I 
114TH CONGRESS 
1ST SESSION H. R. 3962 
To describe the authority under which Federal entities may use mobile aerial- 
view devices to surveil, protect individual and collective privacy against 
warrantless governmental intrusion through the use of mobile aerial- 
view devices, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 5, 2015 
Ms. DELBENE (for herself, Mr. POE of Texas, Ms. LOFGREN, Mr. BEYER, 
and Mr. BLUMENAUER) introduced the following bill; 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 surveil, protect indi-
vidual and collective privacy against warrantless govern-
mental intrusion through the use of mobile aerial-view 
devices, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Individuals 
From Mass Aerial Surveillance Act of 2015’’. 
SEC. 2. DEFINITIONS. 
In this Act, the following definitions apply: 
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(1) MOBILE AERIAL-VIEW DEVICE, OR MAVD.— 
The terms ‘‘mobile aerial-view device’’ and ‘‘MAVD’’ 
mean any device that through flight or aerial lift ob-
tains an aerial view of property, persons or their ef-
fects, 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) LAW
ENFORCEMENT
OFFICIAL
OR
AGEN-
CY.—The term ‘‘law enforcement official or agency’’ 
means a person or entity authorized by law, or fund-
ed by the Government of the United States, to inves-
tigate or prosecute offenses against the United 
States. 
(3) FEDERAL ENTITY.—The term ‘‘Federal en-
tity’’ means any person or entity acting under the 
authority of, or funded in whole or in part by, the 
Government, including a Federal law enforcement 
official or agency, but excluding State, tribal, or 
local government agencies or departments. 
(4) NATIONAL BORDERS.—The term ‘‘national 
border’’ means an area that shares not more than 
5 miles of an external land boundary of the United 
States. 
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(5) NON-FEDERAL
ENTITY.—The term ‘‘non- 
Federal entity’’ means any person or entity that is 
not a Federal entity. 
(6) SURVEIL.—The term ‘‘surveil’’ means to 
photograph, record, or observe using a sensing de-
vice, regardless of whether the photographs, observa-
tions, or recordings are stored, and excludes using a 
sensing device for the purposes of testing or training 
operations of MAVDs. 
(7) SENSING DEVICE.— 
(A) MEANING.—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 de-
tecting system, or a system that detects 
chemicals in the atmosphere. 
(B) SPECIFIC
EQUIPMENT
NOT
IN-
CLUDED.—The term ‘‘sensing device’’ does 
not include equipment for which the sole 
function is to provide information directly 
necessary for safe air navigation or oper-
ation of a MAVD. 
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(8) PUBLIC LANDS.—The term ‘‘public lands’’ 
means lands owned by the Government of the 
United States. 
SEC. 3. 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 crimi-
nal conduct, or conduct that is in violation of a law or 
regulation. 
SEC. 4. EXCEPTIONS. 
This Act shall not prohibit any of the following: 
(1) 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 na-
tional waters of the United States. 
(2) EXIGENT CIRCUMSTANCES.— 
(A) ACTION
NECESSARY.—The use of a 
MAVD by a Federal entity when exigent cir-
cumstances exist. For the purposes of this 
paragraph, exigent circumstances exist when 
the Federal entity possesses reasonable sus-
picion that under particular circumstances, 
swift action is necessary— 
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(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) RECORDS.—A Federal entity using a 
MAVD pursuant to subparagraph (A)(i) shall 
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 evi-
dence 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 man-
agement, habitat preservation, or geologic, at-
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mospheric, or environmental damage or condi-
tions; 
(D) to survey for the assessment and eval-
uation of environmental, geologic or weather-re-
lated damage, erosion, flood, or contamination; 
and 
(E) to survey public lands for illegal vege-
tation. 
(4) CONSENT.—The use of a MAVD by a Fed-
eral entity for the purpose of acquiring information 
about an individual, or about an individual’s prop-
erty 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. 
SEC. 5. BAN ON IDENTIFYING INDIVIDUALS. 
(a) CONFIDENTIAL INFORMATION.—No Federal enti-
ty actor may make any intentional effort to identify an 
individual from, or associate an individual with, the infor-
mation collected by operations authorized by paragraphs 
(1) through (3) of section 4, nor shall the collected infor-
mation be disclosed to any entity except another Federal 
entity or State, tribal, or local government agency or de-
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partment, or political subdivision thereof, that agrees to 
be bound by the restrictions in this Act. 
(b) PROBABLE CAUSE.—The restrictions described in 
subsection (a) shall not apply if there is probable cause 
that the information collected is evidence of specific crimi-
nal activity and a warrant is obtained. 
SEC. 6. 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 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. 
SEC. 7. PROHIBITION ON SOLICITATION AND PURCHASE. 
(a) 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 entity, unless 
the Federal entity has existing authority to surveil the 
particular property, persons or their effects, or interest. 
(b) PERMISSION GRANTED.—A Federal entity shall 
not purchase any information obtained from MAVD sur-
veillance by a non-Federal entity if such information con-
tains personal information, except pursuant to the express 
consent of all persons whose personal information is to 
be sold. 
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SEC. 8. RULE OF CONSTRUCTION. 
Nothing in this Act shall be construed to preempt any 
State law regarding the use of MAVDs exclusively within 
the borders of that State. 
Æ 
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