S.Amdt. 3537

SA 3537. Mr. PAUL (for himself and Mr. Markey) submitted an amendment
intended to be proposed to amendment SA 3464 submitted by Mr. Thune
(for himself and Mr. Nelson) to the bill H.R. 636, to amend the
Internal Revenue Code of 1986 to permanently extend increased expensing
limitations, and for other purposes; which was ordered to lie on the
table; as follows:

At the appropriate place, insert the following:

SEC. __. UNWARRANTED SURVEILLANCE.

(a) Definitions.--In this section--
(1) the term ``law enforcement party'' means a person or
entity authorized by law,

[[Page S1824]]

or funded by the Government of the United States or by a
political subdivision of a State, to investigate or prosecute
offenses against the United States or to make arrests; and
(2) the term ``unmanned aircraft system'' has the meaning
given the term in section 44801 of title 49, United States
Code, as added by section 2121(a) of this Act.
(b) Prohibited Use of Unmanned Aircraft Systems.--Except as
provided in subsection (c), a person or entity acting under
the authority, or funded in whole or in part by, the
Government of the United States or by a political subdivision
of a State shall not use an unmanned aircraft system to
gather evidence or other information pertaining to criminal
conduct or conduct in violation of a statute or regulation or
for intelligence purposes except to the extent authorized in
a warrant that satisfies the requirements of the Federal
Rules of Procedure and the Constitution of the United States.
(c) Exceptions.--This section does not prohibit any of the
following:
(1) Patrol of borders.--The use of an unmanned aircraft
system to patrol national borders to prevent or deter illegal
entry of any persons or illegal substances within 3 miles of
the physical border.
(2) Exigent circumstances.--The use of an unmanned aircraft
system 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.
(3) High risk.--The use of an unmanned aircraft system to
counter a high risk of an imminent terrorist attack by a
specific individual or organization, when the Secretary of
Homeland Security determines credible intelligence indicates
there is such a risk.
(4) Information or data unrelated to exigent
circumstances.--A person operating an unmanned aircraft
system under the exception set forth in paragraph (2) shall
minimize the collection by the unmanned aircraft system of
information and data that is unrelated to the exigent
circumstances. If the unmanned aircraft system incidentally
collects any such unrelated information or data while being
operated under such exception, the person operating the
unmanned aircraft system shall destroy such unrelated
information and data.
(5) Prohibition on information sharing.--A person may not
intentionally divulge information collected in accordance
with this section with any other person, except as authorized
by law.
(d) Remedies for Violation.--Any aggrieved party may in a
civil action obtain all appropriate relief to prevent or
remedy a violation of this section.
(e) Prohibition on Use of Evidence.--No evidence obtained
or collected in violation of this section may be admissible
as evidence in a criminal prosecution in any court of law in
the United States.
______