II 

114TH CONGRESS 

1ST SESSION S. 635 

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 SENATE OF THE UNITED STATES 

MARCH 3, 2015 

Mr. MARKEY introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Drone Aircraft Privacy 

5 and Transparency Act of 2015’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) On February 14, 2012, President Obama 

2 signed the FAA Modernization and Reform Act of 

3 2012 (Public Law 112–95; 49 U.S.C. 40101 note) 

4 into law, and sections 331 through 336 of such Act 

5 require the Federal Aviation Administration to fully 

6 integrate government, commercial, and recreational 

7 unmanned aircraft systems, commonly known as 

8 ‘‘drones’’, into United States airspace by October 

9 2015. 

10 (2) Unmanned aircraft systems have tradition11 ally been used almost exclusively overseas by mili12 tary and security organizations; however, State and 

13 local governments, businesses, and private individ14 uals are increasingly using unmanned aircraft sys15 tems in the United States, including deployments for 

16 law enforcement operations. 

17 (3) As the technology advances and the cost de18 creases—unmanned aircraft systems are already or19 ders of magnitude less expensive to purchase and op20 erate than piloted aircraft—the market for Federal, 

21 State, and local government and commercial un22 manned aircraft systems is rapidly growing. 

23 (4) It has been estimated there could be as 

24 many as 30,000 unmanned aircraft systems in the 

25 sky in the United States by 2020. 


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1 (5) There will no doubt be many beneficial ap2 plications of this technology, for as Secretary of 

3 Transportation Ray LaHood said in a statement on 

4 March 7, 2012, ‘‘Unmanned aircraft can help us 

5 meet a number of challenges, from spotting wildfires 

6 to assessing natural disasters.’’. 

7 (6) However, there also is the potential for un8 manned aircraft system technology to enable 

9 invasive and pervasive surveillance without adequate 

10 privacy protections, and currently, no explicit pri11 vacy protections or public transparency measures 

12 with respect to such system technology are built into 

13 the law. 

14 (7) Federal standards for informing the public 

15 and protecting individual privacy with respect to un16 manned aircraft systems are needed. 

17 SEC. 3. GUIDANCE AND LIMITATIONS REGARDING UN18 MANNED AIRCRAFT SYSTEMS. 

19 (a) IN GENERAL.—Subtitle B of title III of the FAA 

20 Modernization and Reform Act of 2012 (Public Law 112– 

21 95; 49 U.S.C. 40101 note) is amended by adding at the 

22 end the following new sections: 

23 ‘‘SEC. 337. PRIVACY STUDY AND REPORT. 

24 ‘‘(a) STUDY.—The Secretary of Transportation, in 

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1 man of the Federal Trade Commission, and the Chief Pri2 vacy Officer of the Department of Homeland Security, 

3 shall carry out a study that identifies any potential threats 

4 to privacy protections posed by the integration of un5 manned aircraft systems into the national airspace sys6 tem, including any potential violations of the privacy prin7 ciples. 

8 ‘‘(b) REPORT.—Not later than 180 days after the 

9 date of the enactment of this section, the Secretary of 

10 Transportation shall submit a report on the study con11 ducted under subsection (a) to— 

12 ‘‘(1) the Committee on Transportation and In13 frastructure, the Committee on Energy and Com14 merce, and the Committee on Homeland Security of 

15 the House of Representatives; and 

16 ‘‘(2) the Committee on Commerce, Science, and 

17 Transportation, the Committee on Environment and 

18 Public Works, and the Committee on Homeland Se19 curity and Governmental Affairs of the Senate. 

20 ‘‘SEC. 338. RULEMAKING. 

21 ‘‘As part of the rulemaking process required under 

22 section 332(b)(1) and the final rule adopted under such 

23 section, the Secretary of Transportation shall establish 

24 procedures to ensure that the integration of unmanned 


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1 aircraft systems into the national airspace system is done 

2 in compliance with the privacy principles. 

