In the nation¡¯s capital, federal lawmakers are wading into an increasingly heated debate about the future of airport technology.
Specifically, the United States Senate is weighing whether to limit the use of facial recognition in airports across the nation, and the hot-button issue is causing all sectors of the air travel industry to jump into the fray as well.
At the heart of the debate is a bipartisan bill first introduced by Senator Jeff Merkley (D-Oregon) in May 2025 called the Traveler Privacy Protection Act (S.1691). The bill would allow the TSA to continue to scan travelers¡¯ faces at checkpoints, but only if they opt in, and it would also limit use of the technology to verifying travelers¡¯ identities.
The legislation was scheduled for markup by the Senate Committee on Commerce, Science, and Transportation on July 30, but it was dramatically pulled from the agenda at the last minute after intense lobbying against the measure from travel industry groups.?
On the day before the markup, industry groups representing airlines, airports, and travel organizations sent a joint letter to the Commerce Committee discouraging support for the bill.
¡°The future of seamless and secure travel relies on the appropriate use of this technology to ensure security effectiveness and operational efficiency as daily travel volume continues to rise,¡± the letter said, according to The Hill. ¡°We are concerned that the vague and confusing exceptions to this blanket ban will have major consequences for the identity verification process, screening operations, and trusted traveler enrollment programs.¡±
Another letter from two major biometrics firms, the Security Industry Association and the International Biometrics Identity Association, was also sent to the committee the day before the bill¡¯s markup, sowing doubts that the measure could ¡°jeopardize¡± the TSA¡¯s use of facial recognition.
¡°It is also completely out of line with the Trump Administration¡¯s stated priorities for federal agencies to increasingly incorporate advanced technologies and limit unnecessary personnel costs,¡± the letter added.
Republican Lawmakers Push Back
Several Republican lawmakers on the committee, however, seem to be breaking ranks with the Trump administration over the bill¡ªand are even pointing fingers at the TSA for meddling. Earlier this week, Politico asked Sen. John Kennedy (R-La.), one of the bill¡¯s co-sponsors, whether the TSA had been raising concerns with the committee over the legislation.
¡°The short answer is yes; the long answer is hell yes,¡± Sen. Kennedy told Politico. ¡°They¡¯re working like an ugly stripper to kill this bill, which tells me we¡¯re doing the right thing.¡±
Another Republican senior senate aide reportedly told the outlet that the ¡°smears against [the] bill have TSA¡¯s fingerprints all over it.¡±?
The TSA currently allows travelers to opt out of facial recognition at the checkpoints, but the senators behind the bill say that option is not always made clear in airports. A recent survey by the Algorithmic Justice League shows that the majority of travelers aren¡¯t offered the opportunity to opt out of the scans.
¡°In the survey conducted by AJL of hundreds of travelers, 99 percent indicated that they were not told verbally by TSA officers of the opportunity to opt out,¡± the study says. ¡°Nearly three out of four respondents indicated that they did not receive a notice about the use of face scans.¡±?
Additionally, the TSA has indicated that it plans to eventually make the scans mandatory for all travelers, according to Sen. Merkley. The agency has been expanding the use of the biometric technology and plans to eventually deploy it at 430 airports across the nation.
¡°No one should be required to have their face scanned to travel, and no government should have the power of a national surveillance system at its fingertips,¡± Sen. Merkley said. ¡°Our Traveler Privacy Protection Act would preserve passengers¡¯ right to use an approved document¡ªlike a driver¡¯s license¡ªto travel by air. In addition, it would require signage to inform passengers of that right and protect the data collected from abuse.¡±
For its part, the TSA says that it doesn¡¯t save or store travelers¡¯ photos after a positive ID is made. ¡°TSA policy requires that [security officers] show each traveler respect and ensure their privacy is protected,¡± the agency says on its website. ¡°Travelers who do not wish to participate in the facial comparison technology process may decline the optional photo, without recourse, in favor of an alternative identity verification process, which does not use facial comparison technology to verify their identity. This action will not take longer and travelers will not lose their place in line for security screening. TSA is committed to protecting traveler privacy, civil rights, civil liberties and ensuring the public¡¯s trust as it seeks to improve the traveler experience through its exploration of identity verification technologies.¡±
More Groups Support Legislation?
Other travel and privacy groups have been more supportive of the legislation. In a joint letter sent to the Commerce Committee on July 29, the ACLU and the Electronic Privacy Information Center (EPIC) noted that one of the bill¡¯s purposes is to preserve the current norms around facial recognition.
¡°The bill would largely codify and improve upon current practices that TSA has already implemented in airports around the country,¡± the letter stated. ¡°The codification would ensure that safeguards are established in law and prevent future administrations from changing those practices or repurposing our data.¡±
The group refuted the claim that the bill would ¡°jeopardize¡± the use of biometric scans or instate a ¡°blanket ban¡± on the technology. They also reiterated that it won¡¯t prevent the use of facial recognition for identity verification. ¡°[A]ny benefits that the technology brings to travelers would continue to be available,¡± the ACLU and EPIC letter stated.?
Many travelers are indeed growing used to using facial scans to get through the airport. A survey conducted in May 2025 by the travel app Tripit showed that 69% of travelers are somewhat or very comfortable with the use of facial recognition technology.
After the bill was pulled from the Commerce Committee agenda, the group¡¯s chairman, Senator Ted Cruz (R-Texas), said the senators wanted more time to consider the flood of information around the legislation. ¡°My understanding is that some members want additional information about the bill, so we¡¯ll keep working on it later,¡± he said in the committee meeting, according to Politico Pro.?
Cruz also said that the committee does plan to eventually markup the bill, which is a precursor to sending it to the full Senate for consideration. But it¡¯s not yet clear when the legislation might be added to the committee¡¯s docket again.
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