[Congressional Record Volume 162, Number 53 (Thursday, April 7, 2016)]
[Senate]
[Pages S1823-S1824]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3537. Mr. PAUL (for himself and Mr. Markey) submitted an amendment 
intended to be proposed to amendment SA 3464 submitted by Mr. Thune 
(for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. UNWARRANTED SURVEILLANCE.

       (a) Definitions.--In this section--
       (1) the term ``law enforcement party'' means a person or 
     entity authorized by law,

[[Page S1824]]

     or funded by the Government of the United States or by a 
     political subdivision of a State, to investigate or prosecute 
     offenses against the United States or to make arrests; and
       (2) the term ``unmanned aircraft system'' has the meaning 
     given the term in section 44801 of title 49, United States 
     Code, as added by section 2121(a) of this Act.
       (b) Prohibited Use of Unmanned Aircraft Systems.--Except as 
     provided in subsection (c), a person or entity acting under 
     the authority, or funded in whole or in part by, the 
     Government of the United States or by a political subdivision 
     of a State shall not use an unmanned aircraft system to 
     gather evidence or other information pertaining to criminal 
     conduct or conduct in violation of a statute or regulation or 
     for intelligence purposes except to the extent authorized in 
     a warrant that satisfies the requirements of the Federal 
     Rules of Procedure and the Constitution of the United States.
       (c) Exceptions.--This section does not prohibit any of the 
     following:
       (1) Patrol of borders.--The use of an unmanned aircraft 
     system to patrol national borders to prevent or deter illegal 
     entry of any persons or illegal substances within 3 miles of 
     the physical border.
       (2) Exigent circumstances.--The use of an unmanned aircraft 
     system by a law enforcement party when exigent circumstances 
     exist. For the purposes of this paragraph, exigent 
     circumstances exist when the law enforcement party possesses 
     reasonable suspicion that under particular circumstances, 
     swift action to prevent imminent danger to life is necessary.
       (3) High risk.--The use of an unmanned aircraft system to 
     counter a high risk of an imminent terrorist attack by a 
     specific individual or organization, when the Secretary of 
     Homeland Security determines credible intelligence indicates 
     there is such a risk.
       (4) Information or data unrelated to exigent 
     circumstances.--A person operating an unmanned aircraft 
     system under the exception set forth in paragraph (2) shall 
     minimize the collection by the unmanned aircraft system of 
     information and data that is unrelated to the exigent 
     circumstances. If the unmanned aircraft system incidentally 
     collects any such unrelated information or data while being 
     operated under such exception, the person operating the 
     unmanned aircraft system shall destroy such unrelated 
     information and data.
       (5) Prohibition on information sharing.--A person may not 
     intentionally divulge information collected in accordance 
     with this section with any other person, except as authorized 
     by law.
       (d) Remedies for Violation.--Any aggrieved party may in a 
     civil action obtain all appropriate relief to prevent or 
     remedy a violation of this section.
       (e) Prohibition on Use of Evidence.--No evidence obtained 
     or collected in violation of this section may be admissible 
     as evidence in a criminal prosecution in any court of law in 
     the United States.
                                 ______