[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 4037 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 4037

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, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 16, 2010

Mr. Schumer (for himself, Mr. Kerry, Mr. Akaka, Mr. Durbin, Mr. Nelson 
of Nebraska, Mr. Menendez, Ms. Klobuchar, Mr. Whitehouse, Mrs. Shaheen, 
and Mr. Tester) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
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, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Security Screening Confidential Data 
Privacy Act''.

SEC. 2. 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 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      2731''.
                            screening images.
                                 <all>