[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1279 Introduced in House (IH)]

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.''.
    (b) Application.--
            (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.
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