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 addi-
tion to the Committee on the Judiciary, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend title 49, United States Code, to establish limita-
tions on the use of advanced imaging technology for 
aircraft passenger screening, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Aircraft Passenger 
Whole-Body Imaging Limitations Act of 2011’’. 
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SEC. 2. LIMITATIONS ON USE OF ADVANCED IMAGING 
TECHNOLOGY AND ENHANCED PAT-DOWN 
SEARCHES 
FOR 
AIRCRAFT 
PASSENGER 
SCREENING. 
Section 44901 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(l) LIMITATIONS ON USE OF ADVANCED IMAGING 
TECHNOLOGY
AND ENHANCED PAT-DOWN SEARCHES 
FOR SCREENING PASSENGERS.— 
‘‘(1) IN GENERAL.—The Assistant Secretary of 
Homeland Security (Transportation Security Admin-
istration) shall ensure that advanced imaging tech-
nology is used for the screening of passengers under 
this section only in accordance with this subsection. 
‘‘(2) ADVANCED
IMAGING
TECHNOLOGY.—Ad-
vanced imaging technology may not be used as a 
method of screening a passenger under this section 
unless— 
‘‘(A) the National Academy of Sciences de-
termines that the technology poses no threat to 
public health; 
‘‘(B) the technology is equipped with a pri-
vacy filter or other privacy-protecting tech-
nology; and 
‘‘(C) another method of screening, such as 
metal detection, explosive trace detection, or be-
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havioral 
profiling, 
demonstrates 
reasonable 
cause for utilizing advanced imaging technology 
to detect a possible threat to aviation security. 
‘‘(3) ENHANCED
PAT-DOWN
SEARCHES.—An 
enhanced pat-down search may not be used as a 
method of screening a passenger under this section 
unless another method of screening, such as metal 
detection, 
explosive 
trace 
detection, 
behavioral 
profiling, or use of advanced imaging technology in 
accordance with paragraph (2), demonstrates rea-
sonable cause for utilizing advanced imaging tech-
nology to detect a possible threat to aviation secu-
rity. 
‘‘(4) PROVISION
OF
INFORMATION.—A pas-
senger for whom screening by advanced imaging 
technology is permissible under paragraph (2) shall 
be provided, prior to the utilization of such tech-
nology with respect to such passenger, information 
on— 
‘‘(A) the operation of such technology; 
‘‘(B) the image generated by such tech-
nology; 
‘‘(C) privacy policies relating to such tech-
nology; and 
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‘‘(D) the right to request an advanced pat- 
down search under paragraph (5). 
‘‘(5) PAT-DOWN SEARCH OPTION.—A passenger 
for whom screening by advanced imaging technology 
is permissible under paragraph (2) shall be offered 
an advanced pat-down search in lieu of such screen-
ing. 
‘‘(6) PROHIBITION
ON
USE
OF
IMAGES.—An 
image of a passenger generated by advanced imaging 
technology may not be stored, transferred, shared, 
or copied in any form after the boarding determina-
tion with respect to such passenger is made. 
‘‘(7) REPORT.—Not later than one year after 
the date of enactment of the Aircraft Passenger 
Whole-Body Imaging Limitations Act of 2011, and 
annually thereafter, the Assistant Secretary shall 
submit to Congress a report containing information 
on— 
‘‘(A) the implementation of this subsection; 
‘‘(B) the number of passengers for whom 
screening by advanced imaging technology was 
permissible under paragraph (2) as a percent-
age of all screened passengers; 
‘‘(C) the number of passengers who chose 
an advanced pat-down search when presented 
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the offer under paragraph (5) as a percentage 
of all passengers presented such offer; 
‘‘(D) privacy protection measures taken 
with respect to advanced imaging technology; 
‘‘(E) privacy violations that occurred with 
respect to such technology; and 
‘‘(F) the effectiveness and safety of such 
technology. 
‘‘(8) ADVANCED IMAGING TECHNOLOGY.—The 
term ‘advanced imaging technology’ means a device, 
including a device using backscatter x-rays or milli-
meter waves, used to detect objects carried on indi-
viduals and that creates a visual image of the indi-
vidual’s full body, showing the surface of the skin 
and revealing objects that are on the body.’’. 
SEC. 3. PENALTY RELATING TO VIOLATION OF PROHIBI-
TION ON IMAGE STORING. 
(a) IN GENERAL.—Chapter 93 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1925. Misuse of certain images relating to aircraft 
passenger screening 
‘‘Whoever, being an officer or employee of the United 
States, knowingly stores, transfers, shares, or copies an 
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image in violation of section 44901(l)(6) of title 49, 
United States Code, shall be fined under this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 93 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘1925. Misuse of certain images relating to aircraft passenger screening.’’. 
SEC. 4. PERFORMANCE MEASURES AND COST-BENEFIT 
ANALYSIS REQUIREMENTS. 
(a) IN GENERAL.—Section 44901 of title 49, United 
States Code, is further amended by adding at the end the 
following: 
‘‘(m) PERFORMANCE MEASURE AND COST-BENEFIT 
ANALYSIS REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The Secretary may not use 
any security technology or methodology for screening 
under this section unless the Secretary has— 
‘‘(A) established quantifiable and validated 
performance measures to determine if the tech-
nology or methodology is cost effective, reliable, 
and safe, and demonstrated that the technology 
or methodology satisfies those measures; 
‘‘(B) performed a full assessment of the 
costs and benefits of such technology or meth-
odology; and 
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‘‘(C) determined that there is no other 
equally effective and less invasive technology or 
methodology that satisfies those standards. 
‘‘(2) EMERGENCY EXCEPTION.—Paragraph (1) 
shall not apply with respect to use of a technology 
or methodology to address a temporary emergency 
determined by the Secretary.’’. 
(b) APPLICATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendment made by subsection (a) 
shall apply with respect to any use of a security 
technology or methodology after the date of enact-
ment of this Act. 
(2) ADVANCED
IMAGING
TECHNOLOGY
AND 
PAT-DOWN
SEARCHES.—The amendment made by 
subsection (a) shall apply with respect to any use of 
advanced imaging technology or pat-down search (as 
those terms are used in section 44901(l) of title 49, 
United States Code, as amended by this section) for 
the screening of passengers, beginning upon the end 
of the 12-month period beginning on the date of the 
enactment of this Act. 
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SEC. 5. EFFECTIVE DATE. 
Sections 2 and 3 of this Act shall take effect on the 
date that is 30 days after the date of enactment of this 
Act. 
Æ 
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