[Congressional Record Volume 162, Number 55 (Tuesday, April 12, 2016)]
[Senate]
[Pages S1927-S1928]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3657. Mr. WYDEN 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:

 TITLE __--PROTECTING INDIVIDUALS FROM MASS AERIAL SURVEILLANCE ACT OF 
                                  2016

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Protecting Individuals 
     From Mass Aerial Surveillance Act of 2016''.

     SEC. _02. DEFINITIONS.

       In this title:
       (1) 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 of the United States, 
     including a Federal law enforcement party, but excluding 
     State, tribal, or local government agencies or departments.
       (2) Law enforcement party.--The term ``law enforcement 
     party'' 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) Mobile aerial-view device; mavd.--The terms ``mobile 
     aerial-view device'' and ``MAVD'' mean any device that 
     through flight or aerial lift obtains a dynamic, 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)).
       (4) National borders.--The term ``national borders'' refers 
     to any region no more than 25 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) Public lands.--The term ``public lands'' means lands 
     owned by the Government of the United States.
       (7) Sensing device.--The term ``sensing device''--
       (A) 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; and
       (B) does not include equipment whose sole function is to 
     provide information directly necessary for safe air 
     navigation or operation of a MAVD.
       (8) 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.

     SEC. _03. 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 statute or 
     regulation.

     SEC. _04. EXCEPTIONS.

       This title does not prohibit any of the following:
       (1) Patrol of borders.--The use of a MAVD by a Federal 
     entity to surveil national borders to prevent or deter 
     illegal entry of any persons or illegal substances at the 
     borders.
       (2) Exigent circumstances.--
       (A) In general.--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) Requirement for record of facts.--A Federal entity 
     using a MAVD pursuant to subparagraph (A)(i) must 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.--A law enforcement party using a MAVD, 
     pursuant to, and in accordance with, a Rule 41 warrant, to 
     surveil specific property, persons or their effects.

     SEC. _05. PROHIBITION ON IDENTIFYING INDIVIDUALS.

       (a) In General.--No Federal entity 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 subsection (a) of 
     section _04, 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 title.
       (b) Limitation on Prohibition.--The restrictions described 
     in subsection (a) shall not apply if there is probable cause 
     that the information collected is evidence of specific 
     criminal activity.

     SEC. _06. PROHIBITION ON USE OF EVIDENCE.

       No evidence obtained or collected in violation of this 
     title may 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

[[Page S1928]]

     other authority of the United States, a State, or a political 
     subdivision thereof.

     SEC. _07. PROHIBITION ON SOLICITATION AND PURCHASE.

       (a) Prohibition on Solicitation to Surveil.--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, of 
     interest.
       (b) Prohibition on Purchase of Surveillance Information.--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. _08. RULE OF CONSTRUCTION.

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