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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3536 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing Aircraft From Explosives 
Responsibly: Advanced Imaging Recognition Act of 2010'' or ``SAFER AIR 
Act of 2010''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress makes the following findings:
            (1) On December 25, 2009, Umar Farouk Abdulmutallab, a 
        national of Nigeria, allegedly attempted to detonate a 
        concentration of pentaerythritol tetranitrate aboard Northwest 
        Airlines Flight 253 as the aircraft prepared to land in 
        Detroit, Michigan.
            (2) Pentaerythritol tetranitrate is an explosive chemical 
        compound that cannot be detected by conventional metal 
        detection devices like those that Mr. Abdulmutallab allegedly 
        passed through at airport checkpoints in Nigeria and the 
        Netherlands.
            (3) However, detection devices employing advanced imaging 
        technology (formerly known as whole-body imaging), and other 
        technologies currently available, such as trace detection 
        equipment, can be used to identify or detect on-body plastic 
        explosives and other nonmetallic explosives, including 
        pentaerythritol tetranitrate, as well as other materials that 
        can be used as weapons.
            (4) Despite these capabilities, advanced imaging technology 
        has not been fully deployed in the United States or abroad. 
        Through 2009, the Department of Homeland Security used 40 
        advanced imaging technology units in 19 airports in the United 
        States. Only 6 of those airports used advanced imaging for 
        primary screening, and only then in a limited role at the 
        airport.
            (5) The Department of Homeland Security has announced plans 
        to deploy 950 additional advanced imaging technology units 
        through fiscal year 2011, for use at approximately 2,200 
        checkpoints at commercial airports.
            (6) Other detection technologies complement, and may be 
        used in combination with, advanced imaging technology units as 
        part of a multi-layered approach at the airport checkpoint, and 
        need to be tested and deployed more consistently. These 
        technologies include devices that detect traces of explosives 
        from swabs of passengers or carry-on baggage and advanced 
        technology machines that conduct multiple-view examinations of 
        carry-on baggage.
    (b) Sense of Congress on Privacy Concerns Related to the Use of 
Advanced Imaging Technology.--It is the sense of Congress that the 
Department of Homeland Security should--
            (1) increase efforts to address privacy concerns with 
        respect to the screening of passengers at airports using 
        advanced imaging technology; and
            (2) conduct additional lab and operational testing of 
        advanced imaging technology and deploy, in a reasonable period 
        of time, technology--
                    (A) to standardize images produced using advanced 
                imaging technology;
                    (B) to remove personally identifying 
                characteristics from the images viewed by 
                transportation security officers, while providing such 
                officers with the information necessary to make a clear 
                assessment of the threat posed by individual 
                passengers; and
                    (C) to upgrade equipment to be able to detect new 
                threats without major capital expenditures.

SEC. 3. POLICY OF THE UNITED STATES WITH RESPECT TO PRIMARY SCREENING 
              TECHNOLOGIES AT AIRPORT CHECKPOINTS.

    It is the policy of the United States to aggressively seek, 
develop, and deploy, in a timely fashion and in sufficient numbers, 
primary screening technologies capable of detecting and protecting 
against threats to domestic and international aviation travel that 
cannot be effectively and efficiently detected by other technologies 
currently more commonly utilized in airports, such as metal detection.

SEC. 4. USE OF ADVANCED TECHNOLOGY FOR SCREENING AIRCRAFT PASSENGERS.

