Nacdl draft drone legislation
Published on: Mar 3, 2016
Transcripts - Nacdl draft drone legislation
CONGRESS BILL NUMBER
[Purpose]: To protect individual privacy against unwarranted governmental intrusion through the
use of unmanned aerial systems commonly called drones, and for other purposes.
IN THE [CHAMBER] OF THE UNITED STATES
Xx introduced the following bill; which was read twice and referred to the Committee on the
To protect individual privacy against unwarranted governmental intrusion through the use of
unmanned aerial systems commonly called drones, 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 “[Insert Short Title”]
SECTION 2. DEFINITIONS.
In this Act---
(a) the term “unmanned aircraft” means any aircraft that is operated without the
possibility of direct human intervention from within or on the aircraft (as
defined in section 331 of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 40101 note). and
(b) the term “law enforcement agency” means a person or entity authorized by
law, or funded by the Government of the United States, to investigate or
prosecute offenses against the United States.
(c) the term “unmanned aircraft system” means an unmanned aircraft and
associated elements (including communication links and the components
that control the unmanned aircraft) that are required for the pilot in command
to operate safely and efficiently in the national airspace system.
(d) the term “anti-personnel device” means any projectile, chemical substance,
electrical or directed-energy emission, whether visible or invisible, designed
to harm, incapacitate, or otherwise negatively impact a human being.
SEC. 3. PROHIBITED USE OF UNMANNED AIRCRAFT SYSTEMS
Except as provided in section 4, a person or entity acting under the authority, or funded in
whole or in part by, the Government of the United States shall not use an unmanned aircraft for
surveillance of a person within the United States or for the surveillance of personal or business
property located within the borders of the United States to gather evidence or other information
pertaining to criminal conduct or conduct in violation of a statute or regulation except to the
extent authorized in a warrant that satisfies the requirements of the Fourth Amendment to the
Constitution of the United States.
SEC. 4. EXCEPTIONS
This Act does not prohibit any use of an unmanned aircraft for surveillance during the
course of the following:
(a) PATROL OF NATIONAL BORDERS - The use of an unmanned aircraft to patrol
within 25 miles of a national border for purposes of policing the border to prevent or
deter illegal entry of any persons, illegal substances, or contraband.
(b) EXIGENT CIRCUMSTANCES - The use of an unmanned aircraft by a law
enforcement agency is permitted when exigent circumstances exist. For the purposes of
this paragraph, exigent circumstances exist when a law enforcement agency possesses
reasonable suspicion that absent swift preventative action, there is an imminent danger to
life or imminent risk of threat of bodily harm.
(c) DURING AN ENVIRONMENTAL OR WEATHER RELATED
CATASTROPHE – The use of an unmanned aircraft by federal and state authorities to
preserve public safety, protect property, and conduct surveillance for the assessment and
evaluation of environmental or weather related damage, erosion, flood or contamination
during a lawfully declared state of emergency.
SEC. 5. PROHIBITED SURVEILLANCE UNDER THIS ACT
This Act prohibits any use of an unmanned aircraft for the following:
(a) USE OF FORCE - No Federal agency may authorize the domestic use, including
granting a permit for use, of an unmanned aircraft while armed with a lethal weapon or
(b) DOMESTIC USE IN PRIVATE SURVEILLANCE - No Federal agency may
authorize the domestic use, including granting a permit for use, of an unmanned aircraft
to permit any private person to conduct surveillance upon any other private person
without the express, informed consent of the private person or persons to be made subject
to surveillance, or the owner or lessee of any real property on which that other private
person is present.
(c) SURVEILLANCE OF THE EXERCISE OF 1ST AMMENDMENT RIGHTS -
No Federal agency may authorize the domestic use, including granting a permit for use,
of an unmanned aircraft for the purpose of the surveillance of persons engaged in the
lawful exercise of First Amendment rights and or the Right of Freedom of Assembly.
SEC. 6. REMEDIES FOR VIOLATION.
Any aggrieved party may in a civil action obtain all appropriate relief to prevent or
remedy a violation of this Act.
SEC. 7. PROHIBITIONS ON THE CONDUCT OF UNMANNED AIRCRAFT
SURVEILLANCE AND THE USE OF ACQUIRED SURVEILLANCE
This Act prohibits the following:
(a) No evidence obtained or collected in violation of this Act may be admissible as
evidence in a criminal prosecution during trial, at sentencing, before a grand jury, as
rebuttal evidence, or during administrative hearings in any court of law in the United
(b) No imaging or other forms of observational data gathered by unmanned aircraft
surveillance from or concerning the parties or places subjected to surveillance in violation
of this Act may be preserved by law enforcement or government agencies for any
purpose unless required by a Federal Court.
(c) No imaging or any other forms of data lawfully obtained under this Act for which
there is not a reasonable and articulable suspicion that such images or data contain
evidence of a crime, or are relevant to an ongoing investigation or trial, may be retained
for more than 90 days, unless such retention is attendant to general agency guidelines
regarding the retention of evidence in criminal cases. In such cases, the imaging or other
data may not be distributed to agencies, entities, or individuals where such distribution is
not necessary to meet general agency guidelines regarding the retention of evidence in
criminal cases. A court order must be obtained before imaging or other forms of data
may be retained lawfully for more than 90 days.
(d) No unmanned aircraft may conduct any type of surveillance that would violate
Federal laws regarding the interception of aural communications, electronic
communications and transmissions, personal location data, or the acquisition of video or
still images of a person or conditions existing within a home or place without first
obtaining all required warrants in compliance with the Federal or state statutes applying
to such interceptions.
SEC. 8. DOCUMENTATION OF DRONE SURVEILLANCE
(a) All use of unmanned aircraft for surveillance shall be documented by the person or
entity authorized to conduct the surveillance. All surveillance flights shall be documented
(i) duration, flight path;
(ii) mission objectives, and
(iii) the names of places or persons authorized to be subject to surveillance.
(b) This flight information noted will be certified as accurate and complete by the
supervising person authorized by a court to conduct the surveillance.
(c) This flight information must be retained for a period of five years.
(d) Persons seeking relief before a court of law or an administrative agency who have
been a target of unmanned aircraft surveillance may obtain by proper motion to the court
all information relating to them acquired in the course of such surveillance, excepting
only the operational capabilities of the unmanned aircraft, unmanned aircraft system, and
other operational information strictly related to the technical conduct and physical
security of the surveillance operation.