Screening With Dignity Act
This bill directs the Transportation Security Administration (TSA) to develop procedures to appropriately and respectfully screen self-identified transgender air passengers and passengers traveling with religious headwear or other articles of faith and begin training of all TSA Officers on such procedures.
The TSA must implement protections for such passengers, including (1) prohibiting human viewing of passenger images and conducting pat downs by an officer of the gender requested by the passenger; and (2) ensuring secondary screening measures are no more intrusive than necessary to resolve an alarm or other concern raised by primary screening, including consideration of the sensitivity of the groin, chest, and other body areas and the sensitivity of religious articles of faith such as religious headwear.
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 (including hair) in a manner that is gender neutral; and (2) the impact of imaging technology on transgender passengers, passengers whose religious faith requires them to travel with articles of faith, and passengers traveling with assistive devices.
Additionally, the TSA must identify any policy, procedure, or training changes and complete any testing, certification, and assessment for qualifying additional technology to ensure that any advanced imaging utilized for passenger screening meets certain requirements, including not generating alarms based only on passengers' body parts (including hair), undergarments, or religious headwear.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7430 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7430
To protect the dignity and privacy of transgender and other minority
travelers at airport security checkpoints, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 30, 2020
Miss Rice of New York (for herself, Mr. Cicilline, Ms. Jayapal, Mr.
Lowenthal, Mr. Peters, Ms. Schakowsky, and Mrs. Watson Coleman)
introduced the following bill; which was referred to the Committee on
Homeland Security
_______________________________________________________________________
A BILL
To protect the dignity and privacy of transgender and other minority
travelers 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''.
SEC. 2. TSA SCREENING PROCEDURES AND TRAINING.
(a) Development of Procedures.--
(1) Transgender passengers.--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.
(2) Passengers with religious headwear and other articles
of faith.--Not later than 60 days after the date of the
enactment of this Act, the Administrator shall develop
procedures to appropriately and respectfully screen individuals
traveling with religious headwear or other articles of faith.
In developing such procedures, the Administrator shall take
into consideration the particular needs of persons whose
religious faith requires traveling with articles of faith and
the particular impact of screening on these 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 relevant traveler
populations.
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 in an area with a mirror and with the witness
of the passenger's choice.
(6) That passengers are not required to lift or remove
clothing exposing sensitive areas of the body or to remove
prostheses unless 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) That pat-downs or other secondary screening measures
shall be no more intrusive than necessary to resolve an alarm
or other concern raised by primary screening (including
consideration of less intrusive alternatives such as a self
pat-down with explosive trace detection, a limited pat-down, or
canine detection and consideration of the sensitivity of the
groin, chest, and other body areas and the sensitivity of
religious articles of faith, including religious headwear).
(8) The prohibition of profiling or other discrimination on
the basis of race, color, national origin, religion, age,
disability, genetic information, parental status, or sex
(including on the basis of sexual orientation 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 (including
hair) 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 transgender
and gender nonconforming passengers, passengers whose religious faith
requires them to travel with articles of faith, and passengers
traveling with assistive devices, 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. NEXT GENERATION PASSENGER SCREENING.
(a) Qualification.--No later than 1 year after the date of
enactment of this Act, the Administrator shall identify any policy,
procedure, or training changes and complete any testing, certification,
and assessment for qualifying additional technology (if needed) to
ensure that any advanced imaging technology utilized for passenger
screening, together with any procedures for clearing alarms by such
technology--
(1) does not require or provide for designating passengers
by gender for screening;
(2) does not utilize passenger gender as a factor in its
detection algorithms;
(3) does not generate alarms based only on passengers' body
parts (including hair), undergarments, or religious headwear;
(4) allows for the screening of individuals using assistive
devices such as wheelchairs in a manner no more intrusive than
for other individuals; and
(5) reduces physical pat-downs of passengers to the
greatest degree practicable given currently available screening
methods.
(b) Notification to Congress.--Not later than 60 days after the
completion of the assessment pursuant to subsection (a), the
Administrator shall notify the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate in writing of the results. This
notification shall include--
(1) a list of all advanced imaging technologies, which have
the ability to conduct screening without designating passengers
by gender and do not utilize passenger gender in any detection
algorithms, that qualified;
(2) an analysis of false alarm rates and pat-down rates for
the advanced imaging technologies and procedures listed in
subsection (b)(1), including the false alarm rate for
transgender and gender nonconforming passengers, compared to
current advanced imaging technology and procedures deployed at
TSA checkpoints;
(3) any plans to procure or open an acquisition program of
record for any advanced imaging technology listed in subsection
(b)(1); and
(4) a detailed summary of all policy, procedure, or
training changes adopted or identified pursuant to subsection
(a), and a timeline for implementing any remaining changes.
SEC. 7. 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.
(4) Pat-down.--The term ``pat-down'' means a physical
inspection of a passenger's body, including the inspection of
the head, hair, torso, breasts, groin, buttocks, or other body
parts.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Homeland Security.
Referred to the Subcommittee on Transportation and Maritime Security.
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