I 

116TH CONGRESS 

2D SESSION H. R. 7430 

To protect the dignity and privacy of transgender and other minority travelers 

at airport security checkpoints, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 30, 2020 

Miss RICE of New York (for herself, Mr. CICILLINE, Ms. JAYAPAL, Mr. 

LOWENTHAL, Mr. PETERS, Ms. SCHAKOWSKY, and Mrs. WATSON COLEMAN) introduced the following bill; which was referred to the Committee 

on Homeland Security 

A BILL 

To protect the dignity and privacy of transgender and other 

minority travelers at airport security checkpoints, 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 ‘‘Screening With Dig5 nity Act’’. 

6 SEC. 2. TSA SCREENING PROCEDURES AND TRAINING. 

7 (a) DEVELOPMENT OF PROCEDURES.— 

8 (1) TRANSGENDER PASSENGERS.—Not later 

9 than 60 days after the date of the enactment of this 


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1 Act, the Administrator shall develop procedures to 

2 appropriately and respectfully screen self-identified 

3 transgender passengers. In developing such proce4 dures, the Administrator shall take into consider5 ation the particular needs of persons whose gender 

6 identity is different or is perceived to be different 

7 from their assigned sex at birth and the particular 

8 impact of screening on transgender passengers as 

9 opposed to the general population of passengers. 

10 (2) PASSENGERS WITH RELIGIOUS HEADWEAR

11 AND OTHER ARTICLES OF FAITH.—Not later than 

12 60 days after the date of the enactment of this Act, 

13 the Administrator shall develop procedures to appro14 priately and respectfully screen individuals traveling 

15 with religious headwear or other articles of faith. In 

16 developing such procedures, the Administrator shall 

17 take into consideration the particular needs of per18 sons whose religious faith requires traveling with ar19 ticles of faith and the particular impact of screening 

20 on these passengers as opposed to the general popu21 lation of passengers. 

22 (b) TRAINING OF TSOS AND IMPLEMENTATION OF

23 PROCEDURES.—Not later than 90 days after the date of 

24 the enactment of this Act, the Administrator shall begin 

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1 rity Officers on the screening procedures developed under 

2 subsection (a) and shall implement such procedures. Such 

3 training shall be designed and, wherever practicable, deliv4 ered with the participation of community groups rep5 resenting the relevant traveler populations. 

6 SEC. 3. PROTECTION OF PASSENGERS. 

7 The Administrator shall take such steps as may be 

8 necessary to ensure each of the following with respect to 

9 passenger screening: 

10 (1) The prohibition on human viewing of indi11 vidual passenger images. 

12 (2) The prohibition on retention of individual 

13 passenger image data. 

14 (3) That passengers are provided with an alter15 native to advanced imaging technology scans. 

16 (4) That pat-downs of passengers are required 

17 to be conducted by an officer of the gender re18 quested by the passenger. 

19 (5) That each passenger is provided with the 

20 option of a private screening in an area with a mir21 ror and with the witness of the passenger’s choice. 

22 (6) That passengers are not required to lift or 

23 remove clothing exposing sensitive areas of the body 

24 or to remove prostheses unless no less intrusive 

25 screening method is available and the passenger is 


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1 provided with visual privacy via a drape or other 

2 means in a private screening area. 

3 (7) That pat-downs or other secondary screen4 ing measures shall be no more intrusive than nec5 essary to resolve an alarm or other concern raised 

6 by primary screening (including consideration of less 

7 intrusive alternatives such as a self pat-down with 

8 explosive trace detection, a limited pat-down, or ca9 nine detection and consideration of the sensitivity of 

10 the groin, chest, and other body areas and the sensi11 tivity of religious articles of faith, including religious 

12 headwear). 

13 (8) The prohibition of profiling or other dis14 crimination on the basis of race, color, national ori15 gin, religion, age, disability, genetic information, pa16 rental status, or sex (including on the basis of sexual 

17 orientation or gender identity). 

18 SEC. 4. REPORT ON SCREENING EQUIPMENT. 

19 (a) STUDY.—Not later than 180 days after the date 

20 of the enactment of this Act, the Administrator shall con21 duct a study on the cost and feasibility of retrofitting ad22 vanced image technology screening equipment, or of devel23 oping new such equipment, with the capability to distin24 guish between foreign objects and human body parts (inVerDate Sep 11 2014 04:52 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7430.IH H7430

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1 cluding hair) in a manner that is effectively gender neutral 

2 or which operates in some other gender neutral manner. 

