It would require consent, tight data limits, clear notices, and regular oversight to protect travelers.
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- Passengers: Biometric capture, storage, or processing would be prohibited except for limited uses. General passengers could opt in at the screening location only after giving affirmative express consent, and anyone who opts out must be verified using an approved ID without biometric collection. Biometric data for broad 1:N checks could be kept no longer than 24 hours after a scheduled flight.
- Trusted Traveler enrollees: The bill would allow facial recognition for identity verification of enrolled travelers but only with clear notice at enrollment and renewal, an opt-out option, equal treatment for opt-outs, and limits on how biometric data is used for testing. Images collected before enactment must be deleted within 90 days.
- TSA and oversight: The bill would ban passive surveillance, tracking, profiling, and targeted use of biometrics outside screening locations. It would require the Government Accountability Office to produce a baseline study within 1 year and annual reports on effectiveness, costs, error rates, and bias disaggregated by age, race, ethnicity, and sex.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 2 benefits, 0 costs, 2 mixed.
New passenger biometric privacy limits
If enacted, TSA would be banned from collecting or storing passengers' biometric images from facial-recognition systems except narrow, listed exceptions. The bill would require TSA to delete previously held biometric data within 90 days when that data would be banned. New rules would limit new biometric captures: one-to-one checks kept only as long as needed and one-to-many matches deleted within 24 hours after a passenger's scheduled flight. The bill also adds clear definitions of biometric terms and says other TSA authorities must follow these same limits.
Annual GAO study of face-matching
If enacted, the Comptroller General would study TSA use of one-to-one and one-to-many face-matching and report to Congress within one year and then every year. Reports must assess security, passenger experience, and costs, report false positive and negative rates, study bias by age, race, ethnicity, and sex, and protect personal data. Reports would be unclassified with a possible classified annex.
New ID scan and opt-in rules
If enacted, the bill would require clear notices and choices for identity checks at airports. Trusted Traveler enrollees would get clear notice at enrollment and an opt-out to avoid facial recognition, and those who opt out must be checked by an approved ID without collecting biometrics. For other passengers, identity checks would default to an approved ID without biometrics, and facial recognition could be used only if the passenger gives affirmative express consent before each use. TSA would also be allowed to scan the photo on your ID to check secure-flight or prescreening status.
Temporary Trusted Traveler testing exception
If enacted, TSA could retain face images in separate testing areas for Trusted Traveler identity checks for testing and evaluation. Testing sites must give clear notice, follow privacy rules, and delete test images no later than 90 days after collection. Test images may be used only to evaluate the matching software.
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Sponsors & CoSponsors
Sponsor
Sen. Merkley, Jeff [D-OR]
OR • D
Cosponsors
Sen. Kennedy, John [R-LA]
LA • R
Sponsored 5/8/2025
Sen. Markey, Edward J. [D-MA]
MA • D
Sponsored 5/8/2025
Sen. Marshall, Roger [R-KS]
KS • R
Sponsored 5/8/2025
Chris Van Hollen
MD • D
Sponsored 5/8/2025
Steve Daines
MT • R
Sponsored 5/8/2025
Roll Call Votes
No roll call votes available for this bill.
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