[House Hearing, 113 Congress] [From the U.S. Government Publishing Office] OPERATING UNMANNED AIRCRAFT SYSTEMS IN THE NATIONAL AIRSPACE SYSTEM: ASSESSING RESEARCH AND DEVELOPMENT EFFORTS TO ENSURE SAFETY ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION __________ FRIDAY, FEBRUARY 15, 2013 __________ Serial No. 113-5 __________ Printed for the use of the Committee on Science, Space, and Technology Available via the World Wide Web: http://science.house.gov ---------- U.S. GOVERNMENT PRINTING OFFICE 78-819 PDF WASHINGTON : 2013 COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY HON. LAMAR S. SMITH, Texas, Chair DANA ROHRABACHER, California EDDIE BERNICE JOHNSON, Texas RALPH M. HALL, Texas ZOE LOFGREN, California F. JAMES SENSENBRENNER, JR., DANIEL LIPINSKI, Illinois Wisconsin DONNA F. EDWARDS, Maryland FRANK D. LUCAS, Oklahoma FREDERICA S. WILSON, Florida RANDY NEUGEBAUER, Texas SUZANNE BONAMICI, Oregon MICHAEL T. McCAUL, Texas ERIC SWALWELL, California PAUL C. BROUN, Georgia DAN MAFFEI, New York STEVEN M. PALAZZO, Mississippi ALAN GRAYSON, Florida MO BROOKS, Alabama JOSEPH KENNEDY III, Massachusetts ANDY HARRIS, Maryland SCOTT PETERS, California RANDY HULTGREN, Illinois DEREK KILMER, Washington LARRY BUCSHON, Indiana AMI BERA, California STEVE STOCKMAN, Texas ELIZABETH ESTY, Connecticut BILL POSEY, Florida MARC VEASEY, Texas CYNTHIA LUMMIS, Wyoming JULIA BROWNLEY, California DAVID SCHWEIKERT, Arizona MARK TAKANO, California THOMAS MASSIE, Kentucky VACANCY KEVIN CRAMER, North Dakota JIM BRIDENSTINE, Oklahoma RANDY WEBER, Texas CHRIS STEWART, Utah ------ Subcommittee on Oversight HON. PAUL C. BROUN, Georgia, Chair F. JAMES SENSENBRENNER, JR., DAN MAFFEI, New York Wisconsin ERIC SWALWELL, California BILL POSEY, Florida SCOTT PETERS, California DAVID SCHWEIKERT, Arizona EDDIE BERNICE JOHNSON, Texas KEVIN CRAMER, North Dakota LAMAR S. SMITH, Texas C O N T E N T S Friday, February 15, 2013 Page Witness List..................................................... 2 Hearing Charter.................................................. 3 Opening Statements Statement by Representative Paul C. Broun, Chairman, Subcommittee on Oversight, Committee on Science, Space, and Technology, U.S. House of Representatives....................................... 8 Written Statement............................................ 9 Statement by Representative Dan Maffei, Ranking Minority Member, Subcommittee on Oversight, Committee on Science, Space, and Technology, U.S. House of Representatives...................... 10 Written Statement............................................ 13 Witnesses: Dr. Karlin Toner, Director, Joint Planning and Development Office, Federal Aviation Administration (FAA) Oral Statement............................................... 15 Written Statement............................................ 17 Dr. Edgar Waggoner, Director, Integrated Systems Research Program Office, National Aeronautics and Space Administration (NASA) Oral Statement............................................... 23 Written Statement............................................ 25 Dr. Gerald Dillingham, Director, Civil Aviation Issues, Government Accountability Office (GAO) Oral Statement............................................... 37 Written Statement............................................ 39 Discussion....................................................... 61 Appendix I: Answers to Post-Hearing Questions Dr. Karlin Toner, Director, Joint Planning and Development Office, Federal Aviation Administration (FAA).................. 70 Dr. Edgar Waggoner, Director, Integrated Systems Research Program Office, National Aeronautics and Space Administration (NASA)... 75 Dr. Gerald Dillingham, Director, Civil Aviation Issues, Government Accountability Office (GAO)......................... 80 Appendix II: Additional Material for the Record Requested material for the record submitted Dr. Edgar Waggoner... 88 OPERATING UNMANNED AIRCRAFT SYSTEMS IN THE NATIONAL AIRSPACE SYSTEM: ASSESSING RESEARCH AND DEVELOPMENT EFFORTS TO ENSURE SAFETY ---------- FRIDAY, FEBRUARY 15, 2013 House of Representatives, Subcommittee on Oversight Committee on Science, Space, and Technology, Washington, D.C. The Subcommittee met, pursuant to call, at 10:01 a.m., in Room 2318 of the Rayburn House Office Building, Hon. Paul Broun [Chairman of the Subcommittee] presiding. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman Broun. The Subcommittee on Oversight will come to order. In front of you are packets containing the written testimony, biographies, and Truth in Testimony disclosures of today's witness panel. I will recognize myself for five minutes for an opening statement. Good morning, and welcome. This hearing, titled ``Operating Unmanned Aircraft Systems in the National Airspace System: Assessing Research and Development Efforts to Ensure Safety,'' is the first hearing for the 113th Congress's Subcommittee on Oversight. During our break, our name changed but our general and special investigatory authority to review and study, on a continuing basis, all laws, programs and Government activities dealing with or involving non-military research and development remains the same. I would like to extend a warm welcome to our witnesses today. We really appreciate you guys being here. I also want to welcome our returning Members and our new Members, including the Subcommittee's Ranking Member, the distinguished gentleman from New York, Mr. Maffei. I look forward to working with you all, and Mr. Maffei, I look forward to working with you as my Ranking Member on this Committee. Today's hearing focuses on integrating unmanned aircraft systems, or UAS, into the national airspace. As a pilot, I am extremely interested in this issue. Specifically, we hope to gain a better understanding of the safety risks, current technological obstacles and key research and development efforts being undertaken to overcome those obstacles. UAS has garnered a great deal of attention lately. In fact, if you watched the news this morning, there was a lot of news about this issue. In January, PBS's NOVA aired a documentary entitled, ``Rise of the Drones.'' Last week's Time magazine cover carried the same title, and of course the Administration's use of drones for targeting terrorists to confront our war on terrorism has come to be a central issue in the confirmation hearing of the proposed CIA Director, the nominee John Brennan. However, privacy issues and military applications of UAS are beyond the scope of this hearing. I use the term ``unmanned aircraft systems'' or UAS, instead of UAV or drone, because it is a more complete and accurate term. As the name suggests, UAS are complex systems made up of not only aircraft but as well as supporting ground, air and communications infrastructure. UAS comes in a variety of shapes and sizes and can carry out a wide range of missions. Aviation has come a long way in a relatively short time thanks to American innovation and ingenuity. The list of American pioneers of aviation and aerospace is very long. You may not know the details of their achievements, but I am sure you will recognize names such as Clyde Cessna, James McDonnell and Donald Douglas, Howard Hughes, William Boeing, Charles Lindberg, Kelly Johnson, just to name a few. Unmanned aircraft are the next step in the evolution of modern aviation which all began with two American brothers at Kitty Hawk in 1903. Just as UAS has sparked a revolution in military affairs, they will also very likely transform civilian and commercial sectors. The Teal Group, an aerospace and defense industry market intelligence firm, predicts America will spend over $49 billion on UAS just over the next decade. In 2010, the