[Senate Hearing 117-445]
[From the U.S. Government Publishing Office]


                                                        S. Hrg. 117-445

                          FAA REAUTHORIZATION:
       INTEGRATING NEW ENTRANTS INTO THE NATIONAL AIRSPACE SYSTEM

=======================================================================

                                HEARING

                               BEFORE THE

      SUBCOMMITTEE ON AVIATION SAFETY, OPERATIONS, AND INNOVATION

                                 OF THE

                         COMMITTEE ON COMMERCE,
                      SCIENCE, AND TRANSPORTATION
                          UNITED STATES SENATE

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             SECOND SESSION
                               __________

                           SEPTEMBER 28, 2022
                               __________

    Printed for the use of the Committee on Commerce, Science, and 
                             Transportation
                             
                             
                  [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]                             


                Available online: http://www.govinfo.gov
                               __________

                    U.S. GOVERNMENT PUBLISHING OFFICE
                    
55-624 PDF                 WASHINGTON : 2024                   


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             SECOND SESSION

                   MARIA CANTWELL, Washington, Chair
AMY KLOBUCHAR, Minnesota             ROGER WICKER, Mississippi, Ranking
RICHARD BLUMENTHAL, Connecticut      JOHN THUNE, South Dakota
BRIAN SCHATZ, Hawaii                 ROY BLUNT, Missouri
EDWARD MARKEY, Massachusetts         TED CRUZ, Texas
GARY PETERS, Michigan                DEB FISCHER, Nebraska
TAMMY BALDWIN, Wisconsin             JERRY MORAN, Kansas
TAMMY DUCKWORTH, Illinois            DAN SULLIVAN, Alaska
JON TESTER, Montana                  MARSHA BLACKBURN, Tennessee
KYRSTEN SINEMA, Arizona              TODD YOUNG, Indiana
JACKY ROSEN, Nevada                  MIKE LEE, Utah
BEN RAY LUJAN, New Mexico            RON JOHNSON, Wisconsin
JOHN HICKENLOOPER, Colorado          SHELLEY MOORE CAPITO, West 
RAPHAEL WARNOCK, Georgia                 Virginia
                                     RICK SCOTT, Florida
                                     CYNTHIA LUMMIS, Wyoming
                       Lila Helms, Staff Director
                 Melissa Porter, Deputy Staff Director
       George Greenwell, Policy Coordinator and Security Manager
                 John Keast, Republican Staff Director
            Crystal Tully, Republican Deputy Staff Director
                      Steven Wall, General Counsel
                                 ------                                

      SUBCOMMITTEE ON AVIATION SAFETY, OPERATIONS, AND INNOVATION

KYRSTEN SINEMA, Arizona, Chair       TED CRUZ, Texas, Ranking
TAMMY DUCKWORTH, Illinois            JOHN THUNE, South Dakota
JON TESTER, Montana                  ROY BLUNT, Missouri
JACKY ROSEN, Nevada                  JERRY MORAN, Kansas
JOHN HICKENLOOPER, Colorado          MIKE LEE, Utah
RAPHAEL WARNOCK, Georgia             SHELLEY MOORE CAPITO, West 
                                         Virginia
                            C O N T E N T S

                              ----------                              
                                                                   Page
Hearing held on September 28, 2022...............................     1
Statement of Senator Sinema......................................     1
Statement of Senator Cruz........................................     3
Statement of Senator Cantwell....................................     5
Statement of Senator Wicker......................................     7
Statement of Senator Moran.......................................    43
Statement of Senator Rosen.......................................    44
Statement of Senator Thune.......................................    47
Statement of Senator Lee.........................................    51

                               Witnesses

Lisa Ellman, Executive Director, Commercial Drone Alliance.......     8
    Prepared statement...........................................    10
Colonel [Ret.] Stephen P. Luxion, Executive Director, FAA Center 
  of Excellence for Unmanned Aircraft Systems [ASSURE]...........    21
    Prepared statement...........................................    23
Stephane Fymat, Vice President and General Manager, Urban Air 
  Mobility and Unmanned Aerial Systems, Honeywell Aerospace......    24
    Prepared statement...........................................    25
Edward M. Bolen, President and Chief Executive Officer, National 
  Business Aviation Association..................................    28
    Prepared statement...........................................    29
Gregory Davis, President and Chief Executive Officer, Eviation...    36
    Prepared statement...........................................    37

                                Appendix

Response to written questions submitted to Lisa Ellman by:
    Hon. Maria Cantwell..........................................    55
    Hon. John Hickenlooper.......................................    57
    Hon. Raphael Warnock.........................................    58
    Hon. Roger Wicker............................................    60
Response to written questions submitted to Stephane Fymat by:
    Hon. Maria Cantwell..........................................    62
    Hon. Raphael Warnock.........................................    64
Response to written questions submitted to Edward M. Bolen by:
    Hon. Roger Wicker............................................    65
Response to written questions submitted to Gregory Davis by:.....
    Hon. Roger Wicker............................................    66

 
                          FAA REAUTHORIZATION:
       INTEGRATING NEW ENTRANTS INTO THE NATIONAL AIRSPACE SYSTEM

                              ----------                              


                     WEDNESDAY, SEPTEMBER 28, 2022

                               U.S. Senate,
  Subcommittee on Aviation Safety, Operations, and 
                                        Innovation,
        Committee on Commerce, Science, and Transportation,
                                                    Washington, DC.
    The Subcommittee met, pursuant to notice, at 2:24 p.m., in 
room SR-253, Russell Senate Office Building, Hon. Kyrsten 
Sinema, Chairman of the Subcommittee, presiding.
    Present: Senators Sinema [presiding], Cantwell, Rosen, 
Cruz, Wicker, Thune, Moran, and Lee.

           OPENING STATEMENT OF HON. KYRSTEN SINEMA, 
                   U.S. SENATOR FROM ARIZONA

    Senator Sinema. Welcome to the Senate subcommittee on 
Aviation Safety, Operations and Innovation. Thank you all for 
joining us today to hear testimony from stakeholders regarding 
innovative aviation technologies and new entrants to the 
national airspace system. New entrants include innovations in 
advanced air mobility, electric vertical takeoff and landing 
aircraft, and uncrewed aerial systems commonly known as drones.
    These technologies have a wide range of applications, from 
inspecting critical infrastructure to delivering medicine in 
remote areas, to improving mobility in urban areas. Along with 
advancements in electric propulsion, these innovative 
approaches offer opportunities to transport passengers and 
cargo, or to provide other aviation services while reducing 
carbon emissions.
    As we begin the process of reauthorizing the Federal 
Aviation Administration next year, Congress should incorporate 
provisions to advance these important developing technologies. 
And our hearing today is an opportunity to consider the 
challenges ahead and the approaches Congress can take to 
address those challenges.
    Advanced air mobility is an exciting technology that has 
the ability to completely reshape the future of aviation. 
Analysts estimate that the AAM market in the United States 
could reach $115 billion in the next 10 years, increase the 
public's access to aviation, and strengthen national security 
while contributing far less greenhouse gas emissions than 
current aviation technologies.
    Given these benefits, there is widespread global interest 
from countries in Europe, Asia, and elsewhere to lead on AAM 
technologies, and the United States needs to develop a plan to 
be the global leader of this technology. There are similarities 
between AAM, and the bipartisan work Congress did in the 
recently enacted Chips and Science Act.
    Working with many of my colleagues from this committee, 
including Chair Cantwell, Ranking Member Wicker, and Senator 
Young, we helped support domestic manufacturing for 
semiconductors and drastically improved Federal research and 
development for innovative science and technologies.
    As AAM continues to advance, Congress and the Federal 
Government must position the United States to be the global 
leader of this technology. We must have a regulatory framework 
that ensures the safety of passengers and people on the ground, 
while creating an inviting ecosystem for domestic AAM 
manufacturing and operations here in the United States.
    That is why I welcomed the opportunity to join my Commerce 
committee colleague, Senator Moran, to introduce the Advanced 
Air Mobility Coordination and Leadership Act. Our legislation 
will develop an interagency working group to evaluate, plan, 
and coordinate efforts regarding the safety, infrastructure, 
and security of developing AAM in the United States.
    The Department of Transportation will lead this working 
group but given the technical complexity of this industry and 
the many beneficial uses, we will incorporate expertise from 
across the Federal Government to advance this effort on a 
broader scale. Our legislation passed the Senate unanimously on 
September 21 and will soon head to the President's desk.
    I look forward to our legislation becoming law so DOT and 
many other agencies can begin their work without delay. The 
Moran, Sinema AAM leadership bill is just the first step. In 
order to ensure safety, the FAA needs to provide clarity and 
certainty to the entrepreneurs and innovators who are 
developing this new technology.
    Earlier this year, the FAA changed the path for 
certification of these AAM aircraft, which created confusion 
among stakeholders. Looking ahead in order to provide 
certainty, the FAA needs to promulgate timely regulations to 
ensure that commercial operations occur safely, that pilots are 
trained appropriately, and that the aviation workforce will be 
ready to fill the AAM jobs of the future.
    The United States will also need additional infrastructure 
in order to safely and effectively integrate AAM into our 
national airspace. I was proud to lead negotiations on the 
bipartisan infrastructure law known as the Infrastructure 
Investment and Jobs Act, which invested $25 billion in aviation 
infrastructure over 5 years.
    These investments will fund improvements at every airport 
across the country, while rebuilding and modernizing air 
traffic control infrastructure. As I visit airports across 
Arizona, I am starting to see the benefits of these historic 
investments.
    This week, the FAA released vertiport design standards to 
safely integrate AAM into airports. Today, our panelists will 
provide their thoughts about the infrastructure, including 
electric charging infrastructure needed for a robust AAM build 
out. Today's hearing will also focus on drones and developing 
the drone economy of the future.
    Like AAM, this is another area where we need to maintain 
American leadership and build upon previous successes. Interest 
in drones from both the commercial and recreational perspective 
remains strong. As of January 2022, over 860,000 drones have 
been registered with the FAA, along with over 260,000 drone 
pilots.
    Drones are providing crucial services to Arizona and 
throughout the Nation. They can deliver essential cargo such as 
medicine to rural areas and tribal communities. Drones also 
have the ability to monitor and inspect vital infrastructure, 
including pipelines, electric transmission lines, and railroads 
for routine maintenance and after natural disasters when 
conditions may not be safe for human inspectors.
    This is a promising track record, but again, there is more 
work to do if the United States has to remain ahead of foreign 
competitors. For example, Congress can work with aviation 
stakeholders and the FAA to expedite regulations for safe drone 
operations beyond visual line of sight, which may be still 
years off.
    Additionally, we will hear today from leaders in electric 
propulsion, which presents an opportunity to reduce noise 
levels of aircraft while simultaneously minimizing carbon 
emissions from aircraft engines. Our committee will benefit 
from learning more about electric aircraft and any barriers 
developers face that hinder the growth of this technology.
    We have an excellent panel today, with witnesses 
representing industry and thought leaders across the AAM, 
drone, and electric propulsion industries. Our witnesses will 
advise us on Congress's role in boosting these sectors, 
creating jobs, and securing American leadership in the aviation 
advances of the 21st century.
    Thank you all for joining us today. And now I would like to 
turn it over to Ranking Member Cruz for his opening statement.

