	Policy Background

A long-standing challenge for aviation security is the need to reliably detect explosives and bomb-making components concealed under clothing. In 2004, the 9/11 Commission recommended that the Transportation Security Administration (TSA) and Congress give priority to improving the detection of explosives on passengers. History and Development

Since 2007, TSA has been procuring and deploying two competing AIT technologies for screening airline passengers: X-ray backscatter and millimeter wave imaging systems. TSA is currently retrofitting deployed units, and all future millimeter wave systems procured by TSA will come with ATR. TSA currently plans to acquire and deploy a total of 1,800 units throughout the country by the end of FY2014. However, this figure does not reflect the cost per scan because only a small percentage of passengers undergo a whole body scan. Public perceptions of possible health risks associated with X-ray backscatter systems, coupled with technological advances in second-generation millimeter wave systems that will replace human observers with automated threat detection capabilities, may have influenced TSA toward favoring millimeter wave systems over X-ray backscatter systems. The polling data indicate that about 75% to 80% of Americans support the use of AIT at airport checkpoints. Concerns have also been raised over screening individuals with special needs, the effectiveness of the technology, screener staffing requirements, and TSA's deployment strategy. Privacy Concerns

TSA use of AIT has met with objections from privacy advocates, such as the American Civil Liberties Union (ACLU), that have urged Congress to ban the use of whole body imaging technologies as a method for primary screening on the basis that "[p]assengers expect privacy underneath their clothing and should not be required to display highly personal details of their bodies." In FY2011, TSA began installing Automated Target Recognition (ATR) software in its deployed millimeter wave machines, both to allay continuing concerns regarding privacy and to improve screening efficiency. With the introduction of ATR, TSA is working toward the eventual elimination of human image viewers. TSA has not announced whether a similar system will be developed or implemented for X-ray backscatter imagers. This could reduce system-wide operational staffing for AIT systems by as much as one-third. Related Legislation

Although TSA has put in place policies and procedures to address concerns regarding AIT scanning, these measures are not tied to specific statutory mandates and could be modified in the future without legislative action. The Aircraft Passenger Whole-Body Imaging Limitations Act of 2011 ( H.R. The Checkpoint Images Protection Act of 2011 ( H.R. 685 ) would establish penalties for the unauthorized recording or distribution of security screening images, while the Transportation Security Administration Authorization Act of 2011 ( H.R. 3011 ) would require TSA to certify that ATR software is installed on all deployed AIT machines, and that image retention capabilities on all such machines are disabled. Also, the Traveler Screening Act, or the "RIGHTS Act" ( S. 2207 ), would require the TSA Ombudsman's office to better track public complaints about screening, determine best practices to resolve frequent passenger complaints, resolve passenger complaints, and field advance notification calls from individuals with special needs to arrange for accommodation at screening checkpoints.
Responding to the need to reliably detect explosives, bomb-making components, and other potential security threats concealed by airline passengers, the Transportation Security Administration (TSA) has focused on the deployment of whole body scanners as a core element of its strategy for airport checkpoint screening. TSA has deployed about 700 of these scanners, known as whole body imagers (WBI) or advanced imaging technology (AIT), at airports throughout the United States, and plans to have 1,800 in place by the end of FY2014. AIT systems include two technologies: millimeter wave systems and X-ray backscatter systems.
AIT directly addresses specific recommendations and mandates to improve the detection of explosives on passengers. However, the deployment of these systems has generated a number of concerns. Although polling data indicate that the American public generally accepts the use of body scanners for passenger screening, various stakeholders have expressed concerns over privacy, potential health risks, and delays in getting through security. Concerns have also been raised regarding screening individuals with special needs, the overall effectiveness of current technology, screener staffing requirements, and TSA's deployment strategy.
While TSA voluntarily applies a number of privacy measures (such as viewing AIT images remotely and providing alternative pat-down screenings on request), U.S. law does not specifically require these actions. Beyond these existing procedural measures to protect privacy, TSA is working toward the eventual elimination of human image viewers, replacing them with automated target recognition (ATR) technology to detect potential threats. If ATR eliminates the need for most image viewers, as expected, this could reduce TSA staffing requirements. However, this depends to an extent on the alarm rate for ATR, since TSA procedures require alarms to be resolved by labor-intensive pat-down searches.
ATR is currently being deployed on all newly acquired millimeter wave systems and is being retrofitted into already deployed millimeter wave systems. It has not been announced whether a similar system will be implemented for X-ray backscatter imagers. The availability of ATR on millimeter wave units, coupled with continued public perceptions of potential health concerns associated with X-ray backscatter systems, appear to be key factors influencing TSA's approach to focus future acquisitions and deployments on millimeter wave systems.
Bills under consideration in the 112th Congress, including the Aircraft Passenger Whole-Body Imaging Limitations Act of 2011 (H.R. 1279) and the Checkpoint Images Protection Act of 2011 (H.R. 685), address privacy and health safety concerns. Additionally, the Transportation Security Administration Authorization Act of 2011 (H.R. 3011) contains a provision that would require all deployed AIT systems to have ATR capabilities and any image retention capabilities to be disabled. Lastly, the Restoring Integrity and Good-Heartedness in Traveler Screening Act, or the "RIGHTS Act" (S. 2207), would address concerns over the processing of passenger complaints regarding TSA procedures and improve assistance to passengers needing special accommodations at screening checkpoints.