[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 685 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 685

To amend title 18, United States Code, to criminalize the unauthorized 
recording and distribution of security screening images of individuals 
 created by advanced imaging technology utilized by the Transportation 
    Security Administration or other Federal authority, require the 
   Transportation Security Administration to disable image retention 
  capabilities of advanced imaging technology, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2011

 Ms. Jackson Lee of Texas (for herself, Mr. Cummings, Mr. Chabot, Mr. 
 Poe of Texas, Ms. Eddie Bernice Johnson of Texas, and Mr. Johnson of 
   Georgia) introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
 Homeland Security, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to criminalize the unauthorized 
recording and distribution of security screening images of individuals 
 created by advanced imaging technology utilized by the Transportation 
    Security Administration or other Federal authority, require the 
   Transportation Security Administration to disable image retention 
  capabilities of advanced imaging technology, 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 ``Checkpoint Images Protection Act of 
2011''.

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 OR DISTRIBUTION OF SECURITY 
                            SCREENING IMAGES

``2371. Criminal penalty for unauthorized recording or distribution of 
                            security screening images.
``Sec. 2371. Criminal penalty for unauthorized recording or 
              distribution of security screening images
    ``(a) In General.--Except as specifically provided in subsection 
(b), it shall be unlawful for an individual--
            ``(1) to knowingly 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) Exception.--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) 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) include devices using backscatter x-rays or 
                millimeter waves and devices referred to as `whole-body 
                imaging technology' or `body scanning'.
            ``(2) The terms `foreign intelligence' and `threat to the 
        national security' have the meanings given those terms 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) Clerical Amendments.--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 or distribution of security       2371''.
                            screening images.

SEC. 3. DISABLING IMAGE RETENTION.

    Not later than 30 days after the date of enactment of this Act, the 
Assistant Secretary, Transportation Security Administration of the 
Department of Homeland Security shall certify to the Committees on 
Judiciary and Homeland Security of the House of Representatives and the 
Committees on Judiciary and Commerce, Science, and Transportation of 
the Senate that, in order to improve airport security screening 
processes while ensuring passenger privacy protection, the image 
retention capabilities of all advanced imaging technology utilized by 
the Transportation Security Administration to screen passengers at 
checkpoints in our Nation's airports have been disabled.
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