3 ‘‘SEC. 339. DATA COLLECTION STATEMENTS AND DATA 

4 MINIMIZATION STATEMENTS. 

5 ‘‘(a) IN GENERAL.—Beginning on the date of the en6 actment of this section, the Secretary of Transportation 

7 may not approve, issue, or award any certificate, license, 

8 or other grant of authority to operate an unmanned air9 craft system in the national airspace system unless the 

10 application for such certificate, license, or other grant of 

11 authority includes— 

12 ‘‘(1) a data collection statement in accordance 

13 with the requirements of subsection (b) that provides 

14 reasonable assurance that the applicant will operate 

15 the unmanned aircraft system in accordance with 

16 the privacy principles; and 

17 ‘‘(2) in the case of such an unmanned aircraft 

18 system that is to be operated by a law enforcement 

19 agency or a law enforcement agency contractor or 

20 subcontractor, a data minimization statement in ac21 cordance with the requirements of subsection (c) 

22 that provides reasonable assurance that the appli23 cant will operate the unmanned aircraft system in 

24 accordance with the privacy principles. 


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1 ‘‘(b) DATA COLLECTION STATEMENT.—A data col2 lection statement under subsection (a), with respect to an 

3 unmanned aircraft system, shall include information iden4 tifying— 

5 ‘‘(1) the individuals or entities that will have 

6 the power to use the unmanned aircraft system; 

7 ‘‘(2) the specific locations in which the un8 manned aircraft system will operate; 

9 ‘‘(3) the maximum period for which the un10 manned aircraft system will operate in each flight; 

11 ‘‘(4) whether the unmanned aircraft system will 

12 collect information or data about individuals or 

13 groups of individuals, and if so— 

14 ‘‘(A) the circumstances under which the 

15 system will be used; and 

16 ‘‘(B) the specific kinds of information or 

17 data the system will collect about individuals or 

18 groups of individuals and how such information 

19 or data, as well as conclusions drawn from such 

20 information or data, will be used, disclosed, and 

21 otherwise handled, including— 

22 ‘‘(i) how the collection or retention of 

23 such information or data that is unrelated 

24 to the specified use will be minimized; 


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1 ‘‘(ii) whether such information or data 

2 might be sold, leased, or otherwise pro3 vided to third parties, and if so, under 

4 what circumstances it might be so sold or 

5 leased; 

6 ‘‘(iii) the period for which such infor7 mation or data will be retained; and 

8 ‘‘(iv) when and how such information 

9 or data, including information or data no 

10 longer relevant to the specified use, will be 

11 destroyed; 

12 ‘‘(5) the possible impact the operation of the 

13 unmanned aircraft system may have upon the pri14 vacy of individuals; 

15 ‘‘(6) the specific steps that will be taken to 

16 mitigate any possible impact identified under para17 graph (5), including steps to protect against unau18 thorized disclosure of any information or data de19 scribed in paragraph (4), such as the use of 

20 encryption methods and other security features that 

21 will be used; 

22 ‘‘(7) a telephone number or electronic mail ad23 dress that an individual with complaints about the 

24 operation of the unmanned aircraft system may use 

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1 tion that personally identifiable data relating to such 

2 individual has been collected; 

3 ‘‘(8) in a case in which personally identifiable 

4 data relating to an individual has been collected, a 

5 reasonable process for the individual to request to 

6 obtain such data in a timely and an intelligible man7 ner; 

8 ‘‘(9) in a case in which a request described in 

9 paragraph (8) is denied, a process by which the indi10 vidual may obtain the reasons for the denial and 

11 challenge the denial; and 

12 ‘‘(10) in a case in which personally identifiable 

13 data relating to an individual has been collected, a 

14 process by which the individual may challenge the 

15 accuracy of such data and, if the challenge is suc16 cessful, have such data erased or amended. 

17 ‘‘(c) DATA MINIMIZATION STATEMENT.—A data 

18 minimization statement described in this subsection, with 

19 respect to an unmanned aircraft system operated by a law 

20 enforcement agency, contractor, or subcontractor de21 scribed in subsection (a)(2), shall detail the applicable— 

22 ‘‘(1) policies adopted by the agency, contractor, 

23 or subcontractor, as the case may be, that— 

24 ‘‘(A) minimize the collection by the un25 manned aircraft system of information and data 


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1 unrelated to the investigation of a crime under 

2 a warrant; 

3 ‘‘(B) require the destruction of such infor4 mation and data, as well as of information and 

5 data collected by the unmanned aircraft system 

6 that is no longer relevant to the investigation of 

7 a crime under a warrant or to an ongoing 

8 criminal proceeding; and 

9 ‘‘(C) establish procedures for the method 

10 of such destruction; and 

11 ‘‘(2) audit and oversight procedures adopted by 

12 the agency, contractor, or subcontractor, as the case 

13 may be, that will ensure that the agency, contractor, 

14 or subcontractor, as the case may be, uses the un15 manned aircraft system in accordance with the pa16 rameters outlined in the data collection statement 

17 and the statement required by this subsection. 

