,,ii  #aacth ,,congress  #ast ,session  
,s4 #afci  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #d1  
#bjac ,mr4 ,markey introduced the       
following bill2 which was read twice and
 referred to the ,committee on          
,commerce1 ,science1 and ,transportation
  ,a ,,bill  ,to amend the ,,faa        
,modernization and ,reform ,act of #bjab
 to provide guidance and limitations    
regarding the integration of unmanned   
aircraft systems into ,united ,states   
airspace1 and for other purposes4  #a4  
,short title ,this ,act may be cited as 
the ,drone ,aircraft ,privacy and       
,transparency ,act of #bjac4  #b4       
,findings ,congress finds the following3
  7#a7 ,on ,february #ad1 #bjab1        
,president ,obama signed the ,,faa      
,modernization and ,reform ,act of #bjab
 7,public ,law #aab-ie2 #di ,u4,s4,c4   
#djaja note7 into law1 and sections #cca
 through #ccf of such ,act require the  
,federal ,aviation ,administration to   
fully integrate government1 commercial1 

and recreational unmanned aircraft      
systems1 commonly known as drones1 into 
,united ,states airspace by ,october    
#bjae4  7#b7 ,unmanned aircraft systems 
have traditionally been used almost     
exclusively overseas by military and    
security organizations2 however1 ,state 
and local governments1 businesses1 and  
private individuals are increasingly    
using unmanned aircraft systems in the  
,united ,states1 including deployments  
for law enforcement operations4  7#c7   
,as the technology advances and the cost
 decreases--unmanned aircraft systems   
are already orders of magnitude less    
expensive to purchase and operate than  
piloted aircraft--the market for        
,federal1 ,state1 and local government  
and commercial unmanned aircraft systems
 is rapidly growing4  7#d7 ,it has been 
estimated there could be as many as     
#cj1jjj unmanned aircraft systems in the
 sky in the ,united ,states by #bjbj4   
7#e7 ,there will no doubt be many       
beneficial applications of this         

technology1 for as ,secretary of        
,transportation ,ray ,la,hood said in a 
statement on ,march #g1 #bjab1 ,unmanned
 aircraft can help us meet a number of  
challenges1 from spotting wildfires to  
assessing natural disasters44  7#f7     
,however1 there also is the potential   
for unmanned aircraft system technology 
to enable invasive and pervasive        
surveillance without adequate privacy   
protections1 and currently1 no explicit 
privacy protections or public           
transparency measures with respect to   
such system technology are built into   
the law4  7#g7 ,federal standards for   
informing the public and protecting     
individual privacy with respect to      
unmanned aircraft systems are needed4   
#c4 ,guidance and limitations regarding 
unmanned aircraft systems  7a7 ,in      
general ,subtitle ,b of title ,,iii of  
the ,,faa ,modernization and ,reform    
,act of #bjab 7,public ,law #aab-ie2 #di
 ,u4,s4,c4 #djaja note7 is amended by   
adding at the end the following new     

sections3  #ccg4 ,privacy study and     
report  7a7 ,study ,the ,secretary of   
,transportation1 in consultation with   
the ,secretary of ,commerce1 the        
,chairman of the ,federal ,trade        
,commission1 and the ,chief ,privacy    
,officer of the ,department of ,homeland
 ,security1 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 system1     
including any potential violations of   
the privacy principles4  7b7 ,report    
,not later than #ahj days after the date
 of the enactment of this section1 the  
,secretary of ,transportation shall     
submit a report on the study conducted  
under subsection 7a7 to--  7#a7 the     
,committee on ,transportation and       
,infrastructure1 the ,committee on      
,energy and ,commerce1 and the          
,committee on ,homeland ,security of the
 ,house of ,representatives2 and  7#b7  
the ,committee on ,commerce1 ,science1  

and ,transportation1 the ,committee on  
,environment and ,public ,works1 and the
 ,committee on ,homeland ,security and  
,governmental ,affairs of the ,senate4  
#cch4 ,rulemaking ,as part of the       
rulemaking process required under       
section #ccb7;b77#a7 and the final rule 
adopted under such section1 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     
principles4  #cci4 ,data collection     
statements and data minimization        
statements  7a7 ,in general ,beginning  
on the date of the enactment of this    
section1 the ,secretary of              
,transportation may not approve1 issue1 
or award any certificate1 license1 or   
other grant of authority to operate an  
unmanned aircraft system in the national
 airspace system unless the application 
for such certificate1 license1 or other 
grant of authority includes--  7#a7 a   

