I 
115TH CONGRESS 
1ST SESSION H. R. 1526 
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 13, 2017 
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 with-
in 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 2017’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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invasive and pervasive surveillance without adequate 
privacy protections, and currently, no explicit pri-
vacy protections or public transparency measures 
with respect to such system technology are built into 
the law. 
(6) 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. 
(a) IN GENERAL.—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. RULEMAKING. 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall establish procedures to ensure that the integration 
of unmanned aircraft systems into the national airspace 
system is done in compliance with the privacy principles. 
‘‘(b) EXCEPTION.—The procedures established under 
subsection (a) shall not apply with respect to unmanned 
aircraft systems operated for news-gathering activities 
protected by the First Amendment to the Constitution of 
the United States. 
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‘‘SEC. 338. DATA COLLECTION STATEMENTS AND DATA 
MINIMIZATION STATEMENTS. 
‘‘(a) IN GENERAL.—Beginning on the date of the en-
actment 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 air-
craft system in the national airspace system unless the 
application for such certificate, license, or other grant of 
authority 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. 
‘‘(b) DATA COLLECTION STATEMENT.—A data col-
lection statement under subsection (a), with respect to an 
unmanned aircraft system, shall include information iden-
tifying— 
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‘‘(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 the 
system will be used; and 
‘‘(B) the specific kinds of information or 
data the system will collect about individuals or 
groups of individuals and how such information 
or data, as well as conclusions drawn from such 
information or data, will be used, disclosed, 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; 
‘‘(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; 
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‘‘(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-
tion that personally identifiable data relating to such 
individual has been collected; 
‘‘(8) in a case in which personally identifiable 
data relating to an individual has been collected, a 
reasonable process for the individual to request to 
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obtain such data in a timely and an intelligible man-
ner; 
‘‘(9) in a case in which a request described in 
paragraph (8) is denied, a process by which the indi-
vidual may obtain the reasons for the denial and 
challenge the denial; and 
‘‘(10) in a case in which personally identifiable 
data relating to an individual has been collected, a 
process by which the 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, as the case may be, that— 
‘‘(A) minimize the collection by the un-
manned aircraft system of information and data 
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 
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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, as the case 
may be, that will ensure that the agency, contractor, 
or subcontractor, as the case may be, uses the un-
manned aircraft system in accordance with the pa-
rameters outlined in the data collection statement 
and the statement required by this subsection. 
‘‘(d) EXCEPTION.—The procedures established under 
subsections (a), (b), and (c) shall not apply with respect 
to unmanned aircraft systems operated for news-gathering 
activities protected by the First Amendment to the Con-
stitution of the United States. 
‘‘SEC. 339. 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 website of the Federal Aviation Adminis-
tration in a searchable format— 
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‘‘(1) the name of each person or agency author-
ized to conduct civil or public unmanned aircraft 
system operations; 
‘‘(2) the name of the owner of each unmanned 
aircraft system described in paragraph (1); 
‘‘(3) the expiration date of the authorization de-
scribed in paragraph (1); 
‘‘(4) the contact information for each person 
identified under paragraph (1) or (2), including a 
telephone number and electronic mail address, sub-
ject to applicable privacy laws; 
‘‘(5) the tail number or other specific identifica-
tion number of each unmanned aircraft system au-
thorized to conduct operations, with a link to the 
owner of the unmanned aircraft system; 
‘‘(6) the approved certificate, license, or other 
grant of authority for each unmanned aircraft sys-
tem awarded a certificate, license, or other grant of 
authority to operate in the national airspace system, 
including any such certificate, license, or other grant 
of authority awarded prior to the date of the enact-
ment of this section; 
‘‘(7) information detailing where, when, and for 
what purpose each unmanned aircraft system will be 
operated; 
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‘‘(2) in the case of a certificate, license, or 
other grant of authority awarded on or after the 
date of the enactment of this section, as soon as is 
practicable after the date of approval of such certifi-
cate, license, or other grant of authority. 
‘‘SEC. 340. WARRANTS REQUIRED FOR GENERALIZED SUR-
VEILLANCE. 
‘‘(a) IN GENERAL.—A governmental entity (as de-
fined in section 2711 of title 18, United States Code) may 
not use an unmanned aircraft system or request informa-
tion or data collected by another person using an un-
manned aircraft system for protective activities, or for law 
enforcement or intelligence purposes, except pursuant to 
a warrant 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 permitted under 
the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.). 