18 ‘‘SEC. 340. DISCLOSURE OF APPROVED CERTIFICATES, LI19 CENSES, AND OTHER GRANTS OF AUTHORITY. 

20 ‘‘(a) IN GENERAL.—The Administrator of the Fed21 eral Aviation Administration shall make available on the 

22 public Internet website of the Federal Aviation Adminis23 tration in a searchable format— 

24 ‘‘(1) the approved certificate, license, or other 

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1 tem awarded a certificate, license, or other grant of 

2 authority to operate in the national airspace system, 

3 including any such certificate, license, or other grant 

4 of authority awarded prior to the date of the enact5 ment of this section; 

6 ‘‘(2) information detailing where, when, and for 

7 what period each unmanned aircraft system will be 

8 operated; 

9 ‘‘(3) information detailing any data security 

10 breach that occurs with regard to information col11 lected by an unmanned aircraft system; and 

12 ‘‘(4) in the case of a certificate, license, or 

13 other grant of authority awarded on or after the 

14 date of the enactment of this section to operate an 

15 unmanned aircraft system in the national airspace 

16 system, the data collection statement described in 

17 section 339(b) and, if applicable, the data minimiza18 tion statement described in section 339(c) required 

19 with respect to such unmanned aircraft system. 

20 ‘‘(b) DEADLINE.—The Administrator shall complete 

21 the requirements under subsection (a) with regard to each 

22 unmanned aircraft system— 

23 ‘‘(1) in the case of a certificate, license, or 

24 other grant of authority awarded before the date of 


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1 the enactment of this section, not later than 90 days 

2 after such date of enactment; and 

3 ‘‘(2) in the case of a certificate, license, or 

4 other grant of authority awarded on or after the 

5 date of the enactment of this section, as soon as is 

6 practicable after the date of approval of such certifi7 cate, license, or other grant of authority. 

8 ‘‘SEC. 341. WARRANTS REQUIRED FOR GENERALIZED SUR9 VEILLANCE. 

10 ‘‘(a) IN GENERAL.—A governmental entity (as de11 fined in section 2711 of title 18, United States Code) may 

12 not use an unmanned aircraft system or request informa13 tion or data collected by another person using an un14 manned aircraft system for protective activities, or for law 

15 enforcement or intelligence purposes, except pursuant to 

16 a warrant issued using the procedures described in the 

17 Federal Rules of Criminal Procedure (or, in the case of 

18 a State court, issued using State warrant procedures) by 

19 a court of competent jurisdiction, or as permitted under 

20 the Foreign Intelligence Surveillance Act of 1978 (50 

21 U.S.C. 1801 et seq.). 

22 ‘‘(b) EXCEPTION.— 

23 ‘‘(1) IN GENERAL.—Subsection (a) shall not 

24 apply in exigent circumstances (as defined in para25 graph (2)). 


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1 ‘‘(2) EXIGENT CIRCUMSTANCES DEFINED.—Ex2 igent circumstances exist when— 

3 ‘‘(A) a law enforcement entity reasonably 

4 believes there is an imminent danger of death 

5 or serious physical injury; or 

6 ‘‘(B) a law enforcement entity reasonably 

7 believes there is a high risk of an imminent ter8 rorist attack by a specific individual or organi9 zation and the Secretary of Homeland Security 

10 has determined that credible intelligence indi11 cates there is such a risk. 

12 ‘‘(3) REQUIRED DOCUMENTATION.—In the case 

13 of a person operating an unmanned aircraft system 

14 under the exception for exigent circumstances under 

15 paragraph (1), documentation justifying the excep16 tion shall be submitted to the Secretary of Transpor17 tation not later than 7 days after the date of the rel18 evant unmanned aircraft system flight. 

