[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3302 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 3302
To establish an air travelers' bill of rights, to implement those
rights, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 14, 2012
Mr. Paul introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To establish an air travelers' bill of rights, to implement those
rights, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Air Travelers'
Bill of Rights Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Establishment of air travelers' bill of rights.
Sec. 4. Mandatory approval of applications under screening partnership
program.
Sec. 5. Expansion of PreCheck program.
Sec. 6. Availability of canine teams for screening.
Sec. 7. Prohibition on use of random computer-generated screening.
Sec. 8. Limitations on screening using pat-downs.
Sec. 9. Prevention of humiliating searches.
Sec. 10. Liability of manufacturers of advanced imaging technology.
Sec. 11. Implementation of additional elements of air travelers' bill
of rights.
Sec. 12. Passenger Privacy Protection Award.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advanced imaging technology.--The term ``advanced
imaging technology'' has the meaning given that term in section
44901(l) of title 49, United States Code.
(2) Air transportation.--The term ``air transportation''
means air transportation and intrastate air transportation (as
those terms are defined in section 40102 of title 49, United
States Code).
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce,
Science, and Transportation of the Senate; and
(B) the Committee on Homeland Security and the
Committee on Transportation and Infrastructure of the
House of Representatives.
(4) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Homeland Security
(Transportation Security Administration).
(5) Commercial service airport; primary airport.--The terms
``commercial service airport'' and ``primary airport'' have the
meanings given those terms in section 47102 of title 49, United
States Code.
(6) Screen; screening.--The terms ``screen'' and
``screening'' refer to the process of screening a passenger
traveling in air transportation at a commercial service airport
for weapons, explosives, and incendiaries before the passenger
enters the sterile area of an airport.
(7) Sterile area.--The term ``sterile area'' has the
meaning given that term in section 1540.5 of title 49, Code of
Federal Regulations (as in effect on June 1, 2012).
SEC. 3. ESTABLISHMENT OF AIR TRAVELERS' BILL OF RIGHTS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Assistant Secretary shall--
(1) establish a list of the rights of passengers traveling
in air transportation that are screened at a primary airport
(to be known as the ``air travelers' bill of rights''); and
(2) distribute the air travelers' bill of rights as
required by subsection (c).
(b) Elements.--The air travelers' bill of rights shall include, at
a minimum, the following:
(1) A passenger has the right to be presumed innocent
before, during, and after screening.
(2) A passenger has the right to choose to depart from an
airport that has the freedom to choose to have screening
conducted by employees of a private security screening company
or Federal employees, depending on the needs of the airport.
(3) A passenger who has been verified by the Transportation
Security Administration as a low-risk or frequent traveler has
the right to be screened through a process that is more
expeditious and less intrusive than the standard screening
process.
(4) A passenger has the right to make a video recording of
the screening of the passenger using recording devices approved
by the Transportation Security Administration for that purpose.
(5) A passenger has the right to be screened by a canine
screening team if the passenger requests screening by such a
team before beginning the screening process and such a team is
available.
(6) A passenger has the right to decline to be screened
using a device that uses backscatter x-rays.
(7) A passenger has the right to be free from searches and
screening procedures not implemented for cause or because the
passenger is the subject of suspicion, including searches and
screening procedures resulting from the random selection of the
passenger by a computer.
(8) A passenger has the right to be screened by a method
other than a pat-down unless--
(A) the passenger has failed to be cleared to enter
the sterile area of the airport after being screened
using a metal detector or advanced imaging technology
multiple times; or
(B) the individual conducting the screening has a
specific reason to suspect that the passenger is
carrying items that are prohibited in the sterile area
of the airport.
(9) A passenger who is selected to be screened using a pat-
down has the right to request that the pat-down be administered
using the back, rather than the palm, of the hand of the
individual conducting the screening.
(10) A passenger who is 12 years of age or younger or 75
years of age or older has the right to be screened by a method
other than a pat-down unless the individual conducting the
screening has a high degree of suspicion that the passenger is
carrying items that are prohibited in the sterile area of the
airport.