data collection statement in accordance 
with the requirements of subsection 7b7 
that provides reasonable assurance that 
the applicant will operate the unmanned 
aircraft system in accordance with the  
privacy principles2 and  7#b7 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 subcontractor1 a   
data minimization statement in          
accordance with the requirements of     
subsection 7c7 that provides reasonable 
assurance that the applicant will       
operate the unmanned aircraft system in 
accordance with the privacy principles4 
7b7 ,data collection statement ,a data  
collection statement under subsection   
7a71 with respect to an unmanned        
aircraft system1 shall include          
information identifying--  7#a7 the     
individuals or entities that will have  
the power to use the unmanned aircraft  
system2  7#b7 the specific locations in 
which the unmanned aircraft system will 

operate2  7#c7 the maximum period for   
which the unmanned aircraft system will 
operate in each flight2  7#d7 whether   
the unmanned aircraft system will       
collect information or data about       
individuals or groups of individuals1   
and if so--  7,a7 the circumstances     
under which the system will be used2 and
  7,b7 the specific kinds of information
 or data the system will collect about  
individuals or groups of individuals and
 how such information or data1 as well  
as conclusions drawn from such          
information or data1 will be used1      
disclosed1 and otherwise handled1       
including--  7i7 how the collection or  
retention of such information or data   
that is unrelated to the specified use  
will be minimized2  7ii7 whether such   
information or data might be sold1      
leased1 or otherwise provided to third  
parties1 and if so1 under what          
circumstances it might be so sold or    
leased2  7iii7 the period for which such
 information or data will be retained2  

and  7iv7 when and how such information 
or data1 including information or data  
no longer relevant to the specified use1
 will be destroyed2  7#e7 the possible  
impact the operation of the unmanned    
aircraft system may have upon the       
privacy of individuals2  7#f7 the       
specific steps that will be taken to    
mitigate any possible impact identified 
under paragraph 7#e71 including steps to
 protect against unauthorized disclosure
 of any information or data described in
 paragraph 7#d71 such as the use of     
encryption methods and other security   
features that will be used2  7#g7 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 collected2  7#h7 in 
a case in which personally identifiable 
data relating to an individual has been 

collected1 a reasonable process for the 
individual to request to obtain such    
data in a timely and an intelligible    
manner2  7#i7 in a case in which a      
request described in paragraph 7#h7 is  
denied1 a process by which the          
individual may obtain the reasons for   
the denial and challenge the denial2 and
  7#aj7 in a case in which personally   
identifiable data relating to an        
individual has been collected1 a process
 by which the individual may challenge  
the accuracy of such data and1 if the   
challenge is successful1 have such data 
erased or amended4  7c7 ,data           
minimization statement ,a data          
minimization statement described in this
 subsection1 with respect to an unmanned
 aircraft system operated by a law      
enforcement agency1 contractor1 or      
subcontractor described in subsection   
7a77#b71 shall detail the applicable--  
7#a7 policies adopted by the agency1    
contractor1 or subcontractor1 as the    
case may be1 that--  7,a7 minimize the  

collection by the unmanned aircraft     
system of information and data unrelated
 to the investigation of a crime under a
 warrant2  7,b7 require the destruction 
of such information and data1 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 proceeding2 and  7,c7         
establish procedures for the method of  
such destruction2 and  7#b7 audit and   
oversight procedures adopted by the     
agency1 contractor1 or subcontractor1 as
 the case may be1 that will ensure that 
the agency1 contractor1 or              
subcontractor1 as the case may be1 uses 
the unmanned aircraft system in         
accordance with the parameters outlined 
in the data collection statement and the
 statement required by this subsection4 
#cdj4 ,disclosure of approved           
certificates1 licenses1 and other grants
 of authority  7a7 ,in general ,the     
,administrator of the ,federal ,aviation

 ,administration shall make available on
 the public ,internet website of the    
,federal ,aviation ,administration in a 
searchable format--  7#a7 the approved  
certificate1 license1 or other grant of 
authority for each unmanned aircraft    
system awarded a certificate1 license1  
or other grant of authority to operate  
in the national airspace system1        
including any such certificate1 license1
 or other grant of authority awarded    
prior to the date of the enactment of   
this section2  7#b7 information         
detailing where1 when1 and for what     
period each unmanned aircraft system    
will be operated2  7#c7 information     
detailing any data security breach that 
occurs with regard to information       
collected by an unmanned aircraft       
system2 and  7#d7 in the case of a      
certificate1 license1 or other grant of 
authority awarded on or after the date  
of the enactment of this section to     
operate an unmanned aircraft system in  
the national airspace system1 the data  