19 ‘‘(4) INFORMATION OR DATA UNRELATED TO

20 EXIGENT CIRCUMSTANCES.—A person operating an 

21 unmanned aircraft system under the exception for 

22 exigent circumstances under paragraph (1) shall 

23 minimize the collection by the unmanned aircraft 

24 system of information and data unrelated to the exi25 gent circumstances. If the unmanned aircraft system 


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1 incidentally collects any such information or data 

2 while being operated under that exception, the per3 son operating the unmanned aircraft system shall 

4 destroy the information and data. 

5 ‘‘(5) PROHIBITION ON INFORMATION SHAR6 ING.—A person may not intentionally divulge infor7 mation collected in accordance with this section with 

8 any other person, except as authorized by law. 

9 ‘‘(6) PROHIBITION ON USE AS EVIDENCE.—If 

10 information has been collected by means of use of an 

11 unmanned aircraft system, no part of the contents 

12 of that information and no evidence derived from 

13 that information may be received in evidence in any 

14 trial, hearing, or other proceeding in or before any 

15 court, grand jury, department, officer, agency, regu16 latory body, legislative committee, or other authority 

17 of the United States, a State, or a political subdivi18 sion thereof unless that information is collected in 

19 accordance with this section.’’. 

20 (b) DEFINITIONS.—Section 331 of the FAA Mod21 ernization and Reform Act of 2012 (Public Law 112–95; 

22 49 U.S.C. 40101 note) is amended— 

23 (1) by redesignating paragraphs (4) through 

24 (9) as paragraphs (7) through (13); 


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1 (2) by redesignating paragraph (3) as para2 graph (4); 

3 (3) by inserting after paragraph (2) the fol4 lowing: 

5 ‘‘(3) LAW ENFORCEMENT.—The term ‘law en6 forcement’ means— 

7 ‘‘(A) any entity of the United States or of 

8 a State, or political subdivision thereof, that is 

9 empowered by law to conduct investigations of 

10 or to make arrests for offenses; and 

11 ‘‘(B) any entity or individual authorized by 

12 law to prosecute or participate in the prosecu13 tion of such offenses.’’; and 

14 (4) by inserting after paragraph (4), as redesig15 nated by paragraph (2), the following: 

16 ‘‘(5) PRIVACY PRINCIPLES.—The term ‘privacy 

17 principles’ means the principles described in Part 

18 Two of the Organization for Economic Co-operation 

19 and Development guidelines titled ‘Annex to the 

20 Recommendation of the Council of 23rd September 

21 1980: Guidelines Governing The Protection Of Pri22 vacy And Transborder Flows Of Personal Data’, 

23 adopted by the Organization for Economic Co-oper24 ation and Development on September 23, 1980. 


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1 ‘‘(6) PRIVACY PROTECTIONS.—The term ‘pri2 vacy protections’ means protections that relate to 

3 the use, collection, and disclosure of information and 

4 data about individuals and groups of individuals.’’. 

5 SEC. 4. ENFORCEMENT. 

6 (a) PROHIBITED CONDUCT.— 

7 (1) IN GENERAL.—It shall be unlawful for a 

8 person to operate an unmanned aircraft system in a 

9 manner that is not in accordance with the terms of 

10 a data collection statement submitted under section 

11 339(a)(1) of the FAA Modernization and Reform 

12 Act of 2012, as added by section 3, or in a manner 

13 that violates any portion of the final rule required 

14 under section 332(b)(1) of such Act insofar as such 

15 portion relates to the procedures described in section 

16 338 of such Act. 

17 (2) REGULATIONS.—The Commission may pro18 mulgate regulations in accordance with section 553 

19 of title 5, United States Code, to carry out para20 graph (1) with respect to persons, partnerships, and 

21 corporations described in subsection (b)(3). 

22 (b) ENFORCEMENT BY FEDERAL TRADE COMMIS23 SION.— 

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1 tions promulgated under such subsection shall be 

2 treated as a violation of a regulation under section 

3 18(a)(1)(B) of the Federal Trade Commission Act 

4 (15 U.S.C. 57a(a)(1)(B)) regarding unfair or decep5 tive acts or practices. 

6 (2) POWERS OF COMMISSION.—The Commis7 sion shall enforce subsection (a) and the regulations 

8 promulgated under such subsection in the same 

9 manner, by the same means, and with the same 

10 powers and duties as though all applicable terms 

11 and provisions of the Federal Trade Commission Act 

12 (15 U.S.C. 41 et seq.) were incorporated into and 

13 made a part of this Act, and any violator shall be 

14 subject to the penalties and entitled to the privileges 

15 and immunities provided in the Federal Trade Com16 mission Act. 

