New Jersey-2014-SCR60-Introduced

A Concurrent Resolution urging Congress and the President to address certain concerns raised by advanced imaging technology employed at airports or to discontinue their use.

Whereas, In a September 2010 press release, Department of Homeland Security Secretary Janet Napolitano announced that the Transportation Security Agency (TSA) would increase the use of advanced imaging technology at airports around the country including Newark Liberty International in Newark, New Jersey; and

Whereas, This 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 Article I, paragraph 7 of the New Jersey 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, 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, Furthermore, 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 Jersey citizens, and it is therefore fitting and proper that the Legislature 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; now, therefore,

Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

1. The Legislature of this State 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.

2. Duly authenticated copies of this resolution, signed by the President of the Senate and Speaker of the General Assembly and attested by the Secretary of the Senate and the Clerk of the General Assembly, shall be transmitted 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.

STATEMENT

This resolution urges Congress and the President of the United States to immediately address the serious privacy, constitutional, safety, and religious freedom concerns raised by advanced imaging technology used by Transportation Security Agency employees at the nation's airport. If these concerns cannot be satisfactorily addressed, this resolution urges the discontinuation of their use.

The Department of Homeland Security has recently moved to increase the use of advanced imaging technology, also known as full-body scanners, at the nation's airports, including Newark Liberty International in Newark, New Jersey.

Full-body scanners produce detailed images of air travelers' naked bodies which are reviewed by TSA employees for evidence of certain prohibited items and substances. These full-body scans appear to intrude upon personal privacy rights and may violate the Fourth Amendment of the United States Constitution and Article I, paragraph 7 of the New Jersey Constitution both of which specifically protect citizens from unreasonable searches and seizures.

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.

Full-body scans also 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.

This resolution calls upon the Congress and President to address these concerns which may present real risks to New Jersey residents, or to discontinue the use of advanced imaging technology if the concerns cannot be satisfactorily addressed.