II 

111TH CONGRESS 

2D SESSION S. 3536 

To enhance aviation security and protect personal privacy, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 24, 2010 

Mr. BENNETT (for himself and Ms. KLOBUCHAR) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To enhance aviation security and protect personal privacy, 

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 ‘‘Securing Aircraft 

5 From Explosives Responsibly: Advanced Imaging Recogni6 tion Act of 2010’’ or ‘‘SAFER AIR Act of 2010’’. 

7 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

8 (a) FINDINGS.—Congress makes the following find9 ings: 


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1 (1) On December 25, 2009, Umar Farouk 

2 Abdulmutallab, a national of Nigeria, allegedly at3 tempted to detonate a concentration of pentaeryth4 ritol tetranitrate aboard Northwest Airlines Flight 

5 253 as the aircraft prepared to land in Detroit, 

6 Michigan. 

7 (2) Pentaerythritol tetranitrate is an explosive 

8 chemical compound that cannot be detected by con9 ventional metal detection devices like those that Mr. 

10 Abdulmutallab allegedly passed through at airport 

11 checkpoints in Nigeria and the Netherlands. 

12 (3) However, detection devices employing ad13 vanced imaging technology (formerly known as 

14 whole-body imaging), and other technologies cur15 rently available, such as trace detection equipment, 

16 can be used to identify or detect on-body plastic ex17 plosives and other nonmetallic explosives, including 

18 pentaerythritol tetranitrate, as well as other mate19 rials that can be used as weapons. 

20 (4) Despite these capabilities, advanced imaging 

21 technology has not been fully deployed in the United 

22 States or abroad. Through 2009, the Department of 

23 Homeland Security used 40 advanced imaging tech24 nology units in 19 airports in the United States. 

25 Only 6 of those airports used advanced imaging for 


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1 primary screening, and only then in a limited role at 

2 the airport. 

3 (5) The Department of Homeland Security has 

4 announced plans to deploy 950 additional advanced 

5 imaging technology units through fiscal year 2011, 

6 for use at approximately 2,200 checkpoints at com7 mercial airports. 

8 (6) Other detection technologies complement, 

9 and may be used in combination with, advanced im10 aging technology units as part of a multi-layered ap11 proach at the airport checkpoint, and need to be 

12 tested and deployed more consistently. These tech13 nologies include devices that detect traces of explo14 sives from swabs of passengers or carry-on baggage 

15 and advanced technology machines that conduct 

16 multiple-view examinations of carry-on baggage. 

17 (b) SENSE OF CONGRESS ON PRIVACY CONCERNS

18 RELATED TO THE USE OF ADVANCED IMAGING TECH19 NOLOGY.—It is the sense of Congress that the Depart20 ment of Homeland Security should— 

21 (1) increase efforts to address privacy concerns 

22 with respect to the screening of passengers at air23 ports using advanced imaging technology; and 


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1 (2) conduct additional lab and operational test2 ing of advanced imaging technology and deploy, in 

3 a reasonable period of time, technology— 

4 (A) to standardize images produced using 

5 advanced imaging technology; 

6 (B) to remove personally identifying char7 acteristics from the images viewed by transpor8 tation security officers, while providing such of9 ficers with the information necessary to make a 

10 clear assessment of the threat posed by indi11 vidual passengers; and 

12 (C) to upgrade equipment to be able to de13 tect new threats without major capital expendi14 tures. 

15 SEC. 3. POLICY OF THE UNITED STATES WITH RESPECT TO 

16 PRIMARY SCREENING TECHNOLOGIES AT 

17 AIRPORT CHECKPOINTS. 

18 It is the policy of the United States to aggressively 

19 seek, develop, and deploy, in a timely fashion and in suffi20 cient numbers, primary screening technologies capable of 

21 detecting and protecting against threats to domestic and 

22 international aviation travel that cannot be effectively and 

23 efficiently detected by other technologies currently more 

24 commonly utilized in airports, such as metal detection. 


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1 SEC. 4. USE OF ADVANCED TECHNOLOGY FOR SCREENING 

2 AIRCRAFT PASSENGERS. 

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

4 amended by adding at the end the following: 

5 ‘‘(l) USE OF ADVANCED TECHNOLOGY FOR SCREEN6 ING PASSENGERS.— 

7 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

8 Security shall ensure that advanced imaging tech9 nology and other advanced technology with the capa10 bility to detect weapons, on-body plastic explosives, 

11 and other nonmetallic explosives, are deployed, indi12 vidually or in combination with each other, in a 

13 timely and effective manner for the primary screen14 ing of aircraft passengers in accordance with this 

15 subsection. 

