S.Amdt. 3657

SA 3657. Mr. WYDEN 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:

TITLE __--PROTECTING INDIVIDUALS FROM MASS AERIAL SURVEILLANCE ACT OF
2016

SEC. _01. SHORT TITLE.

This title may be cited as the ``Protecting Individuals
From Mass Aerial Surveillance Act of 2016''.

SEC. _02. DEFINITIONS.

In this title:
(1) Federal entity.--The term ``Federal entity'' means any
person or entity acting under the authority of, or funded in
whole or in part by, the Government of the United States,
including a Federal law enforcement party, but excluding
State, tribal, or local government agencies or departments.
(2) Law enforcement party.--The term ``law enforcement
party'' 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.
(3) Mobile aerial-view device; mavd.--The terms ``mobile
aerial-view device'' and ``MAVD'' mean any device that
through flight or aerial lift obtains a dynamic, aerial view
of property, persons or their effects, including an unmanned
aircraft (as defined in section 331 of the FAA Modernization
and Reform Act of 2012 (49 U.S.C. 40101 note)).
(4) National borders.--The term ``national borders'' refers
to any region no more than 25 miles of an external land
boundary of the United States.
(5) Non-federal entity.--The term ``non-Federal entity''
means any person or entity that is not a Federal entity.
(6) Public lands.--The term ``public lands'' means lands
owned by the Government of the United States.
(7) Sensing device.--The term ``sensing device''--
(A) means a device capable of remotely acquiring personal
information from its surroundings using any frequency of the
electromagnetic spectrum, or a sound detecting system, or a
system that detects chemicals in the atmosphere; and
(B) does not include equipment whose sole function is to
provide information directly necessary for safe air
navigation or operation of a MAVD.
(8) Surveil.--The term ``surveil'' means to photograph,
record, or observe using a sensing device, regardless of
whether the photographs, observations, or recordings are
stored, and excludes using a sensing device for the purposes
of testing or training operations of MAVDs.

SEC. _03. PROHIBITED USE OF MAVDS.

A Federal entity shall not use a MAVD to surveil property,
persons or their effects, or gather evidence or other
information pertaining to known or suspected criminal
conduct, or conduct that is in violation of a statute or
regulation.

SEC. _04. EXCEPTIONS.

This title does not prohibit any of the following:
(1) Patrol of borders.--The use of a MAVD by a Federal
entity to surveil national borders to prevent or deter
illegal entry of any persons or illegal substances at the
borders.
(2) Exigent circumstances.--
(A) In general.--The use of a MAVD by a Federal entity when
exigent circumstances exist. For the purposes of this
paragraph, exigent circumstances exist when the Federal
entity possesses reasonable suspicion that under particular
circumstances, swift action is necessary--
(i) to prevent imminent danger of death or serious bodily
harm to a specific individual;
(ii) to counter an imminent risk of a terrorist attack by a
specific individual or organization;
(iii) to prevent imminent destruction of evidence; or
(iv) to counter an imminent or actual escape of a criminal
or terrorist suspect.
(B) Requirement for record of facts.--A Federal entity
using a MAVD pursuant to subparagraph (A)(i) must maintain a
retrievable record of the facts giving rise to the reasonable
suspicion that an exigent circumstance existed.
(3) Public safety and research.--The use of a MAVD by a
Federal entity--
(A) to discover, locate, observe, gather evidence in
connection to, or prevent forest fires;
(B) to monitor environmental, geologic, or weather-related
catastrophe or damage from such an event;
(C) to research or survey for wildlife management, habitat
preservation, or geologic, atmospheric, or environmental
damage or conditions;
(D) to survey for the assessment and evaluation of
environmental, geologic or weather-related damage, erosion,
flood, or contamination; and
(E) to survey public lands for illegal vegetation.
(4) Consent.--The use of a MAVD by a Federal entity for the
purpose of acquiring information about an individual, or
about an individual's property or effects, if such individual
has given written consent to the use of a MAVD for such
purposes.
(5) Warrant.--A law enforcement party using a MAVD,
pursuant to, and in accordance with, a Rule 41 warrant, to
surveil specific property, persons or their effects.

SEC. _05. PROHIBITION ON IDENTIFYING INDIVIDUALS.

(a) In General.--No Federal entity may make any intentional
effort to identify an individual from, or associate an
individual with, the information collected by operations
authorized by paragraphs (1) through (3) of subsection (a) of
section _04, nor shall the collected information be disclosed
to any entity except another Federal entity or State, tribal,
or local government agency or department, or political
subdivision thereof, that agrees to be bound by the
restrictions in this title.
(b) Limitation on Prohibition.--The restrictions described
in subsection (a) shall not apply if there is probable cause
that the information collected is evidence of specific
criminal activity.

SEC. _06. PROHIBITION ON USE OF EVIDENCE.

No evidence obtained or collected in violation of this
title may 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

[[Page S1928]]

other authority of the United States, a State, or a political
subdivision thereof.

SEC. _07. PROHIBITION ON SOLICITATION AND PURCHASE.

(a) Prohibition on Solicitation to Surveil.--A Federal
entity shall not solicit to or award contracts to any entity
for such entity to surveil by MAVD for the Federal entity,
unless the Federal entity has existing authority to surveil
the particular property, persons or their effects, of
interest.
(b) Prohibition on Purchase of Surveillance Information.--A
Federal entity shall not purchase any information obtained
from MAVD surveillance by a non-Federal entity if such
information contains personal information, except pursuant to
the express consent of all persons whose personal information
is to be sold.

SEC. _08. RULE OF CONSTRUCTION.

Nothing in this title shall be construed to preempt any
State law regarding the use of MAVDs exclusively within the
borders of that State.
______