HR 1279
112th CONGRESS
1st Session
H. R. 1279
To amend title 49, United States Code, to establish limitations on
the use of advanced imaging technology for aircraft passenger screening, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 31, 2011
Mr. CHAFFETZ (for himself and Mr. HOLT) introduced the following bill; which
was referred to the Committee on Homeland Security, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To amend title 49, United States Code, to establish limitations on
the use of advanced imaging technology for aircraft passenger screening, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Aircraft Passenger Whole-Body Imaging Limitations
Act of 2011'.
SEC. 2. LIMITATIONS ON USE OF ADVANCED IMAGING TECHNOLOGY AND ENHANCED PAT-DOWN
SEARCHES FOR AIRCRAFT PASSENGER SCREENING.
Section 44901 of title 49, United States Code, is amended by adding at the
end the following:
`(l) Limitations on Use of Advanced Imaging Technology and Enhanced Pat-Down
Searches for Screening Passengers-
`(1) IN GENERAL- The Assistant Secretary of Homeland Security (Transportation
Security Administration) shall ensure that advanced imaging technology is
used for the screening of passengers under this section only in accordance
with this subsection.
`(2) ADVANCED IMAGING TECHNOLOGY- Advanced imaging technology may not be
used as a method of screening a passenger under this section unless--
`(A) the National Academy of Sciences determines that the technology poses
no threat to public health;
`(B) the technology is equipped with a privacy filter or other privacy-protecting
technology; and
`(C) another method of screening, such as metal detection, explosive trace
detection, or behavioral profiling, demonstrates reasonable cause for
utilizing advanced imaging technology to detect a possible threat to aviation
security.
`(3) ENHANCED PAT-DOWN SEARCHES- An enhanced pat-down search may not be
used as a method of screening a passenger under this section unless another
method of screening, such as metal detection, explosive trace detection,
behavioral profiling, or use of advanced imaging technology in accordance
with paragraph (2), demonstrates reasonable cause for utilizing advanced
imaging technology to detect a possible threat to aviation security.
`(4) PROVISION OF INFORMATION- A passenger for whom screening by advanced
imaging technology is permissible under paragraph (2) shall be provided,
prior to the utilization of such technology with respect to such passenger,
information on--
`(A) the operation of such technology;
`(B) the image generated by such technology;
`(C) privacy policies relating to such technology; and
`(D) the right to request an advanced pat-down search under paragraph
(5).
`(5) PAT-DOWN SEARCH OPTION- A passenger for whom screening by advanced
imaging technology is permissible under paragraph (2) shall be offered an
advanced pat-down search in lieu of such screening.
`(6) PROHIBITION ON USE OF IMAGES- An image of a passenger generated by
advanced imaging technology may not be stored, transferred, shared, or copied
in any form after the boarding determination with respect to such passenger
is made.
`(7) REPORT- Not later than one year after the date of enactment of the
Aircraft Passenger Whole-Body Imaging Limitations Act of 2011, and annually
thereafter, the Assistant Secretary shall submit to Congress a report containing
information on--
`(A) the implementation of this subsection;
`(B) the number of passengers for whom screening by advanced imaging technology
was permissible under paragraph (2) as a percentage of all screened passengers;
`(C) the number of passengers who chose an advanced pat-down search when
presented the offer under paragraph (5) as a percentage of all passengers
presented such offer;
`(D) privacy protection measures taken with respect to advanced imaging
technology;
`(E) privacy violations that occurred with respect to such technology;
and
`(F) the effectiveness and safety of such technology.
`(8) ADVANCED IMAGING TECHNOLOGY- The term `advanced imaging technology'
means a device, including a device using backscatter x-rays or millimeter
waves, used to detect objects carried on individuals and that creates a
visual image of the individual's full body, showing the surface of the skin
and revealing objects that are on the body.'.
SEC. 3. PENALTY RELATING TO VIOLATION OF PROHIBITION ON IMAGE STORING.
(a) In General- Chapter 93 of title 18, United States Code, is amended by
adding at the end the following:
`Sec. 1925. Misuse of certain images relating to aircraft passenger screening
`Whoever, being an officer or employee of the United States, knowingly stores,
transfers, shares, or copies an image in violation of section 44901(l)(6)
of title 49, United States Code, shall be fined under this title.'.
(b) Clerical Amendment- The table of sections at the beginning of chapter
93 of title 18, United States Code, is amended by adding at the end the following:
`1925. Misuse of certain images relating to aircraft passenger screening.'.
SEC. 4. PERFORMANCE MEASURES AND COST-BENEFIT ANALYSIS REQUIREMENTS.
(a) In General- Section 44901 of title 49, United States Code, is further
amended by adding at the end the following:
`(m) Performance Measure and Cost-Benefit Analysis Requirements-
`(1) IN GENERAL- The Secretary may not use any security technology or methodology
for screening under this section unless the Secretary has--
`(A) established quantifiable and validated performance measures to determine
if the technology or methodology is cost effective, reliable, and safe,
and demonstrated that the technology or methodology satisfies those measures;
`(B) performed a full assessment of the costs and benefits of such technology
or methodology; and
`(C) determined that there is no other equally effective and less invasive
technology or methodology that satisfies those standards.
`(2) EMERGENCY EXCEPTION- Paragraph (1) shall not apply with respect to
use of a technology or methodology to address a temporary emergency determined
by the Secretary.'.
(1) IN GENERAL- Except as provided in paragraph (2), the amendment made
by subsection (a) shall apply with respect to any use of a security technology
or methodology after the date of enactment of this Act.
(2) ADVANCED IMAGING TECHNOLOGY AND PAT-DOWN SEARCHES- The amendment made
by subsection (a) shall apply with respect to any use of advanced imaging
technology or pat-down search (as those terms are used in section 44901(l)
of title 49, United States Code, as amended by this section) for the screening
of passengers, beginning upon the end of the 12-month period beginning on
the date of the enactment of this Act.
SEC. 5. EFFECTIVE DATE.
Sections 2 and 3 of this Act shall take effect on the date that is 30 days
after the date of enactment of this Act.
END
