I 

113TH CONGRESS 

1ST SESSION H. R. 637 

To provide for a legal framework for the operation of public unmanned 

aircraft systems, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2013 

Mr. POE of Texas (for himself and Ms. LOFGREN) introduced the following 

bill; which was referred to the Committee on the Judiciary 

A BILL 

To provide for a legal framework for the operation of public 

unmanned aircraft systems, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preserving American 

5 Privacy Act of 2013’’. 

6 SEC. 2. USE OF UNMANNED AIRCRAFT SYSTEMS. 

7 (a) IN GENERAL.—Part II of title 18, United States 

8 Code, is amended by inserting after chapter 205 the fol9 lowing: 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 637 IH

1 ‘‘CHAPTER 205A—USE OF UNMANNED 

2 AIRCRAFT SYSTEMS 

‘‘3119a. Definitions. 

‘‘3119b. Use of public unmanned aircraft systems. 

‘‘3119c. Use of covered information as evidence. 

‘‘3119d. Administrative discipline. 

‘‘3119e. Reporting. 

‘‘3119f. Private use of unmanned aircraft systems. 

‘‘3119g. Application with other Federal laws. 

‘‘3119h. Ban on weaponization. 

‘‘3119i. Rule of construction regarding State laws on unmanned aircraft system 

usage. 

3 ‘‘§ 3119a. Definitions 

4 ‘‘In this Act: 

5 ‘‘(1) COURT OF COMPETENT JURISDICTION.— 

6 The term ‘court of competent jurisdiction’ in7 cludes— 

8 ‘‘(A) any district court of the United 

9 States (including a magistrate judge of such a 

10 court) or any United States court of appeals 

11 that— 

12 ‘‘(i) has jurisdiction over the offense 

13 being investigated; 

14 ‘‘(ii) is in a district in which the pub15 lic unmanned aircraft system is located or 

16 where the public unmanned aircraft system 

17 is being or sought to be operated; or 

18 ‘‘(iii) is acting on a request for foreign 

19 assistance pursuant to section 3512 of title 

20 18, United States Code; or 


tjames on DSK6SPTVN1PROD with BILLS
3 

•HR 637 IH

1 ‘‘(B) a court of general criminal jurisdic2 tion of a State authorized by the law of that 

3 State to issue search warrants. 

4 ‘‘(2) COVERED INFORMATION.—The term ‘cov5 ered information’ means— 

6 ‘‘(A) information that is reasonably likely 

7 to enable identification of an individual; or 

8 ‘‘(B) information about an individual’s 

9 property that is not in plain view. 

10 ‘‘(3) GOVERNMENTAL ENTITY.—The term ‘gov11 ernmental entity’ means a department or agency of 

12 the United States or any State or political subdivi13 sion thereof. 

14 ‘‘(4) PUBLIC UNMANNED AIRCRAFT SYSTEM.— 

15 The term ‘public unmanned aircraft system’ has the 

16 meaning given such term in section 331 of the FAA 

17 Modernization and Reform Act of 2012 (49 U.S.C. 

18 40101 note). 

19 ‘‘(5) STATE.—The term ‘State’ means any 

20 State of the United States, the District of Columbia, 

21 the Commonwealth of Puerto Rico, and any territory 

22 or possession of the United States. 

23 ‘‘(6) UNMANNED AIRCRAFT SYSTEM.—The term 

24 ‘unmanned aircraft system’ has the meaning given 


tjames on DSK6SPTVN1PROD with BILLS
4 

•HR 637 IH

1 such term in section 331 of the FAA Modernization 

2 and Reform Act of 2012 (49 U.S.C. 40101 note). 

3 ‘‘§ 3119b. Use of public unmanned aircraft systems 

4 ‘‘(a) APPLICATION.—A governmental entity shall op5 erate any public unmanned aircraft system only in accord6 ance with this Act. 

7 ‘‘(b) MINIMIZATION.—In operating a public un8 manned aircraft system or disclosing any covered informa9 tion collected by such operation, a governmental entity 

10 shall minimize, to the maximum extent practicable, the 

11 collection or disclosure of such covered information. 

