Ban Military Drones Spying on Civilians Act

#4759 | HR Congress #119

Subjects:

Last Action: Referred to the Committee on the Judiciary, and in addition to the Committee on Armed Services, 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. (7/25/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "Ban Military Drones Spying on Civilians Act" is legislation aimed at prohibiting the use of certain unmanned aircraft vehicles (UAVs), particularly military drones, for surveillance of U.S. citizens participating in protests or civil disobedience. The bill specifies that no funds from the Department of Homeland Security, Department of Defense, or any other executive agency can be allocated for operating these UAVs for such purposes starting in fiscal year 2026.

Key provisions of the bill include:

1. **Prohibition on Funding**: It restricts the use of federal funds for the operation of covered unmanned aircraft in the U.S. for monitoring citizens engaged in protests or civil disobedience.

2. **Mandatory Reporting**: The President is required to submit annual reports to Congress detailing any instances of UAV usage for unauthorized purposes, including the justification for their use, the specifics of each operation, and whether U.S. persons were surveilled.

3. **Definitions and Scope**: The bill defines "covered unmanned aircraft vehicles" to include specific military drones like the MQ-9 Reaper and other military-derived UAVs capable of high-altitude flight. It also outlines what constitutes an "executive agency" and clarifies who is considered a "United States person."

Overall, the legislation seeks to enhance the privacy rights of individuals during public demonstrations and to provide oversight on the use of military drones in domestic contexts.

Possible Impacts

The "Ban Military Drones Spying on Civilians Act" could affect people in several ways:

1. **Increased Privacy Protections for Protesters**: The prohibition on using unmanned aircraft vehicles (UAVs) for surveillance on individuals engaged in protests or civil disobedience would enhance the privacy rights of citizens participating in these activities. This could encourage more individuals to exercise their right to protest without fear of being monitored or targeted through aerial surveillance, fostering a more open environment for free expression.

2. **Impact on Law Enforcement and Security Operations**: Law enforcement and security agencies may need to adjust their approaches to monitoring protests and civil unrest. Without the option to use military-grade UAVs, these agencies might have to rely on traditional methods of observation, such as officers on the ground or non-military drones, which could limit their operational capabilities and potentially affect their effectiveness in managing large crowds or events.

3. **Accountability and Transparency in Surveillance Practices**: The requirement for annual reports to Congress on the use of covered UAVs would promote greater accountability and transparency regarding surveillance practices by government agencies. Citizens would have access to information about the instances where such UAVs were used, including the justification for their use, which could lead to public scrutiny and discussions about the appropriateness of surveillance methods and their implications for civil liberties.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4759 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                H. R. 4759

To prohibit the use of certain unmanned aircraft vehicles in the United 
  States to conduct surveillance of United States persons engaged in 
                    protests or civil disobedience.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2025

  Mr. Gomez introduced the following bill; which was referred to the 
 Committee on the Judiciary, and in addition to the Committee on Armed 
Services, 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 prohibit the use of certain unmanned aircraft vehicles in the United 
  States to conduct surveillance of United States persons engaged in 
                    protests or civil disobedience.

    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 ``Ban Military Drones Spying on 
Civilians Act''.

SEC. 2. PROHIBITION ON AVAILABILITY OF FUNDS TO USE CERTAIN UNMANNED 
              AIRCRAFT VEHICLES IN THE UNITED STATES TO CONDUCT 
              SURVEILLANCE OF UNITED STATES PERSONS ENGAGED IN PROTESTS 
              OR CIVIL DISOBEDIENCE.

    (a) Prohibition.--None of the funds authorized to be appropriated 
for fiscal year 2026 or any fiscal year thereafter for the Department 
of Homeland Security, the Department of Defense, or any other executive 
agency may be used to operate a covered unmanned aircraft vehicle in 
the United States to conduct surveillance of United States persons 
engaged in protests or civil disobedience.
    (b) Reports.--
            (1) Requirement.--On an annual basis, the President shall 
        transmit to the appropriate congressional committees a report 
        on the use of covered unmanned aircraft vehicles in the United 
        States during the period covered by the report.
            (2) Elements.--Each report under paragraph (1) shall 
        include, with respect to the period covered by the report, the 
        following:
                    (A) A list of each individual instance in which a 
                covered unmanned aircraft vehicle was used--
                            (i) for a novel purpose; or
                            (ii) for a purpose not authorized by 
                        Congress, including with respect to a use by 
                        one executive agency for an authorized purpose 
                        to assist another executive agency that is not 
                        authorized to carry out such purpose.
                    (B) With respect to each instance of a use of a 
                covered unmanned aircraft vehicle listed under 
                subparagraph (A)--
                            (i) the purpose of such use;
                            (ii) a justification for using a covered 
                        unmanned aircraft vehicle, including an 
                        analysis of why such use was required rather 
                        than using alternative means more traditionally 
                        used in a civilian context, including 
                        helicopters or smaller, lower-altitude civilian 
                        unmanned aerial vehicles;
                            (iii) the dates and time of such use;
                            (iv) the duration of such use;
                            (v) the location of such use;
                            (vi) the model of covered unmanned aircraft 
                        vehicle used;
                            (vii) identification of--
                                    (I) any sensors, cameras, and other 
                                monitoring equipment equipped on the 
                                covered unmanned aircraft vehicle; and
                                    (II) any weapons equipped on the 
                                covered unmanned aircraft vehicle;
                            (viii) a description of the process for 
                        approving such use, including both the process 
                        of the executive agency and any interagency 
                        process; and
                            (ix) whether any United States persons were 
                        surveilled for any reason, and if so--
                                    (I) whether the executive agency 
                                identified any United States person;
                                    (II) the number of such United 
                                States persons identified;
                                    (III) the purpose for identifying 
                                such United States persons;
                                    (IV) whether the executive agency 
                                disseminated such United States person 
                                information to any other executive 
                                agency or a non-Federal Government 
                                entity; and
                                    (V) the period that the executive 
                                agency will retain such United States 
                                person information.
            (3) Form.--The reports under paragraph (1) may be submitted 
        in classified form or include a classified annex.
    (c) Definitions.--In this section:
            (1) The term ``appropriate congressional committees'' means 
        the following:
                    (A) The Committees on Armed Services and Homeland 
                Security of the House of Representatives.
                    (B) The Committees on Armed Services and Homeland 
                Security and Governmental Affairs of the Senate.
                    (C) The Permanent Select Committee on Intelligence 
                of the House of Representatives and the Select 
                Committee on Intelligence of the Senate.
            (2) The term ``covered unmanned aircraft vehicle'' means 
        any of the following:
                    (A) The MQ-9 Reaper, or variants thereof.
                    (B) Any unmanned aircraft that--
                            (i) uses an airframe initially developed 
                        for use by the Armed Forces;
                            (ii) is a medium-altitude, long-endurance 
                        aircraft or a high-altitude, long-endurance 
                        aircraft; or
                            (iii) is capable of flying at an altitude 
                        of 10,000 feet or higher.
            (3) The term ``executive agency'' has the meaning given 
        that term in section 105 of title 5, United States Code.
            (4) The term ``United States person'' has the meaning given 
        that term in section 1637 of the Carl Levin and Howard P. 
        ``Buck'' McKeon National Defense Authorization Act for Fiscal 
        Year 2015 (50 U.S.C. 1708).
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