,i #aacth ,,congress #ast ,session ,h4 ,r4 #fcg ,,in ,,the ,,house ,,of ,,representatives ,february #ac1 #bjac ,mr4 ,poe of ,texas 7for himself and ,ms4 ,lofgren7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to provide for a legal framework for the operation of public unmanned aircraft systems1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,preserving ,american ,privacy ,act of #bjac4 #b4 ,use of unmanned aircraft systems 7a7 ,in general ,part ,,ii of title #ah1 ,united ,states ,code1 is amended by inserting after chapter #bje the following3 #bje;,a ,use of unmanned aircraft systems #caai;a4 ,definitions4 #caai;b4 ,use of public unmanned aircraft systems4 #caai;c4 ,use of covered information as evidence4 #caai;d4 ,administrative discipline4 #caai;e4 ,reporting4 #caai;f4 ,private use of unmanned aircraft systems4 #caai;g4 ,application with other ,federal laws4 #caai;h4 ,ban on weaponization4 #caai;i4 ,rule of construction regarding ,state laws on unmanned aircraft system usage4 #caai;a4 ,definitions ,in this ,act3 7#a7 ,court of competent jurisdiction ,the term court of competent jurisdiction includes-- 7,a7 any district court of the ,united ,states 7including a magistrate judge of such a court7 or any ,united ,states court of appeals that-- 7i7 has jurisdiction over the offense being investigated2 7ii7 is in a district in which the public unmanned aircraft system is located or where the public unmanned aircraft system is being or sought to be operated2 or 7iii7 is acting on a request for foreign assistance pursuant to section #ceab of title #ah1 ,united ,states ,code2 or 7,b7 a court of general criminal jurisdiction of a ,state authorized by the law of that ,state to issue search warrants4 7#b7 ,covered information ,the term covered information means-- 7,a7 information that is reasonably likely to enable identification of an individual2 or 7,b7 information about an individual's property that is not in plain view4 7#c7 ,governmental entity ,the term governmental entity means a department or agency of the ,united ,states or any ,state or political subdivision thereof4 7#d7 ,public unmanned aircraft system ,the term public unmanned aircraft system has the meaning given such term in section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7#di ,u4,s4,c4 #djaja note74 7#e7 ,state ,the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and any territory or possession of the ,united ,states4 7#f7 ,unmanned aircraft system ,the term unmanned aircraft system has the meaning given such term in section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7#di ,u4,s4,c4 #djaja note74 #caai;b4 ,use of public unmanned aircraft systems 7a7 ,application ,a governmental entity shall operate any public unmanned aircraft system only in accordance with this ,act4 7b7 ,minimization ,in operating a public unmanned aircraft system or disclosing any covered information collected by such operation1 a governmental entity shall minimize1 to the maximum extent practicable1 the collection or disclosure of such covered information4 7c7 ,data collection statement required 7#a7 ,concurrent with an application for a certificate or license to operate a public unmanned aircraft system in the national airspace1 a governmental entity shall submit to the ,attorney ,general a data collection statement1 in such form and manner as the ,attorney ,general may by rule require1 that describes-- 7,a7 the purpose for which the public unmanned aircraft system will be used2 7,b7 whether the public unmanned aircraft system is capable of collecting covered information2 7,c7 the length of time for which the collected covered information will be retained2 7,d7 an individual point of contact for citizen feedback2 7,e7 the particular unit of the governmental entity responsible for safe and appropriate operation of the public unmanned aircraft system2 7,f7 the rank and title of the individual who may authorize the operation of the public unmanned aircraft system2 7,g7 the applicable data minimization policies barring the collection of covered information unrelated to the investigation of crime and requiring the destruction of covered information that is no longer relevant to the investigation of a crime2 and 7,h7 the applicable audit and oversight procedures that ensure governmental entities and those acting on their behalf use the unmanned aircraft system only as authorized1 within the scope of the data collection statement1 and in compliance with data minimization policies4 7#b7 ,the applicant is responsible for submitting to the ,attorney ,general updates to the data collection statement4 7#c7 ,the ,attorney ,general may request that the ,secretary of ,transportation revoke the certificate or license to operate the public unmanned aircraft system in the national airspace if the operator's activity contravenes the data collection statement disclosures required in paragraph 7#a74 7#d7 ,not later than #f months after the date of enactment of this ,act1 the ,attorney ,general shall issue regulations to establish a database1 that is publicly accessible via electronic means1 indexing the certificates or licenses and the associated data collection statements described