(11) A passenger who is 75 years of age or older, is
dependent on a wheelchair for mobility, or is dependent on an
approved medical device for the treatment of a chronic
condition has the right to be screened in a private area out of
the view of other passengers.
(12) A passenger who is traveling with minor children has
the right to accompany those minor children through the
screening process.
(13) A passenger has the right--
(A) to have the privacy of any image of the
passenger generated during the screening process
maintained; and
(B) to have all copies of any such image (other
than a video recording described in paragraph (4) or
generated by a surveillance camera) deleted immediately
after the passenger is cleared to enter the sterile
area of the airport.
(14) A passenger has the right to have the passenger's
baggage inspected--
(A) by an individual conducting the inspection
under the supervision of another individual; or
(B) in an area visible to passengers or recorded by
a surveillance camera.
(15) A passenger has the right to be screened--
(A) by individuals who are subject to liability for
mistreatment or misconduct during screening; and
(B) using technologies the manufacturers of which
are subject to liability for harm caused by the use of
those technologies.
(16) A passenger who believes the passenger has been
subjected to mistreatment during the screening process has the
right to peacefully express the passenger's concerns to a
supervisor of the individual who conducted the screening.
(17) A passenger who is removed from or detained during the
screening process has the right to contact an attorney
promptly.
(c) Distribution.--The Assistant Secretary shall--
(1) post the air travelers' bill of rights on the website
of the Transportation Security Administration; and
(2) provide the air travelers' bill of rights to passengers
before they are subjected to screening at primary airports by--
(A) posting the air travelers' bill of rights on a
sign that is easily visible to passengers; or
(B) distributing brochures that contain the air
travelers' bill of rights to passengers.
SEC. 4. MANDATORY APPROVAL OF APPLICATIONS UNDER SCREENING PARTNERSHIP
PROGRAM.
Section 44920 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``Under Secretary'' the
first place it appears and inserting ``Assistant Secretary
(Transportation Security Administration) (in this section
referred to as the `Assistant Secretary')'';
(2) by striking ``Under Secretary'' each place it appears
and inserting ``Assistant Secretary''; and
(3) by amending subsection (b) to read as follows:
``(b) Approval of Applications.--The Assistant Secretary shall
approve all applications submitted under subsection (a).''.
SEC. 5. EXPANSION OF PRECHECK PROGRAM.
The Assistant Secretary shall take such actions as are necessary to
expand the expedited screening initiative of the Transportation
Security Administration known as ``PreCheck''--
(1) not later than one year after the date of the enactment
of this Act, to all commercial service airports with more than
250,000 passenger boardings annually;
(2) not later than 2 years after such date of enactment, to
all commercial service airports with more than 100,000
passenger boardings annually; and
(3) not later than 3 years after such date of enactment, to
any other commercial service airport the operator of which
requests to have PreCheck expanded to the airport.
SEC. 6. AVAILABILITY OF CANINE TEAMS FOR SCREENING.
(a) Increase in Number of Canine Teams.--Not later than 90 days
after the date of the enactment of this Act, the Assistant Secretary
shall increase the number of canine teams from the National Explosives
Detection Canine Team Program of the Transportation Security
Administration placed at each commercial service airport in the United
States with more than 2,500,000 passenger boardings each year to a
number that is sufficient to ensure that at least one canine team can
be tasked exclusively with screening passengers during the operating
hours of the airport.
(b) Prohibition on Diversion of Existing Teams.--The Assistant
Secretary may not divert canine teams already placed at an airport from
duties other than screening passengers to fulfill the requirement of
subsection (a).
(c) Deployment of Teams.--
(1) In general.--The Assistant Secretary, in consultation
with the operator of an airport at which a canine team is
required to be placed under subsection (a), shall determine
appropriate procedures for deploying canine teams for screening
passengers at that airport.
(2) Requirements.--At least one canine team shall be
available to screen passengers during the operating hours of an
airport, but a canine team is not required to be present at
each passenger screening location.