                  STATEMENT OF HON. TED CRUZ, 
                    U.S. SENATOR FROM TEXAS

    Senator Cruz. Thank you, Madam Chair. And I appreciate you 
are holding this hearing today. This is a critically important 
issue, and one that frankly I don't know that we have given 
nearly enough attention to.
    From drones to air taxis to new propulsion systems, the 
aviation enterprise is filled with new and exciting 
technologies that promise to transform how we live and how we 
work. Whether it is delivery drones getting medications to 
seniors in the most rural parts of the country, or industrial 
drones doing long distance pipeline inspections to ensure the 
safe transportation of oil and natural gas, new vertical 
takeoff and landing vehicles enabling low cost short haul air 
transportation and reducing congestion in cities, or new 
propulsion technologies which will use less fuel or even new 
fuels to go farther with less, it is an exciting time to be in 
aviation.
    But as I am sure our witnesses will discuss today, everyone 
in this space is facing a similar problem, uncertainty. And 
while the issues facing the FAA are numerous and many of them 
are very complex, the inability of the agency to do its job and 
to manage the national airspace system is threatening to cut 
American innovation and global leadership off at the knees.
    Whether that is on the certification front for new 
platforms, rules for remote ID or operations beyond visual line 
of sight, integration into the air traffic management 
enterprise or any number of other issues, our regulatory system 
too often is paralyzed with indecision.
    They are exceedingly complex and would present a challenge 
for even the smartest and most well-equipped. But some days the 
FAA seems unable to do even the most basic parts of its job. 
And I think especially more recently, this is in no small part 
due to a lack of leadership both at FAA and at DOT, and a lack 
of interest on the part of the White House. Just take a look at 
the FAA's organizational chart.
    Throughout the agency, there are more than a dozen 
important roles being filled by acting officials, including the 
very top spot. They are in places like the Aviation Safety 
Office, the Air Traffic Organization, the Assistant 
Administrator for NexGen, the International Affairs Office and 
Air Traffic Safety Services.
    Even when the Administration finally sends us a nominee for 
FAA Administrator, they send someone with almost zero aviation 
experience, a requisite for the job, and who has recent news as 
highlighted, has more than a little bit of scandal surrounding 
him.
    It is more than a little rich watching the Transportation 
Secretary beat up on the airlines when he seems to 
simultaneously ignore the absolute hollowing out of the FAA and 
the lack of confirmed permanent leadership over there.
    Somehow, Secretary Buttigieg has the time and resources to 
run around the country cutting ribbons on infrastructure 
projects and to launch a new, ``airline customer service 
dashboard,'' but can't find the time to fill critical vacancies 
at the FAA.
    The Secretary hasn't even responded to questions for the 
record from his budget hearing in May of this year, 5 months 
ago. And look, I get that you, the panel before us, you don't 
represent the FAA. But I don't know how you look at what I just 
outlined and think that anyone in this Administration is 
placing aviation at the top of their priority list.
    Even as we are meeting here today, there are still dozens 
of rules and reports from the last FAA reauthorization, in 
2018, that still haven't been done. One thing I authored, the 
Commercial Balloon Pilots Safety Act, which simply requires the 
FAA to require a medical certificate for commercial balloon 
pilots, and which was the result of a horrific balloon crash in 
Texas, and recommendations from the NTSB, still remains 
incomplete years after we passed it in law.
    In fact, it wasn't until November of last year that the FAA 
even issued a notice of proposed rulemaking, 3 years after the 
2018 reauthorization. If the FAA can't even get something like 
this done, commercial air balloon safety how exactly are we 
supposed to have faith that they can get the much more complex 
tasks around integrating new entrants done, let alone done in a 
timely and efficient way?
    So I look forward to hearing from our witnesses what they 
think about what needs to be done. If it is more resources for 
the FAA, faster regulatory timelines, organizational shake ups, 
we are all ears.
    Congress has almost always taken a collaborative approach 
in aviation regulation, directing the FAA to go through a 
rulemakings to get stakeholder input in shaping and crafting 
regulations based on feedback. But in this space, where 
emerging technologies are meeting an old and entrenched 
bureaucracy, we are very quickly getting to a point where 
something has to give.
    And I, for one, am determined that what gives will not be 
continued American leadership in aviation. Thank you.
    Senator Sinema. Thank you. I now recognize the Chair of the 
Full Commerce Committee, Senator Cantwell, for an opening 
statement.

               STATEMENT OF HON. MARIA CANTWELL, 
                  U.S. SENATOR FROM WASHINGTON

    The Chair. Thank you, Chair Sinema. Thanks for sharing this 
important hearing along with your colleague, Ranking Member 
Cruz, and the important witnesses that we are having today. I 
also want to thank you, you mentioned the Chips and Science 
Act, and I want to thank you for your help and leadership in 
the final days of our negotiations in getting that done.
    Today, we are here to hear from a set of witnesses to talk 
about the current issues of aviation and the fact that an FAA 
bill is due for reauthorization next year. This is an 
opportunity to talk about the prospects of that and what needs 
to be addressed. Today's hearing will specifically examine how 
Congress can help advance aerospace safety and innovation, and 
what we need to do for the future, whether that is drones to 
new air mobility concepts.
    So I look forward to hearing from all of the witnesses. I 
am especially happy to hear from Gregory Davis, President and 
CEO of Eviation. I want to congratulate Eviation on yesterday's 
first flight of Alice, the first time an all-electric consumer 
aircraft built from the ground up took flight.
    I wish we had time to show the video from it, because you 
can hear a lot of cheers at Moses Lake from everybody there for 
this historic occasion. This groundbreaking aircraft took 
flight from a 13,000 foot runway at Moses Lake Flight Test 
Center in the heart of Washington, along with local partner 
companies like MagnetX and Aerotech. I can see why this project 
has been so successful.
    Electric aircraft like Alice, built using 95 percent 
composite materials, represent an inspiring promise of American 
built innovation and exciting future of sustainable aviation. 
Locations like Moses Lake show how a combination of public 
infrastructure and private sector ingenuity create a hotbed for 
developing next generation aerospace technology.
    Eviation and Advance Air Mobility Concept provide an 
opportunity to expand connectivity to regionally and 
underserved communities and airports. We know that all--I am 
sorry, we know that half of all flights in the U.S. are less 
than 50--sorry, 500 miles in range.
    So yesterday's successful integration test flights prove 
the concept, that we have sustainable aviation technology and 
that it can transport people to these short and middle mile 
regional routes. This significantly can reduce the aviation 
industry's environmental impacts in terms of carbon emission 
and noise pollution, and achieving the technical milestones 
enables companies like Eviation to focus on commercialization 
of aircraft like Alice, in line with the evolution of battery 
technology, something that was a very key part of the Chips and 
Science Act.
    And the FAA certification process will also have to be 
there to move forward on the all-electric flight if it is to 
become an industry standard. But for me, I think the CEO has 
said it best, that these new opportunities for places like 
Seattle to Walla Walla, or maybe Spokane to Missoula, or Moses 
Lake to parts of Oregon or California, are now the kinds of 
things that would be more economical with these kinds of 
flights.
    Electric planes can connect regional communities in ways 
previously not possible. There are more than 2,000 
underutilized airports in the United States, and noise 
restrictions that cover more than 200 airports in the United 
States alone. So Congress has made significant progress to 
empower this kind of innovation and dynamics, and we need to 
continue to work to help those opportunities move forward.
    The 2022 Inflation Reduction Act provided a grant program 
to develop sustainable aviation fuel and also to incent other 
types of manufacturing like electric. Because of our success in 
passing the Chips and Science Act, $280 billion is authorized 
to bolster innovation, create new regional tech hubs, and make 
historic investments in basic research and translational 
science.
    So we know that investing in innovation will help us for 
tomorrow. Another innovation are the new entrants in aviation. 
For example, drones, one of the fastest growing segments of 
aviation in the United States. Over 860,000 drones have been 
registered with the FAA. And as of January, over 260,000 remote 
pilots have been certified.
    The FAA expects this number of registered drones to grow as 
high as 2.3 million by 2024. The use case for drones continues 
to grow well beyond the package delivery to include surveying, 
infrastructure inspection, precision agriculture, weather 
monitoring, and even disaster response.
    The Association for Uncrewed Vehicle Systems International 
forecasts that between 2015 and 2025, civilian drones will add 
$82 billion to the U.S. economy, along with 103,000 new, high 
paying jobs that do require a technical degree. So 
additionally, U.S. based manufacturers are busy designing and 
building electric vehicle aircraft with vertical takeoff and 
landing capability.
    These operations can take off like a helicopter, my 
colleagues before me have mentioned this, and then fly to a 
fixed wing airplane. According to Deloitte, the AAM market in 
the United States is estimated to reach $115 billion by 2035, 
0.5 percent of the country's current GDP, and create more than 
280,000 paying jobs by 2035.
    Importantly, AAM and alternative propulsion technologies 
are environmentally friendly and have--and a must have for the 
industry's future. Aviation contributes 12.5 percent of U.S. 
transportation emissions and accounts for 3 percent of the 
Nation's total greenhouse gas production. So dealing with these 
issues is going to be vitally important for the future.
    So I look forward to hearing from my colleagues and 
thinking about the future of aviation. But as my colleagues 
have pointed out, it does require strong leadership from the 
FAA. The bill that Senator Wicker and I passed, that we expect 
and will continue to have oversight over the FAA to get the 
right policies in place, get the right people in place, and 
continue to focus on security as well as competitiveness.
    Security will--security will help us be the leaders in 
aviation, and I hope that we can talk about how to continue to 
maintain that as we move forward with the reauthorization. I 
thank the Chair.
    Senator Sinema. Thank you, Chair. I now recognize the 
Ranking Member of the Full Committee, Senator Wicker, for his 
opening statement.