17 (3) APPLICABILITY.—Paragraphs (1) and (2) 

18 shall apply— 

19 (A) with respect to persons, partnerships, 

20 and corporations over which the Commission 

21 has jurisdiction under section 5(a)(2) of the 

22 Federal Trade Commission Act (15 U.S.C. 

23 45(a)(2)) (except to the extent such person, 

24 partnership, or corporation is a law enforce25 ment contractor or subcontractor); and 


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1 (B) notwithstanding such section, with re2 spect to air carriers and foreign air carriers. 

3 (c) ACTIONS BY STATES.— 

4 (1) CIVIL ACTIONS.—In any case in which the 

5 attorney general of a State, or an official or agency 

6 of a State, has reason to believe that an interest of 

7 the residents of that State has been or is threatened 

8 or adversely affected by an act or practice in viola9 tion of subsection (a) or a regulation promulgated 

10 under such subsection, or by the operation of an un11 manned aircraft system in violation of the terms of 

12 a data minimization statement submitted under sec13 tion 339(a)(2) of the FAA Modernization and Re14 form Act of 2012, as added by section 3, the State 

15 may bring a civil action on behalf of the residents 

16 of the State in an appropriate State court or an ap17 propriate district court of the United States to— 

18 (A) enjoin the violation; 

19 (B) enforce compliance with such sub20 section, regulation, or statement; 

21 (C) obtain damages, restitution, or other 

22 compensation on behalf of residents of the 

23 State; or 


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1 (D) obtain such other legal and equitable 

2 relief as the court may consider to be appro3 priate. 

4 (2) NOTICE.—Before filing an action under this 

5 subsection against a person, partnership, or corpora6 tion over which the Commission has jurisdiction 

7 under section 5(a)(2) of the Federal Trade Commis8 sion Act (15 U.S.C. 45(a)(2)) (except to the extent 

9 such person, partnership, or corporation is a law en10 forcement contractor or subcontractor) or an air car11 rier or foreign air carrier, the attorney general, offi12 cial, or agency of the State involved shall provide to 

13 the Commission a written notice of that action and 

14 a copy of the complaint for that action. If the attor15 ney general, official, or agency determines that it is 

16 not feasible to provide the notice described in this 

17 paragraph before the filing of the action, the attor18 ney general, official, or agency shall provide written 

19 notice of the action and a copy of the complaint to 

20 the Commission immediately upon the filing of the 

21 action. 

22 (3) AUTHORITY OF THE COMMISSION.— 

23 (A) IN GENERAL.—On receiving notice 

24 under paragraph (2) of an action under this 


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1 subsection, the Commission shall have the 

2 right— 

3 (i) to intervene in the action; 

4 (ii) upon so intervening, to be heard 

5 on all matters arising therein; and 

6 (iii) to file petitions for appeal. 

7 (B) LIMITATION ON STATE ACTION WHILE

8 FEDERAL ACTION IS PENDING.—If the Commis9 sion or the Attorney General of the United 

10 States has instituted a civil action for violation 

11 of subsection (a) or a regulation promulgated 

12 under such subsection (referred to in this sub13 paragraph as the ‘‘Federal action’’), no State 

14 attorney general, official, or agency may bring 

15 an action under this subsection during the 

16 pendency of the Federal action against any de17 fendant named in the complaint in the Federal 

18 action for any violation as alleged in that com19 plaint. 

20 (4) RULE OF CONSTRUCTION.—For purposes of 

21 bringing a civil action under this subsection, nothing 

22 in this Act or any amendment made by this Act 

23 shall be construed to prevent an attorney general, 

24 official, or agency of a State from exercising the 

25 powers conferred on the attorney general, official, or 


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1 agency by the laws of that State to conduct inves2 tigations, administer oaths and affirmations, or com3 pel the attendance of witnesses or the production of 

4 documentary and other evidence. 

