To amend title 49, United States Code, to establish limitations on the use of whole-body imaging technology for aircraft passenger screening, and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aircraft Passenger Whole-Body 
Imaging Limitations Act of 2009''.

SEC. 2. LIMITATIONS ON USE OF WHOLE-BODY IMAGING TECHNOLOGY 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 Whole-Body Imaging Technology for 
Screening Passengers.--
            ``(1) In general.--The Assistant Secretary of Homeland 
        Security (Transportation Security Administration) shall ensure 
        that whole-body imaging technology is used for the screening of 
        passengers under this section only in accordance with this 
        subsection.
            ``(2) Prohibition on use for routine screening.--Whole-body 
        imaging technology may not be used as the sole or primary 
        method of screening a passenger under this section. Whole-body 
        imaging technology may not be used to screen a passenger under 
        this section unless another method of screening, such as metal 
        detection, demonstrates cause for preventing such passenger 
        from boarding an aircraft.
            ``(3) Provision of information.--A passenger for whom 
        screening by whole-body imaging technology is permissible under 
        paragraph (2) shall be provided information on the operation of 
        such technology, on the image generated by such technology, on 
        privacy policies relating to such technology, and on the right 
        to request a pat-down search under paragraph (4) prior to the 
        utilization of such technology with respect to such passenger.
            ``(4) Pat-down search option.--A passenger for whom 
        screening by whole-body imaging technology is permissible under 
        paragraph (2) shall be offered a pat-down search in lieu of 
        such screening.
            ``(5) Prohibition on use of images.--An image of a 
        passenger generated by whole-body imaging technology may not be 
        stored, transferred, shared, or copied in any form after the 
        boarding determination with respect to such passenger is made.
            ``(6) Report.--Not later than one year after the date of 
        enactment of this section, and annually thereafter, the 
        Assistant Secretary shall submit to Congress a report 
        containing information on the implementation of this 
        subsection, on the number of passengers for whom screening by 
        whole-body imaging technology was permissible under paragraph 
        (2) as a percentage of all screened passengers, on the number 
        of passengers who chose a pat-down search when presented the 
        offer under paragraph (4) as a percentage of all passengers 
        presented such offer, on privacy protection measures taken with 
        respect to whole-body imaging technology, on privacy violations 
        that occurred with respect to such technology, and on the 
        effectiveness of such technology.
            ``(7) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Pat-down search.--The term `pat-down search' 
                means a physical inspection of the body of an aircraft 
                passenger conducted in accordance with the 
                Transportation Security Administration's standard 
                operating procedure as described in the Transportation 
                Security Administration's official training manual.
                    ``(B) Whole-body imaging technology.--The term 
                `whole-body 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)(5) of title 49, United States Code, shall be fined 
under this title or imprisoned not more than three years, or both.''.
    (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. 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.

Summary: Aircraft Passenger Whole-Body Imaging Limitations Act of 2009 - Directs the Assistant Secretary of Homeland Security (TSA) to ensure that whole-body imaging technology is used for the screening of passengers only in accordance with this Act. Prohibits the use of whole-body imaging technology as the sole or primary method of screening aircraft passengers. Allows its use only if another method of screening, such as metal detection, demonstrates cause for preventing a passenger from boarding an aircraft. Requires that passengers: (1) be provided information on the operation of such technology and specified related matters, including privacy policies and the right to request a pat-down search. And (2) be offered such a pat-down search in lieu of such screening. Prohibits the storage, transfer, sharing, or copying in any form of an image of a passenger generated by whole-body imaging technology after a boarding determination is made. Imposes criminal penalties upon any US officer or employee who knowingly stores, transfers, shares, or copies whole-body screening images.