```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3302 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3302

   To establish an air travelers' bill of rights, to implement those 
                    rights, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 14, 2012

   Mr. Paul introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
   To establish an air travelers' bill of rights, to implement those 
                    rights, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Air Travelers' 
Bill of Rights Act of 2012''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Establishment of air travelers' bill of rights.
Sec. 4. Mandatory approval of applications under screening partnership 
                            program.
Sec. 5. Expansion of PreCheck program.
Sec. 6. Availability of canine teams for screening.
Sec. 7. Prohibition on use of random computer-generated screening.
Sec. 8. Limitations on screening using pat-downs.
Sec. 9. Prevention of humiliating searches.
Sec. 10. Liability of manufacturers of advanced imaging technology.
Sec. 11. Implementation of additional elements of air travelers' bill 
                            of rights.
Sec. 12. Passenger Privacy Protection Award.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Advanced imaging technology.--The term ``advanced 
        imaging technology'' has the meaning given that term in section 
        44901(l) of title 49, United States Code.
            (2) Air transportation.--The term ``air transportation'' 
        means air transportation and intrastate air transportation (as 
        those terms are defined in section 40102 of title 49, United 
        States Code).
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs and the Committee on Commerce, 
                Science, and Transportation of the Senate; and
                    (B) the Committee on Homeland Security and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives.
            (4) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Homeland Security 
        (Transportation Security Administration).
            (5) Commercial service airport; primary airport.--The terms 
        ``commercial service airport'' and ``primary airport'' have the 
        meanings given those terms in section 47102 of title 49, United 
        States Code.
            (6) Screen; screening.--The terms ``screen'' and 
        ``screening'' refer to the process of screening a passenger 
        traveling in air transportation at a commercial service airport 
        for weapons, explosives, and incendiaries before the passenger 
        enters the sterile area of an airport.
            (7) Sterile area.--The term ``sterile area'' has the 
        meaning given that term in section 1540.5 of title 49, Code of 
        Federal Regulations (as in effect on June 1, 2012).

SEC. 3. ESTABLISHMENT OF AIR TRAVELERS' BILL OF RIGHTS.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Assistant Secretary shall--
            (1) establish a list of the rights of passengers traveling 
        in air transportation that are screened at a primary airport 
        (to be known as the ``air travelers' bill of rights''); and
            (2) distribute the air travelers' bill of rights as 
        required by subsection (c).
    (b) Elements.--The air travelers' bill of rights shall include, at 
a minimum, the following:
            (1) A passenger has the right to be presumed innocent 
        before, during, and after screening.
            (2) A passenger has the right to choose to depart from an 
        airport that has the freedom to choose to have screening 
        conducted by employees of a private security screening company 
        or Federal employees, depending on the needs of the airport.
            (3) A passenger who has been verified by the Transportation 
        Security Administration as a low-risk or frequent traveler has 
        the right to be screened through a process that is more 
        expeditious and less intrusive than the standard screening 
        process.
            (4) A passenger has the right to make a video recording of 
        the screening of the passenger using recording devices approved 
        by the Transportation Security Administration for that purpose.
            (5) A passenger has the right to be screened by a canine 
        screening team if the passenger requests screening by such a 
        team before beginning the screening process and such a team is 
        available.
            (6) A passenger has the right to decline to be screened 
        using a device that uses backscatter x-rays.
            (7) A passenger has the right to be free from searches and 
        screening procedures not implemented for cause or because the 
        passenger is the subject of suspicion, including searches and 
        screening procedures resulting from the random selection of the 
        passenger by a computer.
            (8) A passenger has the right to be screened by a method 
        other than a pat-down unless--
                    (A) the passenger has failed to be cleared to enter 
                the sterile area of the airport after being screened 
                using a metal detector or advanced imaging technology 
                multiple times; or
                    (B) the individual conducting the screening has a 
                specific reason to suspect that the passenger is 
                carrying items that are prohibited in the sterile area 
                of the airport.
            (9) A passenger who is selected to be screened using a pat-
        down has the right to request that the pat-down be administered 
        using the back, rather than the palm, of the hand of the 
        individual conducting the screening.
            (10) A passenger who is 12 years of age or younger or 75 
        years of age or older has the right to be screened by a method 
        other than a pat-down unless the individual conducting the 
        screening has a high degree of suspicion that the passenger is 
        carrying items that are prohibited in the sterile area of the 
        airport.
