80 FR 9355 - Promoting Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft Systems

Executive Office of the President

Federal Register Volume 80, Issue 34 (February 20, 2015)

[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Presidential Documents]
[Pages 9355-9358]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03727]




                        Presidential Documents 



Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / 
Presidential Documents

[[Page 9355]]


                Memorandum of February 15, 2015

                
 Promoting Economic Competitiveness While 
                Safeguarding Privacy, Civil Rights, and Civil Liberties 
                in Domestic Use of Unmanned Aircraft Systems

                Memorandum for the Heads of Executive Departments and 
                Agencies

                Unmanned Aircraft Systems (UAS) technology continues to 
                improve rapidly, and increasingly UAS are able to 
                perform a variety of missions with greater operational 
                flexibility and at a lower cost than comparable manned 
                aircraft. A wide spectrum of domestic users--including 
                industry, private citizens, and Federal, State, local, 
                tribal, and territorial governments--are using or 
                expect to use these systems, which may play a 
                transformative role in fields as diverse as urban 
                infrastructure management, farming, public safety, 
                coastal security, military training, search and rescue, 
                and disaster response.

                The Congress recognized the potential wide-ranging 
                benefits of UAS operations within the United States in 
                the FAA Modernization and Reform Act of 2012 (Public 
                Law 112-95), which requires a plan to safely integrate 
                civil UAS into the National Airspace System (NAS) by 
                September 30, 2015. As compared to manned aircraft, UAS 
                may provide lower-cost operation and augment existing 
                capabilities while reducing risks to human life. 
                Estimates suggest the positive economic impact to U.S. 
                industry of the integration of UAS into the NAS could 
                be substantial and likely will grow for the foreseeable 
                future.

                As UAS are integrated into the NAS, the Federal 
                Government will take steps to ensure that the 
                integration takes into account not only our economic 
                competitiveness and public safety, but also the 
                privacy, civil rights, and civil liberties concerns 
                these systems may raise.

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and in order to establish transparent 
                principles that govern the Federal Government's use of 
                UAS in the NAS, and to promote the responsible use of 
                this technology in the private and commercial sectors, 
                it is hereby ordered as follows:

                Section 1. UAS Policies and Procedures for Federal 
                Government Use. The Federal Government currently 
                operates UAS in the United States for several purposes, 
                including to manage Federal lands, monitor wildfires, 
                conduct scientific research, monitor our borders, 
                support law enforcement, and effectively train our 
                military. As with information collected by the Federal 
                Government using any technology, where UAS is the 
                platform for collection, information must be collected, 
                used, retained, and disseminated consistent with the 
                Constitution, Federal law, and other applicable 
                regulations and policies. Agencies must, for example, 
                comply with the Privacy Act of 1974 (5 U.S.C. 552a) 
                (the ``Privacy Act''), which, among other things, 
                restricts the collection and dissemination of 
                individuals' information that is maintained in systems 
                of records, including personally identifiable 
                information (PII), and permits individuals to seek 
                access to and amendment of records.

                    (a) Privacy Protections. Particularly in light of 
                the diverse potential uses of UAS in the NAS, expected 
                advancements in UAS technologies, and the anticipated 
                increase in UAS use in the future, the Federal 
                Government shall take steps to ensure that privacy 
                protections and policies relative to UAS continue to 
                keep pace with these developments. Accordingly, 
                agencies shall, prior to deployment of new UAS 
                technology and at least every

[[Page 9356]]

                3 years, examine their existing UAS policies and 
                procedures relating to the collection, use, retention, 
                and dissemination of information obtained by UAS, to 
                ensure that privacy, civil rights, and civil liberties 
                are protected. Agencies shall update their policies and 
                procedures, or issue new policies and procedures, as 
                necessary. In addition to requiring compliance with the 
                Privacy Act in applicable circumstances, agencies that 
                collect information through UAS in the NAS shall ensure 
                that their policies and procedures with respect to such 
                information incorporate the following requirements:

(i) Collection and Use. Agencies shall only collect information using UAS, 
or use UAS-collected information, to the extent that such collection or use 
is consistent with and relevant to an authorized purpose.

