I 
112TH CONGRESS 
2D SESSION 
H. R. 6449 
To establish an air travelers’ bill of rights, to implement those rights, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 20, 2012 
Mr. POE of Texas (for himself, Mr. BARTLETT, Mr. BURTON of Indiana, Mr. 
WALSH of Illinois, Mr. ROSS of Florida, Mr. POSEY, Mr. DUNCAN of 
South Carolina, and Mr. PEARCE) introduced the following bill; which 
was referred to the Committee on Homeland Security 
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 Representa-
tives 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 pro-
gram. 
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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 mean-
ing given that term in section 44901(l) of title 49, 
United States Code. 
(2) AIR
TRANSPORTATION.—The term ‘‘air 
transportation’’ means air transportation and intra-
state air transportation (as those terms are defined 
in section 40102 of title 49, United States Code). 
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ 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 In-
frastructure of the House of Representatives. 
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(4) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of 
Homeland Security (Transportation Security Admin-
istration). 
(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 com-
mercial 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— 
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(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 de-
part from an airport that has the freedom to choose 
to have screening conducted by employees of a pri-
vate security screening company or Federal employ-
ees, 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 re-
cording devices approved by the Transportation Se-
curity Administration for that purpose. 
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(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 proce-
dures 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 ad-
vanced imaging technology multiple times; or 
(B) the individual conducting the screening 
has a specific reason to suspect that the pas-
senger 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 
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than the palm, of the hand of the individual con-
ducting 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 un-
less the individual conducting the screening has a 
high degree of suspicion that the passenger is car-
rying 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 proc-
ess maintained; and 
(B) to have all copies of any such image 
(other than a video recording described in para-
graph (4) or generated by a surveillance cam-
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era) deleted immediately after the passenger is 
cleared to enter the sterile area of the airport. 
(14) A passenger has the right to have the pas-
senger’s baggage inspected— 
(A) by an individual conducting the inspec-
tion under the supervision of another individual; 
or 
(B) in an area visible to passengers or re-
corded by a surveillance camera. 
(15) A passenger has the right to be screened— 
(A) by individuals who are subject to liabil-
ity 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 indi-
vidual who conducted the screening. 
(17) A passenger who is removed from or de-
tained during the screening process has the right to 
contact an attorney promptly. 
(c) DISTRIBUTION.—The Assistant Secretary shall— 
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(1) post the air travelers’ bill of rights on the 
website of the Transportation Security Administra-
tion; 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 Sec-
retary’’ the first place it appears and inserting ‘‘As-
sistant Secretary (Transportation Security Adminis-
tration) (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 fol-
lows: 
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‘‘(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 air-
ports with more than 250,000 passenger boardings 
annually; 
(2) not later than 2 years after such date of en-
actment, to all commercial service airports with 
more than 100,000 passenger boardings annually; 
and 
(3) not later than 3 years after such date of en-
actment, to any other commercial service airport the 
operator of which requests to have PreCheck ex-
panded 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 Ca-
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nine Team Program of the Transportation Security Ad-
ministration 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 en-
sure that at least one canine team can be tasked exclu-
sively 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 sub-
section (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 sub-
section (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 screen-
ing location. 
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(d) TREATMENT OF PRIVATE SECURITY SCREENING 
COMPANIES.—If screening at an airport described in sub-
section (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 pri-
vate 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 pursu-
ant to subsection (a); 
(2) the barriers, if any, to the full implementa-
tion of this section; 
(3) an assessment of the impact of the imple-
mentation 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 identi-
fying suspicious items. 
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SEC. 7. PROHIBITION ON USE OF RANDOM COMPUTER-GEN-
ERATED SCREENING. 
(a) IN GENERAL.—On and after the date of the en-
actment of this Act, passengers traveling in air transpor-
tation 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 ran-
domly 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 pas-
sengers to be screened. 
(b) CERTIFICATION.—Not later than 30 days after 
the date of the enactment of this Act, the Assistant Sec-
retary shall certify to Congress that no devices described 
in subsection (a) are in use at any commercial service air-
port. 
SEC. 8. LIMITATIONS ON SCREENING USING PAT-DOWNS. 
Not later than 30 days after the date of the enact-
ment 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 
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carrying items that are prohibited in the sterile area 
of the airport; 
(2) any other passenger using a pat-down un-
less— 
(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 ad-
vanced imaging technology multiple times; or 
(C) the individual conducting the screening 
has a specific reason to suspect that the pas-
senger 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 con-
ducting 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 trav-
eling in air transportation who is screened at a commercial 
service airport and uses a prosthetic limb, a breast pump, 
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adult diapers, a wheelchair, an insulin pump, or any other 
medical device that requires special accommodations dur-
ing 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 Sec-
retary shall prescribe regulations to ensure that any indi-
vidual employed by the Transportation Security Adminis-
tration 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 Adminis-
tration; 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. 
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SEC. 10. LIABILITY OF MANUFACTURERS OF ADVANCED IM-
AGING TECHNOLOGY. 
Section 865 of the Support Anti-Terrorism by Fos-
tering Effective Technologies Act of 2002 (6 U.S.C. 444) 
is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘For purposes of this sub-
title, 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 ac-
quired on or after the date of the enact-
ment 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 
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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 enact-
ment 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 Secu-
rity Administration on the day before such date of enact-
ment. 
SEC. 12. PASSENGER PRIVACY PROTECTION AWARD. 
(a) IN GENERAL.—The Assistant Secretary shall pro-
vide an award (to be known as the ‘‘Passenger Privacy 
Protection Award’’) for improving the privacy of pas-
sengers at airports each year to— 
(1) not fewer than two and not more than four 
primary airports; and 
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(3) Advancement and promotion of passengers’ 
rights. 
(d) APPLICATIONS.—Except as provided in sub-
section (e)(1)(B), an airport or individual seeking a Pas-
senger Privacy Protection Award shall submit an applica-
tion 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, includ-
ing— 
(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 submis-
sion 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.— 
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(1) IN GENERAL.—Section 44945 of title 49, 
United States Code is amended to read as follows: 
‘‘§ 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 un-
claimed money shall be retained by the Transpor-
tation Security Administration during fiscal year 
2013 and each fiscal year thereafter to provide Pas-
senger 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 Treas-
ury and used for deficit reduction.’’. 
(2) DISTRIBUTION OF AWARD.—Of the amount 
made available to the Assistant Secretary under sec-
tion 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 
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(B) not more than $5,000 may be used to 
provide a Passenger Privacy Protection Award 
to an individual. 
Æ 
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