I 
113TH CONGRESS 
1ST SESSION H. R. 1262 
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 
MARCH 19, 2013 
Mr. MARKEY introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on Energy and Commerce, for a period to be subsequently deter-
mined 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 inte-
gration of unmanned aircraft systems into United States 
airspace, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Drone Aircraft Privacy 
and Transparency Act of 2013’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) On February 14, 2012, President Obama 
signed the FAA Modernization and Reform Act of 
2012 (Public Law 112–95; 49 U.S.C. 40101 note) 
into law, and sections 331 through 336 of such Act 
require the Federal Aviation Administration to fully 
integrate government, commercial, and recreational 
unmanned aircraft systems, commonly known as 
‘‘drones’’, into United States airspace by October 
2015. 
(2) Unmanned aircraft systems have tradition-
ally been used almost exclusively overseas by mili-
tary and security organizations; however, State and 
local governments, businesses, and private individ-
uals are increasingly using unmanned aircraft sys-
tems in the United States, including deployments for 
law enforcement operations. 
(3) As the technology advances and the cost de-
creases—unmanned aircraft systems are already or-
ders of magnitude less expensive to purchase and op-
erate than piloted aircraft—the market for Federal, 
State, and local government and commercial un-
manned aircraft systems is rapidly growing. 
(4) It has been estimated there could be as 
many as 30,000 unmanned aircraft systems in the 
sky in the United States by 2020. 
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(5) There will no doubt be many beneficial ap-
plications of this technology, for as Secretary of 
Transportation Ray LaHood said in a statement on 
March 7, 2012, ‘‘Unmanned aircraft can help us 
meet a number of challenges, from spotting wildfires 
to assessing natural disasters.’’. 
(6) However, there also is the potential for un-
manned aircraft system technology to enable inva-
sive and pervasive surveillance without adequate pri-
vacy protections, and currently, no explicit privacy 
protections or public transparency measures with re-
spect to such system technology are built into the 
law. 
(7) Federal standards for informing the public 
and protecting individual privacy with respect to un-
manned aircraft systems are needed. 
SEC. 3. GUIDANCE AND LIMITATIONS REGARDING UN-
MANNED AIRCRAFT SYSTEMS. 
Subtitle B of title III of the FAA Modernization and 
Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 
40101 note) is amended by adding at the end the following 
new sections: 
‘‘SEC. 337. PRIVACY STUDY AND REPORT. 
‘‘(a) STUDY.—The Secretary of Transportation, in 
consultation with the Secretary of Commerce, the Chair-
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man of the Federal Trade Commission, and the Chief Pri-
vacy Officer of the Department of Homeland Security, 
shall carry out a study that identifies any potential threats 
to privacy protections posed by the integration of un-
manned aircraft systems into the national airspace sys-
tem, including any potential violations of the privacy prin-
ciples. 
‘‘(b) REPORT.—Not later than 180 days after the 
date of enactment of this section, the Secretary of Trans-
portation shall submit a report on the study conducted 
under subsection (a) to— 
‘‘(1) the Committee on Transportation and In-
frastructure of the House of Representatives; 
‘‘(2) the Committee on Energy and Commerce 
of the House of Representatives; 
‘‘(3) the Committee on Homeland Security of 
the House of Representatives; 
‘‘(4) the Committee on Environment and Public 
Works of the Senate; 
‘‘(5) the Committee on Commerce, Science, and 
Transportation of the Senate; and 
‘‘(6) the Committee on Homeland Security and 
Governmental Affairs of the Senate. 
‘‘(c) DEFINITIONS.—For purposes of this section and 
the succeeding sections of this subtitle— 
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‘‘(1) the term ‘privacy protections’ means pro-
tections that relate to the use, collection, and disclo-
sure of information and data about individuals and 
groups of individuals; 
‘‘(2) the term ‘privacy principles’ means the 
principles described in Part Two of the Organization 
for Economic Co-operation and Development guide-
lines titled ‘Annex to the Recommendation of the 
Council of 23rd September 1980: Guidelines Gov-
erning The Protection Of Privacy And Transborder 
Flows Of Personal Data’, adopted by the Organiza-
tion for Economic Co-operation and Development on 
September 23, 1980; and 
‘‘(3) the term ‘law enforcement’ means— 
‘‘(A) any entity of the United States or of 
a State or political subdivision thereof, that is 
empowered by law to conduct investigations of 
or to make arrests for offenses; and 
‘‘(B) any entity or individual authorized by 
law to prosecute or participate in the prosecu-
tion of such offenses. 