collection statement described in       
section #cci7;b7 and1 if applicable1 the
 data minimization statement described  
in section #cci7;c7 required with       
respect to such unmanned aircraft       
system4  7b7 ,deadline ,the             
,administrator shall complete the       
requirements under subsection 7a7 with  
regard to each unmanned aircraft        
system--  7#a7 in the case of a         
certificate1 license1 or other grant of 
authority awarded before the date of the
 enactment of this section1 not later   
than #ij days after such date of        
enactment2 and  7#b7 in the case of a   
certificate1 license1 or other grant of 
authority awarded on or after the date  
of the enactment of this section1 as    
soon as is practicable after the date of
 approval of such certificate1 license1 
or other grant of authority4  #cda4     
,warrants required for generalized      
surveillance  7a7 ,in general ,a        
governmental entity 7as defined in      
section #bgaa of title #ah1 ,united     

,states ,code7 may not use an unmanned  
aircraft system or request information  
or data collected by another person     
using an unmanned aircraft system for   
protective activities1 or for law       
enforcement or intelligence purposes1   
except pursuant to a warrant issued     
using the procedures described in the   
,federal ,rules of ,criminal ,procedure 
7or1 in the case of a ,state court1     
issued using ,state warrant procedures7 
by a court of competent jurisdiction1 or
 as permitted under the ,foreign        
,intelligence ,surveillance ,act of     
#aigh 7#ej ,u4,s4,c4 #ahja et seq474    
7b7 ,exception  7#a7 ,in general        
,subsection 7a7 shall not apply in      
exigent circumstances 7as defined in    
paragraph 7#b774  7#b7 ,exigent         
circumstances defined ,exigent          
circumstances exist when--  7,a7 a law  
enforcement entity reasonably believes  
there is an imminent danger of death or 
serious physical injury2 or  7,b7 a law 
enforcement entity reasonably believes  

there is a high risk of a terrorist     
attack by a specific individual or      
organization and the ,secretary of      
,homeland ,security has determined that 
credible intelligence indicates there is
 such a risk4  7#c7 ,required           
documentation ,in the case of a person  
operating an unmanned aircraft system   
under the exception for exigent         
circumstances under paragraph 7#a71     
documentation justifying the exception  
shall be submitted to the ,secretary of 
,transportation not later than #g days  
after the date of the relevant unmanned 
aircraft system flight4  7#d7           
,information or data unrelated to       
exigent circumstances ,a person         
operating an unmanned aircraft system   
under the exception for exigent         
circumstances under paragraph 7#a7 shall
 minimize the collection by the unmanned
 aircraft system of information and data
 unrelated to the exigent circumstances4
 ,if the unmanned aircraft system       
incidentally collects any such          

information or data while being operated
 under that exception1 the person       
operating the unmanned aircraft system  
shall destroy the information and data4 
7#e7 ,prohibition on information sharing
 ,a person may not intentionally divulge
 information collected in accordance    
with this section with any other person1
 except as authorized by law4  7#f7     
,prohibition on use as evidence ,if     
information has been collected by means 
of use of an unmanned aircraft system1  
no part of the contents of that         
information and no evidence derived from
 that information may be received in    
evidence in any trial1 hearing1 or other
 proceeding in or before any court1     
grand jury1 department1 officer1 agency1
 regulatory body1 legislative committee1
 or other authority of the ,united      
,states1 a ,state1 or a political       
subdivision thereof unless that         
information is collected in accordance  
with this section4  4  7b7 ,definitions 
,section #cca of the ,,faa              

,modernization and ,reform ,act of #bjab
 7,public ,law #aab-ie2 #di ,u4,s4,c4   
#djaja note7 is amended--  7#a7 by      
redesignating paragraphs 7#d7 through   
7#i7 as paragraphs 7#g7 through 7#ac72  
7#b7 by redesignating paragraph 7#c7 as 
paragraph 7#d72  7#c7 by inserting after
 paragraph 7#b7 the following3  7#c7    
,law enforcement ,the term law          
enforcement means--  7,a7 any entity of 
the ,united ,states or of a ,state1 or  
political subdivision thereof1 that is  
empowered by law to conduct             
investigations of or to make arrests for
 offenses2 and  7,b7 any entity or      
individual authorized by law to         
prosecute or participate in the         
prosecution of such offenses4  2 and    
7#d7 by inserting after paragraph 7#d71 
as redesignated by paragraph 7#b71 the  
following3  7#e7 ,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 #bcrd
 ,september #aihj3 ,guidelines          
,governing ,the ,protection ,of ,privacy
 ,and ,transborder ,flows ,of ,personal 
,data1 adopted by the ,organization for 
,economic ,co-operation and ,development
 on ,september #bc1 #aihj4  7#f7        
,privacy protections ,the term privacy  
protections means protections that      
relate to the use1 collection1 and      
disclosure of information and data about
 individuals and groups of individuals4 
4  #d4 ,enforcement  7a7 ,prohibited    
conduct  7#a7 ,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 #cci7;a77#a7 of 
the ,,faa ,modernization and ,reform    
,act of #bjab1 as added by section #c1  
or in a manner that violates any portion
 of the final rule required under       
section #ccb7;b77#a7 of such ,act       

