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 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 2013’’. 
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SEC. 2. 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-
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; 
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‘‘(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— 
‘‘(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 
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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 
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 
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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— 
‘‘(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 
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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-
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 enactment 
of this section; 
‘‘(2) information detailing where, when, and for 
what period each unmanned aircraft system will be 
operated; 
‘‘(3) information detailing any data security 
breach that occurs with regard to information col-
lected by an unmanned aircraft system; and 
‘‘(4) in the case of a certificate, license, or 
other grant of authority awarded on or after the 
date of enactment of this section to operate an un-
manned aircraft system in the national airspace sys-
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tem, the data collection statement described in sec-
tion 339(b) and, if applicable, the data minimization 
statement described in section 339(c) required with 
respect to such unmanned aircraft system. 
‘‘(b) DEADLINE.—The Administrator shall complete 
the requirements under subsection (a) with regard to each 
unmanned aircraft system— 
‘‘(1) in the case of a certificate, license, or 
other grant of authority awarded before the date of 
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 public agency, entity, or indi-
vidual officially representing a public agency or entity may 
not use an unmanned aircraft system or request informa-
tion or data collected by another entity 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 
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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). 
‘‘(2) EXIGENT CIRCUMSTANCES DEFINED.—Ex-
igent circumstances exist when a public agency, enti-
ty, or individual officially representing such public 
agency or entity reasonably believes— 
‘‘(A) there is imminent danger of death or 
serious physical injury; 
‘‘(B) there is a high risk of a terrorist at-
tack by a specific individual or organization, 
when the Secretary of Homeland Security has 
determined that credible intelligence indicates 
there is such a risk; or 
‘‘(C) a search and rescue mission is appro-
priate. 
‘‘(3) REQUIRED DOCUMENTATION.—In the case 
of a public agency, entity, or individual officially rep-
resenting such agency or entity operating an un-
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manned aircraft system under the exception for exi-
gent circumstances created by paragraph (1), docu-
mentation 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 public agency, entity, 
or individual officially representing such agency or 
entity operating an unmanned aircraft system under 
the exception for exigent circumstances created by 
paragraph (1) shall minimize the collection by the 
unmanned aircraft system of information and data 
unrelated to the exigent circumstances, and if such 
unmanned 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 public agency, entity, or individual officially 
representing such public agency or entity shall not 
intentionally divulge information collected in accord-
ance with this section with any other person or enti-
ty, except as authorized by law. 
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‘‘(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. 3. ENFORCEMENT. 
(a) PROHIBITED CONDUCT.— 
(1) IN GENERAL.—It shall be unlawful for a 
person or entity 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 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 
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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 
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— 
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(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 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; 
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(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-
ney general, official, or agency shall provide written 
notice of the action and a copy of the complaint to 
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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 
action for any violation as alleged in that com-
plaint. 
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(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 
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 
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(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. 
(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. 
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(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-
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: 
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(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). 
SEC. 4. 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 
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