‘‘SEC. 338. RULEMAKING. 
‘‘As part of the rulemaking process required under 
section 332(b)(1) and the final rule adopted under such 
section, the Secretary of Transportation shall establish 
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procedures to ensure that the integration of unmanned 
aircraft systems into the national airspace system is done 
in compliance with the privacy principles. 
‘‘SEC. 339. DATA COLLECTION STATEMENTS AND DATA 
MINIMIZATION STATEMENTS. 
‘‘(a) IN GENERAL.—Beginning on the date of enact-
ment of this section, the Secretary of Transportation may 
not approve, issue, or award any certificate, license, or 
other grant of authority to operate an unmanned aircraft 
system in the national airspace system unless the applica-
tion for such certificate, license, or other grant of author-
ity includes— 
‘‘(1) a data collection statement in accordance 
with the requirements of subsection (b) that provides 
reasonable assurance that the applicant will operate 
the unmanned aircraft system in accordance with 
the privacy principles; and 
‘‘(2) in the case of such an unmanned aircraft 
system that is to be operated by a law enforcement 
agency or a law enforcement agency contractor or 
subcontractor, a data minimization statement in ac-
cordance with the requirements of subsection (c) 
that provides reasonable assurance that the appli-
cant will operate the unmanned aircraft system in 
accordance with the privacy principles. 
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‘‘(b) DATA COLLECTION STATEMENT.—A data col-
lection statement under subsection (a), with respect to an 
unmanned aircraft system, shall include information iden-
tifying— 
‘‘(1) the individuals or entities that will have 
the power to use the unmanned aircraft system; 
‘‘(2) the specific locations in which the un-
manned aircraft system will operate; 
‘‘(3) the maximum period for which the un-
manned aircraft system will operate in each flight; 
‘‘(4) whether the unmanned aircraft system will 
collect information or data about individuals or 
groups of individuals, and if so— 
‘‘(A) the circumstances under which such 
system will be used; and 
‘‘(B) the specific kinds of information or 
data such system will collect about individuals 
or groups of individuals and how such informa-
tion or data, as well as conclusions drawn from 
such information or data, will be used, dis-
closed, and otherwise handled, including— 
‘‘(i) how the collection or retention of 
such information or data that is unrelated 
to the specified use will be minimized; 
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‘‘(ii) whether such information or data 
might be sold, leased, or otherwise pro-
vided to third parties, and if so, under 
what circumstances it might be so sold or 
leased; 
‘‘(iii) the period for which such infor-
mation or data will be retained; and 
‘‘(iv) when and how such information 
or data, including information or data no 
longer relevant to the specified use, will be 
destroyed; 
‘‘(5) the possible impact the operation of the 
unmanned aircraft system may have upon the pri-
vacy of individuals; 
‘‘(6) the specific steps that will be taken to 
mitigate any possible impact identified under para-
graph (5), including steps to protect against unau-
thorized disclosure of any information or data de-
scribed in paragraph (4), such as the use of 
encryption methods and other security features that 
will be used; 
‘‘(7) a telephone number or electronic mail ad-
dress that an individual with complaints about the 
operation of the unmanned aircraft system may use 
to report such complaints and to request confirma-
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tion that personally identifiable data relating to such 
individual has been collected; 
‘‘(8) in the case that personally identifiable 
data relating to such individual has been collected, 
a reasonable process for such individual to request 
to obtain such data in a timely and an intelligible 
manner; 
‘‘(9) in the case that a request described in 
paragraph (8) is denied, a process by which such in-
dividual may obtain the reasons for the denial and 
challenge the denial; and 
‘‘(10) in the case that personally identifiable 
data relating to such individual has been collected, 
a process by which such individual may challenge the 
accuracy of such data and, if the challenge is suc-
cessful, have such data erased or amended. 