5 (d) PRIVATE RIGHT OF ACTION.— 

6 (1) IN GENERAL.—A person injured by an act 

7 in violation of subsection (a) or the regulations pro8 mulgated under such subsection, or by the operation 

9 of an unmanned aircraft system in violation of the 

10 terms of a data minimization statement submitted 

11 under section 339(a)(2) of the FAA Modernization 

12 and Reform Act of 2012, as added by section 3, may 

13 bring in an appropriate State court or an appro14 priate district court of the United States— 

15 (A) an action to enjoin such violation; 

16 (B) an action to recover damages for ac17 tual monetary loss from such violation, or to re18 ceive up to $1,000 in damages for each such 

19 violation, whichever is greater; or 

20 (C) both such actions. 

21 (2) INTENTIONAL VIOLATIONS.—If the defend22 ant committed a violation described in paragraph 

23 (1), and intended to do so, the court may increase 

24 the amount of the award to an amount equal to not 


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1 more than 3 times the amount available under para2 graph (1)(B). 

3 (3) COSTS.—The court shall award to a pre4 vailing plaintiff in an action under this subsection 

5 the costs of such action and reasonable attorney’s 

6 fees, as determined by the court. 

7 (4) LIMITATION.—An action may be com8 menced under this subsection not later than 2 years 

9 after the date on which the person first discovered 

10 or had a reasonable opportunity to discover the vio11 lation. 

12 (5) NONEXCLUSIVE REMEDY.—The remedy pro13 vided by this subsection shall be in addition to any 

14 other remedies available to the person. 

15 (e) SUITS AGAINST GOVERNMENTAL ENTITIES.— 

16 Notwithstanding the Federal Trade Commission Act (15 

17 U.S.C. 41 et seq.), a suit under subsection (c) or (d) may 

18 be maintained against a governmental entity. 

19 (f) LICENSE REVOCATION.—The Federal Aviation 

20 Administration shall revoke the certificate, license, or 

21 other grant of authority to operate an unmanned aircraft 

22 system if such system is operated in a manner that— 

23 (1) is not in accordance with the terms of— 

24 (A) a data collection statement submitted 

25 under subsection (a)(1) of section 339 of the 


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1 FAA Modernization and Reform Act of 2012, 

2 as added by section 3; or 

3 (B) a data minimization statement sub4 mitted under subsection (a)(2) of such section; 

5 or 

6 (2) violates any portion of the final rule re7 quired under section 332(b)(1) of such Act insofar 

8 as such portion relates to the procedures described 

9 in section 338 of such Act, as added by section 3. 

10 (g) VIOLATIONS.—Each day on which each un11 manned aircraft system is operated in violation of sub12 section (a), or the regulations promulgated under such 

13 subsection, or the terms of a data minimization statement 

14 submitted under section 339(a)(2) of the FAA Moderniza15 tion and Reform Act of 2012, as added by section 3, shall 

16 be treated as a separate violation. 

17 (h) DEFINITIONS.—In this section: 

18 (1) AIR CARRIER; FOREIGN AIR CARRIER.—The 

19 terms ‘‘air carrier’’ and ‘‘foreign air carrier’’ have 

20 the meanings given those terms in section 40102 of 

21 title 49, United States Code. 

22 (2) COMMISSION.—The term ‘‘Commission’’ 

23 means the Federal Trade Commission. 

24 (3) LAW ENFORCEMENT.—The term ‘‘law en25 forcement’’ has the meaning given such term in secVerDate Sep 11 2014 23:20 Mar 10, 2015 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S635.IS S635

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1 tion 331 of the FAA Modernization and Reform Act 

2 of 2012, as amended by section 3. 

3 (4) STATE.—The term ‘‘State’’ means each of 

4 the several States, the District of Columbia, each 

5 commonwealth, territory, or possession of the United 

6 States, and each federally recognized Indian tribe. 

7 (5) UNMANNED AIRCRAFT SYSTEM.—The term 

8 ‘‘unmanned aircraft system’’ has the meaning given 

9 such term in section 331 of the FAA Modernization 

10 and Reform Act of 2012 (49 U.S.C. 40101 note). 

11 SEC. 5. MODEL AIRCRAFT PROVISION. 

12 Nothing in this Act may be construed to apply to 

13 model aircraft (as defined in section 336(c) of the FAA 

14 Modernization and Reform Act of 2012 (Public Law 112– 

15 95; 49 U.S.C. 40101 note)). 

Æ 


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