in this subsection for public unmanned aircraft systems operated within the national airspace4 #caai;c4 ,use of covered information as evidence 7a7 ,in general ,covered information that a governmental entity collects by operation of a public unmanned aircraft system1 and evidence derived from such covered information1 may not be received as evidence against an individual in any trial1 hearing1 or other proceeding in or before any court1 grand jury1 department1 officer1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or a political subdivision thereof1 unless such operation and collection1 or disclosure of such covered information is in accordance with this ,act4 7b7 ,prohibition on use for law enforcement purposes ,except as provided in subsection 7c71 a governmental entity may not-- 7#a7 operate a public unmanned aircraft system for a law enforcement purpose to collect covered information2 or 7#b7 disclose covered information so collected4 7c7 ,exceptions ,a governmental entity may operate a public unmanned aircraft system and may collect or disclose covered information acquired by such operation for a law enforcement purpose only if such operation1 collection1 or disclosure is in accordance with any of the following3 7#a7 ,warrant ,the operation1 collection1 or disclosure is-- 7,a7 pursuant to a warrant issued by a court of competent jurisdiction2 and 7,b7 not later than #aj days after the execution of the warrant1 the governmental entity that sought the warrant serves a copy of the warrant on each person on whom covered information was collected1 except1 if providing such notice would seriously jeopardize an ongoing criminal or national security investigation1 the court may delay such notice on request of the governmental entity4 7#b7 ,order ,the operation1 collection1 or disclosure is pursuant to an order that may be lawfully issued by a court of competent jurisdiction-- 7,a7 based on the allegation by the governmental entity requesting such order of specific and articulable facts showing a reasonable suspicion of criminal activity and a reasonable probability that the operation of a public unmanned aircraft system will provide evidence of such criminal activity2 7,b7 authorizing the operation of a public unmanned aircraft system only in a stipulated public area for a period of not more than #dh hours2 7,c7 which may be renewed at the court's discretion for a total period of operation of not longer than #cj days2 and 7,d7 notice is provided-- 7i7 not later than #aj days after the termination of which1 by serving a copy on each person on whom covered information was collected2 or 7ii7 not less than #dh hours prior to such operation1 to the public in the stipulated public area1 by prominent placement of a notification-- 7,i7 in a major publication 7with circulation of more than #a1jjj in that area72 7,,ii7 on a public ,internet ,web site of the governmental entity1 for the duration of the operation2 or 7,,iii7 on public signage in the area1 for the duration of the operation4 7#c7 ,u4,s4 ,land ,border ,the operation is within a distance of #be miles from any external land boundary of the ,united ,states and is for the purpose of patrolling or securing the border4 7#d7 ,consent ,the covered information that is collected or disclosed pertains to an individual who provides prior written consent to such collection or disclosure4 7#e7 ,emergency ,the operation is-- 7,a7 an investigative or law enforcement officer reasonably believes that an emergency situation exists that-- 7i7 involves-- 7,i7 immediate danger of death or serious physical injury to any person2 7,,ii7 conspiratorial activities threatening the national security interest2 or 7,,iii7 conspiratorial activities characteristic of organized crime2 and 7ii7 requires such operation1 collection1 or disclosure before a warrant or order authorizing such operation1 collection1 or disclosure may1 with due diligence1 be obtained2 7,b7 that officer applies for such a warrant or order not later than #dh hours after such operation begins2 and 7,c7 that operation is terminated immediately on the earlier of when-- 7i7 the information necessary to resolve the emergency situation is collected2 or 7ii7 the court denies the application for the warrant or order4 7#f7 ,effect of failure to secure warrant or order ,if a warrant or order described in paragraph 7#e7 is denied1 then for purposes of subsection 7b71 an operation1 collection1 or disclosure under that paragraph shall not be considered to be an operation1 collection1 or disclosure authorized under this subsection4 ,any covered information so collected shall be removed from all databases of the governmental entity4 #caai;d4 ,administrative discipline 7a7 ,administrative discipline ,if a court or appropriate department or agency determines that a governmental entity has violated any provision of this ,act1 and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the ,united ,states acted intentionally with respect to the violation1 the department or agency shall1 upon receipt of a true and correct copy of a decision or findings of the court or appropriate department or agency1 promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted4 ,if the head of the department or agency involved determines that disciplinary action is not warranted1 such head shall notify the ,inspector ,general with jurisdiction over the department or agency concerned and shall provide the ,inspector ,general with the reasons for such determination4 7b7 ,improper disclosure is violation ,any willful disclosure or use by an investigative or law enforcement officer or governmental entity of information beyond the extent permitted by this ,act is a violation of this ,act for purposes of this section4 #caai;e4 ,reporting 7a7 ,in ,january of each year1 any ,federal judge who has issued a warrant or order 7or an extension thereof7 under section #c on operation of public unmanned aircraft systems that expired during the preceding year1 or who has denied approval of such a warrant or order during that year1 shall report to the ,administrative ,office of the ,united ,states ,courts-- 7#a7 the fact that an order or extension was applied for2 7#b7 the kind of order or extension applied for2 7#c7 the fact that the order or extension was granted as applied for1 was modified1 or was denied2 7#d7 the period of collections authorized by the order1 and the number and duration of any extensions of the order2 7#e7 the offense specified in the order or application1 or extension of an order2 and 7#f7 the identity of the applying agency making the application and the rank and title of the person authorizing the application4 7b7 ,in ,march of each year the ,attorney ,general1 an ,assistant ,attorney ,general specially designated by the ,attorney ,general1 or the principal prosecuting attorney of a ,state1 or the principal prosecuting attorney for any political subdivision of a ,state1 shall report to the ,administrative ,office of the ,united ,states ,courts-- 7#a7 the information required by paragraphs 7#a7 through 7#f7 of subsection 7a7 with respect to each application for an order or extension made during the preceding calendar year2 7#b7 a general description of all the information collected under such order or extension1 including-- 7,a7 the approximate nature and frequency of incriminating conduct collected2 7,b7 the approximate number of persons whose covered information was collected2 and 7,c7 the approximate nature1 amount1 and cost of the manpower and other resources used in the collection2 7#c7 the number of arrests resulting from covered information collected from such order or extension1 and the offenses for which arrests were made2 7#d7 the number of trials resulting from such covered information2 7#e7 the number of motions to suppress made with respect to such covered information1 and the number granted or denied2 7#f7 the number of convictions resulting from such covered information1 and the offenses for which the convictions were obtained1 and a general assessment of the importance of the information collected2 and 7#g7 the information required by paragraphs 7#b7 through 7#f7 of this subsection with respect to orders or extensions obtained in a preceding calendar year4 7c7 ,in ,june of each year the ,director of the ,administrative ,office of the ,united ,states ,courts shall transmit to the ,congress a full and complete report that includes a summary and analysis of all information received under subsection 7a7 and 7b7 during the preceding calendar year4 ,the ,director of the ,administrative ,office of the ,united ,states ,courts is authorized to issue regulations regarding the content and form of the reports required to be filed by subsections 7a7 and 7b7 of this section4 #caai;f4 ,private use of unmanned aircraft systems ,it shall be unlawful to intentionally operate a private unmanned aircraft system to capture1 in a manner that is highly offensive to a reasonable person1 any type of visual image1 sound recording1 or other physical impression of a individual engaging in a personal or familial activity under circumstances in which the individual had a reasonable expectation of privacy1 through the use of a visual or auditory enhancing device1 regardless of whether there is a physical trespass1 if this image1 sound recording1 or other physical impression could not have been achieved without a trespass unless the visual or auditory enhancing device was used4 #caai;g4 ,application with other ,federal laws ,nothing in this ,act may be construed to modify1 limit1 or supersede the operation of chapter #aai of title #ah1 ,united ,states ,code4 #caai;h4 ,ban on weaponization ,it shall be unlawful for any investigative or law enforcement officer or private individual to operate an unmanned aircraft system that is armed with a firearm 7as such term is defined in section #iba of title #ah1 ,united ,states ,code7 within the airspace of the ,united ,states4 #caai;i4 ,rule of construction regarding ,state laws on unmanned aircraft system usage ,nothing in this ,act shall be construed to preempt any ,state law regarding the use of unmanned aircraft systems exclusively within the borders of that ,state4 4 7b7 ,clerical amendment ,the table of chapters for part ,,ii of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #bje the following3 #bje;,a4,use of unmanned aircraft systems#caai;a 4