[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2044 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2044

   To require the Under Secretary for Science and Technology in the 
    Department of Homeland Security to contract with an independent 
 laboratory to study the health effects of backscatter x-ray machines 
  used at airline checkpoints operated by the Transportation Security 
   Administration and provide improved notice to airline passengers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 31, 2012

 Ms. Collins (for herself, Mr. Brown of Massachusetts, Mr. Akaka, Mr. 
 Coburn, Mr. Levin, and Mr. Kyl) introduced the following bill; which 
was read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
   To require the Under Secretary for Science and Technology in the 
    Department of Homeland Security to contract with an independent 
 laboratory to study the health effects of backscatter x-ray machines 
  used at airline checkpoints operated by the Transportation Security 
   Administration and provide improved notice to airline passengers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. STUDY OF HEALTH EFFECTS OF BACKSCATTER X-RAY MACHINES.

    (a) In General.--The Under Secretary for Science and Technology in 
the Department of Homeland Security shall provide for the conduct of an 
independent study of the effects on human health caused by the use of 
backscatter x-ray machines at airline checkpoints operated by the 
Transportation Security Administration.
    (b) Requirements for Study.--
            (1) Conduct.--The study required under subsection (a) shall 
        be--
                    (A) initiated not later than 90 days after the date 
                of the enactment of this Act;
                    (B) conducted by an independent laboratory selected 
                by the Under Secretary, in consultation with the 
                National Science Foundation, from among laboratories 
                with expertise in the conduct of similar studies; and
                    (C) to the maximum extent practicable, consistent 
                with standard evaluations of radiological medical 
                equipment.
            (2) Testing equipment.--In conducting the study, the 
        laboratory shall, to the maximum extent practicable--
                    (A) use calibration testing equipment developed by 
                the laboratory for purposes of study; and
                    (B) use commercially available calibration testing 
                equipment as a control.
            (3) Elements.--In conducting the study, the laboratory 
        shall, to the maximum extent practicable and consistent with 
        recognized protocols for independent scientific testing--
                    (A) dismantle and evaluate one or more backscatter 
                x-ray machine used at airline checkpoints operated by 
                the Transportation Security Administration in order to 
                determine--
                            (i) the placement of testing equipment so 
                        that radiation emission readings during the 
                        testing of such machines are as accurate as 
                        possible; and
                            (ii) how best to measure the dose emitted 
                        per scan;
                    (B) determine the failure rates and effects of use 
                of such machines;
                    (C) include the use of alternative testing methods 
                in the determination of levels of radiation exposure 
                (such as an examination of enzyme levels after x-ray 
                exposure to determine if there is a biological response 
                to cellular damage caused by such an exposure);
                    (D) assess the fail-safe mechanisms of such 
                machines in order to determine the optimal operating 
                efficacy of such machines;
                    (E) ensure that any tests performed are replicable;
                    (F) obtain peer review of any tests performed; and
                    (G) meet such other requirements as the Under 
                Secretary shall specify for purposes of the study.
            (4) Report.--
                    (A) Evaluation.--The Under Secretary shall provide 
                for an independent panel, in consultation with the 
                National Science Foundation, with expertise in 
                conducting similar evaluations, to evaluate the data 
                collected under the study to assess the health risks 
                posed by backscatter x-ray machines to individuals and 
                groups of people screened or affected by such machines, 
                including--
                            (i) frequent air travelers;
                            (ii) employees of the Transportation 
                        Security Administration;
                            (iii) flight crews;
                            (iv) other individuals who work at an 
                        airport; and
                            (v) individuals with greater sensitivity to 
                        radiation, such as children, pregnant women, 
                        the elderly, and cancer patients.
                    (B) Considerations.--In conducting the evaluation 
                under subparagraph (A), the panel shall--
                            (i) conduct a literature review of relevant 
                        clinical and academic literature; and
                            (ii) consider the risk of backscatter x-ray 
                        technology from a public health perspective in 
                        addition to the individual risk to each airline 
                        passenger.
                    (C) Reports.--
                            (i) Progress reports.--Not later than 90 
                        days after the date of the enactment of this 
                        Act, and periodically thereafter until the 
                        final report is submitted pursuant to clause 
                        (ii), the Under Secretary shall submit a report 
                        to Congress that contains the preliminary 
                        findings of the study conducted under this 
                        subsection.
                            (ii) Final report.--Not later than 90 days 
                        after the date on which the panel completes the 
                        evaluation required under this paragraph, the 
                        Under Secretary shall submit a report to 
                        Congress that contains the result of the study 
                        and evaluation conducted under this subsection.

SEC. 2. SIGNAGE REQUIREMENT RELATING TO BACKSCATTER X-RAY MACHINES.

    The Administrator of the Transportation Security Administration 
shall ensure that large, easily readable signs or equivalent electronic 
displays are placed at the front of airline passenger check point 
queues where backscatter advanced imaging technology machines are used 
for screening to inform airline passengers, particularly passengers who 
may be sensitive to radiation exposure, that they may request to 
undergo alternative screening procedures instead of passing through a 
backscatter x-ray machine.
                                 <all>