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GAO-16-499R 1 (2016-03-17)

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G     A     O      U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-327877


March 17, 2016

The Honorable Ron Johnson
Chairman
The Honorable Thomas R. Carper
Ranking Member
Committee on Homeland Security and Governmental Affairs
United States Senate

The Honorable Michael McCaul
Chairman
The Honorable Bennie G. Thompson
Ranking Member
Committee on Homeland Security
House of Representatives

Subject: Department of Homeland Security, Transportation Security Administration:
        Passenger Screening Using Advanced Imaging Technology

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a
major rule promulgated by the Department of Homeland Security, Transportation
Security Administration (TSA) entitled Passenger Screening Using Advanced Imaging
Technology (RIN: 1652-AA67). We received the rule on February 24, 2016. It was
published in the Federal Register as a final rule on March 3, 2016. 81 Fed. Reg.
11,364.

The final rule amends TSA's civil aviation security regulations to specify that TSA may
use advanced imaging technology (AIT) to screen individuals at security screening
checkpoints. The final rule was issued to comply with a decision of the U.S. Court of
Appeals for the District of Columbia Circuit, Electronic Privacy Information Center
(EPIC) v. United States Department of Homeland Security, 653 F.3d 1 (D.C. Cir. 2011),
which ordered TSA to engage in notice-and-comment rulemaking on the use of AIT for
passenger screening.

Enclosed is our assessment of TSA's compliance with the procedural steps required by
section 801 (a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review of the
procedural steps taken indicates that TSA complied with the applicable requirements.


GAO-1 6-499R

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