16 ‘‘(2) TECHNOLOGICAL AND OPERATIONAL CER17 TIFICATION.— 

18 ‘‘(A) IN GENERAL.—Not later than 30 

19 days after the date of the enactment of the Se20 curing Aircraft From Explosives Responsibly: 

21 Advanced Imaging Recognition Act of 2010, the 

22 Secretary of Homeland Security shall certify to 

23 Congress that— 

24 ‘‘(i) the Department of Homeland Se25 curity has the capacity to deploy advanced 

26 technology described in subparagraph (B) 


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1 at airport checkpoints to detect weapons, 

2 on-body plastic explosives, and other non3 metallic explosives; and 

4 ‘‘(ii) those technologies will be de5 ployed at each airport checkpoint in the 

6 United States by 2013 in sufficient quan7 tities to detect and deter operational 

8 threats from weapons, on-body plastic ex9 plosives, and other nonmetallic explosives. 

10 ‘‘(B) ADVANCED TECHNOLOGY DE11 SCRIBED.—Advanced technology described in 

12 this subparagraph is— 

13 ‘‘(i) advanced imaging technology; or 

14 ‘‘(ii) such other technology as the Sec15 retary of Homeland Security determines, 

16 and certifies to Congress— 

17 ‘‘(I) provides a capability to de18 tect weapons, on-body plastic explo19 sives, and other nonmetallic explosives 

20 that is comparable to, or greater than, 

21 the capability to detect such weapons 

22 and explosives provided by advanced 

23 imaging technology; and 


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1 ‘‘(II) will be used in a manner 

2 suitable to detect such weapons and 

3 explosives. 

4 ‘‘(3) PRIMARY SCREENING OF PASSENGERS.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraph (B), all primary screening of pas7 sengers shall be conducted using advanced im8 aging technology or another advanced tech9 nology described in paragraph (2)(B)(ii). 

10 ‘‘(B) ALTERNATIVE SCREENING METHOD

11 FOR PASSENGERS WITH PRIVACY CONCERNS.— 

12 ‘‘(i) IN GENERAL.—The Secretary of 

13 Homeland Security shall provide pas14 sengers with an option for primary screen15 ing other than the use of advanced imag16 ing technology or another advanced tech17 nology described in paragraph (2)(B)(ii). 

18 ‘‘(ii) OPTIONS.—The alternative op19 tion for primary screening provided to pas20 sengers under clause (i) shall be either— 

21 ‘‘(I) to both pass through a metal 

22 detector and undergo a pat-down 

23 search; or 

24 ‘‘(II) screening using such other 

25 method or combination of methods for 


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1 screening passengers as the Secretary 

2 determines, and certifies to Congress, 

3 is appropriate and effective. 

4 ‘‘(C) PROVISION OF INFORMATION.—Pas5 sengers shall be provided with— 

6 ‘‘(i) information regarding the images 

7 produced by advanced imaging technology 

8 to detect on-body plastic explosives and 

9 other nonmetallic explosives; 

10 ‘‘(ii) information regarding the pri11 vacy protections provided under paragraph 

12 (4); and 

13 ‘‘(iii) sufficiently detailed notice and 

14 an explanation of the alternative option for 

15 primary screening provided to passengers 

16 under subparagraph (B). 

17 ‘‘(4) PRIVACY PROTECTIONS FOR PAS18 SENGERS.— 

19 ‘‘(A) NONRETENTION OF IMAGES.—Except 

20 as provided in subparagraph (B)(ii), all ad21 vanced imaging technology equipment used by 

22 the Department of Homeland Security at an 

23 airport checkpoint shall be configured so that 

24 images produced using the equipment— 


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1 ‘‘(i) cannot be stored, transferred, 

2 copied, or printed; and 

3 ‘‘(ii) are permanently removed from 

4 the screen after the passenger is cleared to 

5 pass through the airport checkpoint. 

6 ‘‘(B) STANDARDIZATION AND BLURRING

7 OF IMAGES.— 

8 ‘‘(i) IN GENERAL.—The Secretary of 

9 Homeland Security shall ensure that any 

10 advanced imaging technology equipment 

11 used by the Department of Homeland Se12 curity to screen passengers be configured 

13 so that— 

14 ‘‘(I) all facial features on a pas15 senger’s image are blurred; and 

16 ‘‘(II) passenger images are 

17 standardized to the greatest extent 

18 possible while allowing for detection of 

19 individual on-body threats. 

20 ‘‘(ii) TRANSFER OF NONSTANDARD21 IZED IMAGES.—An image produced using 

22 advanced imaging technology that shows 

23 personal or nonstandardized images shall 

24 be transferred using a secure connection to 

25 a location that enables an employee of the 


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1 Department of Homeland Security to view 

2 the image without risking the exposure of 

3 the image to the public. 