                STATEMENT OF HON. ROGER WICKER, 
                 U.S. SENATOR FROM MISSISSIPPI

    Senator Wicker. Thank you, Madam Chairman. And I say to the 
members of the panel, surely you must realize eventually you 
are going to get a chance to talk at this hearing. But I do 
want to thank Senators Sinema, Cruz, and Cantwell for convening 
this hearing of the subcommittee and beginning work on 
reauthorizing the FAA for next year.
    Today, there are 900,000 registered drones and--used for 
recreational and commercial purposes. These drones perform a 
wide range of valuable tasks: cargo delivery, aerial 
photography, information gathering, and geographic mapping. 
During the recent pandemic, emergency waivers granted by the 
FAA provided a positive indication of the potential of drones.
    Operating safely outside the normal rules, we witnessed 
fleets of drones delivering food and medicine to those 
quarantined at home, giving us a window into the future. Drone 
use during the pandemic also highlighted the importance of R&D 
for improving safety and performance.
    In partnership with the FAA, universities and industry are 
now helping to enhance the drone traffic management systems, 
air traffic control, interoperability, safety, and pilot 
training. I am proud that my home State of Mississippi and the 
Mississippi State University lead a consortium called Assure to 
carry out much of this critical R&D.
    In 2015, the FAA designated Assure as the agency's Center 
of Excellence for drone R&D and recently agreed to extend that 
role through May 2025. I want to recognize Assure's Executive 
Director, retired Air Force Colonel Steve Luxion, who is one of 
our witnesses today. I hope Colonel Luxion will touch on some 
of the important research carried out by Assure and how it will 
help integrate drones into our airspace in a safe manner.
    Just as drones are becoming commonplace, another suite of 
aviation technology known as Air--Advanced Air Mobility, or 
AAM, is emerging. AAM is not a single technology, but rather a 
collection of technologies applied to the aviation system. AAM 
vehicles have many potential uses, such as transporting 
passengers, as Senator Cantwell has alluded, moving cargo, 
assisting firefighters, and connecting rural communities to 
larger cities.
    Electric powered aircraft or air taxis, for example, may 
someday be able to airlift people like me across town or to the 
airport in a matter of minutes. Much of the basic technology 
for AAM aircraft is already developed. The FAA should begin 
certifying AAM vehicles as early as 2024. The industry has now 
shifted its focus to infrastructure and workforce development 
and the regulatory process.
    The last FAA Reauthorization Act helped pave the way for 
expanded drone use. I hope next year's bill will do the same 
for AAM. In that vein, the Committee would benefit from our 
witnesses' perspective on regulatory and policy questions we 
should tackle in the next reauthorization bill.
    As we gather inputs for reauthorization, we should be 
mindful of the safety, efficiency, and security of new 
technologies while at the same time continuing to promote 
innovation in this vital sector. Thank you, Senator Sinema, and 
I yield back 1 minute and 21 seconds.
    Senator Sinema. Greatly appreciated there, Senator Wicker. 
Thank you so much. Now I will introduce our witnesses for 
today's hearing. Our first witness is Lisa Ellman.
    Ms. Ellman is the Executive Director of the Commercial 
Drone Alliance and is a widely recognized authority on drone 
policy and law. Ms. Ellman, thank you for joining us today, and 
you are now recognized for your opening statement.

STATEMENT OF LISA ELLMAN, EXECUTIVE DIRECTOR, COMMERCIAL DRONE 
                            ALLIANCE

    Ms. Ellman. Chairwoman Sinema, Ranking Member Cruz, and 
members of the subcommittee on Aviation Safety, Operations and 
Innovation, thank you for the opportunity to share my thoughts 
at this important hearing today on how we can promote aviation 
innovation safely for the benefit of the American public.
    My name is Lisa Ellman, and I am the Executive Director of 
the Commercial Drone Alliance and a chair of the Uncrewed 
Aircraft Systems Practice at Hogan Lovells, at the global law 
firm of Hogan Lovells. I am honored to provide remarks on 
behalf of the CDA to inform your work on the upcoming FAA 
reauthorization.
    The CDA is an independent, nonprofit organization made up 
of leaders in the commercial drone and advanced air mobility 
industries. We work with all levels of Government to 
collaborate on policies for safe and secure commercial drone 
integration. The commercial drone industry is delivering 
significant lifesaving societal and economic benefits for all 
Americans.
    As just a few examples, drones are enhancing worker safety. 
In 2020, there were 54 accidents, resulting in 13 deaths in the 
aerial agricultural industry, including accidents in Texas, 
Colorado, Georgia, Illinois, Nevada, South Dakota, Missouri, 
and Kansas. Use of drones for these operations can prevent such 
fatalities.
    Drones are promoting infrastructure resilience, providing 
early detection of oil and gas leaks, and inspecting our 
Nation's railways, bridges, and electrical grid. Drones are 
protecting the environment and enhancing sustainability, 
offering a substitute for ground vehicles and reducing carbon 
emissions associated with traditional inspection methods.
    Drones are expanding access to medicines and critical 
supplies, and democratizing aviation by opening the industry to 
a broader aviation workforce. Drones are enhancing public 
safety, fighting wildfires, and assisting with disaster 
response.
    In Florida today, Florida Power and Light Company is 
deploying and flying drones in response to Hurricane Ian. 
Advancing this industry will ensure America's global 
competitiveness, our national security, and our leadership in 
global aviation, but these benefits will be fully realized only 
if Congress takes action.
    Congress led the way in 2012 by mandating UAS integration. 
In the decades since, that mandate remains unfulfilled, and 
drones are often subject to application of incongruous 
regulations designed for crewed aircraft.
    Despite the best efforts of the FAA's UAS Integration 
Office and other supporters, the FAA continues to view UAS 
integration as in its own words, a long road ahead and a 
significant challenge. Progress toward safe, scalable drone 
integration has been exceedingly slow, and America is falling 
behind other countries.
    Bold and decisive Congressional leadership is necessary 
once again to spur progress for scalable UAS operations for the 
benefit of the American public. While there is much that can be 
done in the interim, the FAA reauthorization provides an 
excellent opportunity for Congress to demonstrate that 
leadership.
    I have included many legislative proposals in our written 
testimony. I will highlight just a few of them here. First, 
Congress should reorganize the FAA to better align 
responsibility for UAS integration with authority over UAS 
approvals. The court challenges with UAS integration do not 
relate to safety.
    Rather, they are process based, featuring a well-meaning 
Government bureaucracy designed for regulating crewed aviation, 
struggling to regulate an evolving environment. Common sense 
changes to the current organization would assist the agency to 
fulfill its mission safely and efficiently.
    Second, Congress should promote UAS competitiveness by 
enabling safe, scaled, commercial drone operations in the 
United States, including by directing timely implementation of 
the beyond visual line of sight aviation rulemaking committee's 
excellent recommendations. Third, Congress should invest in the 
future.
    Congress should support workforce development training for 
careers in drones, along with the use of drones to inspect 
local infrastructure, by enacting the DIG Act. We applaud 
Senators Blumenthal and Rosen for introducing this legislation, 
which recently passed the House.
    Congress should also enable research and development by 
streamlining and improving approval processes. We include many 
more proposals and details within our written testimony, and I 
am happy to answer follow up questions. The opportunity cost of 
inaction continues to grow as the gap between technology and 
policy in the United States continues to widen.
    Congress has the opportunity in the next FAA 
reauthorization to close this gap and bring the benefits of 
commercial drones to the American public. The Commercial Drone 
Alliance appreciates the opportunity to appear before you.
    We look forward to continuing to collaborate with you to 
ensure America's global leadership in advanced aviation. Thank 
you.
    [The prepared statement of Ms. Ellman follows:]

        Prepared Statement of Lisa Ellman, Executive Director, 
                       Commercial Drone Alliance
    Chairwoman Sinema, Ranking Member Cruz, and other members of the 
Subcommittee on Aviation Safety, Operations and Innovation:

