Actions

February 7, 2011, 7:00 pm ET - Amendment SA 58 proposed by Senator Nelson NE.
February 13, 2011, 7:00 pm ET - Considered by Senate.
February 14, 2011, 7:00 pm ET - Considered by Senate.
February 15, 2011, 7:07 am ET - On the Amendment S.Amdt. 58 to S. 223 (FAA Air Transportation Modernization and Safety Improvement Act)

Full Text of this Amendment

SA 58. Mr. NELSON of Nebraska (for himself, Mr. Schumer, Mr. Akaka, Mr. Menendez, Mrs. Shaheen, Mr. Whitehouse, and Mr. Tester) proposed an amendment 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; as
follows:


At the end of title VII, add the following:
SEC. 733. CRIMINAL PENALTY FOR UNAUTHORIZED RECORDING OR DISTRIBUTION OF SECURITY SCREENING IMAGES.
(a) In General.--Part I of title 18, United States Code, is amended by adding at the end the following:
"CHAPTER 124--UNAUTHORIZED RECORDING AND DISTRIBUTION OF SECURITY SCREENING IMAGES


"Sec.
"2731. Criminal penalty for unauthorized recording and distribution of security screening images.
"SEC. 2731. CRIMINAL PENALTY FOR UNAUTHORIZED RECORDING AND DISTRIBUTION OF SECURITY SCREENING IMAGES.
"(a) In General.--Except as specifically provided in subsection (b), it shall be unlawful for an individual--
"(1) to photograph or otherwise record an image produced using advanced imaging technology during the screening of an individual at an airport, or upon entry into any building owned or operated by the Federal Government, without express authorization pursuant to a Federal law or regulation; or
"(2) to knowingly distribute any such image to any individual who is not authorized pursuant to a Federal law or regulation to receive the image.
"(b) Exceptions.--The prohibition under subsection (a) shall not apply to an individual who, during the course and within the scope of the individual's employment, records or distributes an image described in subsection (a) solely to be used in a criminal investigation or prosecution or in an investigation relating to foreign intelligence or a threat to the national security.
"(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) Definitions.--In this section:
"(1) ADVANCED IMAGING TECHNOLOGY.--The term `advanced imaging technology'--
"(A) means a device that creates a visual image of an individual showing the surface of the skin and revealing other objects on the body; and
"(B) may include devices using backscatter x-rays or millimeter waves and devices referred to as `whole-body imaging technology' or `body scanning'.
"(2) FOREIGN INTELLIGENCE; THREAT TO THE NATIONAL SECURITY.--The terms `foreign intelligence' and `threat to the national security' have the meanings given those term in part VII of the guidelines entitled `The Attorney General's Guidelines for Domestic FBI Operations', dated September 29, 2008, or any successor thereto.".
(b) Technical and Conforming Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 123 the following:

"124. Unauthorized recording and distribution of security screening images

2731".



(As printed in the Congressional Record for the Senate on Feb 8, 2011.)