(ii) Retention. Information collected using UAS that may contain PII shall 
not be retained for more than 180 days unless retention of the information 
is determined to be necessary to an authorized mission of the retaining 
agency, is maintained in a system of records covered by the Privacy Act, or 
is required to be retained for a longer period by any other applicable law 
or regulation.

(iii) Dissemination. UAS-collected information that is not maintained in a 
system of records covered by the Privacy Act shall not be disseminated 
outside of the agency unless dissemination is required by law, or fulfills 
an authorized purpose and complies with agency requirements.

                    (b) Civil Rights and Civil Liberties Protections. 
                To protect civil rights and civil liberties, agencies 
                shall:

(i) ensure that policies are in place to prohibit the collection, use, 
retention, or dissemination of data in any manner that would violate the 
First Amendment or in any manner that would discriminate against persons 
based upon their ethnicity, race, gender, national origin, religion, sexual 
orientation, or gender identity, in violation of law;

(ii) ensure that UAS activities are performed in a manner consistent with 
the Constitution and applicable laws, Executive Orders, and other 
Presidential directives; and

(iii) ensure that adequate procedures are in place to receive, investigate, 
and address, as appropriate, privacy, civil rights, and civil liberties 
complaints.

                    (c) Accountability. To provide for effective 
                oversight, agencies shall:

(i) ensure that oversight procedures for agencies' UAS use, including 
audits or assessments, comply with existing agency policies and 
regulations;

(ii) verify the existence of rules of conduct and training for Federal 
Government personnel and contractors who work on UAS programs, and 
procedures for reporting suspected cases of misuse or abuse of UAS 
technologies;

(iii) establish policies and procedures, or confirm that policies and 
procedures are in place, that provide meaningful oversight of individuals 
who have access to sensitive information (including any PII) collected 
using UAS;

(iv) ensure that any data-sharing agreements or policies, data use 
policies, and record management policies applicable to UAS conform to 
applicable laws, regulations, and policies;

(v) establish policies and procedures, or confirm that policies and 
procedures are in place, to authorize the use of UAS in response to a 
request for UAS assistance in support of Federal, State, local, tribal, or 
territorial government operations; and

(vi) require that State, local, tribal, and territorial government 
recipients of Federal grant funding for the purchase or use of UAS for 
their own operations have in place policies and procedures to safeguard 
individuals' privacy, civil rights, and civil liberties prior to expending 
such funds.

                    (d) Transparency. To promote transparency about 
                their UAS activities within the NAS, agencies that use 
                UAS shall, while not revealing information

[[Page 9357]]

                that could reasonably be expected to compromise law 
                enforcement or national security:

(i) provide notice to the public regarding where the agency's UAS are 
authorized to operate in the NAS;

(ii) keep the public informed about the agency's UAS program as well as 
changes that would significantly affect privacy, civil rights, or civil 
liberties; and

(iii) make available to the public, on an annual basis, a general summary 
of the agency's UAS operations during the previous fiscal year, to include 
a brief description of types or categories of missions flown, and the 
number of times the agency provided assistance to other agencies, or to 
State, local, tribal, or territorial governments.

                    (e) Reports. Within 180 days of the date of this 
                memorandum, agencies shall provide the President with a 
                status report on the implementation of this section. 
                Within 1 year of the date of this memorandum, agencies 
                shall publish information on how to access their 
                publicly available policies and procedures implementing 
                this section.

