[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 637 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 637
To provide for a legal framework for the operation of public unmanned
aircraft systems, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 13, 2013
Mr. Poe of Texas (for himself and Ms. Lofgren) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for a legal framework for the operation of public unmanned
aircraft systems, 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 ``Preserving American Privacy Act of
2013''.
SEC. 2. USE OF UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Part II of title 18, United States Code, is
amended by inserting after chapter 205 the following:
``CHAPTER 205A--USE OF UNMANNED AIRCRAFT SYSTEMS
``3119a. Definitions.
``3119b. Use of public unmanned aircraft systems.
``3119c. Use of covered information as evidence.
``3119d. Administrative discipline.
``3119e. Reporting.
``3119f. Private use of unmanned aircraft systems.
``3119g. Application with other Federal laws.
``3119h. Ban on weaponization.
``3119i. Rule of construction regarding State laws on unmanned aircraft
system usage.
``Sec. 3119a. Definitions
``In this Act:
``(1) Court of competent jurisdiction.--The term `court of
competent jurisdiction' includes--
``(A) any district court of the United States
(including a magistrate judge of such a court) or any
United States court of appeals that--
``(i) has jurisdiction over the offense
being investigated;
``(ii) is in a district in which the public
unmanned aircraft system is located or where
the public unmanned aircraft system is being or
sought to be operated; or
``(iii) is acting on a request for foreign
assistance pursuant to section 3512 of title
18, United States Code; or
``(B) a court of general criminal jurisdiction of a
State authorized by the law of that State to issue
search warrants.
``(2) Covered information.--The term `covered information'
means--
``(A) information that is reasonably likely to
enable identification of an individual; or
``(B) information about an individual's property
that is not in plain view.
``(3) Governmental entity.--The term `governmental entity'
means a department or agency of the United States or any State
or political subdivision thereof.
``(4) Public unmanned aircraft system.--The term `public
unmanned aircraft system' has the meaning given such term in
section 331 of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 40101 note).
``(5) State.--The term `State' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and any territory or possession of the United
States.
``(6) Unmanned aircraft system.--The term `unmanned
aircraft system' has the meaning given such term in section 331
of the FAA Modernization and Reform Act of 2012 (49 U.S.C.
40101 note).
``Sec. 3119b. Use of public unmanned aircraft systems
``(a) Application.--A governmental entity shall operate any public
unmanned aircraft system only in accordance with this Act.
``(b) Minimization.--In operating a public unmanned aircraft system
or disclosing any covered information collected by such operation, a
governmental entity shall minimize, to the maximum extent practicable,
the collection or disclosure of such covered information.
``(c) Data Collection Statement Required.--
``(1) Concurrent with an application for a certificate or
license to operate a public unmanned aircraft system in the
national airspace, a governmental entity shall submit to the
Attorney General a data collection statement, in such form and
manner as the Attorney General may by rule require, that
describes--
``(A) the purpose for which the public unmanned
aircraft system will be used;
``(B) whether the public unmanned aircraft system
is capable of collecting covered information;
``(C) the length of time for which the collected
covered information will be retained;
``(D) an individual point of contact for citizen
feedback;
``(E) the particular unit of the governmental
entity responsible for safe and appropriate operation
of the public unmanned aircraft system;
``(F) the rank and title of the individual who may
authorize the operation of the public unmanned aircraft
system;
``(G) the applicable data minimization policies
barring the collection of covered information unrelated
to the investigation of crime and requiring the
destruction of covered information that is no longer
relevant to the investigation of a crime; and
``(H) the applicable audit and oversight procedures
that ensure governmental entities and those acting on
their behalf use the unmanned aircraft system only as
authorized, within the scope of the data collection
statement, and in compliance with data minimization
policies.
``(2) The applicant is responsible for submitting to the
Attorney General updates to the data collection statement.
``(3) The Attorney General may request that the Secretary
of Transportation revoke the certificate or license to operate
the public unmanned aircraft system in the national airspace if
the operator's activity contravenes the data collection
statement disclosures required in paragraph (1).
``(4) Not later than 6 months after the date of enactment
of this Act, the Attorney General shall issue regulations to
establish a database, that is publicly accessible via
electronic means, indexing the certificates or licenses and the
associated data collection statements described in this
subsection for public unmanned aircraft systems operated within
the national airspace.
