Title: Screening With Dignity Act of 2018
Policy area: Transportation and Public Works

Summary:
Screening With Dignity Act of 2018
This bill directs the Transportation Security Administration (TSA) to develop procedures to appropriately and respectfully screen self-identified transgender air passengers and begin training of all TSA Officers on such procedures.
The TSA must implement protections for transgender passengers including prohibiting human viewing of passenger images and conducting pat-downs by an officer of the gender requested by the passenger.
The TSA shall separately study and report on: (1) the cost and feasibility of retrofitting advanced image technology screening equipment to distinguish between foreign objects and human body parts in a manner that is gender neutral, and (2) the impact of imaging technology on transgender passengers.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6659 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6659

  To improve the screening of transgender persons at airport security 
                  checkpoints, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 7, 2018

Miss Rice of New York (for herself, Mrs. Watson Coleman, Mr. Grijalva, 
Ms. Jackson Lee, Ms. Norton, Mr. Sean Patrick Maloney of New York, Mr. 
  Pallone, Mr. Crist, Mr. Cicilline, Mr. Lowenthal, Ms. Hanabusa, Mr. 
 Nadler, Ms. Jayapal, Mr. Kilmer, Mr. Peters, and Ms. Lee) introduced 
  the following bill; which was referred to the Committee on Homeland 
                                Security

_______________________________________________________________________

                                 A BILL


 
  To improve the screening of transgender persons at airport security 
                  checkpoints, 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 ``Screening With Dignity Act of 
2018''.

SEC. 2. TSA SCREENING PROCEDURES AND TRAINING.

    (a) Development of Procedures.--Not later than 60 days after the 
date of the enactment of this Act, the Administrator shall develop 
procedures to appropriately and respectfully screen self-identified 
transgender passengers. In developing such procedures, the 
Administrator shall take into consideration the particular needs of 
persons whose gender identity is different or is perceived to be 
different from their assigned sex at birth and the particular impact of 
screening on transgender passengers as opposed to the general 
population of passengers.
    (b) Training of TSOs and Implementation of Procedures.--Not later 
than 90 days after the date of the enactment of this Act, the 
Administrator shall begin conducting in-person training of all 
Transportation Security Officers on the screening procedures developed 
under subsection (a) and shall implement such procedures. Such training 
shall be designed and, wherever practicable, delivered with the 
participation of community groups representing the transgender traveler 
population.

SEC. 3. PROTECTION OF PASSENGERS.

    The Administrator shall take such steps as may be necessary to 
ensure each of the following with respect to passenger screening:
            (1) The prohibition on human viewing of individual 
        passenger images.
            (2) The prohibition on retention of individual passenger 
        image data.
            (3) That passengers are provided with an alternative to 
        advanced imaging technology scans.
            (4) That pat-downs of passengers are required to be 
        conducted by an officer of the gender requested by the 
        passenger.
            (5) That each passenger is provided with the option of a 
        private screening with the witness of the passenger's choice.
            (6) That passengers are only required to lift or remove 
        clothing exposing sensitive areas of the body or to remove 
        prostheses when no less intrusive screening method is available 
        and the passenger is provided with visual privacy via a drape 
        or other means in a private screening area.
            (7) The prohibition of profiling or other discrimination on 
        the basis of race, color, national origin, sex, religion, age, 
        disability, genetic information, sexual orientation, parental 
        status, or gender identity.

SEC. 4. REPORT ON SCREENING EQUIPMENT.

    (a) Study.--Not later than 180 days after the date of the enactment 
of this Act, the Administrator shall conduct a study on the cost and 
feasibility of retrofitting advanced image technology screening 
equipment, or of developing new such equipment, with the capability to 
distinguish between foreign objects and human body parts in a manner 
that is effectively gender neutral or which operates in some other 
gender neutral manner.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator shall submit to the Committee 
on Homeland Security of the House of Representatives, the Committee on 
Commerce, Science, and Transportation of the Senate, and the 
Comptroller General of the United States a report containing the 
results of the study conducted under subsection (a).

SEC. 5. REPORT ON ADVANCED IMAGING TECHNOLOGY.

    (a) Study.--Not later than 180 days after the date of the enactment 
of this Act, the Administrator shall conduct a study that evaluates the 
particular impact that advanced imaging technology has on self-
identified transgender and gender nonconforming passengers as opposed 
to the general population of passengers. Such study shall include an 
examination of instances since 2010 in which a self-identified 
transgender or gender nonconforming passenger was required to undergo 
an additional screening procedure after screening with advanced imaging 
technology resulted in an alarm.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator shall submit to the Committee 
on Homeland Security of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a report 
containing the results of the study conducted under subsection (a). 
Such report shall include recommendations to reduce any particular 
impact of screening on transgender passengers and involve the 
consultation and input of community groups representing the transgender 
traveler population.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Transportation Security Administration.
            (2) Advanced imaging technology.--The term ``advanced 
        imaging technology'' has the meaning given the term in section 
        826(l)(1)(A) of the FAA Modernization and Reform Act of 2012 
        (49 U.S.C. 44901(l)(1)(A)).
            (3) Gender identity.--The term ``gender identity'' means 
        the gender-related identity, appearance, mannerisms, or other 
        gender-related characteristics of an individual, regardless of 
        the individual's designated sex at birth.
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