            (11) A passenger who is 75 years of age or older, is 
        dependent on a wheelchair for mobility, or is dependent on an 
        approved medical device for the treatment of a chronic 
        condition has the right to be screened in a private area out of 
        the view of other passengers.
            (12) A passenger who is traveling with minor children has 
        the right to accompany those minor children through the 
        screening process.
            (13) A passenger has the right--
                    (A) to have the privacy of any image of the 
                passenger generated during the screening process 
                maintained; and
                    (B) to have all copies of any such image (other 
                than a video recording described in paragraph (4) or 
                generated by a surveillance camera) deleted immediately 
                after the passenger is cleared to enter the sterile 
                area of the airport.
            (14) A passenger has the right to have the passenger's 
        baggage inspected--
                    (A) by an individual conducting the inspection 
                under the supervision of another individual; or
                    (B) in an area visible to passengers or recorded by 
                a surveillance camera.
            (15) A passenger has the right to be screened--
                    (A) by individuals who are subject to liability for 
                mistreatment or misconduct during screening; and
                    (B) using technologies the manufacturers of which 
                are subject to liability for harm caused by the use of 
                those technologies.
            (16) A passenger who believes the passenger has been 
        subjected to mistreatment during the screening process has the 
        right to peacefully express the passenger's concerns to a 
        supervisor of the individual who conducted the screening.
            (17) A passenger who is removed from or detained during the 
        screening process has the right to contact an attorney 
        promptly.
    (c) Distribution.--The Assistant Secretary shall--
            (1) post the air travelers' bill of rights on the website 
        of the Transportation Security Administration; and
            (2) provide the air travelers' bill of rights to passengers 
        before they are subjected to screening at primary airports by--
                    (A) posting the air travelers' bill of rights on a 
                sign that is easily visible to passengers; or
                    (B) distributing brochures that contain the air 
                travelers' bill of rights to passengers.

SEC. 4. MANDATORY APPROVAL OF APPLICATIONS UNDER SCREENING PARTNERSHIP 
              PROGRAM.

    Section 44920 of title 49, United States Code, is amended--
            (1) in subsection (a), by striking ``Under Secretary'' the 
        first place it appears and inserting ``Assistant Secretary 
        (Transportation Security Administration) (in this section 
        referred to as the `Assistant Secretary')'';
            (2) by striking ``Under Secretary'' each place it appears 
        and inserting ``Assistant Secretary''; and
            (3) by amending subsection (b) to read as follows:
    ``(b) Approval of Applications.--The Assistant Secretary shall 
approve all applications submitted under subsection (a).''.

SEC. 5. EXPANSION OF PRECHECK PROGRAM.

    The Assistant Secretary shall take such actions as are necessary to 
expand the expedited screening initiative of the Transportation 
Security Administration known as ``PreCheck''--
            (1) not later than one year after the date of the enactment 
        of this Act, to all commercial service airports with more than 
        250,000 passenger boardings annually;
            (2) not later than 2 years after such date of enactment, to 
        all commercial service airports with more than 100,000 
        passenger boardings annually; and
            (3) not later than 3 years after such date of enactment, to 
        any other commercial service airport the operator of which 
        requests to have PreCheck expanded to the airport.

SEC. 6. AVAILABILITY OF CANINE TEAMS FOR SCREENING.

    (a) Increase in Number of Canine Teams.--Not later than 90 days 
after the date of the enactment of this Act, the Assistant Secretary 
shall increase the number of canine teams from the National Explosives 
Detection Canine Team Program of the Transportation Security 
Administration placed at each commercial service airport in the United 
States with more than 2,500,000 passenger boardings each year to a 
number that is sufficient to ensure that at least one canine team can 
be tasked exclusively with screening passengers during the operating 
hours of the airport.
    (b) Prohibition on Diversion of Existing Teams.--The Assistant 
Secretary may not divert canine teams already placed at an airport from 
duties other than screening passengers to fulfill the requirement of 
subsection (a).
    (c) Deployment of Teams.--
            (1) In general.--The Assistant Secretary, in consultation 
        with the operator of an airport at which a canine team is 
        required to be placed under subsection (a), shall determine 
        appropriate procedures for deploying canine teams for screening 
        passengers at that airport.