‘‘(b) EXCEPTIONS.— 
‘‘(1) IN
GENERAL.—Subsection (a) shall not 
apply in a case in which a governmental entity is 
using an unmanned aircraft system in exigent cir-
cumstances (as defined in paragraph (2)). 
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‘‘(2) EXIGENT CIRCUMSTANCES DEFINED.—Ex-
igent circumstances exist when— 
‘‘(A) a law enforcement entity reasonably 
believes there is an imminent danger of death 
or serious physical injury; or 
‘‘(B) a law enforcement entity reasonably 
believes there is a high risk of an imminent ter-
rorist attack by a specific individual or organi-
zation and the Secretary of Homeland Security 
has determined that credible intelligence indi-
cates there is such a risk. 
‘‘(3) REQUIRED DOCUMENTATION.—In the case 
of a person operating an unmanned aircraft system 
under an exception under 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 operating an 
unmanned aircraft system under an exception under 
paragraph (1) shall minimize the collection by the 
unmanned aircraft system of information and data 
unrelated to the reason for the exception. If the un-
manned aircraft system incidentally collects any 
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such information or data while being operated under 
that exception, the person operating the unmanned 
aircraft system shall destroy the information and 
data. 
‘‘(c) PROHIBITION ON INFORMATION SHARING.—A 
person may not intentionally divulge information collected 
in accordance with this section with any other person, ex-
cept as authorized by law. 
‘‘(d) PROHIBITION ON USE AS EVIDENCE.—If infor-
mation has been collected by means of use of an un-
manned aircraft system, no part of the contents of that 
information and no evidence derived from that information 
may be received in evidence in any trial, hearing, or other 
proceeding in or before any court, grand jury, department, 
officer, agency, regulatory body, legislative committee, or 
other authority of the United States, a State, or a political 
subdivision thereof unless that information is collected in 
accordance with this section. 
‘‘(e) INJUNCTION.—A person injured by an act in vio-
lation of this section may bring in an appropriate State 
court or an appropriate district court of the United States 
an action to enjoin such violation.’’. 
(b) DEFINITIONS.—Section 331 of the FAA Mod-
ernization and Reform Act of 2012 (Public Law 112–95; 
49 U.S.C. 40101 note) is amended— 
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(1) by redesignating paragraphs (4) through 
(9) as paragraphs (7) through (12); 
(2) by redesignating paragraph (3) as para-
graph (4); 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) LAW ENFORCEMENT.—The term ‘law en-
forcement’ 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.’’; and 
(4) by inserting after paragraph (4), as redesig-
nated by paragraph (2), the following: 
‘‘(5) PRIVACY PRINCIPLES.—The term ‘privacy 
principles’ means the principles described in Part 
Two of the Organization for Economic Co-operation 
and Development guidelines titled ‘Annex to the 
Recommendation of the Council of 23rd September 
1980: Guidelines Governing The Protection Of Pri-
vacy And Transborder Flows Of Personal Data’, 
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adopted by the Organization for Economic Co-oper-
ation and Development on September 23, 1980. 
‘‘(6) PRIVACY PROTECTIONS.—The term ‘pri-
vacy protections’ means protections that relate to 
the use, collection, and disclosure of information and 
data about individuals and groups of individuals.’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the FAA Modernization and Reform Act 
of 2012 (Public Law 112–95; 126 Stat. 11) is amended 
by inserting after the item relating to section 336 the fol-
lowing: 
‘‘Sec. 337. Rulemaking. 
‘‘Sec. 338. Data collection statements and data minimization statements. 
‘‘Sec. 339. Disclosure of approved certificates, licenses, and other grants of au-
thority. 
‘‘Sec. 340. Warrants required for generalized surveillance.’’. 
SEC. 4. ENFORCEMENT. 
(a) PROHIBITED CONDUCT.— 
(1) IN GENERAL.—It shall be unlawful for a 
person to operate an unmanned aircraft system in a 
manner that is not in accordance with the terms of 
a data collection statement submitted under section 
338(a)(1) of the FAA Modernization and Reform 
Act of 2012, as added by section 3, 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 procedures described in section 
337 of such Act. 
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(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, partnerships, and 
corporations described 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 
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. 
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(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-
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 338(a)(2) of the FAA Modernization and Re-
form Act of 2012, as added by section 3, the State 
may bring a civil action on behalf of the residents 
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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-
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-
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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 
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 
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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 338(a)(2) of the FAA Modernization 
and Reform Act of 2012, as added by section 3, may 
bring in an appropriate State court or an appro-
priate 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-
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