I 

113TH CONGRESS 

1ST SESSION H. R. 2868 

To amend the FAA Modernization and Reform Act of 2012 to provide 

guidance and limitations regarding the integration of unmanned aircraft 

systems into United States airspace, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2013 

Mr. WELCH introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure, and in addition to the Committee 

on Energy and Commerce, 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 amend the FAA Modernization and Reform Act of 2012 

to provide guidance and limitations regarding the integration of unmanned aircraft systems into United States 

airspace, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Drone Aircraft Privacy 

5 and Transparency Act of 2013’’. 


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1 SEC. 2. GUIDANCE AND LIMITATIONS REGARDING UN2 MANNED AIRCRAFT SYSTEMS. 

3 Subtitle B of title III of the FAA Modernization and 

4 Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 

5 40101 note) is amended by adding at the end the following 

6 new sections: 

7 ‘‘SEC. 337. PRIVACY STUDY AND REPORT. 

8 ‘‘(a) STUDY.—The Secretary of Transportation, in 

9 consultation with the Secretary of Commerce, the Chair10 man of the Federal Trade Commission, and the Chief Pri11 vacy Officer of the Department of Homeland Security, 

12 shall carry out a study that identifies any potential threats 

13 to privacy protections posed by the integration of un14 manned aircraft systems into the national airspace sys15 tem, including any potential violations of the privacy prin16 ciples. 

17 ‘‘(b) REPORT.—Not later than 180 days after the 

18 date of enactment of this section, the Secretary of Trans19 portation shall submit a report on the study conducted 

20 under subsection (a) to— 

21 ‘‘(1) the Committee on Transportation and In22 frastructure of the House of Representatives; 

23 ‘‘(2) the Committee on Energy and Commerce 

24 of the House of Representatives; 

25 ‘‘(3) the Committee on Homeland Security of 

26 the House of Representatives; 


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1 ‘‘(4) the Committee on Environment and Public 

2 Works of the Senate; 

3 ‘‘(5) the Committee on Commerce, Science, and 

4 Transportation of the Senate; and 

5 ‘‘(6) the Committee on Homeland Security and 

6 Governmental Affairs of the Senate. 

7 ‘‘(c) DEFINITIONS.—For purposes of this section and 

8 the succeeding sections of this subtitle— 

9 ‘‘(1) the term ‘privacy protections’ means pro10 tections that relate to the use, collection, and disclo11 sure of information and data about individuals and 

12 groups of individuals; 

13 ‘‘(2) the term ‘privacy principles’ means the 

14 principles described in Part Two of the Organization 

15 for Economic Co-operation and Development guide16 lines titled ‘Annex to the Recommendation of the 

17 Council of 23rd September 1980: Guidelines Gov18 erning The Protection Of Privacy And Transborder 

19 Flows Of Personal Data’, adopted by the Organiza20 tion for Economic Co-operation and Development on 

21 September 23, 1980; and 

22 ‘‘(3) the term ‘law enforcement’ means— 

23 ‘‘(A) any entity of the United States or of 

24 a State or political subdivision thereof, that is 


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1 empowered by law to conduct investigations of 

2 or to make arrests for offenses; and 

3 ‘‘(B) any entity or individual authorized by 

4 law to prosecute or participate in the prosecu5 tion of such offenses. 

6 ‘‘SEC. 338. RULEMAKING. 

7 ‘‘As part of the rulemaking process required under 

8 section 332(b)(1) and the final rule adopted under such 

9 section, the Secretary of Transportation shall establish 

10 procedures to ensure that the integration of unmanned 

11 aircraft systems into the national airspace system is done 

12 in compliance with the privacy principles. 