(d) Treatment of Private Security Screening Companies.--If
screening at an airport described in subsection (a) is conducted by a
private security screening company pursuant to section 44920 of title
49, United States Code, the Assistant Secretary shall provide the
private security screening company with a canine team if the company
does not employ canine teams.
(e) Report Required.--Not later than one year after the date of the
enactment of this Act, the Assistant Secretary shall submit to the
appropriate congressional committees a report on the implementation of
this section that includes--
(1) the number of canine teams deployed pursuant to
subsection (a);
(2) the barriers, if any, to the full implementation of
this section;
(3) an assessment of the impact of the implementation of
this section on--
(A) the privacy of passengers during the screening
process; and
(B) the efficiency of the screening process; and
(4) an assessment of the effectiveness of canine teams
deployed pursuant to subsection (a) in identifying suspicious
items.
SEC. 7. PROHIBITION ON USE OF RANDOM COMPUTER-GENERATED SCREENING.
(a) In General.--On and after the date of the enactment of this
Act, passengers traveling in air transportation that are screened at a
commercial service airport may not be screened using a device that uses
advanced imaging technology if that device is programmed to randomly
indicate that some passengers have failed to be cleared to enter the
sterile area of the airport or uses a computer-based program for
randomly selecting passengers to be screened.
(b) Certification.--Not later than 30 days after the date of the
enactment of this Act, the Assistant Secretary shall certify to
Congress that no devices described in subsection (a) are in use at any
commercial service airport.
SEC. 8. LIMITATIONS ON SCREENING USING PAT-DOWNS.
Not later than 30 days after the date of the enactment of this Act,
the Assistant Secretary shall prescribe regulations relating to the
screening of passengers using pat-downs that prohibit the screening at
a commercial service airport of--
(1) a passenger who is 12 years of age or younger or 75
years of age or older using a pat-down unless the individual
conducting the screening has a high degree of suspicion that
the passenger is carrying items that are prohibited in the
sterile area of the airport;
(2) any other passenger using a pat-down unless--
(A) the passenger requests to be screened using a
pat-down;
(B) the passenger has failed to be cleared to enter
the sterile area of the airport after being screened
using a metal detector or advanced imaging technology
multiple times; or
(C) the individual conducting the screening has a
specific reason to suspect that the passenger is
carrying items that are prohibited in the sterile area
of the airport; and
(3) any passenger using a pat-down conducted using the palm
of the hand of the individual conducting the screening if the
passenger requests that the pat-down be conducted using the
back of the hand.
SEC. 9. PREVENTION OF HUMILIATING SEARCHES.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Assistant Secretary shall prescribe
regulations to ensure that a passenger traveling in air transportation
who is screened at a commercial service airport and uses a prosthetic
limb, a breast pump, adult diapers, a wheelchair, an insulin pump, or
any other medical device that requires special accommodations during
the screening process is screened in a private area out of the view of
other passengers if the passenger requests to be screened in a private
area.
(b) Termination of Screeners for Conducting Humiliating Searches.--
Not later than 30 days after the date of the enactment of this Act, the
Assistant Secretary shall prescribe regulations to ensure that any
individual employed by the Transportation Security Administration or a
private security screening company to conduct screening at a commercial
service airport is terminated if the individual--
(1) commits a gross violation of the privacy of a passenger
in a manner that is not supported by the policies of the
Transportation Security Administration; or
(2) violates subsection (a) or the policies of the
Transportation Security Administration with respect to the
screening of a passenger with a medical or other condition that
requires special accommodations during the screening process,
such as a passenger who is dependent on a wheelchair or another
medical device.
SEC. 10. LIABILITY OF MANUFACTURERS OF ADVANCED IMAGING TECHNOLOGY.
