To impose a criminal penalty for unauthorized recording or distribution of images produced using advanced imaging technology during screenings of individuals at airports and upon entry to Federal buildings.

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''.....

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