13 ‘‘SEC. 339. DATA COLLECTION STATEMENTS AND DATA 

14 MINIMIZATION STATEMENTS. 

15 ‘‘(a) IN GENERAL.—Beginning on the date of enact16 ment of this section, the Secretary of Transportation may 

17 not approve, issue, or award any certificate, license, or 

18 other grant of authority to operate an unmanned aircraft 

19 system in the national airspace system unless the applica20 tion for such certificate, license, or other grant of author21 ity includes— 

22 ‘‘(1) a data collection statement in accordance 

23 with the requirements of subsection (b) that provides 

24 reasonable assurance that the applicant will operate 


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1 the unmanned aircraft system in accordance with 

2 the privacy principles; and 

3 ‘‘(2) in the case of such an unmanned aircraft 

4 system that is to be operated by a law enforcement 

5 agency or a law enforcement agency contractor or 

6 subcontractor, a data minimization statement in ac7 cordance with the requirements of subsection (c) 

8 that provides reasonable assurance that the appli9 cant will operate the unmanned aircraft system in 

10 accordance with the privacy principles. 

11 ‘‘(b) DATA COLLECTION STATEMENT.—A data col12 lection statement under subsection (a), with respect to an 

13 unmanned aircraft system, shall include information iden14 tifying— 

15 ‘‘(1) the individuals or entities that will have 

16 the power to use the unmanned aircraft system; 

17 ‘‘(2) the specific locations in which the un18 manned aircraft system will operate; 

19 ‘‘(3) the maximum period for which the un20 manned aircraft system will operate in each flight; 

21 ‘‘(4) whether the unmanned aircraft system will 

22 collect information or data about individuals or 

23 groups of individuals, and if so— 

24 ‘‘(A) the circumstances under which such 

25 system will be used; and 


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1 ‘‘(B) the specific kinds of information or 

2 data such system will collect about individuals 

3 or groups of individuals and how such informa4 tion or data, as well as conclusions drawn from 

5 such information or data, will be used, dis6 closed, and otherwise handled, including— 

7 ‘‘(i) how the collection or retention of 

8 such information or data that is unrelated 

9 to the specified use will be minimized; 

10 ‘‘(ii) whether such information or data 

11 might be sold, leased, or otherwise pro12 vided to third parties, and if so, under 

13 what circumstances it might be so sold or 

14 leased; 

15 ‘‘(iii) the period for which such infor16 mation or data will be retained; and 

17 ‘‘(iv) when and how such information 

18 or data, including information or data no 

19 longer relevant to the specified use, will be 

20 destroyed; 

21 ‘‘(5) the possible impact the operation of the 

22 unmanned aircraft system may have upon the pri23 vacy of individuals; 

24 ‘‘(6) the specific steps that will be taken to 

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1 graph (5), including steps to protect against unau2 thorized disclosure of any information or data de3 scribed in paragraph (4), such as the use of 

4 encryption methods and other security features that 

5 will be used; 

6 ‘‘(7) a telephone number or electronic mail ad7 dress that an individual with complaints about the 

8 operation of the unmanned aircraft system may use 

9 to report such complaints and to request confirma10 tion that personally identifiable data relating to such 

11 individual has been collected; 

12 ‘‘(8) in the case that personally identifiable 

13 data relating to such individual has been collected, 

14 a reasonable process for such individual to request 

15 to obtain such data in a timely and an intelligible 

16 manner; 

17 ‘‘(9) in the case that a request described in 

18 paragraph (8) is denied, a process by which such in19 dividual may obtain the reasons for the denial and 

20 challenge the denial; and 

21 ‘‘(10) in the case that personally identifiable 

22 data relating to such individual has been collected, 

23 a process by which such individual may challenge the 

24 accuracy of such data and, if the challenge is suc25 cessful, have such data erased or amended. 


