paul markey drone amendment

8/18/2019 Paul Markey Drone Amendment

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MDM16341 S.L.C.

AMENDMENT NO. llll Calendar No. lll

Purpose: To protect individual privacy against unwarrantedgovernmental intrusion through the use of the unmannedaircraft systems, and for other purposes.

IN THE SENATE OF THE UNITED STATES—114th Cong., 2d Sess.

H. R. 636

To amend the Internal Revenue Code of 1986 to permanently

extend increased expensing limitations, and for otherpurposes.

Referred to the Committee on llllllllll andordered to be printed

Ordered to lie on the table and to be printed

A MENDMENT intended to be proposed by Mr. P AUL (forhimself and Mr. M ARKEY ) to the amendment (No. 3464)proposed by Mr. T HUNE (for himself and Mr. N ELSON )

Viz:

At the appropriate place, insert the following:1

SEC. ll . UNWARRANTED SURVEILLANCE.2

(a) D EFINITIONS .—In this section—3

(1) the term ‘‘law enforcement party’’ means a4

person or entity authorized by law, or funded by the5

Government of the United States or by a political6

subdivision of a State, to investigate or prosecute of-7

fenses against the United States or to make arrests;8

and9


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MDM16341 S.L.C.

(2) the term ‘‘unmanned aircraft system’’ has1

the meaning given the term in section 44801 of title2

49, United States Code, as added by section 2121(a)3

of this Act.4

(b) P ROHIBITED USE OF U NMANNED A IRCRAFT S YS -5

TEMS .—Except as provided in subsection (c), a person or6

entity acting under the authority, or funded in whole or7

in part by, the Government of the United States or by8

a political subdivision of a State shall not use an un-9

manned aircraft system to gather evidence or other infor-10

mation pertaining to criminal conduct or conduct in viola-11

tion of a statute or regulation or for intelligence purposes12

except to the extent authorized in a warrant that satisfies13

the requirements of the Federal Rules of Procedure and14

the Constitution of the United States.15

(c) E XCEPTIONS .—This section does not prohibit any16

of the following:17

(1) P ATROL OF BORDERS .—The use of an un-18

manned aircraft system to patrol national borders to19

prevent or deter illegal entry of any persons or ille-20

gal substances within 3 miles of the physical border.21

(2) E XIGENT CIRCUMSTANCES .—The use of an22

unmanned aircraft system by a law enforcement23

party when exigent circumstances exist. For the pur-24

poses of this paragraph, exigent circumstances exist25


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MDM16341 S.L.C.

when the law enforcement party possesses reason-1

able suspicion that under particular circumstances,2

swift action to prevent imminent danger to life is3

necessary.4

(3) H IGH RISK .—The use of an unmanned air-5

craft system to counter a high risk of an imminent6

terrorist attack by a specific individual or organiza-7

tion, when the Secretary of Homeland Security de-8

termines credible intelligence indicates there is such9

a risk.10

(4) I NFORMATION OR DATA UNRELATED TO EX -11

IGENT CIRCUMSTANCES .—A person operating an un-12

manned aircraft system under the exception set13

forth in paragraph (2) shall minimize the collection14

by the unmanned aircraft system of information and15

data that is unrelated to the exigent circumstances.16

If the unmanned aircraft system incidentally collects17

any such unrelated information or data while being18

operated under such exception, the person operating19

the unmanned aircraft system shall destroy such un-20

related information and data.21

(5) P ROHIBITION ON INFORMATION SHARING .—22

A person may not intentionally divulge information23

collected in accordance with this section with any24

other person, except as authorized by law.25


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MDM16341 S.L.C.

(d) R EMEDIES FOR V IOLATION .—Any aggrieved1

party may in a civil action obtain all appropriate relief2

to prevent or remedy a violation of this section.3

(e) P ROHIBITION ON U SE OF E VIDENCE .—No evi-4

dence obtained or collected in violation of this section may5

be admissible as evidence in a criminal prosecution in any6

court of law in the United States.7

paul markey drone amendment

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