2D SESSION H. R. ll
To amend the FAA Modernization and Reform Act of 12 to provide guidance
and limitations regarding the integration of unmanned aircraft systems
into United States airspace, and for other purposes.
Mr. MARKEY introduced the following bill; which was referred to the
Committee.
A BILL
To amend the FAA Modernization and Reform Act of 12 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 12’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On February 14, 12, President Obama signed the FAA Modernization and
Reform Act of 5 12 (Public Law 112-95; 49 U.S.C. 40101 note) 6 into law,
and sections 331 through 336 of such Act 7 require the Federal Aviation
Administration to fully integrate government, commercial, and
recreational unmanned aircraft systems, commonly known as drones’’, into
United States airspace by October 11 15.
(2) Unmanned aircraft systems have traditionally been used almost
exclusively overseas by military and security organizations; however,
State and local governments, businesses, and private individuals are
increasingly using unmanned aircraft systems in the United States,
including deployments for law enforcement operations.
(3) 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 Federal, State
(4) It has been estimated there could be as many as 30,000 unmanned
aircraft systems in the sky in the United States by .
(5) There will no doubt be many beneficial applications of this
technology, for as Secretary of Transportation Ray LaHood said in a
statement on March 7, 12, Unmanned aircraft can help us meet a number of
challenges, from spotting wildfires to assessing natural disasters.’’.
(6) However, there also is the potential for unmanned aircraft system
technology to enable invasive and pervasive surveillance without
adequate privacy protections, and currently, no explicit privacy
protections or public transparency measures with respect to such system
technology are built into the law.
(7) Federal standards for informing the public and protecting individual
privacy with respect to unmanned aircraft systems are needed.
SEC. 3. GUIDANCE AND LIMITATIONS REGARDING UNMANNED AIRCRAFT SYSTEMS.
Subtitle B of title III of the FAA Modernization and Reform Act of 12
(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 0 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 guide lines titled ‘Annex to the Recommendation of the
Council of rd September 80: Guidelines Governing The Protection Of
Privacy And Transborder Flows Of Peronal Data’, adopted by the
Organisation for Economic Co-operation and Development on September ,
80; 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 how
the collection or retention of such information or data that is
unrelated to the specified use will be minimized; 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; the period for which such information or data will be
retained; and when and how such information 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;
(C) establish procedures for the method of such destruction;
(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, LI
CENSES, AND OTHER GRANTS OF AUTHORITY.
(a) 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—
(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.—No person or entity may use 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 78 (50 U.S.C. 01 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 law enforcement entity reasonably believes there is—
(A) an imminent danger of death or serious physical injury;
or
(B) 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.
(3) REQUIRED DOCUMENTATION.—In the case of a person or entity
operating an unmanned air craft 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 days after the date of the relevant unmanned air craft system
flight.
(4) INFORMATION OR DATA UNRELATED TO EXIGENT CIRCUMSTANCES.—A
person 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 person 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 there from 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. 4. ENFORCEMENT
(a) PROHIBITED CONDUCT.—
(1) IN GENERAL.—It shall be unlawful for a person or entity to
operate an unmanned aircraft 5 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 12, 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 (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 (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 12 (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 $1000 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 (158 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 12 (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 12 (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 sec14tion 337(c)(3) of the FAA Modernization
and Reform Act of 12, 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 12 (49 U.S.C. 40101 note).
Note:
Homeland Surveillance & Electronics LLC Mission is also to protect the
privacy rights of the individuals and to work with government agencies,
organizations and businesses to help insure that those rights are not
infringed upon.