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1 ‘‘(c) DATA MINIMIZATION STATEMENT.—A data 

2 minimization statement described in this subsection, with 

3 respect to an unmanned aircraft system operated by a law 

4 enforcement agency, contractor, or subcontractor de5 scribed in subsection (a)(2), shall detail the applicable— 

6 ‘‘(1) policies adopted by the agency, contractor, 

7 or subcontractor, respectively, that— 

8 ‘‘(A) minimize the collection by the un9 manned aircraft system of information and data 

10 unrelated to the investigation of a crime under 

11 a warrant; 

12 ‘‘(B) require the destruction of such infor13 mation and data, as well as of information and 

14 data collected by the unmanned aircraft system 

15 that is no longer relevant to the investigation of 

16 a crime under a warrant or to an ongoing 

17 criminal proceeding; and 

18 ‘‘(C) establish procedures for the method 

19 of such destruction; and 

20 ‘‘(2) audit and oversight procedures adopted by 

21 the agency, contractor, or subcontractor, respec22 tively, that will ensure that such agency, contractor, 

23 or subcontractor, respectively, uses the unmanned 

24 aircraft system in accordance with the parameters 


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1 outlined in the data collection statement and the 

2 statement required by this subsection. 

3 ‘‘SEC. 340. DISCLOSURE OF APPROVED CERTIFICATES, LI4 CENSES, AND OTHER GRANTS OF AUTHORITY. 

5 ‘‘(a) IN GENERAL.—The Administrator of the Fed6 eral Aviation Administration shall make available on the 

7 public Internet Web site of the Federal Aviation Adminis8 tration in a searchable format— 

9 ‘‘(1) the approved certificate, license, or other 

10 grant of authority for each unmanned aircraft sys11 tem awarded a certificate, license, or other grant of 

12 authority to operate in the national airspace system, 

13 including any such certificate, license, or other grant 

14 of authority awarded prior to the date of enactment 

15 of this section; 

16 ‘‘(2) information detailing where, when, and for 

17 what period each unmanned aircraft system will be 

18 operated; 

19 ‘‘(3) information detailing any data security 

20 breach that occurs with regard to information col21 lected by an unmanned aircraft system; and 

22 ‘‘(4) in the case of a certificate, license, or 

23 other grant of authority awarded on or after the 

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1 tem, the data collection statement described in sec2 tion 339(b) and, if applicable, the data minimization 

3 statement described in section 339(c) required with 

4 respect to such unmanned aircraft system. 

5 ‘‘(b) DEADLINE.—The Administrator shall complete 

6 the requirements under subsection (a) with regard to each 

7 unmanned aircraft system— 

8 ‘‘(1) in the case of a certificate, license, or 

9 other grant of authority awarded before the date of 

10 enactment of this section, not later than 90 days 

11 after such date of enactment; and 

12 ‘‘(2) in the case of a certificate, license, or 

13 other grant of authority awarded on or after the 

14 date of enactment of this section, as soon as is prac15 ticable after the date of approval of such certificate, 

16 license, or other grant of authority. 

17 ‘‘SEC. 341. WARRANTS REQUIRED FOR GENERALIZED SUR18 VEILLANCE. 

19 ‘‘(a) IN GENERAL.—A public agency, entity, or indi20 vidual officially representing a public agency or entity may 

21 not use an unmanned aircraft system or request informa22 tion or data collected by another entity using an un23 manned aircraft system for protective activities, or for law 

24 enforcement or intelligence purposes, except pursuant to 

25 a warrant issued using the procedures described in the 


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1 Federal Rules of Criminal Procedure (or, in the case of 

2 a State court, issued using State warrant procedures) by 

3 a court of competent jurisdiction, or as otherwise provided 

4 in the Foreign Intelligence Surveillance Act of 1978 (50 

5 U.S.C. 1801 et seq.). 

6 ‘‘(b) EXCEPTION.— 

7 ‘‘(1) IN GENERAL.—Subsection (a) shall not 

8 apply in exigent circumstances (as defined in para9 graph 2). 

10 ‘‘(2) EXIGENT CIRCUMSTANCES DEFINED.—Ex11 igent circumstances exist when a public agency, enti12 ty, or individual officially representing such public 

13 agency or entity reasonably believes— 

14 ‘‘(A) there is imminent danger of death or 

15 serious physical injury; 

16 ‘‘(B) there is a high risk of a terrorist at17 tack by a specific individual or organization, 

18 when the Secretary of Homeland Security has 

19 determined that credible intelligence indicates 

20 there is such a risk; or 

21 ‘‘(C) a search and rescue mission is appro22 priate. 

