I 

111TH CONGRESS 

1ST SESSION H. R. 2027 

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. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 22, 2009 

Mr. CHAFFETZ 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 whole-body imaging technology for 

aircraft passenger screening, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Aircraft Passenger 

5 Whole-Body Imaging Limitations Act of 2009’’. 


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1 SEC. 2. LIMITATIONS ON USE OF WHOLE-BODY IMAGING 

2 TECHNOLOGY FOR AIRCRAFT PASSENGER 

3 SCREENING. 

4 Section 44901 of title 49, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(l) LIMITATIONS ON USE OF WHOLE-BODY IMAG7 ING TECHNOLOGY FOR SCREENING PASSENGERS.— 

8 ‘‘(1) IN GENERAL.—The Assistant Secretary of 

9 Homeland Security (Transportation Security Admin10 istration) shall ensure that whole-body imaging tech11 nology is used for the screening of passengers under 

12 this section only in accordance with this subsection. 

13 ‘‘(2) PROHIBITION ON USE FOR ROUTINE

14 SCREENING.—Whole-body imaging technology may 

15 not be used as the sole or primary method of screen16 ing a passenger under this section. Whole-body im17 aging technology may not be used to screen a pas18 senger under this section unless another method of 

19 screening, such as metal detection, demonstrates 

20 cause for preventing such passenger from boarding 

21 an aircraft. 

22 ‘‘(3) PROVISION OF INFORMATION.—A pas23 senger for whom screening by whole-body imaging 

24 technology is permissible under paragraph (2) shall 

25 be provided information on the operation of such 

26 technology, on the image generated by such techVerDate Nov 24 2008 04:50 Apr 23, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2027.IH H2027

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1 nology, on privacy policies relating to such tech2 nology, and on the right to request a pat-down 

3 search under paragraph (4) prior to the utilization 

4 of such technology with respect to such passenger. 

5 ‘‘(4) PAT-DOWN SEARCH OPTION.—A passenger 

6 for whom screening by whole-body imaging tech7 nology is permissible under paragraph (2) shall be 

8 offered a pat-down search in lieu of such screening. 

9 ‘‘(5) PROHIBITION ON USE OF IMAGES.—An 

10 image of a passenger generated by whole-body imag11 ing technology may not be stored, transferred, 

12 shared, or copied in any form after the boarding de13 termination with respect to such passenger is made. 

14 ‘‘(6) REPORT.—Not later than one year after 

15 the date of enactment of this section, and annually 

16 thereafter, the Assistant Secretary shall submit to 

17 Congress a report containing information on the im18 plementation of this subsection, on the number of 

19 passengers for whom screening by whole-body imag20 ing technology was permissible under paragraph (2) 

21 as a percentage of all screened passengers, on the 

22 number of passengers who chose a pat-down search 

23 when presented the offer under paragraph (4) as a 

24 percentage of all passengers presented such offer, on 

25 privacy protection measures taken with respect to 


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1 whole-body imaging technology, on privacy violations 

2 that occurred with respect to such technology, and 

3 on the effectiveness of such technology. 

4 ‘‘(7) DEFINITIONS.—In this subsection, the fol5 lowing definitions apply: 

6 ‘‘(A) PAT-DOWN SEARCH.—The term ‘pat7 down search’ means a physical inspection of the 

8 body of an aircraft passenger conducted in ac9 cordance with the Transportation Security Ad10 ministration’s standard operating procedure as 

11 described in the Transportation Security Ad12 ministration’s official training manual. 

13 ‘‘(B) WHOLE-BODY IMAGING TECH14 NOLOGY.—The term ‘whole-body imaging tech15 nology’ means a device, including a device using 

16 backscatter x-rays or millimeter waves, used to 

17 detect objects carried on individuals and that 

18 creates a visual image of the individual’s full 

19 body, showing the surface of the skin and re20 vealing objects that are on the body.’’. 

21 SEC. 3. PENALTY RELATING TO VIOLATION OF PROHIBI22 TION ON IMAGE STORING. 

23 (a) IN GENERAL.—Chapter 93 of title 18, United 

24 States Code, is amended by adding at the end the fol25 lowing: 


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1 ‘‘§ 1925. Misuse of certain images relating to aircraft 

2 passenger screening 

3 ‘‘Whoever, being an officer or employee of the United 

4 States, knowingly stores, transfers, shares, or copies an 

5 image in violation of section 44901(l)(5) of title 49, 

6 United States Code, shall be fined under this title or im7 prisoned not more than three years, or both.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of chapter 93 of title 18, United States 

10 Code, is amended by adding at the end the following: 

‘‘1925. Misuse of certain images relating to aircraft passenger screening.’’. 

11 SEC. 4. EFFECTIVE DATE. 

12 Sections 2 and 3 of this Act shall take effect on the 

13 date that is 30 days after the date of enactment of this 

14 Act. 

Æ 


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