‘‘(c) DATA
MINIMIZATION
STATEMENT.—A data 
minimization statement described in this subsection, with 
respect to an unmanned aircraft system operated by a law 
enforcement agency, contractor, or subcontractor de-
scribed in subsection (a)(2), shall detail the applicable— 
‘‘(1) policies adopted by the agency, contractor, 
or subcontractor, respectively, that— 
‘‘(A) minimize the collection by the un-
manned aircraft system of information and data 
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unrelated to the investigation of a crime under 
a warrant; 
‘‘(B) require the destruction of such infor-
mation and data, as well as of information and 
data collected by the unmanned aircraft system 
that is no longer relevant to the investigation of 
a crime under a warrant or to an ongoing 
criminal proceeding; and 
‘‘(C) establish procedures for the method 
of such destruction; and 
‘‘(2) audit and oversight procedures adopted by 
the agency, contractor, or subcontractor, respec-
tively, that will ensure that such agency, contractor, 
or subcontractor, respectively, uses the unmanned 
aircraft system in accordance with the parameters 
outlined in the data collection statement and the 
statement required by this subsection. 
‘‘SEC. 340. DISCLOSURE OF APPROVED CERTIFICATES, LI-
CENSES, AND OTHER GRANTS OF AUTHORITY. 
‘‘(a) IN GENERAL.—The Administrator of the Fed-
eral Aviation Administration shall make available on the 
public Internet Web site of the Federal Aviation Adminis-
tration in a searchable format— 
‘‘(1) the approved certificate, license, or other 
grant of authority for each unmanned aircraft sys-
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enactment of this section, not later than 90 days 
after such date of enactment; and 
‘‘(2) in the case of a certificate, license, or 
other grant of authority awarded on or after the 
date of enactment of this section, as soon as is prac-
ticable after the date of approval of such certificate, 
license, or other grant of authority. 
‘‘SEC. 341. WARRANTS REQUIRED FOR GENERALIZED SUR-
VEILLANCE. 
‘‘(a) IN GENERAL.—A person or entity may not use 
an unmanned aircraft system or request information or 
data collected by another entity using an unmanned air-
craft system for protective activities, or for law enforce-
ment or intelligence purposes, except pursuant to a war-
rant issued using the procedures described in the Federal 
Rules of Criminal Procedure (or, in the case of a State 
court, issued using State warrant procedures) by a court 
of competent jurisdiction, or as otherwise provided in the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.). 
‘‘(b) EXCEPTION.— 
‘‘(1) IN
GENERAL.—Subsection (a) shall not 
apply in exigent circumstances (as defined in para-
graph 2). 
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‘‘(2) EXIGENT CIRCUMSTANCES DEFINED.—Ex-
igent circumstances exist when a law enforcement 
entity reasonably believes there is— 
‘‘(A) an imminent danger of death or seri-
ous physical injury; or 
‘‘(B) a high risk of a terrorist attack by a 
specific individual or organization, when the 
Secretary of Homeland Security has determined 
that credible intelligence indicates there is such 
a risk. 
‘‘(3) REQUIRED DOCUMENTATION.—In the case 
of a person or entity operating an unmanned air-
craft system under the exception for exigent cir-
cumstances created by paragraph (1), documenta-
tion justifying the exception shall be submitted to 
the Secretary of Transportation not later than 7 
days after the date of the relevant unmanned air-
craft system flight. 
‘‘(4) INFORMATION OR DATA UNRELATED TO 
EXIGENT CIRCUMSTANCES.—A person or entity op-
erating an unmanned aircraft system under the ex-
ception for exigent circumstances created by para-
graph (1) shall minimize the collection by the un-
manned aircraft system of information and data un-
related to the exigent circumstances, and if such un-
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manned aircraft system incidentally collects any 
such information or data while being operated under 
such exception, the person or entity operating the 
unmanned aircraft system shall destroy such infor-
mation and data. 
‘‘(5) PROHIBITION
ON
INFORMATION
SHAR-
ING.—A person or entity shall not intentionally di-
vulge information collected in accordance with this 
section with any other person or entity, except as 
authorized by law. 
‘‘(6) PROHIBITION
ON
USE
AS
EVIDENCE.— 
Whenever information has been collected by means 
of use of an unmanned aircraft system, no part of 
the contents of such information and no evidence de-
rived therefrom may be received in evidence in any 
trial, hearing, or other proceeding in or before any 
court, grand jury, department, officer, agency, regu-
latory body, legislative committee, or other authority 
of the United States, a State, or a political subdivi-
sion thereof unless that information is collected in 
accordance with this section.’’. 
SEC. 4. ENFORCEMENT. 