12 ‘‘(c) DATA COLLECTION STATEMENT REQUIRED.— 

13 ‘‘(1) Concurrent with an application for a cer14 tificate or license to operate a public unmanned air15 craft system in the national airspace, a govern16 mental entity shall submit to the Attorney General 

17 a data collection statement, in such form and man18 ner as the Attorney General may by rule require, 

19 that describes— 

20 ‘‘(A) the purpose for which the public un21 manned aircraft system will be used; 

22 ‘‘(B) whether the public unmanned aircraft 

23 system is capable of collecting covered informa24 tion; 


tjames on DSK6SPTVN1PROD with BILLS
5 

•HR 637 IH

1 ‘‘(C) the length of time for which the col2 lected covered information will be retained; 

3 ‘‘(D) an individual point of contact for cit4 izen feedback; 

5 ‘‘(E) the particular unit of the govern6 mental entity responsible for safe and appro7 priate operation of the public unmanned air8 craft system; 

9 ‘‘(F) the rank and title of the individual 

10 who may authorize the operation of the public 

11 unmanned aircraft system; 

12 ‘‘(G) the applicable data minimization poli13 cies barring the collection of covered informa14 tion unrelated to the investigation of crime and 

15 requiring the destruction of covered information 

16 that is no longer relevant to the investigation of 

17 a crime; and 

18 ‘‘(H) the applicable audit and oversight 

19 procedures that ensure governmental entities 

20 and those acting on their behalf use the un21 manned aircraft system only as authorized, 

22 within the scope of the data collection state23 ment, and in compliance with data minimization 

24 policies. 


tjames on DSK6SPTVN1PROD with BILLS
6 

•HR 637 IH

1 ‘‘(2) The applicant is responsible for submitting 

2 to the Attorney General updates to the data collec3 tion statement. 

4 ‘‘(3) The Attorney General may request that 

5 the Secretary of Transportation revoke the certifi6 cate or license to operate the public unmanned air7 craft system in the national airspace if the opera8 tor’s activity contravenes the data collection state9 ment disclosures required in paragraph (1). 

10 ‘‘(4) Not later than 6 months after the date of 

11 enactment of this Act, the Attorney General shall 

12 issue regulations to establish a database, that is 

13 publicly accessible via electronic means, indexing the 

14 certificates or licenses and the associated data collec15 tion statements described in this subsection for pub16 lic unmanned aircraft systems operated within the 

17 national airspace. 

18 ‘‘§ 3119c. Use of covered information as evidence 

19 ‘‘(a) IN GENERAL.—Covered information that a gov20 ernmental entity collects by operation of a public un21 manned aircraft system, and evidence derived from such 

22 covered information, may not be received as evidence 

23 against an individual in any trial, hearing, or other pro24 ceeding in or before any court, grand jury, department, 

25 officer, agency, regulatory body, legislative committee, or 


tjames on DSK6SPTVN1PROD with BILLS
7 

•HR 637 IH

1 other authority of the United States, a State, or a political 

2 subdivision thereof, unless such operation and collection, 

3 or disclosure of such covered information is in accordance 

4 with this Act. 

5 ‘‘(b) PROHIBITION ON USE FOR LAW ENFORCEMENT

6 PURPOSES.—Except as provided in subsection (c), a gov7 ernmental entity may not— 

8 ‘‘(1) operate a public unmanned aircraft system 

9 for a law enforcement purpose to collect covered in10 formation; or 

11 ‘‘(2) disclose covered information so collected. 

12 ‘‘(c) EXCEPTIONS.—A governmental entity may oper13 ate a public unmanned aircraft system and may collect 

14 or disclose covered information acquired by such operation 

15 for a law enforcement purpose only if such operation, col16 lection, or disclosure is in accordance with any of the fol17 lowing: 

18 ‘‘(1) WARRANT.—The operation, collection, or 

19 disclosure is— 

20 ‘‘(A) pursuant to a warrant issued by a 

21 court of competent jurisdiction; and 

22 ‘‘(B) not later than 10 days after the exe23 cution of the warrant, the governmental entity 

24 that sought the warrant serves a copy of the 

25 warrant on each person on whom covered inforVerDate Mar 15 2010 00:31 Feb 22, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H637.IH H637

tjames on DSK6SPTVN1PROD with BILLS
8 

•HR 637 IH

1 mation was collected, except, if providing such 

2 notice would seriously jeopardize an ongoing 

3 criminal or national security investigation, the 

4 court may delay such notice on request of the 

5 governmental entity. 