Association for Unmanned Vehicle Systems International estimated that over the next 15 years, more than 23,000 UAS jobs, totaling $1.6 billion in wages, could very well be created. This does not include the tens of thousands of secondary jobs in sensor manufacturing, software development and other complementary industries. That said, the addition of thousands or tens of thousands of additional aircraft into the national airspace certainly poses safety concerns for all us. There is no guarantee that accidents will not occur, but we need to take every precaution to reduce the risks involved in the UAS integration. Last year, Congress directed that federal agencies, including the FAA and NASA, collaborate in accelerating the integration of UAS into the national airspace. The FAA Modernization and Reform Act of 2012 contains provisions designed to promote and facilitate the use of civilian unmanned aircraft. We on this Subcommittee know you have been working hard and have made progress toward meeting the prescribed objectives, but we also know there are many unresolved issues, both technologically and regulatorily. Again, our goal here today is to better understand the research that is underway to overcome these technological issues and mitigate the risks involved with UAS integration into the national airspace system. We are particularly interested in hearing about any advances toward eliminating vulnerabilities in command and control communications, new sense and avoid capabilities, and agreements on technological standards. The Washington Post recently reported that at least nine American UAS crashes occurred near civilian airports overseas as a result of pilot error, mechanical failure, software bugs, or poor coordination with air traffic controllers. In August of 2010, the New York Times reported that a Navy UAS violated airspace over Washington, D.C., when the operators lost contact due to a software issue. While this may be more acceptable in remote areas overseas, we need to do much better here in our own skies. The threat of command and control link jamming, GPS navigation signal spoofing, and system hacking is a real concern that has to be addressed before any UAS integration into the national airspace. Overcoming these challenges will require significant research and development investments by both the public and private sector. Given our Nation's current financial state, this demands more efficient coordination between all stakeholders. [The prepared statement of Mr. Broun follows:] Prepared Statement of Chairman Paul C. Broun Good morning and welcome. This hearing, titled ``Operating Unmanned Aircraft Systems in the National Airspace System: Assessing Research and Development Efforts to Ensure Safety,'' is the first for the 113th Congress's Subcommittee on Oversight. During the break, our name changed but our general and special investigatory authority to review and study, on a continuing basis, all laws, programs, and Government activities dealing with or involving non-military research and development remains the same. I would like to extend a warm welcome to our witnesses. I also want to welcome our returning members and our new Members, including the Subcommittee's Ranking Member, the distinguished gentleman from New York Mr. Maffei. I look forward to working with you all. Today's hearing focuses on integrating unmanned aircraft systems, or UAS, into the national airspace. Specifically, we hope to gain a better understanding of the safety risks, current technological obstacles and key research and development efforts being undertaken to overcome those obstacles. UAS have garnered a great deal of attention lately. In January, PBS's NOVA aired a documentary titled ``Rise of the Drones,'' last week's TIME Magazine cover carried the same title, and of course the Administration's use of drones for targeting terrorists was central to the confirmation hearing of CIA Director nominee John Brennan. However, privacy issues and military applications of UAS are beyond the scope of this hearing. I use the term unmanned aircraft systems or UAS, instead of UAV or drone, because it is a more complete and accurate term. As the name suggests, UAS are complex systems made up of the aircraft as well as supporting ground, air, and communications infrastructure. UAS come in a variety of shapes and sizes and can carry out a wide range of missions. Aviation has come a long way in a relatively short time thanks to American innovation and ingenuity. The list of American pioneers of aviation and aerospace is long. You may not know the details of their achievements, but I am sure you'll recognize their names: Clyde Cessna, James McDonnell and Donald Douglas, Howard Hughes, William Boeing, Charles Lindberg, Kelly Johnson, just to name a few. Unmanned aircraft are the next step in the evolution of modern aviation which all began with two American brothers in 1903. Just as UAS have sparked a revolution in military affairs, they will likely also transform civilian and commercial sectors. The Teal Group, an aerospace and defense industry market intelligence firm, predicts America will spend over $49 billion on UAS in the next decade. In 2010 the Association for Unmanned Vehicle Systems International estimated that over the next 15 years more than 23,000 UAS jobs, totaling $1.6 billion in wages, could be created. This does not include the tens of thousands of secondary jobs in sensor manufacturing, software development and other complementary industries. That said, the addition of thousands or tens of thousands of additional aircraft into the national airspace poses safety concerns. There is no guarantee that accidents will not occur, but we need to take every precaution to reduce the risks involved with UAS integration. Last year, Congress directed that federal agencies, including the FAA and NASA, collaborate in accelerating the integration of UAS into the national airspace. The FAA Modernization and Reform Act of 2012 contains provisions designed to promote and facilitate the use of civilian unmanned aircraft. We on this Subcommittee know you have been working hard and have made progress toward meeting the prescribed objectives, but we also know there are many unresolved issues, both technological and regulatory. Again, our goal here today is to better understand the research underway to overcome these technological issues and mitigate the risks involved with UAS integration into the national airspace system. We are particularly interested in hearing about any advances toward eliminating vulnerabilities in command and control communications, new ``sense and avoid'' capabilities and agreements on technological standards. The Washington Post recently reported that at least nine American UAS crashes occurred near civilian airports overseas as a result of pilot error, mechanical failure, software bugs, or poor coordination with air traffic controllers. In August of 2010, the New York Times reported that a Navy UAS violated airspace over Washington, DC when operators lost contact due to a ``software issue.'' While this may be more acceptable in remote areas overseas, we need to do much better here in our own skies. The threat of command and control link jamming, GPS navigation signal spoofing, and system hacking is a real concern that will have to be addressed before any UAS integration into the NAS. Overcoming these challenges will require significant R&D investments by both the public and private sector. Given our nation's current financial state, this demands more efficient coordination between all stakeholders. Chairman Broun. I now recognize the Ranking Member, the gentleman from New York, Mr. Maffei, for an opening