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February 14, 2011, 7:00 pm ET - Amendment SA 85 proposed by Senator Nelson NE to Amendment SA 58.
February 14, 2011, 7:00 pm ET - Amendment SA 85 as modified agreed to in Senate by Unanimous Consent.

Full Text of this Amendment

SA 85. Mr. NELSON of Nebraska (for himself, Mr. Schumer, Mr. Akaka, Mr. Menendez, Mrs. Shaheen, Mr. Whitehouse, and Mr. Tester) submitted an amendment intended to be proposed to amendment SA 58 proposed by Mr. Nelson of Nebraska (for himself, Mr. Schumer, Mr. Akaka, Mr. Menendez, Mrs. Shaheen, Mr. Whitehouse, and Mr. Tester) to the bill S. 223, to modernize the air traffic control
system, improve the safety, reliability, and availability of transportation by air in the United States, provide modernization of the air traffic control system, reauthorize the Federal Aviation Administration, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 2 of the amendment, strike line 18 and all that follows through page 3, line 21, and insert the following:
"(b) Exception.--The prohibition under subsection (a) shall not apply to an individual who, while engaged in or on account of the performance of official duties, distributes, photographs, or otherwise records an image described in subsection (a) during the course of authorized intelligence activities, a Federal, State, or local criminal investigation or prosecution, or other lawful activities by Federal, State, or local authorities, including training for intelligence or law enforcement
purposes.
"(c) Penalty.--An individual who violates the prohibition in subsection (a) shall be fined under this title, imprisoned for not more than 1 year, or both.
"(d) Advanced Imaging Technology Defined.--In this section, the term `advanced imaging technology'--
"(1) means a device that creates a visual image of an individual showing the surface of the skin beneath clothing and revealing other objects on the body that are covered by clothing; and
"(2) may include devices using backscatter x-rays or millimeter waves and devices referred to as `whole-body imaging technology' or `body scanning'.".
(As printed in the Congressional Record for the Senate on Feb 14, 2011.)