    Thank you for the opportunity to share my thoughts with you at this 
important hearing today on how we can promote aviation innovation 
safely, for the benefit of the American public. My name is Lisa Ellman, 
and I am the Executive Director of the Commercial Drone Alliance (CDA) 
and Chair of the Uncrewed Aircraft Systems (UAS, or Drone) Practice at 
the global law firm Hogan Lovells. I am honored to provide remarks on 
behalf of the CDA and help inform your work on the upcoming Federal 
Aviation Administration (FAA) Reauthorization and integrating new 
entrants into the National Airspace System (NAS).
    The CDA is an independent non-profit organization made up of 
leaders in the commercial drone and advanced air mobility industries. 
Our Board is comprised of Wing, Skydio, Zipline, NUAIR, Choctaw Nation, 
Amazon Prime Air, Aloft, Percepto, SkySafe, Dedrone, Florida Power & 
Light, American Robotics, and Southern Company. The CDA works with all 
levels of government to collaborate on policies for industry growth and 
the safe and secure integration of UAS into the NAS. The CDA also seeks 
to educate the public on the safe and responsible use of commercial 
drones to achieve economic benefits and humanitarian gains.\1\
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    \1\ The CDA brings together commercial drone end-users, 
manufacturers, service providers, advanced air mobility companies, 
drone security companies, and vertical markets including oil and gas, 
precision agriculture, construction, security, communications 
technology, infrastructure, newsgathering, filmmaking, and more. Learn 
more about the CDA at www.commercialdrone
alliance.org.
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    Commercial drones offer significant life-saving, economic and 
societal benefits--from creating jobs and enhancing worker safety, to 
protecting the environment and revolutionizing inspections of critical 
infrastructure, to expanding equitable and efficient access to 
medicines, to generating tremendous economic value and facilitating 
commercial deliveries, to enhancing public safety and fighting 
wildfires. Additional details about these benefits are included in 
Section IV below.
    There are exciting efforts underway around the country to bring the 
benefits of UAS to the American people. For example:

   In Texas, BNSF Railway is working with Skydio to inspect our 
        Nation's railroads while Wing and Amazon Prime Air are bringing 
        the benefits of commercial drone deliveries to the Dallas 
        region and College Station community, respectively.

   In Arizona, the Navajo Nation is exploring using drones to 
        deliver medicine and critical supplies to rural homes.

   In Kansas, the state Department of Transportation is working 
        to demonstrate the capabilities of drones for infrastructure 
        inspections and disaster response.

   The Choctaw Nation of Oklahoma is using drone technology to 
        bridge the inequities between rural and urban communities, and 
        is working with the University of North Texas to plan a next 
        generation Advanced Regional Mobility Corridor to provide new 
        opportunities and improve the quality of life for rural tribal 
        communities.

   In New York, NUAIR is seeking to enable advanced research 
        and development along a unique fifty mile corridor to enable 
        our Nation's continued leadership in aviation.

    Although these and other efforts are promising, the vast benefits 
of UAS cannot yet be truly realized here in the United States. That is 
because regulatory paralysis and undue regulatory burdens have 
prevented scalable UAS operations and limited the integration of UAS 
into the NAS.
    Congress led the way in 2012 with a legislative mandate for UAS 
integration. But in the decade since, that mandate has remained 
unfulfilled. Despite the best efforts of the FAA's UAS Integration 
Office and other supporters, the FAA continues to view civil UAS 
integration into the NAS as, in its own words, a ``long road ahead'' 
and a ``significant challenge.'' \2\ The National Academy of Sciences, 
the Department of Transportation's Office of the Inspector General, and 
the Government Accountability Office have all criticized the FAA's 
progress in UAS integration, describing it as ``indefensible,'' \3\ and 
have highlighted how the UAS industry continues to be held back by the 
application of incongruous approaches designed for crewed aircraft.\4\ 
This mismatch results in disjointed regulation that suppresses the 
industry's progress by making it too slow and too difficult to secure 
the necessary approvals.
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    \2\ FAA, Integration of Civil Unmanned Aircraft Systems (UAS) in 
the National Airspace System (NAS) Roadmap, 3rd Edition (2020) at 4, 5.
    \3\ National Academies of Sciences, Engineering, and Medicine, 
2018. Assessing the Risks of Integrating Unmanned Aircraft Systems 
(UAS) into the National Airspace System. Washington, DC: The National 
Academies Press. Found at https://doi.org/10.17226/25143; GAO, FAA 
Could Strengthen Its Implementation of a Drone Traffic Management 
System by Improving Communication and Measuring Performance (2021); DOT 
OIG, Opportunities Exist for FAA To Strengthen Its Review and Oversight 
Processes for Unmanned Aircraft System Waivers (2018). See also Letter 
from Chair of House Committee on Transportation and Infrastructure 
Peter DeFazio (D-OR), Ranking Member Sam Graves (R-MO), Chair of the 
Subcommittee on Aviation Rick Larsen (D-WA), and Subcommittee Ranking 
Member Garret Graves (R-LA) to Comptroller General Gene Dodaro, Feb. 
24, 2021 (noting concern that ``[T]he FAA faces a range of challenges 
to successful and timely integration'') (found at https://
transportation.house.gov/news/press-releases/committee-leaders-call-on-
gao-to-review-status-of-faas-efforts-to-integrate-drones-into-the-
nations-airspace).
    \4\ As the GAO noted, one test site's waiver request took three 
years for the FAA to approve. See GAO, FAA Could Better Leverage Test 
Site Program to Advance Drone Integration (2020) at 24. Similarly, it 
took one CDA member company five years of sustained R&D and 
interactions with the FAA to receive an experimental approval to 
operate on three rural sites. From the time of formal application, it 
took two years to receive this limited approval.
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    In the meantime, many countries around the world are progressing 
ahead of the United States in achieving scalable UAS operations and 
bringing the economic and societal benefits to their citizens and 
communities. As a result, the United States is at significant risk of 
losing its global leadership in this new era of aviation.
    Bold and innovative congressional leadership is therefore necessary 
once again to spur progress for scalable UAS operations and their 
integration into the NAS for the benefit of the American public. While 
there is much that can be done in the interim to advance policy and 
enable scaled commercial operations, the FAA Reauthorization provides 
an excellent opportunity for Congress to demonstrate that leadership. 
The CDA urges the Congress to take decisive action to drive the full 
integration of commercial drones into the NAS. Congress should not 
allow the budding American UAS industry to continue languishing in a 
regulatory limbo that prevents the industry from scaling and deprives 
our country of massive economic and societal benefits.
I. THE NEED FOR DECISIVE CONGRESSIONAL ACTION
    The use of zero-emission UAS to save lives, provide rural medical 
access, and maintain our Nation's aging infrastructure has been a 
bipartisan policy priority since 2012. Policy has lagged behind 
technology, and integration efforts have lagged behind the pace of 
innovation in America. For example, drone operations continue to be 
almost exclusively limited to line of sight, meaning that drone 
operators must follow every drone flight with a human on the ground 
watching the aircraft at all times. Approvals to fly beyond visual line 
of sight (BVLOS) are limited and rare. Just as crewed aviation 
operations would be hamstrung if airplanes were unable to leave sight 
of the control tower, such restrictions severely limit the utility of 
UAS. Notwithstanding the valiant efforts of certain staff at the FAA, 
progress toward safe and scalable UAS operations integrated into the 
NAS has been slow and halting, and America is being left behind.
    Congressional action is necessary to secure U.S. leadership in a 
new era of aviation. The United States dominated the first century of 
flight, from Kitty Hawk to the Moon and beyond, to the great benefit of 
our society and economy. But U.S. leadership in the second century of 
flight--defined not by crewed operations, but by uncrewed and, 
increasingly, autonomy-enabled operations--is in jeopardy. Other 
nations are working hard to establish leading roles in a new era of 
flight. Democratic peer nations--such as Australia, Canada, Japan, the 
United Kingdom and the European Union--have taken significant steps to 
enable advanced drone operations and capture the societal and national 
security benefits associated with aviation leadership. Many U.S. 
companies have invested heavily to pursue opportunities in those 
markets, even if they would prefer to invest here at home. This trend 
will only accelerate so long as there remains skepticism regarding the 
U.S. Government's ability to deliver on its promise to integrate UAS 
into the NAS and enable scalable UAS operations. At the same time, 
competitors like China have invested extraordinary resources in an 
attempt to surpass the United States.
    The White House has recognized the benefits of UAS, as evidenced by 
its August 2022 Summit on advanced air mobility. While that attention 
is welcomed, Congress needs to ensure that it translates to concrete 
action. Without strong and timely congressional action, U.S. leadership 
in aviation hangs in the balance, as does the future of the commercial 
drone industry.
II. SUMMARY OF CDA PRIORITIES FOR THE 2023 FAA REAUTHORIZATION
    The CDA firmly believes that Congress can help ensure American 
leadership in the next century of aviation, relieve the regulatory 
paralysis and undue burdens that have so far constrained UAS operations 
in the United States, and reinvigorate efforts toward scalable UAS 
operations and integration into the NAS. To achieve those objectives, 
the CDA strongly urges Congress to take the following decisive actions 
as part of the 2023 FAA Reauthorization.

  A.  Policy and Resourcing. Congress should reorganize the FAA to 
        better align responsibility for UAS integration with authority 
        over UAS approvals, which is a critical weakness in the FAA's 
        current UAS framework. In addition, Congress should require the 
        FAA to consider the positive aggregate safety gains and 
        environmental impact of UAS use, as compared to other 
        transportation options, in conducting safety and environmental 
        analyses.

  B.  Enabling Expanded UAS Operations and Promoting Safety and U.S. 
        Competitiveness. Congress should direct the FAA to issue a 
        notice of proposed rulemaking enabling BVLOS operations in 
        alignment with the recommendations of the BVLOS Aviation 
        Rulemaking Committee (BVLOS ARC) within 180 days of enactment.

  C.  Helping America Win the 21st Century by Enabling Research and 
        Development at Home. Congress should streamline research and 
        development processes to enable test sites and public-private 
        partnerships to move UAS integration forward and promote U.S. 
        leadership in aviation.

  D.  Supporting UAS Manufacturing Capabilities and the Supply Chain 
        System. Congress should take action to support the growth of 
        UAS/AAM manufacturing in the United States. Among other 
        measures, Congress should enhance and expand the successful 
        Blue UAS program, and require a report on the extent to which 
        DOD and other agencies can replicate the Army's experience of 
        rapidly procuring UAS systems in large numbers. The best way to 
        ensure U.S. leadership in the second century of aviation is to 
        build the future in the United States, creating domestic jobs 
        and boosting U.S. competitiveness.