    Section 44901 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(l) Use of Advanced Technology for Screening Passengers.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        ensure that advanced imaging technology and other advanced 
        technology with the capability to detect weapons, on-body 
        plastic explosives, and other nonmetallic explosives, are 
        deployed, individually or in combination with each other, in a 
        timely and effective manner for the primary screening of 
        aircraft passengers in accordance with this subsection.
            ``(2) Technological and operational certification.--
                    ``(A) In general.--Not later than 30 days after the 
                date of the enactment of the Securing Aircraft From 
                Explosives Responsibly: Advanced Imaging Recognition 
                Act of 2010, the Secretary of Homeland Security shall 
                certify to Congress that--
                            ``(i) the Department of Homeland Security 
                        has the capacity to deploy advanced technology 
                        described in subparagraph (B) at airport 
                        checkpoints to detect weapons, on-body plastic 
                        explosives, and other nonmetallic explosives; 
                        and
                            ``(ii) those technologies will be deployed 
                        at each airport checkpoint in the United States 
                        by 2013 in sufficient quantities to detect and 
                        deter operational threats from weapons, on-body 
                        plastic explosives, and other nonmetallic 
                        explosives.
                    ``(B) Advanced technology described.--Advanced 
                technology described in this subparagraph is--
                            ``(i) advanced imaging technology; or
                            ``(ii) such other technology as the 
                        Secretary of Homeland Security determines, and 
                        certifies to Congress--
                                    ``(I) provides a capability to 
                                detect weapons, on-body plastic 
                                explosives, and other nonmetallic 
                                explosives that is comparable to, or 
                                greater than, the capability to detect 
                                such weapons and explosives provided by 
                                advanced imaging technology; and
                                    ``(II) will be used in a manner 
                                suitable to detect such weapons and 
                                explosives.
            ``(3) Primary screening of passengers.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), all primary screening of passengers 
                shall be conducted using advanced imaging technology or 
                another advanced technology described in paragraph 
                (2)(B)(ii).
                    ``(B) Alternative screening method for passengers 
                with privacy concerns.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security shall provide passengers with 
                        an option for primary screening other than the 
                        use of advanced imaging technology or another 
                        advanced technology described in paragraph 
                        (2)(B)(ii).
                            ``(ii) Options.--The alternative option for 
                        primary screening provided to passengers under 
                        clause (i) shall be either--
                                    ``(I) to both pass through a metal 
                                detector and undergo a pat-down search; 
                                or
                                    ``(II) screening using such other 
                                method or combination of methods for 
                                screening passengers as the Secretary 
                                determines, and certifies to Congress, 
                                is appropriate and effective.
                    ``(C) Provision of information.--Passengers shall 
                be provided with--
                            ``(i) information regarding the images 
                        produced by advanced imaging technology to 
                        detect on-body plastic explosives and other 
                        nonmetallic explosives;
                            ``(ii) information regarding the privacy 
                        protections provided under paragraph (4); and
                            ``(iii) sufficiently detailed notice and an 
                        explanation of the alternative option for 
                        primary screening provided to passengers under 
                        subparagraph (B).
            ``(4) Privacy protections for passengers.--
                    ``(A) Nonretention of images.--Except as provided 
                in subparagraph (B)(ii), all advanced imaging 
                technology equipment used by the Department of Homeland 
                Security at an airport checkpoint shall be configured 
                so that images produced using the equipment--
                            ``(i) cannot be stored, transferred, 
                        copied, or printed; and
                            ``(ii) are permanently removed from the 
                        screen after the passenger is cleared to pass 
                        through the airport checkpoint.
                    ``(B) Standardization and blurring of images.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security shall ensure that any 
                        advanced imaging technology equipment used by 
                        the Department of Homeland Security to screen 
                        passengers be configured so that--
                                    ``(I) all facial features on a 
                                passenger's image are blurred; and
                                    ``(II) passenger images are 
                                standardized to the greatest extent 
                                possible while allowing for detection 
                                of individual on-body threats.
                            ``(ii) Transfer of nonstandardized 
                        images.--An image produced using advanced 
                        imaging technology that shows personal or 
