PRIOR PRINTER'S NO. 62

PRINTER'S NO.  3514

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE RESOLUTION

 

No.

16

Session of

2011

  

  

INTRODUCED BY TALLMAN, METCALFE, DENLINGER, KORTZ, READSHAW, SCAVELLO, STEVENSON AND SWANGER, JANUARY 20, 2011

  

  

AS AMENDED, HOUSE OF REPRESENTATIVES, MAY 9, 2012   

  

  

  

A RESOLUTION

  

1

Memorializing Congress to address concerns raised by security

2

screening methods employed by the Transportation Security

3

Administration.

4

WHEREAS, The Transportation Security Administration (TSA) was

5

created by Congress in 2001 to protect the nation's

6

transportation systems to ensure freedom of movement for people

7

and commerce; and

8

WHEREAS, The TSA is responsible for security at our nation's

9

airports, including the screening of commercial airline

10

passengers and baggage; and

11

WHEREAS, The TSA has demonstrated at multiple times and

12

locations its inability to successfully detect potential

13

threats; and

14

WHEREAS, The TSA has begun to employ advanced imaging

15

technology, which produces detailed images of passengers' naked

16

bodies for review by a TSA employee; and

17

WHEREAS, Airline passengers who object to the use of advanced

18

imaging technology are subject to thorough pat-downs that

- 1 -

 


1

require TSA employees to touch sensitive areas of a passenger's

2

body; and

3

WHEREAS, Passengers, including children, may be required to

4

subject themselves to either or both of these procedures as a

5

condition of boarding a commercial aircraft; and

6

WHEREAS, The use of advanced imaging technology and pat-downs

7

are potentially offensive and humiliating to every individual

8

that they are imposed upon; and

9

WHEREAS, These procedures appear to intrude upon personal

10

privacy rights and may violate the Fourth Amendment to the

11

Constitution of the United States and Article I, Section 8 of

12

the Constitution of Pennsylvania; therefore be it

13

RESOLVED, That the Pennsylvania House of Representatives

14

memorialize Congress to exercise a greater degree of oversight

15

on the TSA and by establishing an independent review board to

<--

16

monitor safety issues concerning advanced imaging technology and

17

its use and implementation of security procedures by the TSA and

18

to make regular recommendations to Congress; and be it further

19

RESOLVED, That the Pennsylvania House of Representatives

20

memorialize Congress to amend the Homeland Security Act of 2002

21

(Public Law 107-296, 116 Stat. 2135), to subject TSA advanced

22

imaging technology to the same safety regulation by state

23

agencies as other radiation-emitting devices; and be it further

24

RESOLVED, That the Pennsylvania House of Representatives

25

memorialize Congress to place greater restrictions on the

26

airport screening procedures employed by that agency, with

27

specific concern about the privacy of law-abiding individuals;

28

and be it further

29

RESOLVED, That Congress is urged to limit the use of advanced

30

imaging technology and pat-downs by TSA employees to situations

- 2 -

 


1

where the person being searched is under arrest, a search

2

warrant has been issued to search a specific person or probable

3

cause exists to search a specific person; and be it further

4

RESOLVED, That copies of this resolution be transmitted to

5

the President of the United States Senate, the Speaker of the

6

United States House of Representatives, the Majority Leader of

7

the United States Senate, the Minority Leader of the United

8

States Senate, the Majority Leader of the United States House of

9

Representatives, the Minority Leader of the United States House

10

of Representatives and every member of Congress elected from

11

Pennsylvania.

- 3 -