Title: Preserving American Privacy Act of 2018
Policy area: Crime and Law Enforcement

Summary:
Preserving American Privacy Act of 2018
This bill restricts the use of public unmanned aircraft systems (i.e., drones) to limit, to the maximum extent practicable, the disclosure of information collected by drones that is reasonably likely to enable identification of an individual or information about an individual's property that is not in plain view (covered information).
The bill requires a governmental entity applying for a license to operate a drone to submit to the Department of Justice a data collection statement describing the purpose for which the drone will be used.
The bill also prohibits the use of covered information collected by drones in legal proceedings and limits its use for law enforcement purposes. A governmental entity may only disclose such information for law enforcement purposes pursuant to a warrant, a court order, or in emergency circumstances.
The bill prohibits: (1) the use of private drones to capture images of individuals in private activities who have a reasonable expectation of privacy, and (2) any investigative or law enforcement officer or private individual from operating a drone that is armed with a firearm.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6617 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 6617

 To provide for a legal framework for the operation of public unmanned 
               aircraft systems, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2018

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserving American Privacy Act of 
2018''.

SEC. 2. USE OF UNMANNED AIRCRAFT SYSTEMS.

    (a) In General.--Part II of title 18, United States Code, is 
amended by inserting after chapter 205 the following:

            ``CHAPTER 205A--USE OF UNMANNED 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.
``Sec. 3119a. Definitions
    ``In this Act:
            ``(1) Court of competent jurisdiction.--The term `court of 
        competent jurisdiction' includes--
                    ``(A) any district court of the United States 
                (including a magistrate judge of such a court) or any 
                United States court of appeals that--
                            ``(i) has jurisdiction over the offense 
                        being investigated;
                            ``(ii) 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 operated; or
                            ``(iii) is acting on a request for foreign 
                        assistance pursuant to section 3512 of title 
                        18, United States Code; or
                    ``(B) a court of general criminal jurisdiction of a 
                State authorized by the law of that State to issue 
                search warrants.
            ``(2) Covered information.--The term `covered information' 
        means--
                    ``(A) information that is reasonably likely to 
                enable identification of an individual; or
                    ``(B) information about an individual's property 
                that is not in plain view.
            ``(3) Governmental entity.--The term `governmental entity' 
        means a department or agency of the United States or any State 
        or political subdivision thereof.
            ``(4) Public unmanned aircraft system.--The term `public 
        unmanned aircraft system' has the meaning given such term in 
        section 331 of the FAA Modernization and Reform Act of 2012 (49 
        U.S.C. 40101 note).
            ``(5) State.--The term `State' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, and any territory or possession of the United 
        States.
            ``(6) Unmanned aircraft system.--The term `unmanned 
        aircraft system' has the meaning given such term in section 331 
        of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 
        40101 note).
``Sec. 3119b. Use of public unmanned aircraft systems
    ``(a) Application.--A governmental entity shall operate any public 
unmanned aircraft system only in accordance with this Act.
    ``(b) Minimization.--In operating a public unmanned aircraft system 
or disclosing any covered information collected by such operation, a 
governmental entity shall minimize, to the maximum extent practicable, 
the collection or disclosure of such covered information.
    ``(c) Data Collection Statement Required.--
            ``(1) Concurrent with an application for a certificate or 
        license to operate a public unmanned aircraft system in the 
        national airspace, a governmental entity shall submit to the 
        Attorney General a data collection statement, in such form and 
        manner as the Attorney General may by rule require, that 
        describes--
                    ``(A) the purpose for which the public unmanned 
                aircraft system will be used;
                    ``(B) whether the public unmanned aircraft system 
                is capable of collecting covered information;
                    ``(C) the length of time for which the collected 
                covered information will be retained;
                    ``(D) an individual point of contact for citizen 
                feedback;
                    ``(E) the particular unit of the governmental 
                entity responsible for safe and appropriate operation 
                of the public unmanned aircraft system;
                    ``(F) the rank and title of the individual who may 
                authorize the operation of the public unmanned aircraft 
                system;
                    ``(G) 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 crime; and
                    ``(H) the applicable audit and oversight procedures 
                that ensure governmental entities and those acting on 
                their behalf use the unmanned aircraft system only as 
