Preserving American Privacy Act of 2012

Preserving American Privacy Act of 2012 - Prohibits a federal agency from authorizing the domestic use of an unmanned aircraft for law enforcement purposes or for surveillance of a U.S. national or real property owned by that national, including by any state or local government, except pursuant to warrant and in the investigation of a felony.

Amends the federal criminal code to prohibit a federal agency other than a federal law enforcement agency from using in the United States, or authorizing any federal officer or employee to use in the United States, an unmanned aircraft for such purposes, with the same exceptions. Prohibits the use of any information obtained in violation of such prohibition in a criminal proceeding before a federal court.

Subjects the domestic use of an unmanned aircraft to the same limitations and exceptions as apply in the case of any other search. Prohibits evidence obtained by an agency using an unmanned aircraft from being introduced in an administrative hearing.

Prohibits a federal agency from authorizing the domestic use of an unmanned aircraft to permit any private person to conduct surveillance on any other private person without the consent of that other person or the owner of any real property on which that other person is present.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6199 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6199

      To provide for limitations on the domestic use of drones in 
investigating regulatory and criminal offenses, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2012

 Mr. Poe of Texas (for himself, Mr. Garrett, Mr. Huizenga of Michigan, 
 Mr. Pitts, Mr. Gohmert, Mr. Wilson of South Carolina, Mr. Ribble, Mr. 
     Rigell, Mrs. Lummis, Mr. Roe of Tennessee, Mr. Culberson, Mr. 
   DesJarlais, Mr. Walberg, Mr. Stutzman, Mr. Graves of Georgia, Mr. 
  Mulvaney, Mr. Duncan of South Carolina, Mr. Gowdy, Mr. Jordan, Mr. 
 Burton of Indiana, Mr. Ross of Florida, Mr. Burgess, Mr. Southerland, 
and Mr. Campbell) introduced the following bill; which was referred to 
  the Committee on the Judiciary, and in addition to the Committee on 
  Transportation and Infrastructure, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
      To provide for limitations on the domestic use of drones in 
investigating regulatory and criminal offenses, 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 ``Preserving American Privacy Act of 
2012''.

SEC. 2. PROHIBITION ON AUTHORIZATION OF DOMESTIC USE OF DRONES EXCEPT 
              FOR CERTAIN LAW ENFORCEMENT PURPOSES.

    No Federal agency may authorize the domestic use of an unmanned 
aircraft (as defined in section 331 of the FAA Modernization and Reform 
Act of 2012 (49 U.S.C. 40101 note)) for law enforcement purposes or for 
surveillance of a United States national or real property owned by that 
national, including by any State or local government, except pursuant 
to warrant and in the investigation of a felony. The domestic use of 
such an unmanned aircraft shall be subject to the same limitations and 
exceptions as apply in the case of any other search in the relevant 
jurisdiction.

SEC. 3. LIMITATION ON DOMESTIC USE OF DRONES IN FEDERAL CRIMINAL 
              INVESTIGATIONS.

    Chapter 205 of title 18, United States Code, is amended by adding 
at the end the following:
``Sec. 3119. Limitation on domestic use of drones
    ``No Federal agency other than a Federal law enforcement agency may 
use in the United States or authorize any Federal officer or employee 
to use in the United States (including by granting a permit to use) an 
unmanned aircraft (as defined in section 331 of the FAA Modernization 
and Reform Act of 2012 (49 U.S.C. 40101 note)) for law enforcement 
purposes or for surveillance of a United States national or real 
property owned by that national except pursuant to warrant and in the 
investigation of a felony. The domestic use of such an unmanned 
aircraft shall be subject to the same limitations and exceptions as 
apply in the case of any other search. No information obtained in 
violation of this section using such an unmanned aircraft may be used 
in a criminal proceeding before a Federal court.''.

SEC. 4. NO USE OF DRONE EVIDENCE IN ADMINISTRATIVE HEARINGS.

    Section 556 of title 5, United States Code, is amended by adding at 
the end the following:
    ``(f) No evidence obtained by an agency using an unmanned aircraft 
(as defined in section 331 of the FAA Modernization and Reform Act of 
2012 (49 U.S.C. 40101 note)) may be introduced in a hearing under this 
section.''.

SEC. 5. NO AUTHORIZATION FOR DOMESTIC USE IN PRIVATE SURVEILLANCE.

    No Federal agency may authorize the domestic use, including 
granting a permit to use, of an unmanned aircraft (as defined in 
section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 
40101 note)), to permit any private person to conduct surveillance on 
any other private person without the consent of that other private 
person or the owner of any real property on which that other private 
person is present.

SEC. 6. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to change the laws regarding 
the permissible uses of drones for border security applications within 
25 miles of the United States border.
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