  E.  Delivering on Infrastructure Investment. Congress should promote 
        infrastructure resilience, including by appropriating funds to 
        the FAA and by requiring the DOT and the FAA to promote the use 
        of drones for infrastructure applications, as well as working 
        with state, local, and tribal governments to advance 
        infrastructure inspection operations applications at scale. In 
        particular, Congress should enact the DIIG Act, which recently 
        passed the House. We applaud Senators Rosen, Blumenthal, and 
        Bozeman for introducing the DIIG Act in the Senate and urge its 
        swift passage.
III. DISCUSSION OF SPECIFIC CDA PROPOSALS
A. Policy And Resourcing
    Aligning UAS Responsibilities and Authorities. Congress should 
reorganize the FAA to better align responsibility for UAS integration 
with authority over UAS approvals, which is a critical weakness in the 
FAA's current UAS framework. Today, the FAA's UAS Integration Office 
has no authority to actually integrate UAS. Instead, responsibility for 
UAS integration is diffused and splintered across many different 
offices, each with its own existing set of traditional aviation 
responsibilities and mandates. To address this systematic misalignment, 
Congress should:

   Create a position of Associate Administrator to oversee UAS 
        integration and thereby empower the FAA's UAS Integration 
        Office with the resources and authorities to fulfill the 
        mandate of UAS integration into the NAS. This office should 
        have the dual mandate of ensuring the safe integration of UAS 
        into the NAS and encouraging and promoting a commercially 
        viable UAS industry and American leadership in UAS.

   Provide the Associate Administrator with the authority to 
        approve UAS rulemaking, certification and operational approvals 
        for specific categories of UAS that:

     Have 25k ft/lbs. or less of transferred kinetic 
            energy, consistent with the recommendations of the BVLOS 
            ARC, and

     Operate at an altitude of 400 feet above ground level 
            (AGL) or less and at least three miles from airports.

   Require the FAA to consider the positive aggregate safety 
        gains and environmental impact of UAS use on other modes of 
        transportation and methods of inspection/operation in 
        conducting safety and environmental analyses.
Enabling Expanded UAS Operations And Promoting Safety And U.S. 
        Competitiveness
    Implement BVLOS Rulemaking Expeditiously. Broadly enabling UAS 
flights BVLOS in a safe and secure manner is critical to unlocking the 
aggregate safety, security, equity, and sustainability benefits of 
using drones for many commercial and public safety tasks. Congress 
should direct the FAA to issue a notice of proposed rulemaking enabling 
BVLOS operations in alignment with the recommendations of the BVLOS ARC 
within 180 days of enactment. In accordance with BVLOS ARC 
recommendations, Congress should include language in the 2023 FAA 
Reauthorization that:

   Adopts an Acceptable Level of Risk: Require the FAA to adopt 
        a quantified acceptable level of risk for UAS operations that 
        is modeled upon and consistent with existing accepted general 
        aviation risks.

   Encourages and Incentivizes Equipage: Encourage and 
        incentivize the very small number of crewed aircraft that 
        routinely operate below 500 feet AGL to equip with Automatic 
        Dependent Surveillance-Broadcast (ADS-B) or TABS technology to 
        provide conspicuity, enhance the overall safety of the NAS, and 
        ensure that UAS can avoid them;

   Enables New Technology Solutions: Direct the FAA to explore 
        the authorization and use of non-technical standard order (TSO) 
        devices where risk analysis deems them to be sufficient, such 
        as for installation and use in non-certified aircraft.

   Establishes a Risk-Based Framework for UAS Airworthiness: 
        Direct the FAA to adopt industry-based standardized 
        airworthiness compliance standards, modeled after the FAA's 
        light-sport aircraft certification process, to provide 
        manufacturers with clear guidance on how to obtain FAA 
        airworthiness approval. Consistent with the recommendations of 
        the BVLOS ARC, compliance should be declared by U.S. 
        manufacturers, with the FAA retaining ultimate oversight over 
        the safety of each submission. In addition, Congress should 
        require the FAA to work with the European Union Aviation Safety 
        Agency (EASA) to harmonize UAS/Vertical Take-Off and Landing 
        (VTOL) aircraft certification criteria and report back to 
        Congress on progress.

   Implement Tailored and Risk-Appropriate Qualification 
        Criteria for UAS Pilots and Certificated Operators: Require the 
        FAA to enact streamlined, risk-appropriate certification 
        criteria tailored specifically for commercial drone operators 
        and air carriers. These criteria should recognize the 
        substantial improvements in automation, safety and risk-
        reduction of drone operations when compared to traditional 
        aviation. For UAS BVLOS pilots, direct the FAA to create and 
        implement knowledge-based crew qualification/training standards 
        to add a BVLOS rating for UAS pilots.

   Enables Shielded Operations: Direct FAA to immediately 
        implement BVLOS ARC recommendations that do not require 
        rulemaking, including enabling low-altitude ``shielded'' 
        operations that permit drones to fly above and within very 
        close proximity to structures and terrain where crewed aircraft 
        are unlikely to operate. Shielded operations provide high 
        levels of value--enabling more efficient inspection of critical 
        infrastructure like long linear infrastructure and power 
        plants, in addition to public safety missions such as search 
        and rescue--with low levels of risk, given the low altitude and 
        close proximity to structures and the ground. Other countries, 
        including the European Union and Australia, have already 
        established frameworks to enable shielded operations at scale. 
        Congress should direct the FAA to issue guidance, such as 
        standard scenarios or pre-defined risk assessments common with 
        other civil aviation authorities, providing accelerated 
        pathways to enable low-altitude operations under the current 
        rules, within 90 days of enactment. That guidance can and 
        should be issued before a rulemaking on BVLOS is issued, as 
        noted by the BVLOS ARC.

   Advances Network Remote Identification: Require that the FAA 
        accept internet-based network identification as an acceptable 
        means of compliance with rules requiring UAS to be equipped 
        with technology to allow for remote identification.

