[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1057 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1057

To prohibit the use of unmanned aircraft systems by private persons to 
 conduct surveillance of other private persons, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2013

  Mr. Udall of Colorado introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To prohibit the use of unmanned aircraft systems by private persons to 
 conduct surveillance of other private persons, 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 ``Safeguarding Privacy and Fostering 
Aerospace Innovation Act of 2013''.

SEC. 2. PROTECTION OF PRIVACY FROM SURVEILLANCE BY CIVIL UNMANNED 
              AIRCRAFT SYSTEMS.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 13 the following:

             ``CHAPTER 14--CIVIL UNMANNED AIRCRAFT SYSTEMS

``Sec.
``261. Definitions.
``262. Prohibition on surveillance using civil unmanned aircraft 
                            systems.
``263. Identification of civil unmanned aircraft systems.
``Sec. 261. Definitions
    ``In this chapter--
            ``(1) the term `civil unmanned aircraft system' means an 
        unmanned aircraft system that is not a public unmanned aircraft 
        system;
            ``(2) the term `governmental entity' means--
                    ``(A) an agency (as defined in section 551 of title 
                5);
                    ``(B) an agency of a State; and
                    ``(C) an agency of a unit of local government of a 
                State;
            ``(3) the term `public unmanned aircraft system' has the 
        meaning given the term in section 331 of the FAA Modernization 
        and Reform Act of 2012 (49 U.S.C. 40101 note);
            ``(4) the term `State' means each of the 50 States, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, Guam, American Samoa, and the 
        Northern Mariana Islands;
            ``(5) the term `surveillance' means observation of the 
        activities of a person for the purpose of viewing, recording, 
        or monitoring that person; and
            ``(6) the term `unmanned aircraft system'--
                    ``(A) has the meaning given the term in section 331 
                of the FAA Modernization and Reform Act of 2012 (49 
                U.S.C. 40101 note); and
                    ``(B) does not include--
                            ``(i) an unmanned aircraft system used in 
                        mapping or resource management; or
                            ``(ii) a model flying airplane that is used 
                        only for sport or recreational purposes.
``Sec. 262. Prohibition on surveillance using civil unmanned aircraft 
              systems
    ``(a) Prohibition.--
            ``(1) In general.--It shall be unlawful for any person to 
        use a civil unmanned aircraft system to willfully conduct 
        surveillance of another person (referred to in this subsection 
        as a `targeted person').
            ``(2) Exceptions.--Paragraph (1) shall not apply to the use 
        of a civil unmanned aircraft system to conduct surveillance of 
        a targeted person--
                    ``(A) if the person conducting the surveillance 
                obtains the prior express written consent of the 
                targeted person;
                    ``(B) in an emergency situation in which the life 
                of an individual is threatened; or
                    ``(C) if the targeted person is in a place of 
                public use (as defined in section 2332f(e)) where 
                surveillance would not be highly offensive to a 
                reasonable person.
    ``(b) Penalties.--Any person who violates subsection (a)--
            ``(1) shall be fined not more than $10,000; and
            ``(2) in the case of a second or subsequent violation, 
        shall be fined not more than $15,000.
    ``(c) Enforcement.--Any aggrieved party may in a civil action 
obtain all appropriate relief to prevent or remedy a violation of 
subsection (a).
``Sec. 263. Identification of civil unmanned aircraft systems
    ``The owner of a civil unmanned aircraft system shall clearly mark 
the civil unmanned aircraft system with the name, address, and 
telephone number of the owner.''.
    (b) Technical and Conforming Amendment.--The table of chapters for 
part I of title 18, United States Code, is amended by inserting after 
the item relating to chapter 13 the following:

``14. Civil unmanned aircraft systems.......................     261''.

SEC. 3. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.
                                 <all>