I 
111TH CONGRESS 
1ST SESSION H. R. 2027 
To amend title 49, United States Code, to establish limitations on the use 
of whole-body imaging technology for aircraft passenger screening, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 22, 2009 
Mr. CHAFFETZ introduced the following bill; which was referred to the Com-
mittee on Homeland Security, and in addition to the Committee on the 
Judiciary, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To amend title 49, United States Code, to establish limita-
tions on the use of whole-body 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 2009’’. 
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SEC. 2. LIMITATIONS ON USE OF WHOLE-BODY IMAGING 
TECHNOLOGY 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 WHOLE-BODY IMAG-
ING TECHNOLOGY FOR SCREENING PASSENGERS.— 
‘‘(1) IN GENERAL.—The Assistant Secretary of 
Homeland Security (Transportation Security Admin-
istration) shall ensure that whole-body imaging tech-
nology is used for the screening of passengers under 
this section only in accordance with this subsection. 
‘‘(2) PROHIBITION
ON
USE
FOR
ROUTINE 
SCREENING.—Whole-body imaging technology may 
not be used as the sole or primary method of screen-
ing a passenger under this section. Whole-body im-
aging technology may not be used to screen a pas-
senger under this section unless another method of 
screening, such as metal detection, demonstrates 
cause for preventing such passenger from boarding 
an aircraft. 
‘‘(3) PROVISION
OF
INFORMATION.—A pas-
senger for whom screening by whole-body imaging 
technology is permissible under paragraph (2) shall 
be provided information on the operation of such 
technology, on the image generated by such tech-
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nology, on privacy policies relating to such tech-
nology, and on the right to request a pat-down 
search under paragraph (4) prior to the utilization 
of such technology with respect to such passenger. 
‘‘(4) PAT-DOWN SEARCH OPTION.—A passenger 
for whom screening by whole-body imaging tech-
nology is permissible under paragraph (2) shall be 
offered a pat-down search in lieu of such screening. 
‘‘(5) PROHIBITION
ON
USE
OF
IMAGES.—An 
image of a passenger generated by whole-body imag-
ing technology may not be stored, transferred, 
shared, or copied in any form after the boarding de-
termination with respect to such passenger is made. 
‘‘(6) REPORT.—Not later than one year after 
the date of enactment of this section, and annually 
thereafter, the Assistant Secretary shall submit to 
Congress a report containing information on the im-
plementation of this subsection, on the number of 
passengers for whom screening by whole-body imag-
ing technology was permissible under paragraph (2) 
as a percentage of all screened passengers, on the 
number of passengers who chose a pat-down search 
when presented the offer under paragraph (4) as a 
percentage of all passengers presented such offer, on 
privacy protection measures taken with respect to 
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whole-body imaging technology, on privacy violations 
that occurred with respect to such technology, and 
on the effectiveness of such technology. 
‘‘(7) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) PAT-DOWN SEARCH.—The term ‘pat- 
down search’ means a physical inspection of the 
body of an aircraft passenger conducted in ac-
cordance with the Transportation Security Ad-
ministration’s standard operating procedure as 
described in the Transportation Security Ad-
ministration’s official training manual. 
‘‘(B) 
WHOLE-BODY
IMAGING
TECH-
NOLOGY.—The term ‘whole-body imaging tech-
nology’ means a device, including a device using 
backscatter x-rays or millimeter waves, used to 
detect objects carried on individuals and that 
creates a visual image of the individual’s full 
body, showing the surface of the skin and re-
vealing 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: 
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‘‘§ 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 
image in violation of section 44901(l)(5) of title 49, 
United States Code, shall be fined under this title or im-
prisoned not more than three years, or both.’’. 
(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. 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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