    Improve the Airworthiness Process for UAS. Congress should direct 
the DOT and the FAA to improve and expedite the airworthiness approval 
process for UAS technologies. For several years, the FAA has tried and 
failed to adapt the existing and burdensome airworthiness process to 
UAS. The FAA recently issued a UAS standard airworthiness certificate 
to Matternet, and that was a positive step forward.\5\ Now that the FAA 
has done this successfully once, the agency should expeditiously 
process additional approvals, and incorporate lessons learned and 
streamline and improve the process for the agency and the broader 
industry. UAS are the safest form of aviation today in terms of serious 
injuries or fatalities. Improving these critical processes will promote 
UAS innovation while ensuring that technological, safety and security 
advances are implemented efficiently. Congress should also provide 
adequate resources to implement advanced aviation certification 
programs. In particular, Congress should provide additional funding for 
FAA's ``Operations'' appropriation, specifically designated for the 
Aircraft Certification Service's review and certification of UAS.
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    \5\ https://www.prnewswire.com/news-releases/matternet-m2-drone-
delivery-system-first-to-achieve-faa-type-certification-301619827.html.
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    To facilitate the timely issuance of airworthiness approvals for 
small UAS in the near-term, Congress should exempt low-risk small UAS 
from noise certification requirements. Under the current regulatory 
process, the FAA may only issue an original type certificate for an 
aircraft after the FAA determines that the aircraft meets prescribed 
noise standards. There are no prescribed noise standards for small UAS, 
which means the FAA needs to undertake a lengthy (years-long) and 
resource-intensive rulemaking process for every individual small UAS 
going through the type certification process to establish custom noise 
standards on a case-by-case basis. Rather than requiring the FAA to 
establish unique noise standards for every single different type of 
small UAS going through the certification process, Congress should 
direct the FAA to gather data necessary to establish generally 
applicable noise standards for small UAS. This represents a straight-
forward and immediate opportunity to streamline and modernize our 
regulatory system in a manner that can yield significant short-term 
gains for society. For the longer term, Congress should require the FAA 
to implement the recommendations of the BVLOS ARC.
    Reauthorize and Expand Section 44807. To cover the near-term gap 
between current authorizations and a streamlined airworthiness approval 
process, Congress should immediately extend the timeline for Section 
44807 authorities. Such an effort would be even more impactful if 
Congress opted to also expand and re-imagine this authority. In 
particular, the FAA has interpreted Section 44807 very narrowly, 
contrary to Congress's original intent to provide a pathway to enable 
advanced operations that can be conducted safely, even when those 
operations do not fit neatly within an existing rule. By reinforcing 
the original intent to implement this rule, Congress will provide a 
pathway to advance innovation while ensuring safety and address those 
interpretations that have to date substantially limited the utility of 
this provision. Finally, until the FAA publishes a BVLOS rule, Congress 
should require the FAA to a) develop and publish within 180 days of 
enactment clear guidelines for commercial BVLOS operations and b) to 
use the 44807 special authority to enable such operations.
    Support UAS Traffic Management and LAANC Modernization. Congress 
has recognized the importance of Uncrewed Traffic Management (UTM), 
including most recently in Section 342 of the 2018 FAA Modernization 
Act. UTM is important for the safe and secure expansion of UAS 
operations and integration of UAS into the NAS--both of which are 
congressional objectives. Without UTM, the countless benefits of 
expanded, scalable, and complex UAS operations (e.g., long-range BVLOS 
flights to deliver packages and medical supplies) for Americans and 
American businesses may be more difficult to reach. As a precursor to a 
UTM system, Congress should direct the FAA to permit approved UAS 
Service Suppliers (USSs) to utilize application program interfaces 
(APIs) and deep linking with the software products of third parties. 
This modernization of the Low Altitude Authorization and Notification 
Capability (LAANC) system will enhance safety by increasing compliance 
among airspace users, and avoid a chilling effect on innovation in the 
U.S.
    Enable Expanded Use of Drones for First Responders. Congress should 
direct the FAA to establish a streamlined approval process for ``Public 
Safety Drone as a First Responder'' BVLOS Waivers. Such waivers allow 
public safety agencies and First Responders to have ``eyes on the 
scene'' in a timely manner when emergency strikes. For this reason, 
drones serve as one of the best de-escalation tools for police 
departments and have been demonstrated to save lives and protect both 
First Responders and the public.
    Promote Pathways for Increasingly Automated and Autonomous 
Operations Safely. Maintaining U.S. global leadership in aviation 
hinges on our collective ability to design and deploy safe, effective 
automated and autonomous systems in a way that protects the safety of 
the NAS. In order to lead the way, the U.S. must create streamlined 
pathways for increasingly autonomous operations--first for smaller 
drones inspecting infrastructure or delivering packages in relatively 
close proximity to the ground, and then for larger vehicles delivering 
cargo and transporting people at higher altitudes and over greater 
distances. To achieve that objective, Congress should direct the DOT 
and the FAA to develop and report to Congress within 270 days of 
enactment on pathways to enable UAS and advanced air mobility (AAM) 
operations with increasing levels of automation. As discussed below, 
Congress should also codify and expand the FAA's BEYOND program, 
tasking it to test safe and scalable frameworks for automated and 
ultimately autonomous operations, among other forms of operations.
    Modernize the DOT Hazardous Materials Framework. The existing DOT 
hazardous materials (HAZMAT) framework was designed for large, crewed, 
commercial operations at high altitudes. Congress should direct the DOT 
to modernize the existing framework by promulgating rules tailored to 
the movement of HAZMAT by UAS. These regulations should be more aligned 
with the HAZMAT regulations for ground transportation than those for 
air transportation given UAS delivery will occur at low altitudes.
    Streamline Operational Approval Processes. As described below, UAS 
can offer environmental benefits and emissions reductions far beyond 
any other transportation mode yet developed. Unfortunately, to date, 
environmental review processes related to UAS have lacked resourcing 
and regulatory clarity, hindering industry's ability to scale and, 
paradoxically, impeding the realization of environmental benefits. To 
aid the scaling of new technologies, Congress should direct the FAA to 
develop National Environmental Policy Act (NEPA) Implementation 
Procedures for UAS operational approvals, including programmatic 
approaches to enable scaled operations where operating parameters are 
similar. Clear, right-sized procedures will help both communities and 
operators assess the potential environmental resource impacts within 
different operating contexts (whether a limited scale operation within 
a small community or a broader network of drone delivery or other AAM 
services across a region or operations over industrial sites closed to 
the public with high levels of ambient noise). Congress should also 
consider what additional staffing and/or resources are needed to move 
processes forward in a streamlined way.
    Modernize DOT Economic Authority Requirements. Congress should 
reform aviation citizenship laws applicable to UAS operators to 
minimize barriers to entry and promote investment in U.S. companies. 
Laws defining aviation citizenship were defined for a different 
industry and different era. Due to how aviation citizenship laws are 
currently drafted, certain BVLOS operators (air carriers) will require 
``economic'' authority from the DOT to operate, including a requirement 
that the operator meet a narrowly tailored definition of ``citizen of 
the United States.'' Foreign civil aircraft operators conducting 
operations other than air carrier operations in the U.S. will also need 
DOT authorization. The application of these aviation citizenship laws 
to the UAS industry often leads to absurd results where American 
companies are not able to prove U.S. citizenship. Aviation citizenship 
laws should be updated to facilitate, rather than hinder, this emerging 
industry in the modern era.
C. Helping America Win The 21st Century By Enabling Research And 
        Development At Home
    Empowering UAS Test Sites to Promote R&D. UAS R&D activities help 
support the safe and efficient integration of UAS into the NAS. 
However, current R&D processes do not enable broad testing in the U.S. 
in a timely way. The FAA-designated UAS Test Sites were established for 
the purpose of facilitating valuable UAS R&D necessary to fully 
integrate UAS into the NAS, but achieving this objective has been 
limited by a recent change in the FAA's interpretation of R&D 
activities that qualify for public aircraft operation (PAO) status. 
While FAA-designated UAS Test Sites are most acutely affected by this 
change in the ability to conduct UAS research and development as PAO, 
the change also affects other public entities, including, but not 
limited to, public agencies and public universities that conduct 
crucial UAS research and development activities. To assist the FAA in 
carrying out the objectives of the UAS Test Site program, Congress 
should clarify that UAS operated for R&D purposes at UAS Test Sites 
meet the definition of ``public aircraft'' in 49 U.S.C. 
Sec. 40102(a)(41) and qualify for PAO status under 49 U.S.C. 
Sec. 40125. Additionally, Congress should direct the FAA to encourage 
the continued use and expansion of technology innovation zones and 
support communities that are eager to embrace new technologies such as 
UAS. Congress also should renew or extend the test site mandate from 
the FAA Modernization and Reform Act of 2012. And Congress should 
request a timeline for immediate implementation of 49 U.S.C. 
Sec. 44803.
    Leveraging Public-Private Partnerships to Accelerate Advanced 
Operations. The CDA supports strong Federal preemption to enhance 
safety and avoid a patchwork quilt of regulations. However, the CDA 
also believes that states, localities and tribes play an important role 
in the UAS ecosystem. CDA therefore urges Congress to leverage and 
expand existing public-private partnerships to advance safe and 
effective advanced drone operations. In order to remain competitive in 
a tight global marketplace, the U.S. must have accelerated pathways to 
conduct advanced operations. The BEYOND program, and the Integration 
Pilot Program (IPP) before it, were designed to play that critical 
role. Congress earlier codified and funded the IPP. In the next FAA 
Reauthorization, Congress should rebrand, codify, and expand the BEYOND 
program for five years to include the full spectrum of uncrewed 
aircraft. This expanded program could include collecting data that 
would accelerate rulemakings, developing model policy, and requiring 
regulatory enabling actions to flow from these partnerships. Congress 
can bring together UAS Test Sites and BEYOND sites under a common 
umbrella to support safe scaling of emerging aviation technologies. In 
addition to enabling the FAA and industry to conduct and learn from 
advanced operations in the real world, the program enables state, 
local, Tribal, and territorial governments to play an important role, 
working in partnership with the Federal government and industry to use 
technology to solve pressing local needs. In its next iteration, the 
re-imagined BEYOND program should focus on the central challenge 
confronting the U.S. and the industry: enabling and refining 
operational and regulatory constructs for highly automated and 
autonomous UAS operations.
D. Supporting UAS Manufacturing Capabilities And The Supply Chain 
        System
    Congress should take action to support the growth of UAS/AAM 
manufacturing in the United States. The best way to ensure U.S. 
leadership in the second century of aviation is to build the future in 
the United States, creating domestic jobs and boosting U.S. 
competitiveness. Among other measures, Congress should enhance and 
expand the successful Blue UAS program.
    Enhance and Expand the Blue UAS Program. The conflict in Ukraine 
has demonstrated the strategic national security importance of small 
civilian drone technology. In the U.S., the Defense Innovation Unit's 
Blue UAS program has been a valuable tool designed to identify, test, 
and publish a consolidated list of UAS suitable for use by the 
Department of Defense. Given the importance of supporting the growth of 
a strong and competitive domestic manufacturing base, and the 
Congressional requirements outlined in Section 848 of the FY20 NDAA, 
the Blue UAS list must remain current, relevant, and inclusive. The 
Blue UAS list provides a platform on which to expand the use of drone 
technology by the Federal government.
    The Army's Short Range Reconnaissance (SRR) program helped to 
generate the initial Blue UAS list. The SRR program provides a model of 
efficient and dynamic procurement and demonstrates how the list can 
benefit government end users and industry alike. In its first tranche, 
the SRR program identified and procured a Blue UAS system UAS using 
Other Transaction Authority, rapidly transitioning a capability from 
the prototype phase to program of record in a short period of time. 
That is a model other military services and other Federal departments 
could follow when procuring small UAS (and larger UAS and AAM systems). 
Congress should commend the work of the Blue UAS program and encourage 
continued evaluation of UAS for inclusion on the Blue UAS list. 
Further, Congress should require a report on the extent to which DOD 
and other agencies can work together to expand the Blue UAS program and 
replicate the Army's experience of rapidly procuring UAS systems in 
large numbers--providing the government with a critical tool on a rapid 
timetable while creating domestic jobs and boosting U.S. 
competitiveness. In addition to supporting the Blue UAS program, 
Congress should consider additional measures to support domestic drone 
manufacturing in a market historically dominated by companies based in 
countries of concern.
E. Delivering On Infrastructure Investment
    Promoting Infrastructure Resilience. With the passage of the 
Infrastructure Investment and Jobs Act (IIJA), Congress provided $550 
billion in new funding to address infrastructure needs across the 
country, including $40 billion over five years to repair, replace, and 
rehabilitate our crumbling bridges. Inspections of our aging 
infrastructure are key to successful implementation of the investments 
Congress has already made. Drones can play a critical role in ensuring 
safe, accurate inspections are carried out to ensure responsible use of 
taxpayer dollars. The use of drones for infrastructure inspections has 
several benefits when compared to traditional inspection protocol. 
Drones are easier and safer to operate--protecting workers from large 
equipment and from entering dangerous areas when inspecting assets. 
Moreover, drones can capture automated data and aerial insights, and 
stakeholders can perform inspections more regularly, quickly, and 
efficiently, which increases the safety of our infrastructure and 
supports higher levels of worker safety. Given the major influx of 
Federal dollars for investment in our crumbling infrastructure, the FAA 
and the DOT should work expeditiously to ensure the use of drones to 
increase the efficiency of those investments. To capture and expand on 
these benefits, Congress should include language within the 2023 FAA 
Reauthorization appropriating $5 million to the FAA and requiring the 
DOT and the FAA to promote the use of drones for infrastructure 
applications and work with state, local, and tribal governments--as 
well as private sector critical infrastructure and utility 
stakeholders--to advance infrastructure inspection operations 
applications at scale. Congress should also direct the FAA to encourage 
interagency collaboration to promote the use of drones for 
infrastructure inspections across all modes of transportation.
    Enacting the Bipartisan Drone Infrastructure Inspection Grant 
(DIIG) Act, H.R. 5315. To the extent the bipartisan DIIG Act, which was 
recently passed by the U.S. House of Representatives (and was 
introduced in the Senate last month by Senators Rosen, Blumenthal, and 
Bozeman), is not enacted in 2022, we encourage Congress to ensure this 
critical program is enacted in the 2023 FAA Reauthorization. This 
Program would have two fundamental pillars, each administered by the 
DOT:

  (1)  $100 million to enable States, cities, and tribal governments to 
        inspect America's aging infrastructure with drone technology 
        (including by funding program management capacity or drones), 
        thereby making workers safer, inspections more efficient, and 
        infrastructure more resilient, while supporting high-paying 
        jobs in inspection and U.S. drone manufacturing; and

  (2)  $100 million for grants to community colleges and universities 
        to train new and existing workers on drone technology and to 
        prepare them for careers in aviation and STEAM, building on 
        unfunded programs established in the 2018 FAA Reauthorization 
        Act.