insofar as such portion relates to the  
procedures described in section #cch of 
such ,act4  7#b7 ,regulations ,the      
,commission may promulgate regulations  
in accordance with section #eec of title
 #e1 ,united ,states ,code1 to carry out
 paragraph 7#a7 with respect to persons1
 partnerships1 and corporations         
described in subsection 7b77#c74  7b7   
,enforcement by ,federal ,trade         
,commission  7#a7 ,unfair or deceptive  
acts or practices ,a violation of       
subsection 7a7 or the regulations       
promulgated under such subsection shall 
be treated as a violation of a          
regulation under section                
#ah7;a77#a77;,b7 of the ,federal ,trade 
,commission ,act 7#ae ,u4,s4,c4         
#eg;a7a77#a77;,b77 regarding unfair or  
deceptive acts or practices4  7#b7      
,powers of ,commission ,the ,commission 
shall enforce subsection 7a7 and the    
regulations promulgated under such      
subsection in the same manner1 by the   
same means1 and with the same powers and

 duties as though all applicable terms  
and provisions of the ,federal ,trade   
,commission ,act 7#ae ,u4,s4,c4 #da et  
seq47 were incorporated into and made a 
part of this ,act1 and any violator     
shall be subject to the penalties and   
entitled to the privileges and          
immunities provided in the ,federal     
,trade ,commission ,act4  7#c7          
,applicability ,paragraphs 7#a7 and 7#b7
 shall apply--  7,a7 with respect to    
persons1 partnerships1 and corporations 
over which the ,commission has          
jurisdiction under section #e7;a77#b7 of
 the ,federal ,trade ,commission ,act   
7#ae ,u4,s4,c4 #de7;a77#b77 7except to  
the extent such person1 partnership1 or 
corporation is a law enforcement        
contractor or subcontractor72 and  7,b7 
notwithstanding such section1 with      
respect to air carriers and foreign air 
carriers4  7c7 ,actions by ,states  7#a7
 ,civil actions ,in any case in which   
the attorney general of a ,state1 or an 
official or agency of a ,state1 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 7a7 or a regulation          
promulgated under such subsection1 or by
 the operation of an unmanned aircraft  
system in violation of the terms of a   
data minimization statement submitted   
under section #cci7;a77#b7 of the ,,faa 
,modernization and ,reform ,act of      
#bjab1 as added by section #c1 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--  7,a7 enjoin the   
violation2  7,b7 enforce compliance with
 such subsection1 regulation1 or        
statement2  7,c7 obtain damages1        
restitution1 or other compensation on   
behalf of residents of the ,state2 or   
7,d7 obtain such other legal and        
equitable relief as the court may       
consider to be appropriate4  7#b7       

,notice ,before filing an action under  
this subsection against a person1       
partnership1 or corporation over which  
the ,commission has jurisdiction under  
section #e7;a77#b7 of the ,federal      
,trade ,commission ,act 7#ae ,u4,s4,c4  
#de7;a77#b77 7except to the extent such 
person1 partnership1 or corporation is a
 law enforcement contractor or          
subcontractor7 or an air carrier or     
foreign air carrier1 the attorney       
general1 official1 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 action4 ,if the attorney general1  
official1 or agency determines that it  
is not feasible to provide the notice   
described in this paragraph before the  
filing of the action1 the attorney      
general1 official1 or agency shall      
provide written notice of the action and
 a copy of the complaint to the         
,commission immediately upon the filing 
of the action4  7#c7 ,authority of the  

