I 

112TH CONGRESS 

1ST SESSION H. R. 1279 

To amend title 49, United States Code, to establish limitations on the use 

of advanced imaging technology for aircraft passenger screening, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 31, 2011 

Mr. CHAFFETZ (for himself and Mr. HOLT) 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 advanced 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 2011’’. 


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1 SEC. 2. LIMITATIONS ON USE OF ADVANCED IMAGING 

2 TECHNOLOGY AND ENHANCED PAT-DOWN 

3 SEARCHES FOR AIRCRAFT PASSENGER 

4 SCREENING. 

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

6 amended by adding at the end the following: 

7 ‘‘(l) LIMITATIONS ON USE OF ADVANCED IMAGING

8 TECHNOLOGY AND ENHANCED PAT-DOWN SEARCHES

9 FOR SCREENING PASSENGERS.— 

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

11 Homeland Security (Transportation Security Admin12 istration) shall ensure that advanced imaging tech13 nology is used for the screening of passengers under 

14 this section only in accordance with this subsection. 

15 ‘‘(2) ADVANCED IMAGING TECHNOLOGY.—Ad16 vanced imaging technology may not be used as a 

17 method of screening a passenger under this section 

18 unless— 

19 ‘‘(A) the National Academy of Sciences de20 termines that the technology poses no threat to 

21 public health; 

22 ‘‘(B) the technology is equipped with a pri23 vacy filter or other privacy-protecting tech24 nology; and 

25 ‘‘(C) another method of screening, such as 

26 metal detection, explosive trace detection, or beVerDate Mar 15 2010 04:43 Apr 01, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1279.IH H1279

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1 havioral profiling, demonstrates reasonable 

2 cause for utilizing advanced imaging technology 

3 to detect a possible threat to aviation security. 

4 ‘‘(3) ENHANCED PAT-DOWN SEARCHES.—An 

5 enhanced pat-down search may not be used as a 

6 method of screening a passenger under this section 

7 unless another method of screening, such as metal 

8 detection, explosive trace detection, behavioral 

9 profiling, or use of advanced imaging technology in 

10 accordance with paragraph (2), demonstrates rea11 sonable cause for utilizing advanced imaging tech12 nology to detect a possible threat to aviation secu13 rity. 

14 ‘‘(4) PROVISION OF INFORMATION.—A pas15 senger for whom screening by advanced imaging 

16 technology is permissible under paragraph (2) shall 

17 be provided, prior to the utilization of such tech18 nology with respect to such passenger, information 

19 on— 

20 ‘‘(A) the operation of such technology; 

21 ‘‘(B) the image generated by such tech22 nology; 

23 ‘‘(C) privacy policies relating to such tech24 nology; and 


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1 ‘‘(D) the right to request an advanced pat2 down search under paragraph (5). 

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

4 for whom screening by advanced imaging technology 

5 is permissible under paragraph (2) shall be offered 

6 an advanced pat-down search in lieu of such screen7 ing. 

8 ‘‘(6) PROHIBITION ON USE OF IMAGES.—An 

9 image of a passenger generated by advanced imaging 

10 technology may not be stored, transferred, shared, 

11 or copied in any form after the boarding determina12 tion with respect to such passenger is made. 

13 ‘‘(7) REPORT.—Not later than one year after 

14 the date of enactment of the Aircraft Passenger 

15 Whole-Body Imaging Limitations Act of 2011, and 

16 annually thereafter, the Assistant Secretary shall 

17 submit to Congress a report containing information 

18 on— 

19 ‘‘(A) the implementation of this subsection; 

20 ‘‘(B) the number of passengers for whom 

21 screening by advanced imaging technology was 

22 permissible under paragraph (2) as a percent23 age of all screened passengers; 

24 ‘‘(C) the number of passengers who chose 

25 an advanced pat-down search when presented 


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1 the offer under paragraph (5) as a percentage 

2 of all passengers presented such offer; 

3 ‘‘(D) privacy protection measures taken 

4 with respect to advanced imaging technology; 

5 ‘‘(E) privacy violations that occurred with 

6 respect to such technology; and 

7 ‘‘(F) the effectiveness and safety of such 

8 technology. 

9 ‘‘(8) ADVANCED IMAGING TECHNOLOGY.—The 

10 term ‘advanced imaging technology’ means a device, 

11 including a device using backscatter x-rays or milli12 meter waves, used to detect objects carried on indi13 viduals and that creates a visual image of the indi14 vidual’s full body, showing the surface of the skin 

15 and revealing objects that are on the body.’’. 

16 SEC. 3. PENALTY RELATING TO VIOLATION OF PROHIBI17 TION ON IMAGE STORING. 

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

19 States Code, is amended by adding at the end the fol20 lowing: 

21 ‘‘§ 1925. Misuse of certain images relating to aircraft 

22 passenger screening 

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

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


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1 image in violation of section 44901(l)(6) of title 49, 

2 United States Code, shall be fined under this title.’’. 

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

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

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

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

6 SEC. 4. PERFORMANCE MEASURES AND COST-BENEFIT 

7 ANALYSIS REQUIREMENTS. 

8 (a) IN GENERAL.—Section 44901 of title 49, United 

9 States Code, is further amended by adding at the end the 

10 following: 

11 ‘‘(m) PERFORMANCE MEASURE AND COST-BENEFIT

12 ANALYSIS REQUIREMENTS.— 

13 ‘‘(1) IN GENERAL.—The Secretary may not use 

14 any security technology or methodology for screening 

15 under this section unless the Secretary has— 

16 ‘‘(A) established quantifiable and validated 

17 performance measures to determine if the tech18 nology or methodology is cost effective, reliable, 

19 and safe, and demonstrated that the technology 

20 or methodology satisfies those measures; 

21 ‘‘(B) performed a full assessment of the 

22 costs and benefits of such technology or meth23 odology; and 


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1 ‘‘(C) determined that there is no other 

2 equally effective and less invasive technology or 

3 methodology that satisfies those standards. 

4 ‘‘(2) EMERGENCY EXCEPTION.—Paragraph (1) 

5 shall not apply with respect to use of a technology 

6 or methodology to address a temporary emergency 

7 determined by the Secretary.’’. 

8 (b) APPLICATION.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), the amendment made by subsection (a) 

11 shall apply with respect to any use of a security 

12 technology or methodology after the date of enact13 ment of this Act. 

14 (2) ADVANCED IMAGING TECHNOLOGY AND

15 PAT-DOWN SEARCHES.—The amendment made by 

16 subsection (a) shall apply with respect to any use of 

17 advanced imaging technology or pat-down search (as 

18 those terms are used in section 44901(l) of title 49, 

19 United States Code, as amended by this section) for 

20 the screening of passengers, beginning upon the end 

21 of the 12-month period beginning on the date of the 

22 enactment of this Act. 


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1 SEC. 5. EFFECTIVE DATE. 

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

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

4 Act. 

Æ 


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