    Providing Necessary Congressional Oversight. The Congress should 
also require that the FAA follow through on previous legislative 
directives which remain unfulfilled. For example, the FAA Extension, 
Safety, and Security Act of 2016 required the FAA to designate fixed 
site facilities to promote security and innovation; several deadlines 
have come and gone, and six years later Section 2209 has not yet been 
implemented. As another example, the FAA Reauthorization Act of 2018 
(at 49 USC Sec. 44803) required the FAA to issue broad waivers to 
designated FAA UAS Test Sites in a streamlined way; as research and 
development efforts struggle to take off in the U.S. due to regulatory 
barriers, the FAA has simply failed to implement this important 
initiative. These are just a few examples of regulatory failures that 
merit appropriate scrutiny to ensure the intent of Congress is 
implemented. Accordingly, the CDA urges Congress to exercise its 
essential oversight function to require relevant agencies to defend 
their continued inaction to implement previous congressional mandates 
and request a timeline from the FAA for immediate implementation of 
these provisions.
IV. EXPANDING AND ENABLING THE UAS INDUSTRY UNLOCKS SIGNIFICANT 
        BENEFITS FOR ALL AMERICANS
    The UAS industry can deliver significant societal and economic 
benefits for all Americans, but only if Congress takes action needed to 
overcome regulatory and policy hurdles that prevent scalable commercial 
drone operations in the United States. A few examples of these 
significant benefits will demonstrate why enabling UAS operations and 
eliminating regulatory paralysis and undue burdens is so critically 
important.
    Boosting Safety for Workers and the Public. A major benefit of UAS 
is the immediate and aggregate safety enhancement that can be achieved 
in comparison to the traditional alternatives. For example, tower 
inspections traditionally have subjected workers to the hazards and 
risks of climbing a tower (with an average height across the country of 
about 280 feet). UAS operations, by contrast, can allow the inspector 
to remain on the ground, improving worker safety and reducing injury 
and death. Similarly, many types of safety inspections require crewed 
helicopters that involve extra risk, in addition to serious 
environmental consequences.\6\ UAS operations can reduce helicopter 
flight hours by 44,000 hours per year, which can statistically 
eliminate 1.6 helicopter accidents.\7\ Another sobering example of the 
potential for UAS to save lives is the aerial agricultural industry. 
Analysis of National Transportation Safety Board (NTSB) reports shows 
that, in 2020 alone, there were 54 aircraft accidents involving 
agricultural operations, including 12 fatal accidents resulting in 13 
deaths.\8\ The use of UAS to perform these potentially hazardous 
aircraft operations will significantly reduce the number of pilot 
fatalities that occur each year in the aerial agricultural industry. On 
the ground, expanded UAS delivery operations can lead to 1.5 billion 
fewer road mile deliveries by freight in 2025, and 29 billion fewer 
road miles by 2030, reducing road accidents.\9\ Modeling by Virginia 
Tech suggests that at scale, UAS delivery could help to avoid 580 road 
accidents per year in a single U.S. city such as Austin, TX, or 
Columbus, OH.\10\ Furthermore, due to their ease of use compared with 
traditional means of inspection, UAS can significantly increase the 
frequency and depth of inspections, boosting and aggregating the total 
benefits to safety.
---------------------------------------------------------------------------
    \6\ https://rotormedia.com/unmanned-systems-save-lives-in-high-
risk-manned-operations/. See ``Identifying How UAS OPA Can Reduce Fatal 
Accidents in High Risk Manned Helicopter Operations'' prepared by Mark 
Colborn, Scott Burgess, Ph.D., and Wayne M. Keeton--H-SE 90 SME Team, 
United States Helicopter Safety Team (USHST), Feb. 2, 2019.
    \7\ Levitate Capital White Paper, Enterprise Market 2020, at 19, 
available at https://levitatecap.com/levitate/wp-content/uploads/2020/
12/Levitate-Capital-White-Paper.pdf.
    \8\ https://agairupdate.com/2021/02/23/ntsb-final-report-2020/. 
Among other state data, the report included documentation of three 
accidents each in Texas and Colorado, two accidents in Georgia, and one 
accident in Illinois, Nevada, South Dakota, Missouri and Kansas.
    \9\ Levitate Capital White Paper, Enterprise Market 2020 at 19.
    \10\ https://wing.com/resource-hub/articles/why-do-we-need-drone-
delivery/.
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    Supporting the Economy and Putting Americans Back to Work. If the 
regulatory framework can keep pace with this rapidly evolving industry, 
UAS will unlock billions of dollars in economic growth over the next 
few years. There are many varying estimates of market potential, but 
the numbers are all large. The size of the commercial drone market--the 
fastest growing segment--is expected to reach $16 billion by 2025 and 
$29 billion by 2030.\11\ Those figures represent only baseline 
estimates; other figures estimate a market size of $21 billion and $36 
billion by 2025 and 2030, respectively. There also is significant 
potential for broad economic savings as a result of enterprise UAS 
operations. For example, the U.S. economy could save up to $920 million 
annually using drones to inspect energy utility infrastructure.\12\ 
Economic benefits also can flow to local small businesses participating 
in UAS delivery programs. One study of UAS local delivery programs 
found that local participating retailers could each experience more 
than $200,000 a year in increased business opportunities, and local 
restaurants could generate up to $284,000 in additional sales, by 
expanding the footprint of serviceable customers.\13\
---------------------------------------------------------------------------
    \11\ Levitate Capital White Paper, Enterprise Market 2020 at 28.
    \12\ Levitate Capital White Paper, Enterprise Market 2020, at 6.
    \13\ Sarah Lyon-Hill, et. al., Measuring the Effects of Drone 
Delivery in the United States, Virginia Tech Office of Economic 
Development and the Grado Department of Industrial & Systems 
Engineering (Sept. 2020), https://www.newswise.com/pdf_docs/
160018187481745_Virginia%20
Tech%20%20Measuring%20the%20Effects%20of%20Drone%20Delivery%20in%20the%2
0United%
20States_September%202020.pdf (hereafter, Virginia Tech Drone Delivery 
Study).
---------------------------------------------------------------------------
    Relatedly, to ensure adequate food supply and equitable food prices 
for Americans, drones can enable the next generation of precision 
agriculture. With fewer entrants into the agricultural labor force each 
year, the agriculture industry is looking to increase its use of 
technology and automation to keep pace with a growing population's 
demand for food. There are over 900 million acres of farmland in the 
United States, and UAS operation is the most efficient way to routinely 
monitor this land.
    Enhancing Sustainability. Promoting innovative aviation 
technologies such as UAS furthers sustainability and environmental 
priorities. A wide variety of industries are counting on UAS to help 
decarbonize their operations, particularly those that currently rely on 
larger, louder gas-powered vehicles (whether aerial or surface-based) 
to inspect infrastructure or deliver goods or services.
    Existing commercial drone deployments have already demonstrated a 
net positive impact on the environment--including reductions in overall 
noise levels and CO2 greenhouse gas emissions. For example, 
two 2021 studies found that drone-based delivery reduced delivery 
carbon emissions and energy usage by 96-98 percent compared to cars, a 
significantly larger reduction than switching to EVs.\14\ The Virginia 
Tech Drone Delivery Study indicated that enabling drone delivery in a 
single U.S. metropolitan area could avoid up to 294 million miles per 
year in road use; that is equivalent to taking 25,000 cars off the 
road, and reducing carbon emissions by up to 113,900 tons per year. 
This reduction of carbon emissions is the equivalent of planting 46,000 
acres per year of new forest.
---------------------------------------------------------------------------
    \14\ Rodrigues et al, ``Drone flight data reveal energy and 
greenhouse gas emissions savings for small package delivery'' (Cornell 
Univ. arXiv.org, Nov. 2021); Zipline, ``A First-Ever Look at the 
Sustainability of Autonomous Aerial Logistics'' (Zipline Blog, Nov. 
2021).
---------------------------------------------------------------------------
    The use of UAS as a substitute for ground vehicle trips leads to a 
sustainability impact orders of magnitude greater than what can be 
achieved through any other method. Light electric drones generate only 
2-3 percent of the carbon emissions compared to an electric vehicle, 
meaning that substituting UAS trips for ground vehicle trips has an 
unrivaled decarbonization impact. In particular, UAS often substitute 
for the least efficient and most carbon-intensive transportation tasks. 
For example, state departments of transportation have begun to use 
drones to inspect bridges. In some cases, inspection crews can use 
electric drones instead of sending large semi-trucks known as snooper 
trucks, which often have a gas mileage lower than 5 mpg.\15\
---------------------------------------------------------------------------
    \15\ Last year, for example, North Carolina DOT and CDA member 
Skydio worked together to secure a first-of-a-kind statewide waiver 
from the FAA enabling the use of drones BVLOS to inspect bridges. See 
https://www.ncdot.gov/news/press-releases/Pages/2020/2020-10-05-drone-
bridge-inspection-waiver.aspx. If North Carolina DOT could use drones 
to inspect 5,000 of its approximately 14,000 bridges, the environmental 
impact would be equivalent to taking 1,000 cars off the road. See also 
Brendan Groves, How Drones Can Unlock Greener Infrastructure 
Inspection, World Economic Forum, August 10, 2021, https://
www.weforum.org/agenda/2021/08/how-drones-unlock-greener-
infrastructure-inspection/.
---------------------------------------------------------------------------
    Additionally, UAS play a key role in supporting and encouraging the 
transition from fossil fuels to renewable energy. UAS enable increased 
efficiencies in both the construction and operation phases of renewable 