``Sec. 3119c. Use of covered information as evidence
``(a) In General.--Covered information that a governmental entity
collects by operation of a public unmanned aircraft system, and
evidence derived from such covered information, may not be received as
evidence against an individual in any trial, hearing, or other
proceeding in or before any court, grand jury, department, officer,
agency, regulatory body, legislative committee, or other authority of
the United States, a State, or a political subdivision thereof, unless
such operation and collection, or disclosure of such covered
information is in accordance with this Act.
``(b) Prohibition on Use for Law Enforcement Purposes.--Except as
provided in subsection (c), a governmental entity may not--
``(1) operate a public unmanned aircraft system for a law
enforcement purpose to collect covered information; or
``(2) disclose covered information so collected.
``(c) Exceptions.--A governmental entity may operate a public
unmanned aircraft system and may collect or disclose covered
information acquired by such operation for a law enforcement purpose
only if such operation, collection, or disclosure is in accordance with
any of the following:
``(1) Warrant.--The operation, collection, or disclosure
is--
``(A) pursuant to a warrant issued by a court of
competent jurisdiction; and
``(B) not later than 10 days after the execution of
the warrant, the governmental entity that sought the
warrant serves a copy of the warrant on each person on
whom covered information was collected, except, if
providing such notice would seriously jeopardize an
ongoing criminal or national security investigation,
the court may delay such notice on request of the
governmental entity.
``(2) Order.--The operation, collection, or disclosure is
pursuant to an order that may be lawfully issued by a court of
competent jurisdiction--
``(A) based on the allegation by the governmental
entity requesting such order of specific and
articulable facts showing a reasonable suspicion of
criminal activity and a reasonable probability that the
operation of a public unmanned aircraft system will
provide evidence of such criminal activity;
``(B) authorizing the operation of a public
unmanned aircraft system only in a stipulated public
area for a period of not more than 48 hours;
``(C) which may be renewed at the court's
discretion for a total period of operation of not
longer than 30 days; and
``(D) notice is provided--
``(i) not later than 10 days after the
termination of which, by serving a copy on each
person on whom covered information was
collected; or
``(ii) not less than 48 hours prior to such
operation, to the public in the stipulated
public area, by prominent placement of a
notification--
``(I) in a major publication (with
circulation of more than 1,000 in that
area);
``(II) on a public Internet Web
site of the governmental entity, for
the duration of the operation; or
``(III) on public signage in the
area, for the duration of the
operation.
``(3) U.S. land border.--The operation is within a distance
of 25 miles from any external land boundary of the United
States and is for the purpose of patrolling or securing the
border.
``(4) Consent.--The covered information that is collected
or disclosed pertains to an individual who provides prior
written consent to such collection or disclosure.
``(5) Emergency.--The operation is--
``(A) an investigative or law enforcement officer
reasonably believes that an emergency situation exists
that--
``(i) involves--
``(I) immediate danger of death or
serious physical injury to any person;
``(II) conspiratorial activities
threatening the national security
interest; or
``(III) conspiratorial activities
characteristic of organized crime; and
``(ii) requires such operation, collection,
or disclosure before a warrant or order
authorizing such operation, collection, or
disclosure may, with due diligence, be
obtained;
``(B) that officer applies for such a warrant or
order not later than 48 hours after such operation
begins; and
``(C) that operation is terminated immediately on
the earlier of when--
``(i) the information necessary to resolve
the emergency situation is collected; or
``(ii) the court denies the application for
the warrant or order.
``(6) Effect of failure to secure warrant or order.--If a
warrant or order described in paragraph (5) is denied, then for
purposes of subsection (b), an operation, collection, or
disclosure under that paragraph shall not be considered to be
an operation, collection, or disclosure authorized under this
subsection. Any covered information so collected shall be
removed from all databases of the governmental entity.
``Sec. 3119d. Administrative discipline
``(a) Administrative Discipline.--If a court or appropriate
department or agency determines that a governmental entity has violated
any provision of this Act, and the court or appropriate department or
agency finds that the circumstances surrounding the violation raise
serious questions about whether or not an officer or employee of the
United States acted intentionally with respect to the violation, the
department or agency shall, upon receipt of a true and correct copy of
a decision or findings of the court or appropriate department or
agency, promptly initiate a proceeding to determine whether
disciplinary action against the officer or employee is warranted. If
the head of the department or agency involved determines that
disciplinary action is not warranted, such head shall notify the
Inspector General with jurisdiction over the department or agency
concerned and shall provide the Inspector General with the reasons for
such determination.
``(b) Improper Disclosure Is Violation.--Any willful disclosure or
use by an investigative or law enforcement officer or governmental
entity of information beyond the extent permitted by this Act is a
violation of this Act for purposes of this section.
``Sec. 3119e. Reporting
``(a) In January of each year, any Federal judge who has issued a
warrant or order (or an extension thereof) under section 3 on operation
of public unmanned aircraft systems that expired during the preceding
year, or who has denied approval of such a warrant or order during that
year, shall report to the Administrative Office of the United States
Courts--
``(1) the fact that an order or extension was applied for;
``(2) the kind of order or extension applied for;
``(3) the fact that the order or extension was granted as
applied for, was modified, or was denied;
``(4) the period of collections authorized by the order,
and the number and duration of any extensions of the order;
``(5) the offense specified in the order or application, or
extension of an order; and
``(6) the identity of the applying agency making the
application and the rank and title of the person authorizing
the application.
``(b) In March of each year the Attorney General, an Assistant
Attorney General specially designated by the Attorney General, or the
principal prosecuting attorney of a State, or the principal prosecuting
attorney for any political subdivision of a State, shall report to the
Administrative Office of the United States Courts--
``(1) the information required by paragraphs (1) through
(6) of subsection (a) with respect to each application for an
order or extension made during the preceding calendar year;
``(2) a general description of all the information
collected under such order or extension, including--
``(A) the approximate nature and frequency of
incriminating conduct collected;
``(B) the approximate number of persons whose
covered information was collected; and
``(C) the approximate nature, amount, and cost of
the manpower and other resources used in the
collection;
``(3) the number of arrests resulting from covered
information collected from such order or extension, and the
offenses for which arrests were made;
``(4) the number of trials resulting from such covered
information;
``(5) the number of motions to suppress made with respect
to such covered information, and the number granted or denied;
``(6) the number of convictions resulting from such covered
information, and the offenses for which the convictions were
obtained, and a general assessment of the importance of the
information collected; and
``(7) the information required by paragraphs (2) through
(6) of this subsection with respect to orders or extensions
obtained in a preceding calendar year.
``(c) In June of each year the Director of the Administrative
Office of the United States Courts shall transmit to the Congress a
full and complete report that includes a summary and analysis of all
information received under subsection (a) and (b) during the preceding
calendar year. The Director of the Administrative Office of the United
States Courts is authorized to issue regulations regarding the content
and form of the reports required to be filed by subsections (a) and (b)
of this section.
``Sec. 3119f. Private use of unmanned aircraft systems
``It shall be unlawful to intentionally operate a private unmanned
aircraft system to capture, in a manner that is highly offensive to a
reasonable person, any type of visual image, sound recording, or other
physical impression of a individual engaging in a personal or familial
activity under circumstances in which the individual had a reasonable
expectation of privacy, through the use of a visual or auditory
enhancing device, regardless of whether there is a physical trespass,
if this image, sound recording, or other physical impression could not
have been achieved without a trespass unless the visual or auditory
enhancing device was used.
``Sec. 3119g. Application with other Federal laws
``Nothing in this Act may be construed to modify, limit, or
supersede the operation of chapter 119 of title 18, United States Code.
``Sec. 3119h. Ban on weaponization
``It shall be unlawful for any investigative or law enforcement
officer or private individual to operate an unmanned aircraft system
that is armed with a firearm (as such term is defined in section 921 of
title 18, United States Code) within the airspace of the United States.
``Sec. 3119i. Rule of construction regarding State laws on unmanned
aircraft system usage
``Nothing in this Act shall be construed to preempt any State law
regarding the use of unmanned aircraft systems exclusively within the
borders of that State.''.
(b) Clerical Amendment.--The table of chapters for part II of title
18, United States Code, is amended by inserting after the item relating
to chapter 205 the following:
``205A. Use of unmanned aircraft systems.................... 3119a''.
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