6 ‘‘(2) ORDER.—The operation, collection, or dis7 closure is pursuant to an order that may be lawfully 

8 issued by a court of competent jurisdiction— 

9 ‘‘(A) based on the allegation by the govern10 mental entity requesting such order of specific 

11 and articulable facts showing a reasonable sus12 picion of criminal activity and a reasonable 

13 probability that the operation of a public un14 manned aircraft system will provide evidence of 

15 such criminal activity; 

16 ‘‘(B) authorizing the operation of a public 

17 unmanned aircraft system only in a stipulated 

18 public area for a period of not more than 48 

19 hours; 

20 ‘‘(C) which may be renewed at the court’s 

21 discretion for a total period of operation of not 

22 longer than 30 days; and 

23 ‘‘(D) notice is provided— 

24 ‘‘(i) not later than 10 days after the 

25 termination of which, by serving a copy on 


tjames on DSK6SPTVN1PROD with BILLS
9 

•HR 637 IH

1 each person on whom covered information 

2 was collected; or 

3 ‘‘(ii) not less than 48 hours prior to 

4 such operation, to the public in the stipu5 lated public area, by prominent placement 

6 of a notification— 

7 ‘‘(I) in a major publication (with 

8 circulation of more than 1,000 in that 

9 area); 

10 ‘‘(II) on a public Internet Web 

11 site of the governmental entity, for 

12 the duration of the operation; or 

13 ‘‘(III) on public signage in the 

14 area, for the duration of the oper15 ation. 

16 ‘‘(3) U.S. LAND BORDER.—The operation is 

17 within a distance of 25 miles from any external land 

18 boundary of the United States and is for the pur19 pose of patrolling or securing the border. 

20 ‘‘(4) CONSENT.—The covered information that 

21 is collected or disclosed pertains to an individual who 

22 provides prior written consent to such collection or 

23 disclosure. 

24 ‘‘(5) EMERGENCY.—The operation is— 


tjames on DSK6SPTVN1PROD with BILLS
10 

•HR 637 IH

1 ‘‘(A) an investigative or law enforcement 

2 officer reasonably believes that an emergency 

3 situation exists that— 

4 ‘‘(i) involves— 

5 ‘‘(I) immediate danger of death 

6 or serious physical injury to any per7 son; 

8 ‘‘(II) conspiratorial activities 

9 threatening the national security in10 terest; or 

11 ‘‘(III) conspiratorial activities 

12 characteristic of organized crime; and 

13 ‘‘(ii) requires such operation, collec14 tion, or disclosure before a warrant or 

15 order authorizing such operation, collec16 tion, or disclosure may, with due diligence, 

17 be obtained; 

18 ‘‘(B) that officer applies for such a war19 rant or order not later than 48 hours after such 

20 operation begins; and 

21 ‘‘(C) that operation is terminated imme22 diately on the earlier of when— 

23 ‘‘(i) the information necessary to re24 solve the emergency situation is collected; 

25 or 


tjames on DSK6SPTVN1PROD with BILLS
11 

•HR 637 IH

1 ‘‘(ii) the court denies the application 

2 for the warrant or order. 

3 ‘‘(6) EFFECT OF FAILURE TO SECURE WAR4 RANT OR ORDER.—If a warrant or order described 

5 in paragraph (5) is denied, then for purposes of sub6 section (b), an operation, collection, or disclosure 

7 under that paragraph shall not be considered to be 

8 an operation, collection, or disclosure authorized 

9 under this subsection. Any covered information so 

10 collected shall be removed from all databases of the 

11 governmental entity. 

12 ‘‘§ 3119d. Administrative discipline 

13 ‘‘(a) ADMINISTRATIVE DISCIPLINE.—If a court or 

14 appropriate department or agency determines that a gov15 ernmental entity has violated any provision of this Act, 

16 and the court or appropriate department or agency finds 

17 that the circumstances surrounding the violation raise se18 rious questions about whether or not an officer or em19 ployee of the United States acted intentionally with re20 spect to the violation, the department or agency shall, 

21 upon receipt of a true and correct copy of a decision or 

22 findings of the court or appropriate department or agency, 

23 promptly initiate a proceeding to determine whether dis24 ciplinary action against the officer or employee is war25 ranted. If the head of the department or agency involved 


tjames on DSK6SPTVN1PROD with BILLS
12 

•HR 637 IH

1 determines that disciplinary action is not warranted, such 

2 head shall notify the Inspector General with jurisdiction 

3 over the department or agency concerned and shall provide 

4 the Inspector General with the reasons for such deter5 mination. 

6 ‘‘(b) IMPROPER DISCLOSURE IS VIOLATION.—Any 

7 willful disclosure or use by an investigative or law enforce8 ment officer or governmental entity of information beyond 

9 the extent permitted by this Act is a violation of this Act 

10 for purposes of this section. 