statement. You are recognized, sir, for five minutes. Mr. Maffei. Thank you very much, Mr. Chairman. I am excited about the opportunity to work with you on this important Subcommittee. I particularly want to compliment you for your leadership in calling this hearing today. It hopefully won't surprise you that on this issue I will be echoing a lot of your same comments, and I thought your opening statement very articulate. Addressing the research and development efforts regarding the integration of unmanned aircraft systems, or UAS, into the national airspace is serious issue and presents daunting technical challenges, possible economic opportunities, as the chairman mentioned, but also potential threats to our civil liberties and safety. I know firsthand what a complicated issue it is and the challenges it presents. An unmanned aerial vehicle unit operates out of my district at Hancock Field Air National Guard base on the military side. Now, while these are commonly referred to as drones, the future of unmanned vehicles goes far beyond what that word implies. There is a real human element to unmanned flight of this kind just as there is an increasing robotic element to manned flight. There are tremendous potential technical risks and public concerns associated with integrating UAS into the national airspace, and my constituents express those concerns on a daily basis. These aircraft represent an emerging technology with broad possible uses among many industries and government agencies. They could potentially provide benefits to many industries from our farmers to firefighters, search and rescue, researchers, meteorologists and scientists. However, regardless of their specific use, we need to ensure that unmanned aerial systems operate in our national airspace safely and securely. But first they must overcome the technical challenges that exist, and indeed, there are many. A 2012 GAO report detailed several critical areas which must be addressed before UASs can fly safely in our skies. Chief among them is the stark reality that the technology to provide unmanned aircraft the ability to ``sense and avoid'' other aircraft and airborne objects does not currently exist, and this is a serious concern. Other technical challenges range from lost-link scenarios where communication between the pilot and UAS is severed as a result of environmental or technical causes or even by human actors whether they are inadvertent or intentional. Acquiring dedicated radio frequency spectrum in order to secure the continuous communication for UAS operations, particularly as the spectrum needs of the onboard sensors expand, is another challenge, and I look forward to our witnesses addressing some of these challenges in depth today. There is a real and critical human element of unmanned flight of any kind. Highly skilled pilots who once sat in the cockpits now sit in ground stations detached from the sensation of flight and the G forces while remaining integrally connected to the outcome of the mission. We need to ensure that these human elements from proper training and medical certifications are appropriately incorporated into UAS integration as well. A year ago, the FAA Modernization and Reform Act of 2012 was signed into law. It required the FAA to establish an integration plan permitting unmanned aerial systems to operate in the United States by September of 2015. I look forward to hearing from the FAA today on their progress in the last year as well as a realistic report on what challenges remain and where the FA stands in meeting these deadlines. Now, 20 years ago, cell phone technology was in its infancy, and within ten years these devices have transformed from simple mobile phones to the pocket accessories used to help small businesses and owners expand. While security and safety concerns about the use and growth of these devices--they almost all have cameras on them now--have existed since the beginning, their proliferation and technical advancements have not slowed. Today, there are more than 315 million cell phones in the United States alone and most of these devices not only carry those cameras but also GPS, or global positioning satellite capabilities as well. And while these technical advancements have not been hindered or restricted, there are reasonable and legitimate limits on the use of cell phones in hospitals, secure facilities, on airplanes and while driving your car. So this should be an analogy to us. Despite all the recognized challenges with UAS, whether we like it or not, for better or for worse, this technology is here and it is not going away. Both the public sector and commercial sector remains interested in this technology and that interest continues to evolve and expand. As a result, we must develop the necessary framework to handle UAS emergence safely and securely. We must also ensure the protection of individual rights and personal privacy in the air and on the ground. Like any new technology, it is impossible to predict the ultimate path UASs will take. In tackling the tremendous task of ensuring the safe and secure operation and integration of UAS into the domestic airspace, we are once again presented with the challenge of balancing all these important issues. There are private sector issues which might help grow the economy. The government's interest is to provide domestic security, and we as representatives are charged with safeguarding the public's interest and protecting their civil liberties. Developing an effective regulatory framework could be an arduous process but this hearing is one step towards ensuring that this is happening in a timely and effective manner. It is our responsibility, and we don't take it lightly, to recognize the need for oversight, to ensure the proper steps are being taken, proper procedures are being created and federal agencies are meeting the critical timelines to address the rapid emergence of these UAS systems in our national airspace, and that is why I again want to compliment the chairman. Thank you for your leadership in calling this hearing today. I want to thank the witnesses, and I look forward to your testimony. Thank you very much, Mr. Chairman. [The prepared statement of Mr. Maffei follows:] Prepared Statement of Ranking Minority Member Dan Maffei [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman Broun. Mr. Maffei, thank you so much and I look forward to working with you as we go forward through this Congress, and just from your statements, I can tell that you are I are going to be close colleagues protecting civil liberties and privacy issues, because those issues are extremely important to me and have been for a long time, well, since I have been here and before I came here. At this time I would like to introduce our witnesses. Our first witness is Dr. Karlin Toner, who is the Director of the Joint Planning and Development Office at the Federal Aviation Administration. Our next witness is Dr. Edgar Waggoner, Director of the Integrated Systems Research Program Office at NASA. And the final witness today is Dr. Gerald Dillingham, Director of Civil Aviation Issues at the Government Accountability Office, or GAO. As our witnesses should know, spoken testimony is limited to five minutes each after which the Members of this Committee will have five minutes each to ask questions. I now recognize Dr. Toner to present her testimony. Dr. Toner. STATEMENT OF DR. KARLIN TONER, DIRECTOR, JOINT PLANNING AND DEVELOPMENT OFFICE, FEDERAL AVIATION ADMINISTRATION (FAA) Dr. Toner. Thank you, Mr. Chairman. Good morning, Chairman Broun, Congressman Maffei and Members of the Subcommittee. I appreciate the opportunity to appear before you today to discuss the Federal Aviation