I 112th CONGRESS 2d Session H. R. 6199 IN THE HOUSE OF REPRESENTATIVES July 25, 2012 Mr. Poe of Texas (for himself, Mr. Garrett, Mr. Huizenga of Michigan, Mr. Pitts, Mr. Gohmert, Mr. Wilson of South Carolina, Mr. Ribble, Mr. Rigell, Mrs. Lummis, Mr. Roe of Tennessee, Mr. Culberson, Mr. DesJarlais, Mr. Walberg, Mr. Stutzman, Mr. Graves of Georgia, Mr. Mulvaney, Mr. Duncan of South Carolina, Mr. Gowdy, Mr. Jordan, Mr. Burton of Indiana, Mr. Ross of Florida, Mr. Burgess, Mr. Southerland, and Mr. Campbell) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Transportation and Infrastructure, 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 provide for limitations on the domestic use of drones in investigating regulatory and criminal offenses, and for other purposes.

1.

Short title

This Act may be cited as the Preserving American Privacy Act of 2012.

2.

Prohibition on authorization of domestic use of drones except for certain law enforcement purposes

No Federal agency may authorize the domestic use of an unmanned aircraft (as defined in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)) for law enforcement purposes or for surveillance of a United States national or real property owned by that national, including by any State or local government, except pursuant to warrant and in the investigation of a felony. The domestic use of such an unmanned aircraft shall be subject to the same limitations and exceptions as apply in the case of any other search in the relevant jurisdiction.

3.

Limitation on domestic use of drones in Federal criminal investigations

Chapter 205 of title 18, United States Code, is amended by adding at the end the following:

3119.

Limitation on domestic use of drones

No Federal agency other than a Federal law enforcement agency may use in the United States or authorize any Federal officer or employee to use in the United States (including by granting a permit to use) an unmanned aircraft (as defined in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)) for law enforcement purposes or for surveillance of a United States national or real property owned by that national except pursuant to warrant and in the investigation of a felony. The domestic use of such an unmanned aircraft shall be subject to the same limitations and exceptions as apply in the case of any other search. No information obtained in violation of this section using such an unmanned aircraft may be used in a criminal proceeding before a Federal court.

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4.

No use of drone evidence in administrative hearings

Section 556 of title 5, United States Code, is amended by adding at the end the following: (f)No evidence obtained by an agency using an unmanned aircraft (as defined in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)) may be introduced in a hearing under this section. .

5.

No authorization for domestic use in private surveillance

No Federal agency may authorize the domestic use, including granting a permit to use, of an unmanned aircraft (as defined in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)), to permit any private person to conduct surveillance on any other private person without the consent of that other private person or the owner of any real property on which that other private person is present.

6.

Rule of construction

Nothing in this Act shall be construed to change the laws regarding the permissible uses of drones for border security applications within 25 miles of the United States border.