4 ‘‘(C) PROHIBITION ON PRESENCE OF CAM5 ERAS WHILE VIEWING IMAGES.—An employee 

6 of the Department of Homeland Security view7 ing an image of a passenger produced using ad8 vanced imaging technology— 

9 ‘‘(i) may not have a camera or cell 

10 phone present; and 

11 ‘‘(ii) if viewing the image in a location 

12 described in subparagraph (B)(ii), shall 

13 communicate with other employees of the 

14 Department of Homeland Security using a 

15 wireless headset or another comparable 

16 method of communication that does not 

17 allow for the transmission of the image. 

18 ‘‘(5) REPORTS.— 

19 ‘‘(A) DEPARTMENT OF HOMELAND SECU20 RITY.—Not later than 1 year after the date of 

21 the enactment of the Securing Aircraft From 

22 Explosives Responsibly: Advanced Imaging Rec23 ognition Act of 2010, and every 2 years there24 after, the Secretary of Homeland Security shall 


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1 submit to Congress a report on the implementa2 tion of this subsection that includes— 

3 ‘‘(i) an assessment of existing and 

4 emerging threats presented by on-body 

5 plastic explosives, other nonmetallic explo6 sives, and other items undetectable by con7 ventional metal detectors deployed at air8 port checkpoints; 

9 ‘‘(ii) an assessment of the capabilities 

10 and effectiveness of primary screening 

11 using advanced imaging technology and 

12 any other advanced technology described in 

13 paragraph (2)(B)(ii) used by the Depart14 ment of Homeland Security in combating 

15 any threat described in clause (i); 

16 ‘‘(iii) an estimate of the percentage of 

17 passengers who choose to be screened— 

18 ‘‘(I) by advanced imaging tech19 nology or using another advanced 

20 technology described in paragraph 

21 (2)(B)(ii); and 

22 ‘‘(II) using an alternative option 

23 for primary screening provided to pas24 sengers under paragraph (3)(B); and 


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1 ‘‘(iv) a description of the measures 

2 taken to protect the privacy of passengers 

3 screened using advanced imaging tech4 nology and an assessment of compliance 

5 with those measures. 

6 ‘‘(B) GOVERNMENT ACCOUNTABILITY OF7 FICE.—Not later than 180 days after the date 

8 of the enactment of the Securing Aircraft From 

9 Explosives Responsibly: Advanced Imaging Rec10 ognition Act of 2010, and every 2 years there11 after, the Comptroller General of the United 

12 States shall conduct a study and submit to 

13 Congress a report on the costs of carrying out 

14 this subsection, including the costs relating to 

15 procuring the necessary technology, construc16 tion at airports, and training and deploying em17 ployees of the Department of Homeland Secu18 rity to use new technologies. 

19 ‘‘(6) DEFINITIONS.—In this subsection: 

20 ‘‘(A) ADVANCED IMAGING TECHNOLOGY.— 

21 The term ‘advanced imaging technology’— 

22 ‘‘(i) means a device that creates a vis23 ual image of an individual showing the sur24 face of the skin and revealing other objects 

25 on the body as applicable, including narVerDate Mar 15 2010 00:02 Jun 26, 2010 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3536.IS S3536

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1 cotics, explosives, and other weapons com2 ponents; and 

3 ‘‘(ii) includes devices using 

4 backscatter x-rays or millimeter waves and 

5 devices referred to as ‘whole-body imaging 

6 technology’ or ‘body scanning’. 

7 ‘‘(B) AIRPORT CHECKPOINT.—The term 

8 ‘airport checkpoint’ has the meaning given the 

9 term ‘screening location’ in section 1540.5 of 

10 title 49, Code of Federal Regulations (or any 

11 corresponding similar rule or regulation). 

12 ‘‘(C) PAT-DOWN SEARCH.—The term ‘pat13 down search’ means a physical inspection of the 

14 body of an individual conducted in accordance 

15 with the standard operating procedure de16 scribed in the official training manual of the 

17 Transportation Security Administration of the 

18 Department of Homeland Security. 

19 ‘‘(D) PRIMARY SCREENING.—The term 

20 ‘primary screening’ means the initial examina21 tion of any passenger at an airport checkpoint, 

22 including using available screening technologies 

23 to detect weapons, explosives, narcotics, or 

24 other indications of unlawful action, in order to 

25 determine whether to clear the passenger to 


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1 board an aircraft or to further examine the pas2 senger.’’. 

3 SEC. 5. DEVELOPMENT OF NEW SCREENING TECH4 NOLOGIES. 

5 Nothing in this Act, or the amendments made by this 

6 Act, shall be construed to discourage the Secretary of 

7 Homeland Security from developing and deploying ad8 vanced technologies for aviation screening to protect the 

9 traveling public from emerging threats. The Secretary 

10 shall continue to develop and deploy such new advanced 

11 technologies. 

12 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated such sums 

14 as may be necessary to carry out this Act and the amend15 ments made by this Act. 

Æ 


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