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Code · STATUTE-COMPILATIONS · FAA Modernization and Reform Act of 2012 · Sec. 826

Sec. 826. PRIVACY PROTECTIONS FOR AIR PASSENGER SCREENING WITH ADVANCED IMAGING TECHNOLOGY

652 words·~3 min read·/statute-compilations/comps-9829/sec-826

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## SEC. 826 PRIVACY PROTECTIONS FOR AIR PASSENGER SCREENING WITH ADVANCED IMAGING TECHNOLOGY Section 44901 is amended by adding at the end the following: > > ### “(l) Limitations on Use of Advanced Imaging Technology for Screening Passengers > > > #### “(1) Definitions > > In this subsection, the following definitions apply: > > > ##### “(A) Advanced imaging technology > > The term ‘advanced imaging technology’— > > > ###### “(i) > > means a device used in the screening of passengers that creates a visual image of an individual showing the surface of the skin and revealing other objects on the body; and > > > ###### “(ii) > > may include devices using backscatter x-rays or millimeter waves and devices referred to as ‘whole-body imaging technology’ or ‘body scanning machines’. > > > ##### “(B) Appropriate congressional committees > > The term ‘appropriate congressional committees’ means— > > > ###### “(i) > > the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and > > > ###### “(ii) > > the Committee on Homeland Security of the House of Representatives. > > > ##### “(C) Automatic target recognition software > > The term ‘automatic target recognition software’ means software installed on an advanced imaging technology that produces a generic image of the individual being screened that is the same as the images produced for all other screened individuals. > > > #### “(2) Use of advanced imaging technology > > Beginning June 1, 2012, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall ensure that any advanced imaging technology used for the screening of passengers under this section— > > > ##### “(A) > > is equipped with and employs automatic target recognition software; and > > > ##### “(B) > > complies with such other requirements as the Assistant Secretary determines necessary to address privacy considerations. > > > #### “(3) Extension > > > ##### “(A) In general > > The Assistant Secretary may extend the deadline specified in paragraph (2), if the Assistant Secretary determines that— > > > ###### “(i) > > an advanced imaging technology equipped with automatic target recognition software is not substantially as effective at screening passengers as an advanced imaging technology without such software; or > > > ###### “(ii) > > additional testing of such software is necessary. > > > ##### “(B) Duration of extensions > > The Assistant Secretary may issue one or more extensions under subparagraph (A).
The duration of each extension may not exceed one year. > > > #### “(4) Reports > > > ##### “(A) In general > > Not later than 60 days after the deadline specified in paragraph (2), and not later than 60 days after the date on which the Assistant Secretary issues any extension under paragraph (3), the Assistant Secretary shall submit to the appropriate congressional committees a report on the implementation of this subsection. > > > ##### “(B) Elements > > A report submitted under subparagraph
(A)shall include the following: > > > ###### “(i) > > A description of all matters the Assistant Secretary considers relevant to the implementation of the requirements of this subsection. > > > ###### “(ii) > > The status of compliance by the Transportation Security Administration with such requirements. > > > ###### “(iii) > > If the Administration is not in full compliance with such requirements— > > > ###### “(I) > > the reasons for the noncompliance; and > > > ###### “(II) > > a timeline depicting when the Assistant Secretary expects the Administration to achieve full compliance. > > > ##### “(C) Security classification > > To the greatest extent practicable, a report prepared under subparagraph
(A)shall be submitted in an unclassified format. If necessary, the report may include a classified annex.” > .
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