Senator Susan Collins, ranking Republican on the Homeland Security and Governmental Affairs Committee, and a bipartisan group of her colleagues today introduced legislation to require an independent study of backscatter x-ray scanners and to require signs to alert travelers they have screening alternatives other than the backscatter machines.
Senators Daniel Akaka (D-Hawaii), Carl Levin (D-Mich.), Tom Coburn (R-Okla.), and Scott Brown (R-Mass.) - all members of the Committee -- joined Senator Collins as cosponsors of the legislation.
The bill would require the Department of Homeland Security's Science and Technology Directorate, in consultation with the National Science Foundation, to commission an independent study on the possible health effects of the x-ray radiation emitted by some of the scanning machines in airports. Second, it would give airline passengers, especially those passengers in sensitive groups, such as pregnant women, clear notice of their ability to choose another screening option in lieu of exposure to ionizing radiation.
In a November hearing of the Homeland Security and Governmental Affairs Committee, TSA Administrator John Pistole agreed to initiate an independent study on the health effects of backscatter Advanced Imaging Technology (AIT) machines. But about a week later, however, the Administrator told the Senate Commerce Committee that a forthcoming report by the Department of Homeland Security's Inspector General would likely be a sufficient substitute.
"I have urged TSA to move toward only radiation-free screening technology," said Senator Collins in remarks on the Senate floor. "In the meantime, an independent study is needed to protect the public and to determine what technology is worthy of taxpayer dollars. In the meantime, surely passengers should be well informed of their screening options. Signs should be placed in such a way that passengers understand and can decide if they want to go through the machines or request alternative screening."
The full text of the Senator's remarks are below:
Mr. President, I rise today to introduce legislation aimed at ensuring that the health of American travelers is not placed at possible risk as our airport security technology evolves.
I am pleased Senators Akaka, Levin, Coburn, and Scott Brown are cosponsoring this bill.
Our bill has two major components. First, it would require the Department of Homeland Security's Science and Technology Directorate, in consultation with the National Science Foundation, to commission an independent study on the possible health effects of the x-ray radiation emitted by some of the scanning machines we see and pass through in airports. And second, it would give airline passengers, especially those passengers in sensitive groups, such as pregnant women, clear notice of their ability to choose another screening option in lieu of exposure to ionizing radiation.
Some Advanced Imaging Technology or AIT machines rely on x-ray backscatter technology, and I have expressed my concerns over their use time and again. While TSA has repeatedly told the public that the amount of radiation emitted from these machines is small, passengers and scientific experts have raised questions about the impact of repeated exposure to this radiation.
Last November, during a hearing on Aviation Security before the Homeland Security and Governmental Affairs Committee, TSA Administrator Pistole agreed to my call for an independent study to address the lingering health concerns and questions about this additional exposure to radiation. Shortly thereafter, however, he appeared to back away from this commitment, suggesting that a forthcoming report by the Department of Homeland Security's Inspector General might be a sufficient substitute for a new, independent study.
Chairman Lieberman and I wrote to Administrator Pistole to press for details about TSA's plans for an independent study. Two weeks later, having received no reply, I sent another letter to Administrator Pistole asking why he believed the IG report on TSA's use of backscatter machines was a sufficient substitute for an independent health study. TSA's response lacked any detail as to why the agency no longer believes an independent study on the health effects of x-ray backscatter machines is warranted, nor did it explain how the IG's review would be a sufficient substitute for such a study. This is why I have decided it is necessary to introduce this bill today.
Late last year, the European Commission announced that, "in order not to risk jeopardizing citizens' health and safety," it would only authorize the use of passenger scanners in the European Union that "do not use x-ray technology." This prohibition gives even more impetus to the need for an independent study of the safety of such AIT machines.
Scientific experts have warned Congress and the Administration of the potential public health risks posed by the x-ray backscatter machines. They note that, while the risk that someone might develop cancer because of their exposure to radiation during one screening by such an AIT machine is very small, we do not truly know the risk of this radiation exposure over multiple screenings, for frequent fliers, those in vulnerable groups, or TSA employees operating these machines.
When a person is scanned by these machines they receive a dose of radiation -- what experts in the field call a direct dose. During the scan, some of the radiation is not absorbed but scattered in random directions from the person being scanned. Experts call this the "scatter dose." Some experts point to anomalies between the scatter dose reportedly associated with these scanners and the scatter dose associated with comparable medical technology. Specifically, the scatter doses for these AIT machines are higher in relative terms than scatter doses for comparable medical devices. What is troubling is that the experts are not sure why the AIT scatter doses are higher. They point to possible deficiencies with the testing equipment, or the poor placement of the testing equipment, as potential explanations. Overall they say that this anomaly could point to higher direct dose rates and should be another impetus for an independent study.
Additionally, some experts note that the safety mechanisms in these machines that would prevent them from malfunctioning have not been independently tested. This means that, if a machine malfunctions and the safety features designed to shut the machine down in such an instance do not work, a traveler could receive a higher dose of radiation.
Pregnant women, children, the elderly -- and as much as five percent of the adult population -- are more sensitive to radiation exposure. At a minimum, this suggests the need for further, independent study.
Mr. President, I want to share with my colleagues a tragic episode involving the daughter of two of my constituents. She underwent screening with backscatter x-ray AIT. She was pregnant and directed by TSA to a line for a backscatter x-ray AIT machine. She was not aware that she was entering an x-ray emitting machine before stepping into it. She thought it was the more traditional magnetometer.
Afterwards, she was distressed to know that she had exposed her unborn child to x-ray radiation. Had she realized this ahead of time, she would have opted for alternative screening methods. Only two weeks later, she suffered a miscarriage, which she attributes to the radiation she received from the AIT scan. We will never know for certain the cause of this family's loss. But they believe in their hearts the backscatter is to blame. Clearly, this young woman should have been informed by a prominent sign that an alternative means of screening was available.
That's why my bill also requires TSA to have larger, understandable signs at the beginning of the screening process - not later when it is only noticed, if at all, after a lengthy wait in line. Signs should alert passengers that pregnant women, children, and the elderly can be more sensitive to such exposure. The signs should also make clear that passengers can opt out of this type of scanning.
I have urged TSA to move toward using only radiation-free screening technology. In the meantime, an independent study is needed to protect the public and to determine what technology is worthy of taxpayer dollars. Surely passengers should be well informed of their screening options. Signs should be placed in such a way that passengers understand and can decide if they want to go through the machines or request alternative screening.
We Americans have demonstrated our willingness to endure enhanced security measures at our airports -- if those measures appear reasonable and related to the real risks. But travelers become frustrated when security measures inconvenience them without cause, cause privacy or health concerns, or when they appear to be focused on those who pose no threat. On this particular issue, Senators Akaka, Levin, Coburn, Scott Brown, and I agree that we are past the time when an independent review of the scanning technology should have been undertaken. I urge my colleagues to join us in quickly passing this legislation.
Copyright 2012 Federal Information and News Dispatch, Inc.