HCR 8 – AS INTRODUCED
2011 SESSION
03/09
HOUSE CONCURRENT RESOLUTION 8
A RESOLUTION urging the Transportation Security Administration to terminate recent changes to pat down search procedures and urging Congress and the President to change or discontinue the use of advanced imaging technology at airports.
SPONSORS: Rep. Ulery, Hills 27; Rep. Renzullo, Hills 27; Rep. Kurk, Hills 7
COMMITTEE: State-Federal Relations and Veterans Affairs
This resolution urges the Transportation Security Administration to terminate recent changes to its procedure for conducting pat down searches at airport checkpoints and urges Congress and the President to address certain concerns raised by advanced imaging technology employed at airports or to discontinue their use.
11-0545
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
A RESOLUTION urging the Transportation Security Administration to terminate recent changes to pat down search procedures and urging Congress and the President to change or discontinue the use of advanced imaging technology at airports.
Whereas, the Transportation Security Administration (TSA) is an agency of the federal government charged with protecting the nation’s transportation systems to ensure freedom of movement for people and commerce; and
Whereas, the TSA is responsible for screening airline passengers and personnel for weapons, explosives, and other contraband that pose a threat to airport security and the safety of the general public; and
Whereas, current TSA screening policy requires that airline passengers and personnel either pass through advanced-image technology scanners, or otherwise elect to undergo a pat down search administered by TSA employees; and
Whereas, advanced imaging technology, also known as full-body scanners, produces detailed images of air travelers’ naked bodies which are reviewed by TSA employees for evidence of certain prohibited items and substances; and
Whereas, these full-body scans appear to intrude upon personal privacy rights and may violate the Fourth Amendment of the United States Constitution and part 1, article 19 of the New Hampshire constitution, both of which specifically protect citizens from unreasonable searches and seizures; and
Whereas, full-body scans may also violate the Religious Freedom Restoration Act by requiring persons with strongly held religious beliefs about personal modesty to submit to the intrusive imaging, or should the person object to full-body scanning, an enhanced pat down that requires the TSA agent to contact the person’s genitals, and these methods have been publicly rejected by religious leaders of a variety of faiths; and
Whereas, many airline passengers and personnel find advanced-image technology scanners overly invasive and, therefore, prefer the alternative option of undergoing a pat down search; and
Whereas, as a matter of nationwide policy, the TSA on October 28, 2010 began implementing new pat down procedures that involve a more intrusive, full-body search, during which TSA personnel make physical contact with sensitive areas of the body; and
Whereas, these new procedures are potentially offensive and humiliating to every individual upon whom they are imposed and, indeed, particularly egregious in their application to women, children, and disabled members of our society; and
Whereas, reports have indicated that in some instances overzealous TSA employees have carried out these new procedures in a manner sufficiently aggressive to rise to the level of an inappropriate invasion of personal privacy, from which an individual would ordinarily be protected under the laws of this state; and
Whereas, the effectiveness of advanced imaging technology to detect prohibited substances more reliably than existing technology and security measures has not been sufficiently proven; and
Whereas, full-body scans subject the traveling public to radiation in order to generate the image, the potential health consequences of which have not been fully explored, especially the impact on frequent fliers, flight crews, pregnant women, and children; and
Whereas, advanced imaging technology may present real risks to New Hampshire citizens, and it is therefore fitting and proper that the general court call upon the President and Congress of the United States to immediately address these concerns, and if they cannot be satisfactorily addressed, to discontinue their use; and
Whereas, encouraging travel by ensuring the right of individuals to move about without fear of undue invasions of privacy is essential to preserving a free society, safeguarding the flow of commerce, and sustaining good will among nations; and
Whereas, the new pat down procedures implemented by the TSA have, to the contrary, discouraged travel by creating fear of physical intrusions of the person; now, therefore, be it
Resolved by the House of Representatives, the Senate concurring:
That the general court of New Hampshire urges the Transportation Security Administration to immediately terminate its use of the new pat down search procedures that were adopted on October 28, 2010, and resume conducting pat down searches in accordance with the procedures that were in place prior thereto; and
That the general court of New Hampshire respectfully urges the President and Congress of the United States to immediately address the serious privacy, constitutional, safety, and religious freedom concerns presented by advanced imaging technology employed by Transportation Security Agency employees at the nation’s airports; and if these concerns cannot be satisfactorily addressed, urges the discontinuation of their use; and
That copies of this resolution be forwarded to the President and Vice President of the United States, the Majority and Minority Leaders of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, and every member of Congress elected from this state.