I 112th CONGRESS 1st Session H. R. 685 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.

1.

Short title

This Act may be cited as the Checkpoint Images Protection Act of 2011.

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: 124

Unauthorized recording or distribution of security screening images

2371. Criminal penalty for unauthorized recording or distribution of security screening images.

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 screening images2371 .

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.