                authorized, within the scope of the data collection 
                statement, and in compliance with data minimization 
                policies.
            ``(2) The applicant is responsible for submitting to the 
        Attorney General updates to the data collection statement.
            ``(3) 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 (1).
            ``(4) Not later than 6 months after the date of enactment 
        of this Act, the Attorney General shall issue regulations to 
        establish a database, that is publicly accessible via 
        electronic means, indexing the certificates or licenses and the 
        associated data collection statements described in this 
        subsection for public unmanned aircraft systems operated within 
        the national airspace.
``Sec. 3119c. Use of covered information as evidence
    ``(a) In General.--Covered information that a governmental entity 
collects by operation of a public unmanned aircraft system, and 
evidence derived from such covered information, may not 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, unless 
such operation and collection, or disclosure of such covered 
information is in accordance with this Act.
    ``(b) Prohibition on Use for Law Enforcement Purposes.--Except as 
provided in subsection (c), a governmental entity may not--
            ``(1) operate a public unmanned aircraft system for a law 
        enforcement purpose to collect covered information; or
            ``(2) disclose covered information so collected.
    ``(c) 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 operation, collection, or disclosure is in accordance with 
any of the following:
            ``(1) Warrant.--The operation, collection, or disclosure 
        is--
                    ``(A) pursuant to a warrant issued by a court of 
                competent jurisdiction; and
                    ``(B) not later than 10 days after the execution of 
                the warrant, the governmental entity that sought the 
                warrant serves a copy of the warrant on each person on 
                whom covered information was collected, except, if 
                providing such notice would seriously jeopardize an 
                ongoing criminal or national security investigation, 
                the court may delay such notice on request of the 
                governmental entity.
            ``(2) Order.--The operation, collection, or disclosure is 
        pursuant to an order that may be lawfully issued by a court of 
        competent jurisdiction--
                    ``(A) 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 activity;
                    ``(B) authorizing the operation of a public 
                unmanned aircraft system only in a stipulated public 
                area for a period of not more than 48 hours;
                    ``(C) which may be renewed at the court's 
                discretion for a total period of operation of not 
                longer than 30 days; and
                    ``(D) notice is provided--
                            ``(i) not later than 10 days after the 
                        termination of which, by serving a copy on each 
                        person on whom covered information was 
                        collected; or
                            ``(ii) not less than 48 hours prior to such 
                        operation, to the public in the stipulated 
                        public area, by prominent placement of a 
                        notification--
                                    ``(I) in a major publication (with 
                                circulation of more than 1,000 in that 
                                area);
                                    ``(II) on a public Internet Web 
                                site of the governmental entity, for 
                                the duration of the operation; or
                                    ``(III) on public signage in the 
                                area, for the duration of the 
                                operation.
            ``(3) U.S. land border.--The operation is within a distance 
        of 25 miles from any external land boundary of the United 
        States and is for the purpose of patrolling or securing the 
        border.
            ``(4) Consent.--The covered information that is collected 
        or disclosed pertains to an individual who provides prior 
        written consent to such collection or disclosure.
            ``(5) Emergency.--The operation is--
                    ``(A) an investigative or law enforcement officer 
                reasonably believes that an emergency situation exists 
                that--
                            ``(i) involves--
                                    ``(I) immediate danger of death or 
                                serious physical injury to any person;
                                    ``(II) conspiratorial activities 
                                threatening the national security 
                                interest; or
                                    ``(III) conspiratorial activities 
                                characteristic of organized crime; and
                            ``(ii) requires such operation, collection, 
                        or disclosure before a warrant or order 
                        authorizing such operation, collection, or 
                        disclosure may, with due diligence, be 
                        obtained;
                    ``(B) that officer applies for such a warrant or 
                order not later than 48 hours after such operation 
                begins; and
                    ``(C) that operation is terminated immediately on 
                the earlier of when--
                            ``(i) the information necessary to resolve 