            (2) Requirements.--At least one canine team shall be 
        available to screen passengers during the operating hours of an 
        airport, but a canine team is not required to be present at 
        each passenger screening location.
    (d) Treatment of Private Security Screening Companies.--If 
screening at an airport described in subsection (a) is conducted by a 
private security screening company pursuant to section 44920 of title 
49, United States Code, the Assistant Secretary shall provide the 
private security screening company with a canine team if the company 
does not employ canine teams.
    (e) Report Required.--Not later than one year after the date of the 
enactment of this Act, the Assistant Secretary shall submit to the 
appropriate congressional committees a report on the implementation of 
this section that includes--
            (1) the number of canine teams deployed pursuant to 
        subsection (a);
            (2) the barriers, if any, to the full implementation of 
        this section;
            (3) an assessment of the impact of the implementation of 
        this section on--
                    (A) the privacy of passengers during the screening 
                process; and
                    (B) the efficiency of the screening process; and
            (4) an assessment of the effectiveness of canine teams 
        deployed pursuant to subsection (a) in identifying suspicious 
        items.

SEC. 7. PROHIBITION ON USE OF RANDOM COMPUTER-GENERATED SCREENING.

    (a) In General.--On and after the date of the enactment of this 
Act, passengers traveling in air transportation that are screened at a 
commercial service airport may not be screened using a device that uses 
advanced imaging technology if that device is programmed to randomly 
indicate that some passengers have failed to be cleared to enter the 
sterile area of the airport or uses a computer-based program for 
randomly selecting passengers to be screened.
    (b) Certification.--Not later than 30 days after the date of the 
enactment of this Act, the Assistant Secretary shall certify to 
Congress that no devices described in subsection (a) are in use at any 
commercial service airport.

SEC. 8. LIMITATIONS ON SCREENING USING PAT-DOWNS.

    Not later than 30 days after the date of the enactment of this Act, 
the Assistant Secretary shall prescribe regulations relating to the 
screening of passengers using pat-downs that prohibit the screening at 
a commercial service airport of--
            (1) a passenger who is 12 years of age or younger or 75 
        years of age or older using a pat-down unless the individual 
        conducting the screening has a high degree of suspicion that 
        the passenger is carrying items that are prohibited in the 
        sterile area of the airport;
            (2) any other passenger using a pat-down unless--
                    (A) the passenger requests to be screened using a 
                pat-down;
                    (B) the passenger has failed to be cleared to enter 
                the sterile area of the airport after being screened 
                using a metal detector or advanced imaging technology 
                multiple times; or
                    (C) the individual conducting the screening has a 
                specific reason to suspect that the passenger is 
                carrying items that are prohibited in the sterile area 
                of the airport; and
            (3) any passenger using a pat-down conducted using the palm 
        of the hand of the individual conducting the screening if the 
        passenger requests that the pat-down be conducted using the 
        back of the hand.

SEC. 9. PREVENTION OF HUMILIATING SEARCHES.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Assistant Secretary shall prescribe 
regulations to ensure that a passenger traveling in air transportation 
who is screened at a commercial service airport and uses a prosthetic 
limb, a breast pump, adult diapers, a wheelchair, an insulin pump, or 
any other medical device that requires special accommodations during 
the screening process is screened in a private area out of the view of 
other passengers if the passenger requests to be screened in a private 
area.
    (b) Termination of Screeners for Conducting Humiliating Searches.--
Not later than 30 days after the date of the enactment of this Act, the 
Assistant Secretary shall prescribe regulations to ensure that any 
individual employed by the Transportation Security Administration or a 
private security screening company to conduct screening at a commercial 
service airport is terminated if the individual--
            (1) commits a gross violation of the privacy of a passenger 
        in a manner that is not supported by the policies of the 
        Transportation Security Administration; or
            (2) violates subsection (a) or the policies of the 
        Transportation Security Administration with respect to the 
        screening of a passenger with a medical or other condition that 
        requires special accommodations during the screening process, 
        such as a passenger who is dependent on a wheelchair or another 
        medical device.

SEC. 10. LIABILITY OF MANUFACTURERS OF ADVANCED IMAGING TECHNOLOGY.