                        nonstandardized images shall be transferred 
                        using a secure connection to a location that 
                        enables an employee of the Department of 
                        Homeland Security to view the image without 
                        risking the exposure of the image to the 
                        public.
                    ``(C) Prohibition on presence of cameras while 
                viewing images.--An employee of the Department of 
                Homeland Security viewing an image of a passenger 
                produced using advanced imaging technology--
                            ``(i) may not have a camera or cell phone 
                        present; and
                            ``(ii) if viewing the image in a location 
                        described in subparagraph (B)(ii), shall 
                        communicate with other employees of the 
                        Department of Homeland Security using a 
                        wireless headset or another comparable method 
                        of communication that does not allow for the 
                        transmission of the image.
            ``(5) Reports.--
                    ``(A) Department of homeland security.--Not later 
                than 1 year after the date of the enactment of the 
                Securing Aircraft From Explosives Responsibly: Advanced 
                Imaging Recognition Act of 2010, and every 2 years 
                thereafter, the Secretary of Homeland Security shall 
                submit to Congress a report on the implementation of 
                this subsection that includes--
                            ``(i) an assessment of existing and 
                        emerging threats presented by on-body plastic 
                        explosives, other nonmetallic explosives, and 
                        other items undetectable by conventional metal 
                        detectors deployed at airport checkpoints;
                            ``(ii) an assessment of the capabilities 
                        and effectiveness of primary screening using 
                        advanced imaging technology and any other 
                        advanced technology described in paragraph 
                        (2)(B)(ii) used by the Department of Homeland 
                        Security in combating any threat described in 
                        clause (i);
                            ``(iii) an estimate of the percentage of 
                        passengers who choose to be screened--
                                    ``(I) by advanced imaging 
                                technology or using another advanced 
                                technology described in paragraph 
                                (2)(B)(ii); and
                                    ``(II) using an alternative option 
                                for primary screening provided to 
                                passengers under paragraph (3)(B); and
                            ``(iv) a description of the measures taken 
                        to protect the privacy of passengers screened 
                        using advanced imaging technology and an 
                        assessment of compliance with those measures.
                    ``(B) Government accountability office.--Not later 
                than 180 days after the date of the enactment of the 
                Securing Aircraft From Explosives Responsibly: Advanced 
                Imaging Recognition Act of 2010, and every 2 years 
                thereafter, the Comptroller General of the United 
                States shall conduct a study and submit to Congress a 
                report on the costs of carrying out this subsection, 
                including the costs relating to procuring the necessary 
                technology, construction at airports, and training and 
                deploying employees of the Department of Homeland 
                Security to use new technologies.
            ``(6) Definitions.--In this subsection:
                    ``(A) Advanced imaging technology.--The term 
                `advanced imaging technology'--
                            ``(i) means a device that creates a visual 
                        image of an individual showing the surface of 
                        the skin and revealing other objects on the 
                        body as applicable, including narcotics, 
                        explosives, and other weapons components; and
                            ``(ii) includes devices using backscatter 
                        x-rays or millimeter waves and devices referred 
                        to as `whole-body imaging technology' or `body 
                        scanning'.
                    ``(B) Airport checkpoint.--The term `airport 
                checkpoint' has the meaning given the term `screening 
                location' in section 1540.5 of title 49, Code of 
                Federal Regulations (or any corresponding similar rule 
                or regulation).
                    ``(C) Pat-down search.--The term `pat-down search' 
                means a physical inspection of the body of an 
                individual conducted in accordance with the standard 
                operating procedure described in the official training 
                manual of the Transportation Security Administration of 
                the Department of Homeland Security.
                    ``(D) Primary screening.--The term `primary 
                screening' means the initial examination of any 
                passenger at an airport checkpoint, including using 
                available screening technologies to detect weapons, 
                explosives, narcotics, or other indications of unlawful 
                action, in order to determine whether to clear the 
                passenger to board an aircraft or to further examine 
                the passenger.''.

SEC. 5. DEVELOPMENT OF NEW SCREENING TECHNOLOGIES.

    Nothing in this Act, or the amendments made by this Act, shall be 
construed to discourage the Secretary of Homeland Security from 
developing and deploying advanced technologies for aviation screening 
to protect the traveling public from emerging threats. The Secretary 
shall continue to develop and deploy such new advanced technologies.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act and the amendments made by this Act.
                                 <all>
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