[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2868 Introduced in House (IH)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drone Aircraft Privacy and
Transparency Act of 2013''.
SEC. 2. GUIDANCE AND LIMITATIONS REGARDING UNMANNED 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 Chairman of the Federal Trade
Commission, and the Chief Privacy 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 unmanned aircraft
systems into the national airspace system, including any potential
violations of the privacy principles.
``(b) Report.--Not later than 180 days after the date of enactment
of this section, the Secretary of Transportation shall submit a report
on the study conducted under subsection (a) to--
``(1) the Committee on Transportation and Infrastructure 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--
``(1) the term `privacy protections' means protections that
relate to the use, collection, and disclosure 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 guidelines titled `Annex to the
Recommendation of the Council of 23rd September 1980:
Guidelines Governing The Protection Of Privacy And Transborder
Flows Of Personal Data', adopted by the Organization 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 prosecution 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 enactment 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
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 accordance with the requirements of
subsection (c) that provides reasonable assurance that the
applicant will operate the unmanned aircraft system in
accordance with the privacy principles.
``(b) Data Collection Statement.--A data collection statement under
subsection (a), with respect to an unmanned aircraft system, shall
include information identifying--
``(1) the individuals or entities that will have the power
to use the unmanned aircraft system;
``(2) the specific locations in which the unmanned aircraft
system will operate;
``(3) the maximum period for which the unmanned 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 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 provided to
third parties, and if so, under what
circumstances it might be so sold or leased;
``(iii) the period for which such
information 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 privacy of individuals;
``(6) the specific steps that will be taken to mitigate any
possible impact identified under paragraph (5), including steps
to protect against unauthorized disclosure of any information
or data described 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 address that an
individual with complaints about the operation of the unmanned
aircraft system may use to report such complaints and to
request confirmation 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 individual 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 successful, 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 described 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 unmanned
aircraft system of information and data unrelated to
the investigation of a crime under a warrant;
``(B) require the destruction of such information
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, respectively, 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, LICENSES, AND OTHER
GRANTS OF AUTHORITY.
``(a) In General.--The Administrator of the Federal Aviation
Administration shall make available on the public Internet Web site of
the Federal Aviation Administration in a searchable format--
``(1) the approved certificate, license, or other grant of
authority for each unmanned aircraft system 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 collected 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 unmanned aircraft system in the national
airspace system, the data collection statement described in
section 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 practicable after the date of approval
of such certificate, license, or other grant of authority.
``SEC. 341. WARRANTS REQUIRED FOR GENERALIZED SURVEILLANCE.
``(a) In General.--A public agency, entity, or individual
officially representing a public agency or entity may not use an
unmanned aircraft system or request information or data collected by
another entity using an unmanned 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 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 paragraph 2).
``(2) Exigent circumstances defined.--Exigent circumstances
exist when a public agency, entity, 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 attack 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 appropriate.
``(3) Required documentation.--In the case of 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), documentation justifying the exception shall be submitted
to the Secretary of Transportation not later than 7 days after
the date of the relevant unmanned aircraft 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 information and data.
``(5) Prohibition on information sharing.--A public agency,
entity, or individual officially representing such public
agency or entity shall not intentionally divulge 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 derived therefrom 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.''.
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 procedures described in section 338
of such Act.
(2) Regulations.--The Commission may promulgate regulations
in accordance with section 553 of title 5, United States Code,
to carry out paragraph (1) with respect to persons and entities
described in subsection (b)(3).
(b) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
subsection (a) or the regulations 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 deceptive acts or
practices.
(2) Powers of commission.--The Commission 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
Commission 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
enforcement contractor or subcontractor); and
(B) notwithstanding such section, with respect 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 violation of subsection (a) or a regulation
promulgated 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), the State may bring a civil action on behalf of the
residents of the State in an appropriate State court or an
appropriate district court of the United States to--
(A) enjoin the violation;
(B) enforce compliance with such subsection,
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 appropriate.
(2) Notice.--Before filing an action under this subsection
against a person, partnership, or corporation 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
enforcement contractor or subcontractor) or an air carrier or
foreign air carrier, the attorney general, official, 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 attorney 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 attorney
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 Commission 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 subparagraph
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 defendant named in the complaint in the
Federal action for any violation as alleged in that
complaint.
(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
investigations, administer oaths and affirmations, or compel
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 promulgated 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 appropriate district court of the
United States--
(A) an action to enjoin such violation;
(B) an action to recover damages for actual
monetary loss from such violation, or to receive up to
$1,000 in damages for each such violation, whichever is
greater; or
(C) both such actions.
(2) Intentional violations.--If the defendant 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
paragraph (1)(B).
(3) Costs.--The court shall award to a prevailing 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 commenced 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 violation.
(5) Nonexclusive remedy.--The remedy provided 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 subsection (d) may be maintained against a
governmental entity.
(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 Modernization and Reform
Act of 2012 (49 U.S.C. 40101 note), as added by this
Act; or
(B) a data minimization statement submitted under
section 339(a)(2) of such Act; or
(2) 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 338 of such Act, as
added by this Act.
(g) Violations.--Each day on which each unmanned aircraft system is
operated in violation of subsection (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 Modernization and Reform
Act of 2012 (49 U.S.C. 40101 note), as added by section 3 of this Act,
shall be treated as a separate violation.
(h) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Law enforcement.--The term ``law enforcement'' has the
meaning given such term in section 337(c)(3) of the FAA
Modernization and Reform 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.
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