,commission  7,a7 ,in general ,on       
receiving notice under paragraph 7#b7 of
 an action under this subsection1 the   
,commission shall have the right--  7i7 
to intervene in the action2  7ii7 upon  
so intervening1 to be heard on all      
matters arising therein2 and  7iii7 to  
file petitions for appeal4  7,b7        
,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
 7a7 or a regulation promulgated under  
such subsection 7referred to in this    
subparagraph as the ,federal action71 no
 ,state attorney general1 official1 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 complaint4  7#d7 ,rule of          
construction ,for purposes of bringing a
 civil action under this subsection1    

nothing in this ,act or any amendment   
made by this ,act shall be construed to 
prevent an attorney general1 official1  
or agency of a ,state from exercising   
the powers conferred on the attorney    
general1 official1 or agency by the laws
 of that ,state to conduct              
investigations1 administer oaths and    
affirmations1 or compel the attendance  
of witnesses or the production of       
documentary and other evidence4  7d7    
,private right of action  7#a7 ,in      
general ,a person injured by an act in  
violation of subsection 7a7 or the      
regulations promulgated under such      
subsection1 or by the operation of an   
unmanned aircraft system in violation of
 the terms of a data minimization       
statement submitted under section       
#cci7;a77#b7 of the ,,faa ,modernization
 and ,reform ,act of #bjab1 as added by 
section #c1 may bring in an appropriate 
,state court or an appropriate district 
court of the ,united ,states--  7,a7 an 
action to enjoin such violation2  7,b7  

an action to recover damages for actual 
monetary loss from such violation1 or to
 receive up to #a1jjj in damages for    
each such violation1 whichever is       
greater2 or  7,c7 both such actions4    
7#b7 ,intentional violations ,if the    
defendant committed a violation         
described in paragraph 7#a71 and        
intended to do so1 the court may        
increase the amount of the award to an  
amount equal to not more than #c times  
the amount available under paragraph    
7#a77;,b74  7#c7 ,costs ,the court shall
 award to a prevailing plaintiff in an  
action under this subsection the costs  
of such action and reasonable attorney's
 fees1 as determined by the court4  7#d7
 ,limitation ,an action may be commenced
 under this subsection not later than #b
 years after the date on which the      
person first discovered or had a        
reasonable opportunity to discover the  
violation4  7#e7 ,nonexclusive remedy   
,the remedy provided by this subsection 
shall be in addition to any other       

remedies available to the person4  7e7  
,suits against governmental entities    
,notwithstanding the ,federal ,trade    
,commission ,act 7#ae ,u4,s4,c4 #da et  
seq471 a suit under subsection 7c7 or   
7d7 may be maintained against a         
governmental entity4  7f7 ,license      
revocation ,the ,federal ,aviation      
,administration shall revoke the        
certificate1 license1 or other grant of 
authority to operate an unmanned        
aircraft system if such system is       
operated in a manner that--  7#a7 is not
 in accordance with the terms of--  7,a7
 a data collection statement submitted  
under subsection 7a77#a7 of section #cci
 of the ,,faa ,modernization and ,reform
 ,act of #bjab1 as added by section #c2 
or  7,b7 a data minimization statement  
submitted under subsection 7a77#b7 of   
such section2 or  7#b7 violates any     
portion of the final rule required under
 section #ccb7;b77#a7 of such ,act      
insofar as such portion relates to the  
procedures described in section #cch of 

such ,act1 as added by section #c4  7g7 
,violations ,each day on which each     
unmanned aircraft system is operated in 
violation of subsection 7a71 or the     
regulations promulgated under such      
subsection1 or the terms of a data      
minimization statement submitted under  
section #cci7;a77#b7 of the ,,faa       
,modernization and ,reform ,act of      
#bjab1 as added by section #c1 shall be 
treated as a separate violation4  7h7   
,definitions ,in this section3  7#a7    
,commission ,the term ,commission means 
the ,federal ,trade ,commission4  7#b7  
,law enforcement ,the term law          
enforcement has the meaning given such  
term in section #cca of the ,,faa       
,modernization and ,reform ,act of      
#bjab1 as amended by section #c4  7#c7  
,state ,the term ,state means each of   
the several ,states1 the ,district of   
,columbia1 each commonwealth1 territory1
 or possession of the ,united ,states1  
and each federally recognized ,indian   
tribe4  7#d7 ,unmanned aircraft system  

,the term unmanned aircraft system has  
the meaning given such term in section  
#cca of the ,,faa ,modernization and    
,reform ,act of #bjab 7#di ,u4,s4,c4    
#djaja note74  #e4 ,model aircraft      
provision ,nothing in this ,act may be  
construed to apply to model aircraft 7as
 defined in section #ccf7;c7 of the     
,,faa ,modernization and ,reform ,act of
 #bjab 7,public ,law #aab-ie2 #di       
,u4,s4,c4 #djaja note774