[Congressional Record Volume 162, Number 88 (Monday, June 6, 2016)]
[Senate]
[Pages S3442-S3443]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4402. Mr. WYDEN submitted an amendment intended to be proposed by
him to the bill S. 2943, to authorize appropriations for fiscal year
2017 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle I of title X, add the following:
SEC. 1097. PROTECTING INDIVIDUALS FROM MASS AERIAL
SURVEILLANCE.
(a) Short Title.--This section may be cited as the
``Protecting Individuals From Mass Aerial Surveillance Act of
2015''.
(b) Definitions.--In this section--
(1) 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));
(2) 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) 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
[[Page S3443]]
Federal law enforcement party, but excluding State, tribal,
or local government agencies or departments;
(4) the term ``non-Federal entity'' means any person or
entity that is not a Federal entity;
(5) 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;
(6)(A) 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; and
(B) the term ``sensing device'' does not include equipment
whose sole function is to provide information directly
necessary for safe air navigation or operation of a MAVD;
(7) the term ``public lands'' means lands owned by the
Government of the United States; and
(8) the term ``national borders'' refers to any region no
more than 25 miles of an external land boundary of the United
States.
(c) 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.
(d) Exceptions.--This section 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) 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; or
(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) A Federal entity using a MAVD pursuant to clause (i)(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.--Law enforcement using a MAVD, pursuant to,
and in accordance with, a Rule 41 warrant, to surveil
specific property, persons or their effects.
(e) Ban on Identifying Individuals.--
(1) 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 subsection(d), 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 section.
(2) The restrictions described in paragraph (1) shall not
apply if there is probable cause that the information
collected is evidence of specific criminal activity.
(f) Prohibition on Use of Evidence.--No evidence obtained
or collected in violation of this Act 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 other authority of the United States, a State,
or a political subdivision thereof.
(g) Prohibition on Solicitation and Purchase.--
(1) 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.
(2) 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.
(h) Rule of Construction.--Nothing in this section shall be
construed to preempt any State law regarding the use of MAVDs
exclusively within the borders of that State.
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