II 

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. 

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


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1 SECTION 1. STUDY OF HEALTH EFFECTS OF BACKSCATTER 

2 X-RAY MACHINES. 

3 (a) IN GENERAL.—The Under Secretary for Science 

4 and Technology in the Department of Homeland Security 

5 shall provide for the conduct of an independent study of 

6 the effects on human health caused by the use of 

7 backscatter x-ray machines at airline checkpoints operated 

8 by the Transportation Security Administration. 

9 (b) REQUIREMENTS FOR STUDY.— 

10 (1) CONDUCT.—The study required under sub11 section (a) shall be— 

12 (A) initiated not later than 90 days after 

13 the date of the enactment of this Act; 

14 (B) conducted by an independent labora15 tory selected by the Under Secretary, in con16 sultation with the National Science Foundation, 

17 from among laboratories with expertise in the 

18 conduct of similar studies; and 

19 (C) to the maximum extent practicable, 

20 consistent with standard evaluations of radio21 logical medical equipment. 

22 (2) TESTING EQUIPMENT.—In conducting the 

23 study, the laboratory shall, to the maximum extent 

24 practicable— 


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1 (A) use calibration testing equipment de2 veloped by the laboratory for purposes of study; 

3 and 

4 (B) use commercially available calibration 

5 testing equipment as a control. 

6 (3) ELEMENTS.—In conducting the study, the 

7 laboratory shall, to the maximum extent practicable 

8 and consistent with recognized protocols for inde9 pendent scientific testing— 

10 (A) dismantle and evaluate one or more 

11 backscatter x-ray machine used at airline check12 points operated by the Transportation Security 

13 Administration in order to determine— 

14 (i) the placement of testing equipment 

15 so that radiation emission readings during 

16 the testing of such machines are as accu17 rate as possible; and 

18 (ii) how best to measure the dose 

19 emitted per scan; 

20 (B) determine the failure rates and effects 

21 of use of such machines; 

22 (C) include the use of alternative testing 

23 methods in the determination of levels of radi24 ation exposure (such as an examination of en25 zyme levels after x-ray exposure to determine if 


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1 there is a biological response to cellular damage 

2 caused by such an exposure); 

3 (D) assess the fail-safe mechanisms of 

4 such machines in order to determine the opti5 mal operating efficacy of such machines; 

6 (E) ensure that any tests performed are 

7 replicable; 

8 (F) obtain peer review of any tests per9 formed; and 

10 (G) meet such other requirements as the 

11 Under Secretary shall specify for purposes of 

12 the study. 

13 (4) REPORT.— 

14 (A) EVALUATION.—The Under Secretary 

15 shall provide for an independent panel, in con16 sultation with the National Science Foundation, 

17 with expertise in conducting similar evaluations, 

18 to evaluate the data collected under the study 

19 to assess the health risks posed by backscatter 

20 x-ray machines to individuals and groups of 

21 people screened or affected by such machines, 

22 including— 

23 (i) frequent air travelers; 

24 (ii) employees of the Transportation 

25 Security Administration; 


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1 (iii) flight crews; 

2 (iv) other individuals who work at an 

3 airport; and 

4 (v) individuals with greater sensitivity 

5 to radiation, such as children, pregnant 

6 women, the elderly, and cancer patients. 

7 (B) CONSIDERATIONS.—In conducting the 

8 evaluation under subparagraph (A), the panel 

9 shall— 

10 (i) conduct a literature review of rel11 evant clinical and academic literature; and 

12 (ii) consider the risk of backscatter x13 ray technology from a public health per14 spective in addition to the individual risk 

15 to each airline passenger. 

16 (C) REPORTS.— 

17 (i) PROGRESS REPORTS.—Not later 

18 than 90 days after the date of the enact19 ment of this Act, and periodically there20 after until the final report is submitted 

21 pursuant to clause (ii), the Under Sec22 retary shall submit a report to Congress 

23 that contains the preliminary findings of 

24 the study conducted under this subsection. 


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1 (ii) FINAL REPORT.—Not later than 

2 90 days after the date on which the panel 

3 completes the evaluation required under 

4 this paragraph, the Under Secretary shall 

5 submit a report to Congress that contains 

6 the result of the study and evaluation con7 ducted under this subsection. 

8 SEC. 2. SIGNAGE REQUIREMENT RELATING TO 

9 BACKSCATTER X-RAY MACHINES. 

10 The Administrator of the Transportation Security 

11 Administration shall ensure that large, easily readable 

12 signs or equivalent electronic displays are placed at the 

13 front of airline passenger check point queues where 

14 backscatter advanced imaging technology machines are 

15 used for screening to inform airline passengers, particu16 larly passengers who may be sensitive to radiation expo17 sure, that they may request to undergo alternative screen18 ing procedures instead of passing through a backscatter 

19 x-ray machine. 

Æ 


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