23 ‘‘(3) REQUIRED DOCUMENTATION.—In the case 

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1 manned aircraft system under the exception for exi2 gent circumstances created by paragraph (1), docu3 mentation justifying the exception shall be submitted 

4 to the Secretary of Transportation not later than 7 

5 days after the date of the relevant unmanned air6 craft system flight. 

7 ‘‘(4) INFORMATION OR DATA UNRELATED TO

8 EXIGENT CIRCUMSTANCES.—A public agency, entity, 

9 or individual officially representing such agency or 

10 entity operating an unmanned aircraft system under 

11 the exception for exigent circumstances created by 

12 paragraph (1) shall minimize the collection by the 

13 unmanned aircraft system of information and data 

14 unrelated to the exigent circumstances, and if such 

15 unmanned aircraft system incidentally collects any 

16 such information or data while being operated under 

17 such exception, the person or entity operating the 

18 unmanned aircraft system shall destroy such infor19 mation and data. 

20 ‘‘(5) PROHIBITION ON INFORMATION SHAR21 ING.—A public agency, entity, or individual officially 

22 representing such public agency or entity shall not 

23 intentionally divulge information collected in accord24 ance with this section with any other person or enti25 ty, except as authorized by law. 


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1 ‘‘(6) PROHIBITION ON USE AS EVIDENCE.— 

2 Whenever information has been collected by means 

3 of use of an unmanned aircraft system, no part of 

4 the contents of such information and no evidence de5 rived therefrom may be received in evidence in any 

6 trial, hearing, or other proceeding in or before any 

7 court, grand jury, department, officer, agency, regu8 latory body, legislative committee, or other authority 

9 of the United States, a State, or a political subdivi10 sion thereof unless that information is collected in 

11 accordance with this section.’’. 

12 SEC. 3. ENFORCEMENT. 

13 (a) PROHIBITED CONDUCT.— 

14 (1) IN GENERAL.—It shall be unlawful for a 

15 person or entity to operate an unmanned aircraft 

16 system in a manner that is not in accordance with 

17 the terms of a data collection statement submitted 

18 under section 339(a)(1) of the FAA Modernization 

19 and Reform Act of 2012, as added by section 3 of 

20 this Act, or in a manner that violates any portion of 

21 the final rule required under section 332(b)(1) of 

22 such Act insofar as such portion relates to the pro23 cedures described in section 338 of such Act. 

24 (2) REGULATIONS.—The Commission may pro25 mulgate regulations in accordance with section 553 


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1 of title 5, United States Code, to carry out para2 graph (1) with respect to persons and entities de3 scribed in subsection (b)(3). 

4 (b) ENFORCEMENT BY FEDERAL TRADE COMMIS5 SION.— 

6 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC7 TICES.—A violation of subsection (a) or the regula8 tions promulgated under such subsection shall be 

9 treated as a violation of a regulation under section 

10 18(a)(1)(B) of the Federal Trade Commission Act 

11 (15 U.S.C. 57a(a)(1)(B)) regarding unfair or decep12 tive acts or practices. 

13 (2) POWERS OF COMMISSION.—The Commis14 sion shall enforce subsection (a) and the regulations 

15 promulgated under such subsection in the same 

16 manner, by the same means, and with the same 

17 powers and duties as though all applicable terms 

18 and provisions of the Federal Trade Commission Act 

19 (15 U.S.C. 41 et seq.) were incorporated into and 

20 made a part of this Act, and any violator shall be 

21 subject to the penalties and entitled to the privileges 

22 and immunities provided in the Federal Trade Com23 mission Act. 