                        the emergency situation is collected; or
                            ``(ii) the court denies the application for 
                        the warrant or order.
            ``(6) Effect of failure to secure warrant or order.--If a 
        warrant or order described in paragraph (5) is denied, then for 
        purposes of subsection (b), an operation, collection, or 
        disclosure under that paragraph shall not be considered to be 
        an operation, collection, or disclosure authorized under this 
        subsection. Any covered information so collected shall be 
        removed from all databases of the governmental entity.
``Sec. 3119d. Administrative discipline
    ``(a) Administrative Discipline.--If a court or appropriate 
department or agency determines that a governmental entity has violated 
any provision of this Act, 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 violation, the 
department or agency shall, upon receipt of a true and correct copy of 
a decision or findings of the court or appropriate department or 
agency, promptly initiate a proceeding to determine whether 
disciplinary action against the officer or employee is warranted. If 
the head of the department or agency involved determines that 
disciplinary action is not warranted, 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 determination.
    ``(b) 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 section.
``Sec. 3119e. Reporting
    ``(a) In January of each year, any Federal judge who has issued a 
warrant or order (or an extension thereof) under section 3 on operation 
of public unmanned aircraft systems that expired during the preceding 
year, or who has denied approval of such a warrant or order during that 
year, shall report to the Administrative Office of the United States 
Courts--
            ``(1) the fact that an order or extension was applied for;
            ``(2) the kind of order or extension applied for;
            ``(3) the fact that the order or extension was granted as 
        applied for, was modified, or was denied;
            ``(4) the period of collections authorized by the order, 
        and the number and duration of any extensions of the order;
            ``(5) the offense specified in the order or application, or 
        extension of an order; and
            ``(6) the identity of the applying agency making the 
        application and the rank and title of the person authorizing 
        the application.
    ``(b) In March of each year the Attorney General, an Assistant 
Attorney General specially designated by the Attorney General, or the 
principal prosecuting attorney of a State, or the principal prosecuting 
attorney for any political subdivision of a State, shall report to the 
Administrative Office of the United States Courts--
            ``(1) the information required by paragraphs (1) through 
        (6) of subsection (a) with respect to each application for an 
        order or extension made during the preceding calendar year;
            ``(2) a general description of all the information 
        collected under such order or extension, including--
                    ``(A) the approximate nature and frequency of 
                incriminating conduct collected;
                    ``(B) the approximate number of persons whose 
                covered information was collected; and
                    ``(C) the approximate nature, amount, and cost of 
                the manpower and other resources used in the 
                collection;
            ``(3) the number of arrests resulting from covered 
        information collected from such order or extension, and the 
        offenses for which arrests were made;
            ``(4) the number of trials resulting from such covered 
        information;
            ``(5) the number of motions to suppress made with respect 
        to such covered information, and the number granted or denied;
            ``(6) the number of convictions resulting from such covered 
        information, and the offenses for which the convictions were 
        obtained, and a general assessment of the importance of the 
        information collected; and
            ``(7) the information required by paragraphs (2) through 
        (6) of this subsection with respect to orders or extensions 
        obtained in a preceding calendar year.
    ``(c) 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 subsections (a) and (b) during the preceding 
calendar year. 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 (a) and (b) 
of this section.
``Sec. 3119f. Private use of unmanned aircraft systems
    ``It shall be unlawful to intentionally operate a private unmanned 
aircraft system to capture, in a manner that is highly offensive to a 
reasonable person, any type of visual image, sound recording, 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 privacy, through the use of a visual or auditory 
enhancing device, regardless of whether there is a physical trespass, 
if this image, sound recording, or other physical impression could not 
have been achieved without a trespass unless the visual or auditory 
enhancing device was used.
``Sec. 3119g. Application with other Federal laws
    ``Nothing in this Act may be construed to modify, limit, or 
supersede the operation of chapter 119 of title 18, United States Code.
``Sec. 3119h. 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 (as such term is defined in section 921 of 
title 18, United States Code) within the airspace of the United States.
``Sec. 3119i. 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 State.''.
    (b) Clerical Amendment.--The table of chapters for part II of title 
18, United States Code, is amended by inserting after the item relating 
to chapter 205 the following:

``205A. Use of unmanned aircraft systems....................   3119a''.
                                 <all>