(a) PROHIBITED CONDUCT.— 
(1) IN GENERAL.—It shall be unlawful for a 
person or entity to operate an unmanned aircraft 
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system in a manner that is not in accordance with 
the terms of a data collection statement submitted 
under section 339(a)(1) of the FAA Modernization 
and Reform Act of 2012, as added by section 3 of 
this Act, or in a manner that violates any portion of 
the final rule required under section 332(b)(1) of 
such Act insofar as such portion relates to the pro-
cedures described in section 338 of such Act. 
(2) REGULATIONS.—The Commission may pro-
mulgate regulations in accordance with section 553 
of title 5, United States Code, to carry out para-
graph (1) with respect to persons and entities de-
scribed in subsection (b)(3). 
(b) ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of subsection (a) or the regula-
tions promulgated under such subsection shall be 
treated as a violation of a regulation under section 
18(a)(1)(B) of the Federal Trade Commission Act 
(15 U.S.C. 57a(a)(1)(B)) regarding unfair or decep-
tive acts or practices. 
(2) POWERS
OF
COMMISSION.—The Commis-
sion shall enforce subsection (a) and the regulations 
promulgated under such subsection in the same 
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manner, by the same means, and with the same 
powers and duties as though all applicable terms 
and provisions of the Federal Trade Commission Act 
(15 U.S.C. 41 et seq.) were incorporated into and 
made a part of this Act, and any violator shall be 
subject to the penalties and entitled to the privileges 
and immunities provided in the Federal Trade Com-
mission Act. 
(3) APPLICABILITY.—Paragraphs (1) and (2) 
shall apply— 
(A) with respect to persons, partnerships, 
and corporations over which the Commission 
has jurisdiction under section 5(a)(2) of the 
Federal Trade Commission Act (15 U.S.C. 
45(a)(2)) (except to the extent such person, 
partnership, or corporation is a law enforce-
ment contractor or subcontractor); and 
(B) notwithstanding such section, with re-
spect to air carriers and foreign air carriers. 
(c) ACTIONS BY STATES.— 
(1) CIVIL ACTIONS.—In any case in which the 
attorney general of a State, or an official or agency 
of a State, has reason to believe that an interest of 
the residents of that State has been or is threatened 
or adversely affected by an act or practice in viola-
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tion of subsection (a) or a regulation promulgated 
under such subsection, or by the operation of an un-
manned aircraft system in violation of the terms of 
a data minimization statement submitted under sec-
tion 339(a)(2) of the FAA Modernization and Re-
form Act of 2012 (49 U.S.C. 40101 note), the State 
may bring a civil action on behalf of the residents 
of the State in an appropriate State court or an ap-
propriate district court of the United States to— 
(A) enjoin the violation; 
(B) enforce compliance with such sub-
section, regulation, or statement; 
(C) obtain damages, restitution, or other 
compensation on behalf of residents of the 
State; or 
(D) obtain such other legal and equitable 
relief as the court may consider to be appro-
priate. 
(2) NOTICE.—Before filing an action under this 
subsection against a person, partnership, or corpora-
tion over which the Commission has jurisdiction 
under section 5(a)(2) of the Federal Trade Commis-
sion Act (15 U.S.C. 45(a)(2)) (except to the extent 
such person, partnership, or corporation is a law en-
forcement contractor or subcontractor) or an air car-
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rier or foreign air carrier, the attorney general, offi-
cial, or agency of the State involved shall provide to 
the Commission a written notice of that action and 
a copy of the complaint for that action. If the attor-
ney general, official, or agency determines that it is 
not feasible to provide the notice described in this 
paragraph before the filing of the action, the attor-
ney general, official, or agency shall provide written 
notice of the action and a copy of the complaint to 
the Commission immediately upon the filing of the 
action. 
(3) AUTHORITY OF THE COMMISSION.— 
(A) IN
GENERAL.—On receiving notice 
under paragraph (2) of an action under this 
subsection, the Commission shall have the 
right— 
(i) to intervene in the action; 
(ii) upon so intervening, to be heard 
on all matters arising therein; and 
(iii) to file petitions for appeal. 
(B) LIMITATION ON STATE ACTION WHILE 
FEDERAL ACTION IS PENDING.—If the Commis-
sion or the Attorney General of the United 
States has instituted a civil action for violation 
of subsection (a) or a regulation promulgated 
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under such subsection (referred to in this sub-
paragraph as the ‘‘Federal action’’), no State 
attorney general, official, or agency may bring 
an action under this subsection during the 
pendency of the Federal action against any de-
fendant named in the complaint in the Federal 
action for any violation as alleged in that com-
plaint. 
