[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3962 Introduced in House (IH)]

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114th CONGRESS
  1st Session
                                H. R. 3962

 To describe the authority under which Federal entities may use mobile 
   aerial-view devices to surveil, protect individual and collective 
 privacy against warrantless governmental intrusion through the use of 
          mobile aerial-view devices, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 5, 2015

Ms. DelBene (for herself, Mr. Poe of Texas, Ms. Lofgren, Mr. Beyer, and 
 Mr. Blumenauer) introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To describe the authority under which Federal entities may use mobile 
   aerial-view devices to surveil, protect individual and collective 
 privacy against warrantless governmental intrusion through the use of 
          mobile aerial-view devices, 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 ``Protecting Individuals From Mass 
Aerial Surveillance Act of 2015''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Mobile aerial-view device, or mavd.--The terms ``mobile 
        aerial-view device'' and ``MAVD'' mean any device that through 
        flight or aerial lift obtains an aerial view of property, 
        persons or their effects, including an unmanned aircraft (as 
        defined in section 331 of the FAA Modernization and Reform Act 
        of 2012 (49 U.S.C. 40101 note)).
            (2) Law enforcement official or agency.--The term ``law 
        enforcement official or agency'' means a person or entity 
        authorized by law, or funded by the Government of the United 
        States, to investigate or prosecute offenses against the United 
        States.
            (3) Federal entity.--The term ``Federal entity'' means any 
        person or entity acting under the authority of, or funded in 
        whole or in part by, the Government, including a Federal law 
        enforcement official or agency, but excluding State, tribal, or 
        local government agencies or departments.
            (4) National borders.--The term ``national border'' means 
        an area that shares not more than 5 miles of an external land 
        boundary of the United States.
            (5) Non-federal entity.--The term ``non-Federal entity'' 
        means any person or entity that is not a Federal entity.
            (6) Surveil.--The term ``surveil'' means to photograph, 
        record, or observe using a sensing device, regardless of 
        whether the photographs, observations, or recordings are 
        stored, and excludes using a sensing device for the purposes of 
        testing or training operations of MAVDs.
            (7) Sensing device.--
                            (A) Meaning.--The term ``sensing device'' 
                        means a device capable of remotely acquiring 
                        personal information from its surroundings 
                        using any frequency of the electromagnetic 
                        spectrum, or a sound detecting system, or a 
                        system that detects chemicals in the 
                        atmosphere.
                            (B) Specific equipment not included.--The 
                        term ``sensing device'' does not include 
                        equipment for which the sole function is to 
                        provide information directly necessary for safe 
                        air navigation or operation of a MAVD.
            (8) Public lands.--The term ``public lands'' means lands 
        owned by the Government of the United States.

SEC. 3. PROHIBITED USE OF MAVDS.

    A Federal entity shall not use a MAVD to surveil property, persons 
or their effects, or gather evidence or other information pertaining to 
known or suspected criminal conduct, or conduct that is in violation of 
a law or regulation.

SEC. 4. EXCEPTIONS.

    This Act shall not prohibit any of the following:
            (1) Patrol of borders and national waters.--The use of a 
        MAVD by a Federal entity to surveil national borders or 
        national waters of the United States to prevent or deter 
        illegal entry of any person or illegal substance at the borders 
        or in national waters of the United States.
            (2) Exigent circumstances.--
                    (A) Action necessary.--The use of a MAVD by a 
                Federal entity when exigent circumstances exist. For 
                the purposes of this paragraph, exigent circumstances 
                exist when the Federal entity possesses reasonable 
                suspicion that under particular circumstances, swift 
                action is necessary--
                            (i) to prevent imminent danger of death or 
                        serious bodily harm to a specific individual;
                            (ii) to counter an imminent risk of a 
                        terrorist attack by a specific individual or 
                        organization;
                            (iii) to prevent imminent destruction of 
                        evidence; or
                            (iv) to counter an imminent or actual 
                        escape of a criminal or terrorist suspect.
                    (B) Records.--A Federal entity using a MAVD 
                pursuant to subparagraph (A)(i) shall maintain a 
                retrievable record of the facts giving rise to the 
                reasonable suspicion that an exigent circumstance 
                existed.
            (3) Public safety and research.--The use of a MAVD by a 
        Federal entity--
                    (A) to discover, locate, observe, gather evidence 
                in connection to, or prevent forest fires;
                    (B) to monitor environmental, geologic, or weather-
                related catastrophe or damage from such an event;
                    (C) to research or survey for wildlife management, 
                habitat preservation, or geologic, atmospheric, or 
                environmental damage or conditions;
                    (D) to survey for the assessment and evaluation of 
                environmental, geologic or weather-related damage, 
                erosion, flood, or contamination; and
                    (E) to survey public lands for illegal vegetation.
            (4) Consent.--The use of a MAVD by a Federal entity for the 
        purpose of acquiring information about an individual, or about 
        an individual's property or effects, if such individual has 
        given written consent to the use of a MAVD for such purposes.
            (5) Warrant.--Law enforcement using a MAVD, pursuant to, 
        and in accordance with, a Rule 41 warrant, to surveil specific 
        property, persons, or their effects.

SEC. 5. BAN ON IDENTIFYING INDIVIDUALS.

    (a) Confidential Information.--No Federal entity actor may make any 
intentional effort to identify an individual from, or associate an 
individual with, the information collected by operations authorized by 
paragraphs (1) through (3) of section 4, nor shall the collected 
information be disclosed to any entity except another Federal entity or 
State, tribal, or local government agency or department, or political 
subdivision thereof, that agrees to be bound by the restrictions in 
this Act.
    (b) Probable Cause.--The restrictions described in subsection (a) 
shall not apply if there is probable cause that the information 
collected is evidence of specific criminal activity and a warrant is 
obtained.

SEC. 6. PROHIBITION ON USE OF EVIDENCE.

    No evidence obtained or collected in violation of this Act may be 
admissible 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.

SEC. 7. PROHIBITION ON SOLICITATION AND PURCHASE.

    (a) Existing Authority.--A Federal entity shall not solicit to or 
award contracts to any entity for such entity to surveil by MAVD for 
the Federal entity, unless the Federal entity has existing authority to 
surveil the particular property, persons or their effects, or interest.
    (b) Permission Granted.--A Federal entity shall not purchase any 
information obtained from MAVD surveillance by a non-Federal entity if 
such information contains personal information, except pursuant to the 
express consent of all persons whose personal information is to be 
sold.

SEC. 8. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to preempt any State law 
regarding the use of MAVDs exclusively within the borders of that 
State.
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