FAA Transportation Modernization and Safety Improvement Act

Floor Speech

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Mr. NELSON of Nebraska. Mr. President, I thank my colleague, the chairman, for this opportunity to discuss an amendment to the FAA reauthorization bill which I will be offering shortly. We are currently working with the minority on some language changes. This amendment will be proposed before long. When it is, I will be seeking a rollcall vote.

The amendment, which I propose along with Senators Schumer, Akaka, Menendez, Whitehouse, Tester, and Shaheen, would make it a crime to photograph, record, or distribute a body scan image taken by a body scan imaging machine at either an airport or any Federal building without express authorization to do so either by law or regulation. I have heard from many Nebraskans who are concerned that the use of body scan imaging machines is overly invasive and their privacy is being ignored. I, too, share these concerns. This isn't an abstract concern. According to news reports, the U.S. Marshals Service acknowledged last year that some 35,000 images from a body scanner at a security checkpoint at a Florida courthouse had been saved. That is despite promises from Federal agencies that these images would not be stored. One hundred of the saved images were leaked, and some are now online for anyone to view. So an invasion of privacy has already occurred.

Nebraskans and the American people understand that every step needs to be taken and every resource needs to be used to ensure the safety of our citizenry. Using technology to scan individuals for hidden weapons is a necessary, albeit sometimes unpleasant, aspect of making sure our airways and public buildings are safe. However, in the scope of doing such things, safeguards can and must be put in place to help deter individuals from collecting and using those images inappropriately. This is the goal of the amendment I and my colleagues are offering.

I am well aware Transportation Security Agency officials have said the agency will not keep, store, or transmit images, but that has not and doesn't ensure compliance. If passing laws or directives ensured compliance, there would be no speeders in America. What is needed is additional consequences to make anyone considering keeping, storing, or transmitting these scanned images think twice about the fact that they will be committing a felony. If the consequence is enough of a deterrent, we will have better compliance and the privacy of every American will be better protected.

Let me explain specifically what the amendment does. One, it makes it illegal to photograph, record, and subsequently distribute the images taken by body scan machines in an airport or any Federal building.

Two, it imposes a penalty of up to 1 year in prison and up to a $100,000 fine for those who inappropriately collect and distribute these images.

Three, it says that any individual who is acting within the course and scope of their employment is not breaking the law by saving these images or sending them if the purpose for doing so is to use these images in a criminal investigation or prosecution.

By adopting this amendment, we will be telling the American people and my constituents that we are not going to ignore or compromise their privacy in the process of making sure we have safe airports and Federal buildings. Our amendment takes a commonsense approach to addressing this issue and why I am seeking its inclusion in the FAA authorization.

I thank the chairman and yield the floor.

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