(4) RULE OF CONSTRUCTION.—For purposes of 
bringing a civil action under this subsection, nothing 
in this Act or any amendment made by this Act 
shall be construed to prevent an attorney general, 
official, or agency of a State from exercising the 
powers conferred on the attorney general, official, or 
agency by the laws of that State to conduct inves-
tigations, administer oaths and affirmations, or com-
pel the attendance of witnesses or the production of 
documentary and other evidence. 
(d) PRIVATE RIGHT OF ACTION.— 
(1) IN GENERAL.—A person injured by an act 
in violation of subsection (a) or the regulations pro-
mulgated under such subsection, or by the operation 
of an unmanned aircraft system in violation of the 
terms of a data minimization statement submitted 
under section 339(a)(2) of the FAA Modernization 
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and Reform Act of 2012 (49 U.S.C. 40101 note), 
may bring in an appropriate State court or an ap-
propriate district court of the United States— 
(A) an action to enjoin such violation; 
(B) an action to recover damages for ac-
tual monetary loss from such violation, or to re-
ceive up to $1,000 in damages for each such 
violation, whichever is greater; or 
(C) both such actions. 
(2) INTENTIONAL VIOLATIONS.—If the defend-
ant committed a violation described in paragraph 
(1), and intended to do so, the court may increase 
the amount of the award to an amount equal to not 
more than 3 times the amount available under para-
graph (1)(B). 
(3) COSTS.—The court shall award to a pre-
vailing plaintiff in an action under this subsection 
the costs of such action and reasonable attorney’s 
fees, as determined by the court. 
(4) LIMITATION.—An action may be com-
menced under this subsection not later than 2 years 
after the date on which the person first discovered 
or had a reasonable opportunity to discover the vio-
lation. 
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(5) NONEXCLUSIVE REMEDY.—The remedy pro-
vided by this subsection shall be in addition to any 
other remedies available to the person. 
(e) SUITS AGAINST GOVERNMENTAL ENTITIES.— 
Notwithstanding the Federal Trade Commission Act (15 
U.S.C. 41 et seq.), a suit under subsection (c) or sub-
section (d) may be maintained against a governmental en-
tity. 
(f) LICENSE REVOCATION.—The Federal Aviation 
Administration shall revoke the certificate, license, or 
other grant of authority to operate an unmanned aircraft 
system if such system is operated in a manner that— 
(1) is not in accordance with the terms of— 
(A) a data collection statement submitted 
under section 339(a)(1) of the FAA Moderniza-
tion and Reform Act of 2012 (49 U.S.C. 40101 
note), as added by this Act; or 
(B) a data minimization statement sub-
mitted under section 339(a)(2) of such Act; or 
(2) violates any portion of the final rule re-
quired under section 332(b)(1) of such Act insofar 
as such portion relates to the procedures described 
in section 338 of such Act, as added by this Act. 
(g) VIOLATIONS.—Each day on which each un-
manned aircraft system is operated in violation of sub-
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section (a), or the regulations promulgated under such 
subsection, or the terms of a data minimization statement 
submitted under section 339(a)(2) of the FAA Moderniza-
tion and Reform Act of 2012 (49 U.S.C. 40101 note), as 
added by section 3 of this Act, shall be treated as a sepa-
rate violation. 
(h) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(2) LAW ENFORCEMENT.—The term ‘‘law en-
forcement’’ has the meaning given such term in sec-
tion 337(c)(3) of the FAA Modernization and Re-
form Act of 2012, as added by section 3 of this Act. 
(3) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, each 
commonwealth, territory, or possession of the United 
States, and each federally recognized Indian tribe. 
(4) UNMANNED AIRCRAFT SYSTEM.—The term 
‘‘unmanned aircraft system’’ has the meaning given 
such term in section 331 of the FAA Modernization 
and Reform Act of 2012 (49 U.S.C. 40101 note). 
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SEC. 5. MODEL AIRCRAFT PROVISION. 
Nothing in this Act may be construed to apply to 
model aircraft as defined in section 336(c) of the FAA 
Modernization and Reform Act of 2012. 
Æ 
VerDate Mar 15 2010 
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pwalker on DSK7TPTVN1PROD with BILLS