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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.
Output:
Securing Aircraft From Explosives Responsibly: Advanced Imaging Recognition Act of 2010 or SAFER AIR Act of 2010 - Expresses the sense of Congress that the Department of Homeland Security (DHS) should: (1) increase efforts to address privacy concerns regarding the screening of passengers using advanced imaging technology at airports; and (2) conduct additional testing of advanced imaging technology; and (3) deploy technology to standardize images, remove personally identifying characteristics, while providing transportation security officers with necessary information, and upgrade equipment to detect new threats without major capital expenditures.

Declares it to be U.S. policy to aggressively seek, develop, and timely deploy 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 used, such as metal detectors.

Directs the Secretary to ensure that advanced imaging technology and other advanced technology with capability to detect weapons, on-body plastic explosives, and other nonmetallic explosives are timely deployed for the primary screening of aircraft passengers. Requires the Secretary to provide passengers with an option for primary screening other than the use of such technologies.

Requires all advanced imaging technology equipment used at airport checkpoints to be configured so that passenger: (1) images are not retained; and (2) facial features are blurred, while allowing detection of individual on-body threats. Prohibits DHS employees from having cameras or cell phones present while viewing such images. Requires such employees to communicate with other DHS employees using a wireless headset or another comparable method of communication that does not allow for the transmission of the image.