24 (3) APPLICABILITY.—Paragraphs (1) and (2) 

25 shall apply— 


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1 (A) with respect to persons, partnerships, 

2 and corporations over which the Commission 

3 has jurisdiction under section 5(a)(2) of the 

4 Federal Trade Commission Act (15 U.S.C. 

5 45(a)(2)) (except to the extent such person, 

6 partnership, or corporation is a law enforce7 ment contractor or subcontractor); and 

8 (B) notwithstanding such section, with re9 spect to air carriers and foreign air carriers. 

10 (c) ACTIONS BY STATES.— 

11 (1) CIVIL ACTIONS.—In any case in which the 

12 attorney general of a State, or an official or agency 

13 of a State, has reason to believe that an interest of 

14 the residents of that State has been or is threatened 

15 or adversely affected by an act or practice in viola16 tion of subsection (a) or a regulation promulgated 

17 under such subsection, or by the operation of an un18 manned aircraft system in violation of the terms of 

19 a data minimization statement submitted under sec20 tion 339(a)(2) of the FAA Modernization and Re21 form Act of 2012 (49 U.S.C. 40101 note), the State 

22 may bring a civil action on behalf of the residents 

23 of the State in an appropriate State court or an ap24 propriate district court of the United States to— 

25 (A) enjoin the violation; 


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1 (B) enforce compliance with such sub2 section, regulation, or statement; 

3 (C) obtain damages, restitution, or other 

4 compensation on behalf of residents of the 

5 State; or 

6 (D) obtain such other legal and equitable 

7 relief as the court may consider to be appro8 priate. 

9 (2) NOTICE.—Before filing an action under this 

10 subsection against a person, partnership, or corpora11 tion over which the Commission has jurisdiction 

12 under section 5(a)(2) of the Federal Trade Commis13 sion Act (15 U.S.C. 45(a)(2)) (except to the extent 

14 such person, partnership, or corporation is a law en15 forcement contractor or subcontractor) or an air car16 rier or foreign air carrier, the attorney general, offi17 cial, or agency of the State involved shall provide to 

18 the Commission a written notice of that action and 

19 a copy of the complaint for that action. If the attor20 ney general, official, or agency determines that it is 

21 not feasible to provide the notice described in this 

22 paragraph before the filing of the action, the attor23 ney general, official, or agency shall provide written 

24 notice of the action and a copy of the complaint to 


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1 the Commission immediately upon the filing of the 

2 action. 

3 (3) AUTHORITY OF THE COMMISSION.— 

4 (A) IN GENERAL.—On receiving notice 

5 under paragraph (2) of an action under this 

6 subsection, the Commission shall have the 

7 right— 

8 (i) to intervene in the action; 

9 (ii) upon so intervening, to be heard 

10 on all matters arising therein; and 

11 (iii) to file petitions for appeal. 

12 (B) LIMITATION ON STATE ACTION WHILE

13 FEDERAL ACTION IS PENDING.—If the Commis14 sion or the Attorney General of the United 

15 States has instituted a civil action for violation 

16 of subsection (a) or a regulation promulgated 

17 under such subsection (referred to in this sub18 paragraph as the ‘‘Federal action’’), no State 

19 attorney general, official, or agency may bring 

20 an action under this subsection during the 

21 pendency of the Federal action against any de22 fendant named in the complaint in the Federal 

23 action for any violation as alleged in that com24 plaint. 


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1 (4) RULE OF CONSTRUCTION.—For purposes of 

2 bringing a civil action under this subsection, nothing 

3 in this Act or any amendment made by this Act 

4 shall be construed to prevent an attorney general, 

5 official, or agency of a State from exercising the 

6 powers conferred on the attorney general, official, or 

7 agency by the laws of that State to conduct inves8 tigations, administer oaths and affirmations, or com9 pel the attendance of witnesses or the production of 

10 documentary and other evidence. 