    Section 865 of the Support Anti-terrorism by Fostering Effective 
Technologies Act of 2002 (6 U.S.C. 444) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``For purposes of this subtitle, 
                the'' and inserting the following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the''; and
                    (B) by adding at the end the following:
                    ``(B) Exception.--The term `qualified anti-
                terrorism technology' does not include--
                            ``(i) advanced imaging technology; or
                            ``(ii) any technology developed or acquired 
                        on or after the date of the enactment of the 
                        Air Travelers' Bill of Rights Act of 2012 for 
                        use in the screening of passengers at 
                        airports.''; and
            (2) by adding at the end the following:
            ``(7) Advanced imaging technology.--The term `advanced 
        imaging technology'--
                    ``(A) means a device used in the screening of 
                passengers at airports that creates a visual image of 
                an individual showing the surface of the skin and 
                revealing other objects on the body; and
                    ``(B) includes devices using backscatter x-rays or 
                millimeter waves and devices referred to as `whole-body 
                imaging technology' or `body scanning machines'.''.

SEC. 11. IMPLEMENTATION OF ADDITIONAL ELEMENTS OF AIR TRAVELERS' BILL 
              OF RIGHTS.

    Not later than 30 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall take all appropriate actions 
within the authority of the Secretary to implement any elements of the 
air travelers' bill of rights required by section 3 that are not 
included in the policies and practices of the Transportation Security 
Administration on the day before such date of enactment.

SEC. 12. PASSENGER PRIVACY PROTECTION AWARD.

    (a) In General.--The Assistant Secretary shall provide an award (to 
be known as the ``Passenger Privacy Protection Award'') for improving 
the privacy of passengers at airports each year to--
            (1) not fewer than 2 and not more than 4 primary airports; 
        and
            (2) not more than one individual who is a citizen or legal 
        permanent resident of the United States.
    (b) Criteria for Airport Awards.--The Assistant Secretary shall 
provide a Passenger Privacy Protection Award to a primary airport based 
on the following criteria:
            (1) Most innovative improvements to the privacy of 
        passengers.
            (2) Best facilities, or most improved facilities, for the 
        promotion of the privacy of passengers.
            (3) Most courteous employees.
            (4) Commitment to advancing passenger privacy.
            (5) Advancement and promotion of passengers' rights.
    (c) Criteria for Individual Awards.--The Assistant Secretary shall 
provide a Passenger Privacy Protection Award to an individual based on 
the following criteria:
            (1) Most innovative idea to improve the privacy of 
        passengers.
            (2) The feasibility of implementing the idea without the 
        acquisition of a product by the Transportation Security 
        Administration.
            (3) Advancement and promotion of passengers' rights.
    (d) Applications.--Except as provided in subsection (e)(1)(B), an 
airport or individual seeking a Passenger Privacy Protection Award 
shall submit an application at such time, in such manner, and 
containing such information as the Assistant Secretary may require.
    (e) Award Website.--The Assistant Secretary shall--
            (1) establish a website that--
                    (A) contains information relating to the Passenger 
                Privacy Protection Award, including--
                            (i) the airports and individuals that 
                        received the Award; and
                            (ii) the ideas and actions for which those 
                        airports and individuals received the Award; 
                        and
                    (B) provides a mechanism for the submission of 
                applications under subsection (d); and
            (2) include a link to the website required by paragraph (1) 
        on the website of the Transportation Security Administration.
    (f) Funding.--
            (1) In general.--Section 44945 of title 49, United States 
        Code is amended to read as follows:
``Sec. 44945. Disposition of unclaimed money
    ``Notwithstanding section 3302 of title 31, unclaimed money 
recovered at any airport security checkpoint shall be disposed of as 
follows:
            ``(1) Not more than 10 percent of the unclaimed money shall 
        be retained by the Transportation Security Administration 
        during fiscal year 2013 and each fiscal year thereafter to 
        provide Passenger Privacy Protection Awards under section 12 of 
        the Air Travelers' Bill of Rights Act of 2012.
            ``(2) The remainder of the unclaimed money shall be 
        deposited in the general fund of the Treasury and used for 
        deficit reduction.''.
            (2) Distribution of award.--Of the amount made available to 
        the Assistant Secretary under section 44945 of title 49, United 
        States Code (as amended by paragraph (1)) for a fiscal year--
                    (A) not more than $30,000 may be used to provide 
                Passenger Privacy Protection Awards to airports, not 
                more than $15,000 of which may be provided to one 
                airport; and
                    (B) not more than $5,000 may be used to provide a 
                Passenger Privacy Protection Award to an individual.
                                 <all>
```