[Congressional Record Volume 158, Number 111 (Tuesday, July 24, 2012)]
[House]
[Pages H5133-H5134]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         THE DRONES ARE COMING

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Texas (Mr. Poe) for 5 minutes.
  Mr. POE of Texas. Mr. Speaker, for years, the United States has used 
drones to track terrorists overseas, catch outlaws along the border and 
other lawful purposes--but now, thousands of drones are heading to the 
homeland. The FAA plans to allow the expanded use of drones to operate 
nationwide by the year 2015. It is estimated, by 2020, 30,000 of them 
will be flying in American skies.
  Yes, Mr. Speaker, the drones are coming.
  Who will operate these drones, and what will be their mission? Could 
it be a suspicious government agent who thinks someone looks kind of 
funny? The EPA bureaucrat to monitor somebody's farm and watch Bessie 
the cow graze in the pasture? Or a nosy neighbor who wants to make sure 
someone's shutters are pretty and the flowers don't violate the 
homeowners' association rules? Or could it be a legitimate and lawful 
and legal purpose of drones that doesn't violate the right of privacy?
  These are the kinds of situations Americans face as we enter this 
uncharted and unprecedented world of drone technology.
  Congress has the legal obligation to ensure that the Fourth Amendment 
rights of private citizens are protected in this new ``drone world.'' 
You see, Mr. Speaker, the Fourth Amendment says this:

       The right of the people to be secure in their persons, 
     houses, papers, and effects against unreasonable searches and 
     seizures shall not be violated. No warrants shall issue but 
     upon probable cause, supported by oath or affirmation, and 
     particularly describing the place to be searched and the 
     persons or things to be seized.

  The Fourth Amendment limits government intrusion into our lives. The 
Constitution limits eavesdropping, snooping, and spying on American 
citizens. While there are some legitimate uses for drones domestically, 
such as monitoring forest fires and floods and hurricanes, tracking an 
escaped bank robber, and other law enforcement uses, it is up to 
Congress to limit their use so that the Fourth Amendment and the right 
of privacy are protected.
  That is why I am introducing the Preserving American Privacy Act.
  Now is the time for Congress to act, not in 2015. With the increased 
technology of surveillance, Congress has to be proactive in controlling 
drone use to law enforcement and also in protecting civilians from the 
private use of drones. This bill will ensure the privacy of private 
citizens is protected by establishing guidelines about when and for 
what purposes law enforcement agencies, private citizens, and 
businesses can use drones.
  I repeat: This bill will ensure the privacy of private citizens, that 
it is protected by establishing guidelines about when and for what 
purposes law enforcement agencies, private citizens, and businesses can 
use drones.
  First, it would prevent the FAA from issuing a permit for the use of 
a drone to fly in United States airspace for law enforcement purposes 
unless it is pursuant to a warrant and in the investigation of a 
felony. This would apply to State, Federal, and local jurisdictions. 
The warrant exceptions and exigent circumstances rules that are already 
the law of the land would be the same as those that are applicable in 
the State, Federal, or local jurisdiction where that surveillance 
occurs.
  It would also prevent the FAA from issuing a permit to any private 
individual for the use of a drone for the surveillance of a U.S. 
citizen or the property of a U.S. citizen unless that person under 
surveillance has consented or the owner of the property has consented. 
There may be some other lawful exceptions as well.
  Lastly, this bill would ensure that no evidence obtained from the use 
of a drone may be used at an administrative hearing.
  Americans expect their constitutional rights will be protected at any 
time in our history or our future, so Congress must decide when drones 
can and cannot be used in order to ensure constitutional safeguards. 
This decision cannot be left up to government agencies, special 
interest groups, or others. Mr. Speaker, technology may change with 
time, but the Constitution does not.
  And that's just the way it is.

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