S.Amdt. 2713

1. Adds TITLE __--CYBER ATTACKS INVOLVING DRONES wherever appropriate

   Adds a title

   Inserted: TITLE __--CYBER ATTACKS INVOLVING DRONES

   Inserted: SEC. _01. DEFINITIONS.

   Inserted: In this title--

   Inserted: (1) the term "drone" means any aerial vehicle that--

   Inserted: (A) does not carry a human operator;

   Inserted: (B) uses aerodynamic or aerostatic forces to provide vehicle lift;

   Inserted: (C) can fly autonomously or be piloted remotely;

   Inserted: (D) can be expendable or recoverable; and

   Inserted: (E) can carry a lethal or nonlethal payload; and

   Inserted: (2) the term "law enforcement party" means a person or entity authorized by law, or funded, in whole or in part, by the Government of the United States, to investigate or prosecute offenses against the United States.

   Inserted: SEC. _02. PROTECTION AGAINST UNAUTHORIZED USE OF DRONES.

   Inserted: (a) In General.--No drone may be deployed or otherwise used by any officer, employee, or contractor of the Federal Government or by a person or entity acting under the authority of, or funded in whole or in part by, the Government of the United States, until the National Cybersecurity Council or other person, division, or entity placed in charge of cybersecurity efforts in the United States certifies that any such drone is immune from a cyber attack or other compromise of control, navigation, or data.

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   Inserted: (b) Employment of Certified Drones.--Except as provided in section _03, no officer, employee, or contractor of the Federal Government or any person or entity acting under the authority of, or funded in whole or in part by, the Government of the United States shall use a drone 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.

   Inserted: SEC. _03. EXCEPTIONS.

   Inserted: This title does not prohibit any of the following:

   Inserted: (1) Patrol of borders.--The use of a drone certified under section _02(a) to patrol national borders to prevent or deter illegal entry of any persons or illegal substances.

   Inserted: (2) Exigent circumstances.--The use of a drone certified under section _02(a) by a law enforcement party when exigent circumstances exist. For the purposes of this paragraph, exigent circumstances exist when the law enforcement party possesses reasonable suspicion that under particular circumstances, swift action to prevent imminent danger to life is necessary.

   Inserted: (3) High risk.--The use of a drone certified under section _02(a) to counter a high risk of a terrorist attack by a specific individual or organization, when the Secretary of Homeland Security determines credible intelligence indicates there is such a risk.

   Inserted: SEC. _04. REMEDIES FOR VIOLATION.

   Inserted: Any aggrieved party may in a civil action obtain all appropriate relief to prevent or remedy a violation of this title.

   Inserted: SEC. _05. PROHIBITION ON USE OF EVIDENCE.

   Inserted: No evidence obtained or collected in violation of this title may be admissible as evidence in a criminal prosecution in any court of law in the United States.

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

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As printed