Safeguarding Privacy and Fostering Aerospace Innovation Act of 2013

“14 Civil unmanned aircraft systems

“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.

“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).

“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.”