No Public Executions in America Act

871. Art. 71. Prohibition on recording or broadcasting executions

(a) In general. No officer, employee, or agent of the United States, or any person acting under the authority or direction of the Department of Defense, may, with respect to the execution of any person sentenced to death under this chapter, knowingly—

(1) photograph, film, videotape, make an audio recording of, or otherwise create an audio or visual recording or depiction of, the execution;

(2) broadcast, transmit, stream, or otherwise make available to the public, in real time or on a delayed basis, an audio or visual recording or depiction of the execution; or

(3) publish, post, upload, distribute, or cause to be distributed to the public an audio or visual recording or depiction of the execution, including through a Federal Government website, television broadcast, digital platform or interface, nongovernment website, or other electronic communications service.

(b) Application. The prohibitions under paragraphs (2) and (3) subsection (a) shall apply without regard to whether an audio or visual recording or depiction of an execution—

(1) is recorded, stored, or preserved; or

(2) is made by a person acting with the authorization of the Department of Defense.

(c) Limited exception for official use

(1) In general. The Secretary of Defense may authorize the creation and retention of an audio or visual recording or depiction of the execution of a person sentenced to death under this chapter solely for official use, including for an investigation, judicial proceeding, oversight by Congress, or archival and historical purposes.

(2) Prohibition on public dissemination. A recording or depiction created under paragraph (1) may not be publicly disseminated except pursuant to a court order or an Act of Congress.