3 (b) REPORT.—Not later than 180 days after the date 

4 of the enactment of this Act, the Administrator shall sub5 mit to the Committee on Homeland Security of the House 

6 of Representatives, the Committee on Commerce, Science, 

7 and Transportation of the Senate, and the Comptroller 

8 General of the United States a report containing the re9 sults of the study conducted under subsection (a). 

10 SEC. 5. REPORT ON ADVANCED IMAGING TECHNOLOGY. 

11 (a) STUDY.—Not later than 180 days after the date 

12 of the enactment of this Act, the Administrator shall con13 duct a study that evaluates the particular impact that ad14 vanced imaging technology has on transgender and gender 

15 nonconforming passengers, passengers whose religious 

16 faith requires them to travel with articles of faith, and 

17 passengers traveling with assistive devices, as opposed to 

18 the general population of passengers. Such study shall in19 clude an examination of instances since 2010 in which a 

20 self-identified transgender or gender nonconforming pas21 senger was required to undergo an additional screening 

22 procedure after screening with advanced imaging tech23 nology resulted in an alarm. 

24 (b) REPORT.—Not later than 180 days after the date 

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1 mit to the Committee on Homeland Security of the House 

2 of Representatives and the Committee on Commerce, 

3 Science, and Transportation of the Senate a report con4 taining the results of the study conducted under sub5 section (a). Such report shall include recommendations to 

6 reduce any particular impact of screening on transgender 

7 passengers and involve the consultation and input of com8 munity groups representing the transgender traveler popu9 lation. 

10 SEC. 6. NEXT GENERATION PASSENGER SCREENING. 

11 (a) QUALIFICATION.—No later than 1 year after the 

12 date of enactment of this Act, the Administrator shall 

13 identify any policy, procedure, or training changes and 

14 complete any testing, certification, and assessment for 

15 qualifying additional technology (if needed) to ensure that 

16 any advanced imaging technology utilized for passenger 

17 screening, together with any procedures for clearing 

18 alarms by such technology— 

19 (1) does not require or provide for designating 

20 passengers by gender for screening; 

21 (2) does not utilize passenger gender as a fac22 tor in its detection algorithms; 

23 (3) does not generate alarms based only on pas24 sengers’ body parts (including hair), undergarments, 

25 or religious headwear; 


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1 (4) allows for the screening of individuals using 

2 assistive devices such as wheelchairs in a manner no 

3 more intrusive than for other individuals; and 

4 (5) reduces physical pat-downs of passengers to 

5 the greatest degree practicable given currently avail6 able screening methods. 

7 (b) NOTIFICATION TO CONGRESS.—Not later than 60 

8 days after the completion of the assessment pursuant to 

9 subsection (a), the Administrator shall notify the Com10 mittee on Homeland Security of the House of Representa11 tives and the Committee on Commerce, Science, and 

12 Transportation of the Senate in writing of the results. 

13 This notification shall include— 

14 (1) a list of all advanced imaging technologies, 

15 which have the ability to conduct screening without 

16 designating passengers by gender and do not utilize 

17 passenger gender in any detection algorithms, that 

18 qualified; 

19 (2) an analysis of false alarm rates and pat20 down rates for the advanced imaging technologies 

21 and procedures listed in subsection (b)(1), including 

22 the false alarm rate for transgender and gender non23 conforming passengers, compared to current ad24 vanced imaging technology and procedures deployed 

25 at TSA checkpoints; 


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1 (3) any plans to procure or open an acquisition 

2 program of record for any advanced imaging tech3 nology listed in subsection (b)(1); and 

4 (4) a detailed summary of all policy, procedure, 

5 or training changes adopted or identified pursuant 

6 to subsection (a), and a timeline for implementing 

7 any remaining changes. 

8 SEC. 7. DEFINITIONS. 

9 In this Act: 

10 (1) ADMINISTRATOR.—The term ‘‘Adminis11 trator’’ means the Administrator of the Transpor12 tation Security Administration. 

13 (2) ADVANCED IMAGING TECHNOLOGY.—The 

14 term ‘‘advanced imaging technology’’ has the mean15 ing given the term in section 826(l)(1)(A) of the 

16 FAA Modernization and Reform Act of 2012 (49 

17 U.S.C. 44901(l)(1)(A)). 

18 (3) GENDER IDENTITY.—The term ‘‘gender 

19 identity’’ means the gender-related identity, appear20 ance, mannerisms, or other gender-related character21 istics of an individual, regardless of the individual’s 

22 designated sex at birth. 

23 (4) PAT-DOWN.—The term ‘‘pat-down’’ means 

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1 ing the inspection of the head, hair, torso, breasts, 

2 groin, buttocks, or other body parts. 

Æ 


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