Administration's current research in support of unmanned aircraft systems integration into our national airspace system. I am the Director of the Joint Planning and Development Office and will touch upon the role my office plays in facilitating and coordinating UAS research efforts throughout the government with partners including the Departments of Commerce, Defense, and Homeland Security, NASA, and the FAA. I would also like to take this opportunity to speak to you about the solicitation the FAA announced yesterday that requested state and local governments, eligible universities, and other public entities to develop six UAS research and test sites around the country. This solicitation was done in accordance with the FAA Modernization and Reform Act of 2012, which directed the FAA to establish the test sites in order to conduct the critical research that will help determine how best to safely integrate these systems into our NAS. Once the sites are selected, which will be later this year, we expect to learn how UAS operate in different environments and how they impact air traffic operations. The test sites will also inform the agency as we develop standards for certifying unmanned aircraft and determine the necessary air traffic requirements. In addition to the test sites, the FAA is publishing a notice in the Federal Register asking the public to review draft privacy language and provide input. The broad outline of FAA's privacy proposal will require each test site to ensure their privacy policies address the following: notice or awareness, choice and content, access and participation, integrity and security, and finally, enforcement mechanisms to deal with violations of these policies. The FAA thinks the test sites will provide important information that will inform our UAS integration process moving forward. With respect to FAA's research and development efforts, we are working in four areas: sense and avoid, control and communication, maintenance and repair, and human factors. Research in all four areas is critical, as the opening statements have mentioned. My written statement contains more details on each area, but I would like to take a moment to highlight the work we are doing with NASA in the area of control and communication. The FAA is collaborating with NASA on prototype architecture that will be used to develop a high-level security risk assessment. Our joint work will define the network architecture and candidate security mechanisms for protecting the air-ground communications that can eventually be used to develop security standards and requirements. Likewise, all of our partner agencies have mission-related incentives for UAS integration to succeed. The JPDO enables leveraging the research being done by different agencies to ensure that all agencies are aware of and can benefit from the work being done throughout the Administration. This synergy, such as the FAA- NASA partnership I described, ensures that all research dollars are being used as effectively as possible to reach our common goal of safe UAS integration. I certainly understand the desire to safely integrate UAS into the NAS. Because FAA's mission is to ensure the safety and efficiency of the NAS, integration can only occur to the extent the FAA is satisfied that the safety of the NAS will not be degraded by the introduction of these new aircraft. This is an extremely complex endeavor, but the FAA has been challenged with complex problems in the past, and the aviation safety record is a testament to the fact that we have been able to meet those challenges. Mr. Chairman, this concludes my statement, and I will be happy to answer your questions. [The prepared statement of Dr. Toner follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman Broun. Thank you, Dr. Toner. I appreciate your staying within five minutes. That was perfect. Thank you so much. That is excellent. Now I recognize Dr. Waggoner for five minutes. STATEMENT OF DR. EDGAR WAGGONER, DIRECTOR, INTEGRATED SYSTEMS RESEARCH PROGRAM OFFICE, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA) Dr. Waggoner. Chairman Broun, Ranking Member Maffei and Members of the Subcommittee, I want to thank you for this opportunity to testify on NASA's research and development activities to ensure safety in the operation of unmanned aircraft systems, or UASs, in our national airspace. There is a growing demand to routinely fly unmanned aircraft in the NAS, our national airspace system, and I am sure that you are aware that unmanned aircraft are increasingly being used for applications where it is not feasible or practical to rely on extended human-piloted flights. We often refer to these as dull, dangerous or dirty missions. The application of unmanned aircraft to perform these missions is just part of what is driving the critical need for safe, less restrictive access to the NAS. Safe, routine access represents enhanced capabilities for the public sector but also the promise of new capabilities for commercial or civil aviation sectors as well. NASA is performing research in the Aeronautics Research Mission Directorate that provides an opportunity to develop and transition our concepts, technologies, algorithms and knowledge to the FAA and other stakeholders to help them define the algorithms, regulations standards for safe, routine NAS access. In my testimony this morning, I want to make three key points. I will define the research that NASA is doing to help solve this problem, how we are working to transition our research results to the stakeholder community, and looking towards the future of what NASA considers some of the areas where additional research is required. So one might ask, why aren't UAS routinely allowed in the NAS now? For unmanned aircraft, access to the NAS is hampered by various regulatory and operational challenges, making it difficult to establish common applicable standards and requirements. Now, the FAA has established a process for enabling public agencies to request a certificate or authorization (COA) or waiver in order to operate unmanned aircraft in the NAS. As a matter of fact, this is how NASA received permission to perform our science missions in flying the NAS. However, for civil, non-public UAS operations in the NAS, the FAA requires a special airworthiness certificate in the experimental category. Experimental certificates are limited to an individual vehicle rather than a class of vehicles and severely limit the uses of the UAS, for example, commercial operations are specifically excluded under an experimental certificate. The majority of the research work that NASA is performing is organized under the UAS integration in the NAS project and it is focused in the following areas: sense and avoid separation assurance interoperability, developing reliable communication systems and protocols, design of ground control stations and their displays for effective and safe operation, and the requirements necessary to define criteria for avionics communication systems and ground control station certification. In each of these areas, we are addressing critical research questions and delivering research results to our stakeholders. Now, the work that NASA is performing is dependent on external government agency and stakeholder interfaces as well. I would like to identify three key interfaces where we are significantly involved: the UAS Executive Committee (UAS ExCom), the Joint Planning and Development Office (JPDO), and the UAS Aviation Rulemaking Committee (UASR). In each of these cases, NASA is playing a significant role in supporting the activities from the executive level down to our working level subject matter experts. In addition to this, we have built effective partnerships with the FAA, the Department of Defense and RTCA's Special Committee 203 that is focused on unmanned aircraft systems. Finally, I would like to identify some future research areas where NASA is undertaking studies to evaluate the implications of safe integration of UAS into the Next Generation Air Transportation System (NextGen). So understanding the tradeoffs between remote control and computerized automation of unmanned aircraft, referred to as levels of autonomy, is a relatively immature research area that we think could generate some additional focus. In addition, the second area I would like to point out is that of airborne-based sense and avoid. Issues associated with sense and avoid are particularly relevant when the aircraft involved are not under positive air traffic control. So we know about the work that the DOD has performed. We would like to assess that relative to civil applications. So in conclusion, I would like to leave you with this thought. Granted, NASA doesn't build unmanned aircraft nor do we develop policy or the regulatory framework for their safe operation in NASA. However, through our research we conduct in cooperation with other government agencies, industry and academia, NASA is addressing barrier technology challenges for safe UAS integration in the NAS and ensuring that our research is effectively coordinated with and transitioned to the UAS stakeholder community. Chairman Broun, Ranking Member Maffei, other Members of the Subcommittee, this concludes my prepared statement, and I will be pleased to answer any questions at this time. [The prepared statement of Dr. Waggoner follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman Broun. Thank you, Dr. Waggoner. I appreciate it very much. Excellent testimony from both you guys, and I am sure Dr. Dillingham is going to give us an equally excellent testimony. Sir, you are recognized for five minutes. Thank you, Dr. Dillingham. STATEMENT OF DR. GERALD DILLINGHAM, DIRECTOR, CIVIL AVIATION ISSUES, GOVERNMENT ACCOUNTABILITY OFFICE (GAO) Dr. Dillingham. We will do what we can, Mr. Chairman. Ranking Member Maffei, Members of the Subcommittee, as you requested, my testimony addresses three areas related to integrating UAS into the national airspace system. First, the roles, responsibilities and coordination among the key stakeholders; second, Faa'sprogress in complying with the UAS requirements in the 2012 FAA Reauthorization Act; and third, R&D efforts by FAA and others to address key integration challenges. With regard to the first area of stakeholder roles, responsibility and coordination, Congress has tasked the FAA to lead the effort of integrating UAS into the national airspace system, and successful integration requires the involvement of several other agencies including DOD, DHS and NASA as well as industry stakeholders. FAA has taken several important steps to facilitate collaboration among the stakeholders. For example, they have established several working groups, various memorandums of understanding and Cooperative Research and Development Agreements to address a range of integration issues. FAA has also recently created the UAS Integration Office with one executive to coordinate UAS efforts across the FAA. Although we did not evaluate the effectiveness of these efforts, our work on other federal and industry collaborations, such as the implementation of the Next Generation Air Transportation System, has shown that early and continuous involvement of stakeholders is critical to project success. With regard to the implementation status of the FAA reauthorization provisions, our written statement contains a chartof selected requirements and the status of FAA's efforts to meet them. Most of the requirements must be achieved between May 2012 and December 2015. Our work shows that while FAA has efforts underway to meet these requirements, they have completed only two of the nine requirements with completion deadlines that have passed as of this morning. Of the deadlines missed, FAA has not yet established a program for the six UAS test sites or released a comprehensive plan. Stakeholders including the Congress consider these actions among the key gateways to moving closer to safe and efficient UAS integration. While it could be argued that some of the provisions are complex undertaking that requires significant amount of effort by FAA and the partner agencies, meeting established deadlines can help increase stakeholder confidence in FAA's ability to lead the UAS integration effort and contribute to the continued participation and collaboration among all stakeholders. Regarding research and development efforts, FAA's UAS R&D roadmap identifies the various organizations that have efforts underway to mitigate obstacles that prevent UAS from being allowed to operate safely and routinely in the NAS. Some of these obstacles and related research include vulnerabilities to UAS operations such as sense and avoid, command and control including lost link, GPS jamming and spoofing, and human factors. While progress is being made to address these obstacles, the lack of necessary data has seriously hampered the development of safety, reliability and performance standards which are needed to validate the R&D efforts. In addition to the technical and R&D obstacles that I have cited, government and industry will need to work together to address issues related to the public acceptance of UAS in the NAS, especially as it relates to privacy and homeland security concerns. Mr. Chairman, Ranking Member Maffei and Members of the Subcommittee, the potential impact of this industrial sector on the Nation's aerospace industry and overall global competitiveness could be significant. As the Chairman noted, in addition to their life protection and lifesaving potential, according to an industry forecast, over the next decade, the worldwide market for government and commercial use of UAS could potentially grow to be worth $89 billion, and the United States could account for nearly two-thirds of the $28 billion projected R&D investment for UAS technologies. With this kind of growth, it will be critical for FAA to continue to make progress in integrating UAS into the national airspace system, and oversight hearings such as this one highlight the importance of issues that need to be addressed. Thank you, Mr. Chairman. [The prepared statement of Dr. Dillingham follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman Broun. Thank you, Dr. Dillingham. You did an excellent job also, and all three witnesses, I appreciate you all being here and the excellent testimony and hopefully Dr. Dillingham's questions that they brought up at GAO are going to be answered not only through this hearing but also through written questions that we will ask you all as we go along. Reminding Members that Committee rules limit questioning to five minutes each, the chair at this point will open the first round of questions and the chair will recognize himself for five minutes. On December 4, 2011, the United States lost an RQ-170 Sentinel near Iran. Iranians claim to have spoofed the global position system, GPS, signal that was in operation with that Sentinel. Last summer, Professor Humphreys from the University of Texas at Austin demonstrated that it is possible to spoof the GPS signals to take control of an unmanned aircraft. GAO's testimony states that military GPS signals, unlike the non- military GPS signals, unlike the military GPS signals, are not encrypted and transparency and predictability make them vulnerable to being counterfeited or spoofed. I ask, what R&D is being conducted to address this concern, and are there any R&D gaps that you are aware of? Dr. Toner, if you could start off answering those questions, and Dr. Waggoner, if you could fill in any gaps that Dr. Toner leaves out. Dr. Toner. Thank you, Mr. Chairman. You mentioned the very careful experimentation that was conducted by Dr. Humphreys and his students in Texas. We are aware of the experiments. Believe me, the security of the communication and control system is one of the key challenges we have looked at for UAS. I mentioned in my testimony projects that we are working on. What I want to point out about Dr. Humphreys' experiments is that I believe in his paper he even points out that they were very carefully conducted and would be hard to repeat. That said, we must be cognizant. The FAA has initiated a group that is looking at spoofing and jamming. There is also a position navigation and timing excom that looks across the government at GPS systems and would be concerned in that area. We are working on multiple levels to address it. Chairman Broun. Dr. Waggoner? Dr. Waggoner. Yes, sir. We are also aware of the work that Dr. Humphreys did at the University of Texas. Just to frame this problem, the issue with GPS is far bigger than just UAS. I mean, this would have economic implications. Our economy is run on GPS actually now. So we are aware of this. We are certainly in our work that we are working to make sure that there is adequate redundancies in any systems that we would test so positioning is not only reliant on the GPS signal and other situation awareness issues associated with that as well. Our focus is more on security at the command and control signal to the vehicle and making sure that within these frequencies that we are operating in, that those are secure and the data that we are transmitting is reliable and is valid data. So from that point of view, we have a very robust research effort going on in that. As far as spoofing of the GPS signal, we are aware of it. We are cognizant of what Dr. Humphreys did, and as part of our knowledge base and the constraints that we are operating under but we don't have any particular research efforts going towards spoofing of the GPS signal. Chairman Broun. Certainly, this is of great concerns to Americans not only because of the safety just generally but also because if Dr. Humphreys and his students can spoof the GPS system, what could other nation-states or terrorist groups do also. Will civil and commercial UAS operating in the national airspace use encrypted command, control and navigation links? Dr. Toner? Dr. Toner. The military today uses encrypted links, and I believe that solution may not be as viable for the commercial market. That is the reason so much research is being done today. Chairman Broun. Dr. Waggoner, do you have any additions? Dr. Waggoner. No, sir. Chairman Broun. My time is just about out, so please answer this question. In 2010, the Navy lost control of a Fire Scout UAS, which eventually violated the airspace here in Washington, DC. What work is being done to address the challenge of ensuring the safety in the event of a lost link? Anyone? Dr. Waggoner. So the work that we are doing, there would be certain lost-link protocols that would come into play so that's where autonomy would take over if there was a loss of the command control link to the UAS so that the UAS would either go to a predetermined position in order to reestablish the link or return to base. Chairman Broun. Weren't there protocols in place for this particular incident, though, and we still had a problem. Is that correct? Dr. Waggoner. That is correct in that case. Chairman Broun. Okay. Well, hopefully we can have that taken care of so that this doesn't occur anymore. I am sure it caused a lot of consternation here in D.C. With that, my time is up. Mr. Maffei, you are recognized for five minutes. Mr. Maffei. Mr. Chairman, thank you, and I found your questions and answers very enlightening. Clearly, there are some real national security and homeland security elements to this, and of course, on 9/11, it was not military airplanes that were taken over, it was the civilian airliners, and the same thing could be true; our biggest threat on these may not be a military craft being taken over in the Middle East but maybe a civilian one being taken over here. So we want to look at those things. Dr. Toner, you said in your testimony that the FAA will not integrate UAS unless and until we can be assured that the safety of the national airspace will not be degraded, and I assume you mean in all these respects, and Dr. Waggoner echoed that. But given the fact, Dr. Toner, that we have a very aggressive timeline set out for you and the FAA has already missed many of those deadlines, do you believe that you will be able to safely and effectively integrate the UAS into the national airspace by the current deadline of September 2015, and if you are not sure you can, are there things that you need from us in Congress to help make that happen or expedite it? Dr. Toner. Our approach is a phased in approach, and we are very cognizant that the FAA Act of 2012 called for safe integration by 2015. We view that as a beginning. If you look at aircraft such as the F-22 today, it is a manned aircraft but it is not fully integrated into the air traffic control system. We are taking a phased-in approach. In 2015, we will have integration beginning, but as we move towards the NextGen system, there will be new capabilities that make this an even more efficient integration for more varieties of aircraft. So, I think it is important that we consider a rolling approach as we focus on the safe integration and safe interaction of manned and unmanned aircraft. Mr. Maffei. Well, what do you need from us? Nothing? Dr. Toner. Congress has given us a lot of attention and support. We would ask for the opportunity to continue to explain the difficulties and challenges and our progress as we move forward. Mr. Maffei. Okay. Thank you very much. The chairman and I both have expressed concerns about privacy and civil liberties related to the equipment on board of these UAS aircraft, surveillance sensors, et cetera, and then I think there is--well, let me ask you this. Who is responsible for regulating these issues such as privacy concerns? Dr. Dillingham, do you have an idea of that? Everyone can answer if you have opinions. Dr. Dillingham. Mr. Maffei, we looked into this, and I think at best we can say, it is unknown at this point. When we did our work, we asked FAA about it, and FAA said our area is safety and that is what we are going to focus on, and of course there are already existing a number of different privacy regulations and laws but none of them have been tested with regard to UAS. I think the recent SIR that was put out by FAA to seek comments on privacy issues will be a start on that. From our perspective, that is one of the big obstacles to integration, that is, public acceptance, public education, and public concern about how that data will be used. Mr. Maffei. The other two witnesses are free to answer, but if you want to also address that public acceptance issue because it also seems there is no agency that is working on education of the public, et cetera. Dr. Dillingham. Not so much an agency but some of the industry associations, some of the model airplane associations are trying to educate the public or at least inform the public. One of the things that we keep in mind is, no matter what kind of technology is out there for good, there will be some who will find a way to misuse that technology, so it becomes very important that the public recognize those issues as well. Mr. Maffei. Anything to add from the other two witnesses? I have one more question, so quickly. Dr. Waggoner. Yes, sir, just real quickly, while I am not an attorney or certainly a legal expert on this, we go to a lot of forums where this subject is discussed, and sort of the consensus opinion that I have drawn from this is that yes, privacy is not the FAA's responsibility. They are focused on safety. There are legal precedents that are set relative to technology and surveillance if these exist, and the legislators and the community really need to identify what the ethical issues are and how these differ from a UAS to a manned aircraft relative to flight operations. Then this issue that Dr. Dillingham mentioned, the public and the media really need to be educated about UAS operations and missions. Mr. Maffei. Dr. Toner, do you have anything to add? You don't have to. Okay. Thank you very much, and Mr. Chairman, you and I may have to roll up our sleeves and do a little bit of bipartisan work to maybe set a legislative beginning to it, I don't know, but I would like to look into that with you. One quick question, and it can be answered in writing, but Dr. Toner, I really appreciate the fact that the FAA took the first formal step in selecting the six UAS test sites yesterday by releasing the screening information request document to the public. While I realize that this may not be your exact area, nonetheless, can I--I may have some additional questions on it once we sort of review it in terms of trying to get more precision on what you are really looking for. After you get a chance, can I get your commitment that we will receive timely written responses to that? Dr. Toner. We will provide a timely response, sir. Mr. Maffei. Thank you very much, Dr. Toner. Thank you, Mr. Chairman. Chairman Broun. Mr. Maffei, all the Members of the Committee will have the opportunity to give written questions to the witnesses and hopefully--in fact, I have already talked with them about that and they are all willing to give us those expeditious answers to all these questions because I know all of us have questions and all of us have concerns about this. The American public are just frightened, frankly, about the use of the UAS to possibly have invasions of their privacy and invasions of their civil rights, and I am extremely interested in making sure that we protect those privacy issues and civil rights issues. It is something that I have been focusing on for a long period of time not only in this issue but through cybersecurity and everything else. I am eager to work with you on this issue. Mr. Maffei? Mr. Maffei. Me too, and certainly, Mr. Chairman, I think you will agree, we have to at least figure out who the go-to person is in the Administration so that, you know, we have--it doesn't fall through the cracks. Chairman Broun. Absolutely. No matter who is in the White House and whatever the Administration is, this is an extremely important issue and it is a constitutional issue for me. Mr. Cramer, you are recognized for five minutes. Mr. Cramer. Thank you, Mr. Chairman, and thank you to all of the witnesses. You really have done an excellent job of both efficiently and thoroughly answering the questions in the charter, so I appreciate that very much. I especially appreciate the opportunity to meet you before the hearing, and Dr. Toner, to have somebody who has actually spent New Year's Eve in Hazen, North Dakota, as a witness on my first hearing is extraordinarily fortuitous for me because, as you know, in North Dakota we were quite pleased yesterday when the SIR was released. It has been a long wait. Nonetheless, we are grateful for the opportunity to be one of at least the 26 states that applied for the designation, and I would say, given that you spent New Year's Eve in Hazen, North Dakota, at one point, you understand how extreme our climate can be and I hope you take that into account if you are on the team that chooses where a good place would be to test extreme weather. But I also assure you that in the summertime, the other extreme is the same. I would be interested in just exploring a little further this juxtaposition of the privacy issue with the safety issue because as I understand it, while the SIR has a--is it a 60-day window for public comment on the privacy question? Am I correct in that, Dr. Toner? Do you know? Dr. Toner. Yes, that is correct. Mr. Cramer. But does that--thank you. And does that have anything to do then with the designation of the test sites? In other words, is it part of the SIR but not part of the criteria to be considered? Dr. Toner. We are looking to get public input on the privacy policy. We will be evaluating the test site proposals as called for in the SIR. We are looking to make sure that we are doing a good job, and that the authors are doing a good job in meeting the criteria in the SIR. Mr. Cramer. And so then getting back to some of your earlier criteria, I guess in your opening statement about the collaboration, the coordination and cooperation of various institutions, that would certainly, I think, fit into some of that. Dr. Toner. I cannot comment on the collaboration in terms of the proposals themselves. However, from my office's perspective, we need everybody rowing in the same direction on this issue since it is so complex. Mr. Cramer. Sure. Well, the point of the question is probably to make the statement given that you have answered all the questions, the technical questions, so well. Again, going back to the criteria, we are in North Dakota, again, speaking for my constituents who are very interested in this topic because we are a big aviation state. As you know, we have the School of Aerospace Sciences, Dr. Waggoner at the University of North Dakota and the aviation school that is very much a part of a team that the governor has put together called the Airspace Integration Team. This is a state effort to do exactly--unify all of the institutions under one collaborative effort to try to get this designation, and that we think is second probably to the extreme weather in terms of the criteria. I would have a question, though, about our proximity to Canada. Is that--would you consider that a concern or an asset, being a border state, and what kind of collaboration do we have, if any, with the Canadian government if the--as we test the airspace, national airspace, realizing we deal with a lot of international airspace. Dr. Toner. We have laid out in terms of the test sites what we believe are a wide range of criteria that we hope will attract a wide variety of offers including North Dakota. I could not comment today on the interaction with Canada and any international implications, and I could get back to you if you needed. Mr. Cramer. If you could, that would be great. And Mr. Chairman, again, they have done such a great job answering the questions that I had earlier that I think I will yield back. Chairman Broun. Thank you, Mr. Cramer. They have just called votes. We have some time. We will try to get through as many questions as we can. Mr. Peters, you are recognized for five minutes. Mr. Peters. Thank you, Mr. Chairman, and thank you for the opportunity to serve with you and Mr. Maffei on this Committee. I look forward to it. I had a pretty simple question about spectrum. You know, San Diego supports more than 7,100 jobs in the UAS industry, and we are interested in seeing these vehicles being able to be used for environmental monitoring and scientific research. We think they have got great application there. In addition, we are also the home to Qualcomm and interested in the wireless industry. That is our largest private employer. So my question is about the bulk of spectrum resources required from the use of these aircraft and whether any of you has reviewed what the potential spectrum