Section 865 of the Support Anti-terrorism by Fostering Effective
Technologies Act of 2002 (6 U.S.C. 444) is amended--
(1) in paragraph (1)--
(A) by striking ``For purposes of this subtitle,
the'' and inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), the''; and
(B) by adding at the end the following:
``(B) Exception.--The term `qualified anti-
terrorism technology' does not include--
``(i) advanced imaging technology; or
``(ii) any technology developed or acquired
on or after the date of the enactment of the
Air Travelers' Bill of Rights Act of 2012 for
use in the screening of passengers at
airports.''; and
(2) by adding at the end the following:
``(7) Advanced imaging technology.--The term `advanced
imaging technology'--
``(A) means a device used in the screening of
passengers at airports that creates a visual image of
an individual showing the surface of the skin and
revealing other objects on the body; and
``(B) includes devices using backscatter x-rays or
millimeter waves and devices referred to as `whole-body
imaging technology' or `body scanning machines'.''.
SEC. 11. IMPLEMENTATION OF ADDITIONAL ELEMENTS OF AIR TRAVELERS' BILL
OF RIGHTS.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall take all appropriate actions
within the authority of the Secretary to implement any elements of the
air travelers' bill of rights required by section 3 that are not
included in the policies and practices of the Transportation Security
Administration on the day before such date of enactment.
SEC. 12. PASSENGER PRIVACY PROTECTION AWARD.
(a) In General.--The Assistant Secretary shall provide an award (to
be known as the ``Passenger Privacy Protection Award'') for improving
the privacy of passengers at airports each year to--
(1) not fewer than 2 and not more than 4 primary airports;
and
(2) not more than one individual who is a citizen or legal
permanent resident of the United States.
(b) Criteria for Airport Awards.--The Assistant Secretary shall
provide a Passenger Privacy Protection Award to a primary airport based
on the following criteria:
(1) Most innovative improvements to the privacy of
passengers.
(2) Best facilities, or most improved facilities, for the
promotion of the privacy of passengers.
(3) Most courteous employees.
(4) Commitment to advancing passenger privacy.
(5) Advancement and promotion of passengers' rights.
(c) Criteria for Individual Awards.--The Assistant Secretary shall
provide a Passenger Privacy Protection Award to an individual based on
the following criteria:
(1) Most innovative idea to improve the privacy of
passengers.
(2) The feasibility of implementing the idea without the
acquisition of a product by the Transportation Security
Administration.
(3) Advancement and promotion of passengers' rights.
(d) Applications.--Except as provided in subsection (e)(1)(B), an
airport or individual seeking a Passenger Privacy Protection Award
shall submit an application at such time, in such manner, and
containing such information as the Assistant Secretary may require.
(e) Award Website.--The Assistant Secretary shall--
(1) establish a website that--
(A) contains information relating to the Passenger
Privacy Protection Award, including--
(i) the airports and individuals that
received the Award; and
(ii) the ideas and actions for which those
airports and individuals received the Award;
and
(B) provides a mechanism for the submission of
applications under subsection (d); and
(2) include a link to the website required by paragraph (1)
on the website of the Transportation Security Administration.
(f) Funding.--
(1) In general.--Section 44945 of title 49, United States
Code is amended to read as follows:
``Sec. 44945. Disposition of unclaimed money
``Notwithstanding section 3302 of title 31, unclaimed money
recovered at any airport security checkpoint shall be disposed of as
follows:
``(1) Not more than 10 percent of the unclaimed money shall
be retained by the Transportation Security Administration
during fiscal year 2013 and each fiscal year thereafter to
provide Passenger Privacy Protection Awards under section 12 of
the Air Travelers' Bill of Rights Act of 2012.
``(2) The remainder of the unclaimed money shall be
deposited in the general fund of the Treasury and used for
deficit reduction.''.
(2) Distribution of award.--Of the amount made available to
the Assistant Secretary under section 44945 of title 49, United
States Code (as amended by paragraph (1)) for a fiscal year--
(A) not more than $30,000 may be used to provide
Passenger Privacy Protection Awards to airports, not
more than $15,000 of which may be provided to one
airport; and
(B) not more than $5,000 may be used to provide a
Passenger Privacy Protection Award to an individual.
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