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Full Text of this Amendment

SA 29. Mr. NELSON of Nebraska (for himself and Mr. Schumer) submitted an amendment intended to be proposed by him 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:


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."§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 distribute any such image to any individual who is not authorized pursuant to a Federal law or regulation to receive the image.
"(b) Exceptions.--
"(1) RECORDINGS TO BE USED IN CRIMINAL PROSECUTION.--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.
"(2) LIABILITY OF JOURNALISTS.--The prohibition under subsection (a) shall not apply to a journalist that publishes an image described in that subsection if the journalist has a good faith belief that the image was not recorded or distributed in violation of that prohibition.
"(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) JOURNALIST.--The term `journalist'--
"(A) means a person who--
"(i) with the primary intent to investigate events and procure material in order to disseminate to the public news or information concerning local, national, or international events or other matters of public interest, regularly gathers, prepares, collects, photographs, records, writes, edits, reports, or publishes on such matters by--
"(I) conducting interviews;
"(II) making direct observation of events; or
"(III) collecting, reviewing, or analyzing original writings, statements, communications, reports, memoranda, records, transcripts, documents, photographs, recordings, tapes, materials, data, or other information whether in paper, electronic, or other form;
"(ii) has such intent at the inception of the process of gathering the news or information sought; and
"(iii) obtains the news or information sought in order to disseminate the news or information by means of print (including newspapers, books, wire services, news agencies, or magazines), broadcasting (including dissemination through networks, cable, satellite carriers, broadcast stations, or a channel or programming service for any such media), mechanical, photographic, electronic, or other means;
"(B) includes a supervisor, employer, parent company, subsidiary, or affiliate of a person described in subparagraph (A); and
"(C) does not include any person who is--
"(i) a foreign power or an agent of a foreign power, as those terms are defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801);
"(ii) a member or affiliate of a foreign terrorist organization designated under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a));
"(iii) any person whose property and interests in property are blocked pursuant to Executive Order 13224 (66 Fed. Reg. 49079; relating to blocking property and prohibiting transacting with persons who commit, threaten to commit, or support terrorism), Executive Order 12947 (60 Fed. Reg. 5079; prohibiting transactions with terrorists who threaten to disrupt the Middle East peace process), or any other executive order relating to terrorism;
"(iv) committing or attempting to commit the crime of terrorism, as that offense is defined in section 2331(5) or 2332b(g)(5) of title 18, United States Code;
"(v) committing or attempting to commit the crime of providing material support or resources, as that term is defined in section 2339A(b)(1) of title 18, United States Code, to a terrorist organization; or
"(vi) aiding, abetting, or conspiring in illegal activity with a person described in clause (i), (ii), (iii), (iv), or (v).".
(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 2, 2011.)