                Sec. 2. Multi-stakeholder Engagement Process. In 
                addition to the Federal uses of UAS described in 
                section 1 of this memorandum, the combination of 
                greater operational flexibility, lower capital 
                requirements, and lower operating costs could allow UAS 
                to be a transformative technology in the commercial and 
                private sectors for fields as diverse as urban 
                infrastructure management, farming, and disaster 
                response. Although these opportunities will enhance 
                American economic competitiveness, our Nation must be 
                mindful of the potential implications for privacy, 
                civil rights, and civil liberties. The Federal 
                Government is committed to promoting the responsible 
                use of this technology in a way that does not diminish 
                rights and freedoms.

                    (a) There is hereby established a multi-stakeholder 
                engagement process to develop and communicate best 
                practices for privacy, accountability, and transparency 
                issues regarding commercial and private UAS use in the 
                NAS. The process will include stakeholders from the 
                private sector.
                    (b) Within 90 days of the date of this memorandum, 
                the Department of Commerce, through the National 
                Telecommunications and Information Administration, and 
                in consultation with other interested agencies, will 
                initiate this multi-stakeholder engagement process to 
                develop a framework regarding privacy, accountability, 
                and transparency for commercial and private UAS use. 
                For this process, commercial and private use includes 
                the use of UAS for commercial purposes as civil 
                aircraft, even if the use would qualify a UAS as a 
                public aircraft under 49 U.S.C. 40102(a)(41) and 40125. 
                The process shall not focus on law enforcement or other 
                noncommercial governmental use.

                Sec. 3. Definitions. As used in this memorandum:

                    (a) ``Agencies'' means executive departments and 
                agencies of the Federal Government that conduct UAS 
                operations in the NAS.
                    (b) ``Federal Government use'' means operations in 
                which agencies operate UAS in the NAS. Federal 
                Government use includes agency UAS operations on behalf 
                of another agency or on behalf of a State, local, 
                tribal, or territorial government, or when a 
                nongovernmental entity operates UAS on behalf of an 
                agency.
                    (c) ``National Airspace System'' means the common 
                network of U.S. airspace; air navigation facilities, 
                equipment, and services; airports or landing areas; 
                aeronautical charts, information, and services; related 
                rules, regulations, and procedures; technical 
                information; and manpower and material. Included in 
                this definition are system components shared jointly by 
                the Departments of Defense, Transportation, and 
                Homeland Security.
                    (d) ``Unmanned Aircraft System'' means an unmanned 
                aircraft (an aircraft that is operated without direct 
                human intervention from within or on the aircraft) and 
                associated elements (including communication links and 
                components that control the unmanned aircraft) that are 
                required for the pilot

[[Page 9358]]

                or system operator in command to operate safely and 
                efficiently in the NAS.
                    (e) ``Personally identifiable information'' refers 
                to information that can be used to distinguish or trace 
                an individual's identity, either alone or when combined 
                with other personal or identifying information that is 
                linked or linkable to a specific individual, as set 
                forth in Office of Management and Budget Memorandum M-
                07-16 (May 22, 2007) and Office of Management and 
                Budget Memorandum M-10-23 (June 25, 2010).

                Sec. 4. General Provisions. (a) This memorandum 
                complements and is not intended to supersede existing 
                laws and policies for UAS operations in the NAS, 
                including the National Strategy for Aviation Security 
                and its supporting plans, the FAA Modernization and 
                Reform Act of 2012, the Federal Aviation 
                Administration's (FAA's) Integration of Civil UAS in 
                the NAS Roadmap, and the FAA's UAS Comprehensive Plan.

                    (b) This memorandum shall be implemented consistent 
                with applicable law, and subject to the availability of 
                appropriations.
                    (c) Nothing in this memorandum shall be construed 
                to impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the 
head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (d) Independent agencies are strongly encouraged to 
                comply with this memorandum.
                    (e) This memorandum is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.
                    (f) The Secretary of Commerce is hereby authorized 
                and directed to publish this memorandum in the Federal 
                Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                     Washington, February 15, 2015

[FR Doc. 2015-03727
Filed 2-19-15; 2:00 pm]
Billing code 3295-F5