11 ‘‘§ 3119e. Reporting 

12 ‘‘(a) In January of each year, any Federal judge who 

13 has issued a warrant or order (or an extension thereof) 

14 under section 3 on operation of public unmanned aircraft 

15 systems that expired during the preceding year, or who 

16 has denied approval of such a warrant or order during 

17 that year, shall report to the Administrative Office of the 

18 United States Courts— 

19 ‘‘(1) the fact that an order or extension was ap20 plied for; 

21 ‘‘(2) the kind of order or extension applied for; 

22 ‘‘(3) the fact that the order or extension was 

23 granted as applied for, was modified, or was denied; 


tjames on DSK6SPTVN1PROD with BILLS
13 

•HR 637 IH

1 ‘‘(4) the period of collections authorized by the 

2 order, and the number and duration of any exten3 sions of the order; 

4 ‘‘(5) the offense specified in the order or appli5 cation, or extension of an order; and 

6 ‘‘(6) the identity of the applying agency making 

7 the application and the rank and title of the person 

8 authorizing the application. 

9 ‘‘(b) In March of each year the Attorney General, an 

10 Assistant Attorney General specially designated by the At11 torney General, or the principal prosecuting attorney of 

12 a State, or the principal prosecuting attorney for any po13 litical subdivision of a State, shall report to the Adminis14 trative Office of the United States Courts— 

15 ‘‘(1) the information required by paragraphs 

16 (1) through (6) of subsection (a) with respect to 

17 each application for an order or extension made dur18 ing the preceding calendar year; 

19 ‘‘(2) a general description of all the information 

20 collected under such order or extension, including— 

21 ‘‘(A) the approximate nature and fre22 quency of incriminating conduct collected; 

23 ‘‘(B) the approximate number of persons 

24 whose covered information was collected; and 


tjames on DSK6SPTVN1PROD with BILLS
14 

•HR 637 IH

1 ‘‘(C) the approximate nature, amount, and 

2 cost of the manpower and other resources used 

3 in the collection; 

4 ‘‘(3) the number of arrests resulting from cov5 ered information collected from such order or exten6 sion, and the offenses for which arrests were made; 

7 ‘‘(4) the number of trials resulting from such 

8 covered information; 

9 ‘‘(5) the number of motions to suppress made 

10 with respect to such covered information, and the 

11 number granted or denied; 

12 ‘‘(6) the number of convictions resulting from 

13 such covered information, and the offenses for which 

14 the convictions were obtained, and a general assess15 ment of the importance of the information collected; 

16 and 

17 ‘‘(7) the information required by paragraphs 

18 (2) through (6) of this subsection with respect to or19 ders or extensions obtained in a preceding calendar 

20 year. 

21 ‘‘(c) In June of each year the Director of the Admin22 istrative Office of the United States Courts shall transmit 

23 to the Congress a full and complete report that includes 

24 a summary and analysis of all information received under 

25 subsection (a) and (b) during the preceding calendar year. 


tjames on DSK6SPTVN1PROD with BILLS
15 

•HR 637 IH

1 The Director of the Administrative Office of the United 

2 States Courts is authorized to issue regulations regarding 

3 the content and form of the reports required to be filed 

4 by subsections (a) and (b) of this section. 

5 ‘‘§ 3119f. Private use of unmanned aircraft systems 

6 ‘‘It shall be unlawful to intentionally operate a pri7 vate unmanned aircraft system to capture, in a manner 

8 that is highly offensive to a reasonable person, any type 

9 of visual image, sound recording, or other physical impres10 sion of a individual engaging in a personal or familial ac11 tivity under circumstances in which the individual had a 

12 reasonable expectation of privacy, through the use of a vis13 ual or auditory enhancing device, regardless of whether 

14 there is a physical trespass, if this image, sound recording, 

15 or other physical impression could not have been achieved 

16 without a trespass unless the visual or auditory enhancing 

17 device was used. 

18 ‘‘§ 3119g. Application with other Federal laws 

19 ‘‘Nothing in this Act may be construed to modify, 

20 limit, or supersede the operation of chapter 119 of title 

21 18, United States Code. 

22 ‘‘§ 3119h. Ban on weaponization 

23 ‘‘It shall be unlawful for any investigative or law en24 forcement officer or private individual to operate an un25 manned aircraft system that is armed with a firearm (as 


tjames on DSK6SPTVN1PROD with BILLS
16 

•HR 637 IH

1 such term is defined in section 921 of title 18, United 

2 States Code) within the airspace of the United States. 

3 ‘‘§ 3119i. Rule of construction regarding State laws on 

4 unmanned aircraft system usage 

5 ‘‘Nothing in this Act shall be construed to preempt 

6 any State law regarding the use of unmanned aircraft sys7 tems exclusively within the borders of that State.’’. 

8 (b) CLERICAL AMENDMENT.—The table of chapters 

9 for part II of title 18, United States Code, is amended 

10 by inserting after the item relating to chapter 205 the fol11 lowing: 

‘‘205A. Use of unmanned aircraft systems .............................................. 3119a’’. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS