CRS Report for Congress
Prepared for Members and Committees of Congress
Pilotless Drones: Background and
Considerations for Congress Regarding
Unmanned Aircraft Operations in the
National Airspace System
Bart Elias
Specialist in Aviation Policy
September 10, 2012
Congressional Research Service
7-5700
www.crs.gov
R42718
Unmanned Aircraft Operations in the National Airspace System
Congressional Research Service
Summary
Growing interest in the use of unmanned aerial vehicles (UAVs), particularly for homeland
security and law enforcement applications, has spurred considerable debate over how to
accommodate these unmanned aircraft and keep them safely separated from other air traffic.
Additionally, the use of these pilotless aircraft, popularly referred to as drones, for aerial
surveillance and law enforcement purposes has raised specific concerns regarding privacy and
Fourth Amendment rights and potential intrusiveness. These issues have come to the forefront in
policy debate in response to provisions in the FAA Modernization and Reform Act of 2012 (P.L.
112-95) that require the Federal Aviation Administration (FAA) to begin integrating unmanned
aircraft into the national airspace system by the end of FY2015.
While drones have been used extensively by the military and small radio-controlled model
aircraft have been around for more than 50 years, advances in more complex vehicle controls and
imaging sensor capabilities are spurring public sector and commercial interest in unmanned
aircraft for a variety of purposes, including law enforcement, homeland security, aerial imaging,
and scientific research. FAA currently approves public entities (such as federal agencies, public
universities, and local police departments) to operate UAVs on a case-by-case basis, but growing
interest is making this approach increasingly untenable. Moreover, commercial users are seeking
authorization to fly drones, but so far FAA has only allowed test and demonstration flights by
manufacturers. FAA faces a number of challenges to address anticipated growth in demand for
civilian UAV operations and develop regulations governing the certification and operation of
unmanned aircraft systems in domestic airspace.
Congress has generally supported efforts to integrate unmanned aircraft into the national airspace
system and foster growth in the unmanned aircraft industry. It enacted extensive provisions in
P.L. 112-95 that are designed to streamline and accelerate the operation of unmanned aircraft in
domestic airspace by both public entities and commercial operators. Notably, that law requires
FAA to issue regulations pertaining to the operation of small UAVs (weighing less than 55
pounds) and requires FAA to create and implement a plan to begin the integration of unmanned
aircraft into the national airspace system by the end of FY2015. Toward that goal, the act requires
FAA to establish six test ranges throughout the United States to study unmanned aircraft
integration technical issues.
The act establishes an ambitious timeline for FAA to grapple with and resolve a number of
complex issues regarding the safety and security of unmanned aircraft operations. Furthermore,
aircraft operators have expressed specific concerns that drone operations should not result in
airspace restrictions or other measures that could limit accessibility to the national airspace
system.
In addition to these various challenges, the privacy implications and potential intrusiveness of
drone operations have emerged as a significant issue before Congress. Civil liberties and privacy
groups have cautioned that voluntary industry measures, including a code of conduct to, among
other things, respect privacy, are inadequate to assure that drones will not be misused in ways that
could infringe upon the privacy of individuals and intrude upon their daily activities. Moreover,
FAA’s authority over specific uses of civilian unmanned aircraft appears limited so long as safety
and national security are not compromised, raising additional concerns that future drone
operations could lead to complaints and lawsuits over noise, intrusiveness, and interference with
the use and enjoyment of public or private property.
Unmanned Aircraft Operations in the National Airspace System
Congressional Research Service
Contents
Background..................................................................................................................................... 1
Military Roots........................................................................................................................... 1
From Longtime Hobby to a Burgeoning Civilian Market ......................................................... 2
Congressional Interest and Related Legislation............................................................................... 4
UAVs in Vision 100—The Century of Aviation Reauthorization Act ....................................... 4
Provisions of the FAA Modernization and Reform Act of 2012 ............................................... 5
Current FAA Policy and Oversight .................................................................................................. 5
Current Approvals Process ........................................................................................................ 6
Regulating Small Unmanned Aircraft ....................................................................................... 6
Wide Scale Integration of Unmanned Aircraft in Domestic Airspace....................................... 7
Domestic Airspace Integration Issues.............................................................................................. 7
Safety Concerns........................................................................................................................ 7
Sensing and Avoiding Other Air Traffic.............................................................................. 8
Mitigating Risks to Persons and Property on the Ground ................................................... 9
Human Factors Considerations ......................................................................................... 10
Operator Training and Qualification ................................................................................. 11
Addressing Potential Security Risks........................................................................................ 12
Drone Weapons ................................................................................................................. 12
Intentional Hacking and Signal Jamming ......................................................................... 12
Availability and Protection of Radiofrequency Spectrum................................................. 13
Responsibility for Security Issues ..................................................................................... 14
Airspace Restrictions............................................................................................................... 15
Industry Initiatives ......................................................................................................................... 16
Eyes in the Sky: Sensor Payloads .................................................................................................. 17
Cameras and Electro-Optical Imagers..................................................................................... 17
Infrared Sensors....................................................................................................................... 17
Synthetic Aperture Radar ........................................................................................................ 18
Specialized Sensors ................................................................................................................. 19
Concerns over Privacy and Intrusiveness ...................................................................................... 19
Figures
Figure 1. A Variety of Small to Medium-Sized Unmanned Aircraft Designs.................................. 3
Figure 2. An Electro-Optical/Infrared (EO/IR) Sensor Housed in a Pod Mounted on an
MQ-9 Predator B/Reaper Drone Operated by Customs and Border Protection (CBP) .............. 18
Contacts
Author Contact Information........................................................................................................... 21
Unmanned Aircraft Operations in the National Airspace System
Congressional Research Service 1
Background
In the early 2000s, military and intelligence use of unmanned aircraft systems (UASs)1 in
Afghanistan and Iraq spurred interest in potential domestic use of these systems. The safe
integration of unmanned aircraft in the crowded airspace above the United States poses a number
of regulatory challenges for the Federal Aviation Administration (FAA) and raises some unique
legal and ethical questions. These issues have come to the forefront following enactment of the
FAA Modernization and Reform Act of 2012 (P.L. 112-95), which requires FAA to begin
integrating unmanned aircraft into the national airspace system by the end of FY2015.
Military Roots
While much of the policy debate surrounding civilian use of unmanned aircraft is new, unmanned
aircraft have been used by the military since the early days of aviation. During World War I, the
Navy funded research to develop a prototype flying bomb called the Hewitt-Sperry Automatic
Airplane. Building on this concept, the first full-scale powered unmanned aerial vehicles, the
Curtiss-Sperry Flying Bomb and the Kettering Aerial Torpedo, nicknamed the “Bug,” were
developed in 1918 as unpiloted bomb delivery platforms. The “Bug” was designed to fly a pre-set
course, then shed its wings delivering an explosive payload that would detonate on impact. It was
never used in combat, and further devel