11 (d) PRIVATE RIGHT OF ACTION.— 

12 (1) IN GENERAL.—A person injured by an act 

13 in violation of subsection (a) or the regulations pro14 mulgated under such subsection, or by the operation 

15 of an unmanned aircraft system in violation of the 

16 terms of a data minimization statement submitted 

17 under section 339(a)(2) of the FAA Modernization 

18 and Reform Act of 2012 (49 U.S.C. 40101 note), 

19 may bring in an appropriate State court or an ap20 propriate district court of the United States— 

21 (A) an action to enjoin such violation; 

22 (B) an action to recover damages for ac23 tual monetary loss from such violation, or to re24 ceive up to $1,000 in damages for each such 

25 violation, whichever is greater; or 


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1 (C) both such actions. 

2 (2) INTENTIONAL VIOLATIONS.—If the defend3 ant committed a violation described in paragraph 

4 (1), and intended to do so, the court may increase 

5 the amount of the award to an amount equal to not 

6 more than 3 times the amount available under para7 graph (1)(B). 

8 (3) COSTS.—The court shall award to a pre9 vailing plaintiff in an action under this subsection 

10 the costs of such action and reasonable attorney’s 

11 fees, as determined by the court. 

12 (4) LIMITATION.—An action may be com13 menced under this subsection not later than 2 years 

14 after the date on which the person first discovered 

15 or had a reasonable opportunity to discover the vio16 lation. 

17 (5) NONEXCLUSIVE REMEDY.—The remedy pro18 vided by this subsection shall be in addition to any 

19 other remedies available to the person. 

20 (e) SUITS AGAINST GOVERNMENTAL ENTITIES.— 

21 Notwithstanding the Federal Trade Commission Act (15 

22 U.S.C. 41 et seq.), a suit under subsection (c) or sub23 section (d) may be maintained against a governmental en24 tity. 


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1 (f) LICENSE REVOCATION.—The Federal Aviation 

2 Administration shall revoke the certificate, license, or 

3 other grant of authority to operate an unmanned aircraft 

4 system if such system is operated in a manner that— 

5 (1) is not in accordance with the terms of— 

6 (A) a data collection statement submitted 

7 under section 339(a)(1) of the FAA Moderniza8 tion and Reform Act of 2012 (49 U.S.C. 40101 

9 note), as added by this Act; or 

10 (B) a data minimization statement sub11 mitted under section 339(a)(2) of such Act; or 

12 (2) violates any portion of the final rule re13 quired under section 332(b)(1) of such Act insofar 

14 as such portion relates to the procedures described 

15 in section 338 of such Act, as added by this Act. 

16 (g) VIOLATIONS.—Each day on which each un17 manned aircraft system is operated in violation of sub18 section (a), or the regulations promulgated under such 

19 subsection, or the terms of a data minimization statement 

20 submitted under section 339(a)(2) of the FAA Moderniza21 tion and Reform Act of 2012 (49 U.S.C. 40101 note), as 

22 added by section 3 of this Act, shall be treated as a sepa23 rate violation. 

24 (h) DEFINITIONS.—In this section: 


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1 (1) COMMISSION.—The term ‘‘Commission’’ 

2 means the Federal Trade Commission. 

3 (2) LAW ENFORCEMENT.—The term ‘‘law en4 forcement’’ has the meaning given such term in sec5 tion 337(c)(3) of the FAA Modernization and Re6 form Act of 2012, as added by section 3 of this Act. 

7 (3) STATE.—The term ‘‘State’’ means each of 

8 the several States, the District of Columbia, each 

9 commonwealth, territory, or possession of the United 

10 States, and each federally recognized Indian tribe. 

11 (4) UNMANNED AIRCRAFT SYSTEM.—The term 

12 ‘‘unmanned aircraft system’’ has the meaning given 

13 such term in section 331 of the FAA Modernization 

14 and Reform Act of 2012 (49 U.S.C. 40101 note). 

15 SEC. 4. MODEL AIRCRAFT PROVISION. 

16 Nothing in this Act may be construed to apply to 

17 model aircraft as defined in section 336(c) of the FAA 

18 Modernization and Reform Act of 2012. 

Æ 


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