need will be for the various unmanned aerial systems operating in the United States 5, 10, 15 years down the road. Dr. Toner. The FAA worked with the FCC to reserve some spectrum for the command and control of UAS. We could get you the specifics on our work. We believe, based on our assessment of the market for operation today, that spectrum should be adequate. However this is a point that we will continue to study to ensure adequacy down the road. Mr. Peters. I think that is fair, and I appreciate in addition to looking at the privacy concerns raised by the previous gentleman who spoke previously, I would appreciate an update on that as we go along. Mr. Chairman, I appreciate the opportunity and yield back. Chairman Broun. Thank you, Mr. Peters. Mr. Posey is next in line but he said he is not interested in asking questions. We appreciate you joining us. Oh, he has one question. Okay. Mr. Posey. Mr. Chairman, I just want to apologize for being late. We rolled votes from yesterday in the Financial Services Committee and I had to go do that first. Chairman Broun. Thank you for being here. So Mr. Schweikert, you are recognized for five minutes. Mr. Schweikert. Thank you, Mr. Chairman. This is one--when you are from Arizona and, you know, we actually have a number of manufacturers producing products and those things. I have a couple different questions. First one, particularly for the FAA, sort of the R&D roadmap and the deadlines and the mechanics that are supposed to be built in there, where are we time-wise? What should our expectations be of deliverabilities? What do we expect to see in the next year or two out of that? Dr. Toner. Thank you. That is a great question, and I will probably run out of time to explain the answer. I am assuming you are talking about the UAS research, development and demonstration roadmap that we published about a year ago. At that time we said that the challenges we had identified were a good start, they were a snapshot in time, and that we would need additional vetting and additional insurance that we would be meeting the needs of the regulatory folks with our research program. During the past year, we have worked tirelessly along with the government partners. We are, I think, very close to the coordination of a set of national goals and objectives of getting a single point of view, or concept of operations, that we can use as a measuring stick for our progress. We have set up a framework for how we can prioritize the R&D challenges. We know we have many of them. We want to make sure we cover them all. Quite frankly, we are looking forward to the point where we can share that with the full community. Mr. Schweikert. Mr. Chairman, as you go through those sort of challenges, are you going to be publishing updates saying look, here is what we are seeing, you know, here is our latest status? And I know that is always hard around here. One of the things we have great frustration with is the number of missed deadlines. I think you had one, what was it, September that you missed? Dr. Toner. Yes. In our roadmap report, we did push ourselves a little bit and promised some September data. Mr. Schweikert. Would we be seeing some incremental updates, some incremental publications telling us where you are at? Dr. Toner. We have not released incremental publications because it is very important to us, and the five agencies that we have been working with as partners, that we have coordinated with the agencies. We are in the last steps of coordination, and then we think we can release a very comprehensive package. Mr. Schweikert. All right. My friend from civil aviation? Dr. Dillingham. Is that me? Mr. Schweikert. Yes. Dr. Dillingham. I just wanted to add to Dr. Toner's comments that we did a report a couple of years ago and we made a recommendation that when the comprehensive plan is developed, that it also include the ability to show progress, to monitor progress towards goals, and we have not seen that comprehensive plan yet. It has been delayed as well. But if our recommendation is adhered to, the kinds of things that you are interested in and asking for should be included. Mr. Schweikert. Okay. Doctor, a slight lark but it sort of ties in. Being from Arizona, and I actually have this gentleman as a constituent who is a high-end engineer, has lot of resources, has built himself about a nine-foot-size flying wing with constant uplink, and I appreciate it when he flies over my house and sends me a text message with photos of my house and what I am doing in my backyard. What are we seeing also from the hobbyist world? Are they running ahead of us? Are they heading towards a dangerous conflict? What is going on there, and are we about to see also some clash of cultures of people going off on their own? Dr. Dillingham. This is a very sensitive and difficult area but let me try and respond. The 2012 FAA Reauthorization Act actually prohibited FAA from making regulations related to model aircraft, and persons who operate model aircraft. There are existing regulations that suggest that if you operate it in accordance with the principles that are now inforce, that that would be okay, and there is a way for FAA to intervene if you operate them dangerously. The Model Aircraft Association has issued some guidelines, though voluntary, that their membership, which I think is over 150,000, adhere to, but it is a different world in terms of modeling and, you know, how they are going to come together is to be determined. Mr. Schweikert. Well, I know I am beyond time but, Mr. Chairman, what you and I grew up thinking of as a model airplane, these things ain't model airplanes anymore. They are stunning in scale and complexity. So thank you, Mr. Chairman. Chairman Broun. Absolutely, and the American public are very fearful, concerned, and that is the reason that the news media has been focusing on this issue so long, and I appreciate you, Dr. Dillingham. I wasn't trying to ignore you and neither were any of these Members, but I trust that you guys are going to continue to monitor and report back to us on an ongoing basis what you find, and please keep us informed. Also, Dr. Waggoner, if you would, please provide for the record all of NASA's UAS R&D projects as well as the FY 2012 and 2013 funding levels for each project. The FAA has been kind enough to provide those for us but we have not got those records from NASA, so if you would, please provide those--that information to us in an expeditious manner. I thank all the witnesses for you all's excellent testimony today. It is not only interesting but extremely valuable for us. Members of the Committee may have additional questions, as I have talked to you all in private. We ask for you to respond to those very expeditiously in writing to us. The record will remain open for two additional weeks for additional comments and for written questions from Members. I thank you all. I am disappointed that we have a vote on that is going to interrupt this extremely interesting topic for me and for the Members of the Committee, for Americans all over the country, and I thank C-SPAN for coming and helping to broadcast this to the American public so we can get that information out and you all's valuable testimony. Thank you so much for being here. The witnesses are excused and the hearing is now adjourned. [Whereupon, at 10:59 a.m., the Subcommittee was adjourned.] Appendix I ---------- Answers to Post-Hearing Questions Responses by Dr. Karlin Toner [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Appendix II ---------- Additional Material for the Record Requested material for the record submitted Dr. Edgar Waggoner [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]