,i #aadth ,,congress #ast ,session ,h4 ,r4 #cifb ,,in ,,the ,,house ,,of ,,representatives ,november #e1 #bjae ,ms4 ,del,bene 7for herself1 ,mr4 ,poe of ,texas1 ,ms4 ,lofgren1 ,mr4 ,beyer1 and ,mr4 ,blumenauer7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to describe the authority under which ,federal entities may use mobile aerial-view devices to surveil1 protect individual and collective privacy against warrantless governmental intrusion through the use of mobile aerial-view devices1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,individuals ,from ,mass ,aerial ,surveillance ,act of #bjae4 #b4 ,definitions ,in this ,act1 the following definitions apply3 7#a7 ,mobile aerial-view device1 or ,,mavd ,the terms mobile aerial-view device and ,,mavd mean any device that through flight or aerial lift obtains an aerial view of property1 persons or their effects1 including an unmanned aircraft 7as defined in section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7#di ,u4,s4,c4 #djaja note774 7#b7 ,law enforcement official or agency ,the term law enforcement official or agency means a person or entity authorized by law1 or funded by the ,government of the ,united ,states1 to investigate or prosecute offenses against the ,united ,states4 7#c7 ,federal entity ,the term ,federal entity means any person or entity acting under the authority of1 or funded in whole or in part by1 the ,government1 including a ,federal law enforcement official or agency1 but excluding ,state1 tribal1 or local government agencies or departments4 7#d7 ,national borders ,the term national border means an area that shares not more than #e miles of an external land boundary of the ,united ,states4 7#e7 ,non-,federal entity ,the term non-,federal entity means any person or entity that is not a ,federal entity4 7#f7 ,surveil ,the term surveil means to photograph1 record1 or observe using a sensing device1 regardless of whether the photographs1 observations1 or recordings are stored1 and excludes using a sensing device for the purposes of testing or training operations of ,m,a,v,ds4 7#g7 ,sensing device 7,a7 ,meaning ,the term sensing device means a device capable of remotely acquiring personal information from its surroundings using any frequency of the electromagnetic spectrum1 or a sound detecting system1 or a system that detects chemicals in the atmosphere4 7,b7 ,specific equipment not included ,the term sensing device does not include equipment for which the sole function is to provide information directly necessary for safe air navigation or operation of a ,,mavd4 7#h7 ,public lands ,the term public lands means lands owned by the ,government of the ,united ,states4 #c4 ,prohibited use of ,,mavds ,a ,federal entity shall not use a ,,mavd to surveil property1 persons or their effects1 or gather evidence or other information pertaining to known or suspected criminal conduct1 or conduct that is in violation of a law or regulation4 #d4 ,exceptions ,this ,act shall not prohibit any of the following3 7#a7 ,patrol of borders and national waters ,the use of a ,,mavd by a ,federal entity to surveil national borders or national waters of the ,united ,states to prevent or deter illegal entry of any person or illegal substance at the borders or in national waters of the ,united ,states4 7#b7 ,exigent circumstances 7,a7 ,action necessary ,the use of a ,,mavd by a ,federal entity when exigent circumstances exist4 ,for the purposes of this paragraph1 exigent circumstances exist when the ,federal entity possesses reasonable suspicion that under particular circumstances1 swift action is necessary-- 7i7 to prevent imminent danger of death or serious bodily harm to a specific individual2 7ii7 to counter an imminent risk of a terrorist attack by a specific individual or organization2 7iii7 to prevent imminent destruction of evidence2 or 7iv7 to counter an imminent or actual escape of a criminal or terrorist suspect4 7,b7 ,records ,a ,federal entity using a ,,mavd pursuant to subparagraph 7,a77i7 shall maintain a retrievable record of the facts giving rise to the reasonable suspicion that an exigent circumstance existed4 7#c7 ,public safety and research ,the use of a ,,mavd by a ,federal entity-- 7,a7 to discover1 locate1 observe1 gather evidence in connection to1 or prevent forest fires2 7,b7 to monitor environmental1 geologic1 or weather-related catastrophe or damage from such an event2 7,c7 to research or survey for wildlife management1 habitat preservation1 or geologic1 atmospheric1 or environmental damage or conditions2 7,d7 to survey for the assessment and evaluation of environmental1 geologic or weather-related damage1 erosion1 flood1 or contamination2 and 7,e7 to survey public lands for illegal vegetation4 7#d7 ,consent ,the use of a ,,mavd by a ,federal entity for the purpose of acquiring information about an individual1 or about an individual's property or effects1 if such individual has given written consent to the use of a ,,mavd for such purposes4 7#e7 ,warrant ,law enforcement using a ,,mavd1 pursuant to1 and in accordance with1 a ,rule #da warrant1 to surveil specific property1 persons1 or their effects4 #e4 ,ban on identifying individuals 7a7 ,confidential information ,no ,federal entity actor may make any intentional effort to identify an individual from1 or associate an individual with1 the information collected by operations authorized by paragraphs 7#a7 through 7#c7 of section #d1 nor shall the collected information be disclosed to any entity except another ,federal entity or ,state1 tribal1 or local government agency or department1 or political subdivision thereof1 that agrees to be bound by the restrictions in this ,act4 7b7 ,probable cause ,the restrictions described in subsection 7a7 shall not apply if there is probable cause that the information collected is evidence of specific criminal activity and a warrant is obtained4 #f4 ,prohibition on use of evidence ,no evidence obtained or collected in violation of this ,act may be admissible 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 thereof4 #g4 ,prohibition on solicitation and purchase 7a7 ,existing authority ,a ,federal entity shall not solicit to or award contracts to any entity for such entity to surveil by ,,mavd for the ,federal entity1 unless the ,federal entity has existing authority to surveil the particular property1 persons or their effects1 or interest4 7b7 ,permission granted ,a ,federal entity shall not purchase any information obtained from ,,mavd surveillance by a non-,federal entity if such information contains personal information1 except pursuant to the express consent of all persons whose personal information is to be sold4 #h4 ,rule of construction ,nothing in this ,act shall be construed to preempt any ,state law regarding the use of ,m,a,v,ds exclusively within the borders of that ,state4