energy plants--such as solar, wind, nuclear, and hydro. In short, UAS 
make renewable energy projects more economically viable and cost-
effective by facilitating less-costly inspections of such 
infrastructure.
    Commercial UAS also are used to reduce GHG emissions in the oil & 
gas industry through early detection of loss of containment (e.g., oil 
leaks) and fugitive emissions (e.g., methane gas leaks). UAS also 
reduce the carbon footprint associated with in-field time dedicated to 
historical monitoring, inspection and maintenance operations in 
industrial markets. There are over 900,000 well pads and 500,000 miles 
of pipeline in the United States. Every inch of those assets needs to 
be continually monitored for defects and leaks to properly assure 
safety and reduce GHG emissions.
    Industries are counting on UAS to help decarbonize their 
operations, and integrating UAS into the supply chain and the American 
economy can play a central role in helping achieve climate and 
sustainability goals.
    Promoting Equity. Supporting the UAS industry provides Congress 
with a unique opportunity to advance equity initiatives and ensure 
expanded access for underserved or remote communities. Drones have the 
potential to play a key role in delivering essential goods and medical 
supplies to difficult-to-reach populations \16\ and to vulnerable 
populations that are mobility challenged or lack access to a 
vehicle.\17\ For example, an American company recently received the 
State Department's Award for Corporate Excellence for using drones to 
provide COVID-19 vaccines to rural and remote communities in foreign 
countries.\18\ There is no reason such benefits cannot be brought to 
American communities as well. An appropriately tailored regulatory 
framework would enable the delivery of medical, lifesaving and other 
critical supplies to remote, rural and tribal areas, and the millions 
of Americans living in so-called ``pharmacy deserts'' or struggling to 
get health care in the face of mounting rural hospital closures. 
Similarly, use of UAS to inspect critical infrastructure across the 
country offers economically hard-hit localities with limited budgets 
the opportunity to enhance safety at a fraction of the cost.
---------------------------------------------------------------------------
    \16\ Recently, Ghana began using drones to provide COVID-19 vaccine 
delivery to rural hospitals nationwide, ensuring that rural doctors and 
nurses have equal access to these lifesaving vaccines as their urban 
counterparts. See https://www.gavi.org/vaccineswork/covax-vaccines-
take-air-drone.
    \17\ Virginia Tech Drone Delivery Study, at vi (noting that drone 
delivery could benefit up to 66,000 people in a single metropolitan 
area who lack access to a vehicle).
    \18\ U.S. Department of State, Secretary of State's Award for 
Corporate Excellence--United States Department of State (2021).
---------------------------------------------------------------------------
    Drones also democratize aviation, providing a gateway to aviation 
in a manner far less expensive and far easier to access than 
traditional aviation, which has high barriers in the form of aircraft 
rentals, traditional pilot certification, and access to airports. 
Drones are helping to inspire a new and more diverse generation of 
Americans to study STEM and embark on careers that span the spectrum in 
aviation, from engineering and design, to maintenance and operations.
    Promoting Infrastructure Resilience. As our country makes massive 
investments in infrastructure, UAS can play a critical role in making 
those investments go farther. In terms of scale, the current number one 
commercial use case for UAS is the inspection of critical 
infrastructure. UAS promote infrastructure resilience by enabling 
unprecedented awareness of infrastructure health, including the 
creation of digital twins to track changes and damage over time. Due to 
their ease of use compared with traditional means of inspection, UAS 
can significantly increase the frequency and efficiency inspections--
helping to preserve existing infrastructure and expedite construction 
times on new infrastructure. For example, drones help to reduce the 
odds of a train derailment and increase the uptime of train systems 
across the Nation's 140,000 miles of rail track.\19\
---------------------------------------------------------------------------
    \19\ https://www.skydio.com/blog/BVLOS-for-remote-drone-
operations/.
---------------------------------------------------------------------------
    Ensuring Global Competitiveness. American competitiveness in the 
global economy and U.S. leadership in global aviation is at risk due to 
a lack of regulatory certainty and risk-appropriate oversight for UAS. 
Global competitors--including countries like China--are determined to 
win the next century of aviation and capture the jobs and societal 
benefits that accompanied America's leadership in the first century of 
flight. Due in part to the regulatory barriers here in the U.S. and 
Chinese-state subsidized companies, roughly 70-90 percent of the drone 
market is controlled by non-U.S. companies. The Civil Aviation 
Administration of China has just published a detailed plan outlining 
how China will enable the use of drones for use cases such as inner-
city logistics and long-haul goods transport to be a ``global civil 
aviation power.'' \20\ The plan also buttresses China's continued 
commitment to lead the world in the development of small drones for 
inspection and situational awareness--a sector in which Chinese state-
subsidized companies already control the vast majority of the U.S. and 
global markets.\21\
---------------------------------------------------------------------------
    \20\ ``China drafts roadmap to boost its civilian drone industry,'' 
August 23, 2022, found at https://eandt.theiet.org/content/articles/
2022/08/china-drafts-roadmap-to-boost-its-civilian-drone-industry/.
    \21\ Cate Cadell, Drone Company DJI Obscured Ties to Chinese State 
Funding, Documents Show, Washington Post, February 1, 2022, available 
at https://www.washingtonpost.com/national-security/2022/02/01/china-
funding-drones-dji-us-regulators/.
---------------------------------------------------------------------------
    Many U.S.-based companies have invested heavily in, and in some 
cases moved, operations to allied countries (including to Australia, 
Japan, Africa, Europe and the United Kingdom) as foreign regulatory 
bodies have taken proactive steps to enable the UAS marketplace, such 
as the comprehensive operational and Uncrewed Traffic Management (U-
SPACE) regulations implemented by the European Union. For example, 
Zipline and Wing have each performed hundreds of thousands of BVLOS 
deliveries around the world, flying tens of millions of miles 
autonomously. Not only do those operations provide significant 
immediate benefits to those countries, but by providing a clear pathway 
from drone companies to scale and achieve commercial viability, those 
countries are able to attract investment and jobs in this emerging 
sector. By contrast, regulatory uncertainty in the U.S. has forced many 
American UAS companies to shut down. If companies can iterate new 
models of aircraft and operations and scale their businesses in other 
countries, the U.S. will continue to experience a loss of UAS 
investment, innovation, and competition. Once a company is operating 
abroad, it is unlikely to shift its investments back to the U.S. 
without regulatory certainty, and the American UAS industry falls 
behind.
    Enhancing Homeland Security and Emergency Response. UAS can provide 
significant homeland security and emergency response benefits. They are 
frequently utilized in emergency situations, including helping 
communities recover after hurricanes and other natural disasters by 
providing Internet connectivity and providing data that assists with 
cleanup efforts. UAS are frequently employed for public safety to 
assist first responders with situational awareness in the context of 
criminal investigations, firefighting, and more.
    Supporting National Security. A thriving domestic UAS industry that 
stays at the forefront of innovation is important for economic 
security, driving investment and creating jobs. It also is important 
for national security. In recent years, U.S. Federal agencies have 
issued warnings about systems made by companies connected to countries 
of concern and expressed a need to deploy secure, domestically produced 
drones. Congress has also taken action, banning the Defense Department 
from buying certain foreign-made drones.\22\ As UAS technology 
increasingly revolves around network-connected operations, data 
security is important, especially for use cases involving sensitive 
data. Maintaining a strong and secure domestic UAS industry promotes 
competitiveness and protects national security.
---------------------------------------------------------------------------
    \22\ National Defense Authorization Act for Fiscal Year 2020, 
Section 848 (P.L. 116-92).
---------------------------------------------------------------------------
    Upgrading Our U.S. Agricultural Supply Chain. The benefits of 
drones can be leveraged to enhance the U.S. supply chain particularly 
in the context of precision agriculture and bulk materials. As the 
world population grows from 7 billion to an estimated 9 billion by 
2050, agricultural consumption is predicted to increase by 69 percent. 
Drones can play a vital role in helping the agriculture industry meet 
this growing demand.
V. CONCLUSION
    The opportunity cost of inaction continues to grow as the gap 
between technology and policy in the United States continues to widen. 
Congress has the opportunity in the next FAA Reauthorization to close 
this gap and bring the benefits of commercial drones to the American 
public. The CDA appreciates the opportunity to appear before you today 
to provide our perspective in support of your work. We look forward to 
continuing to collaborate with you and your staffs to ensure that 
America is able to maintain and enhance our global leadership in 
advanced aviation in years to come.

    Senator Sinema. Thank you. Our next witness is Gregory 
Davis, President and Interim Chief Executive Officer of 
Eviation, a developer and manufacturer of electric aircraft. 
Mr. Davis is also a licensed commercial pilot and has over 15 
years in leadership roles at aerospace companies. Mr. Davis, 
thank you for joining us remotely today. You are recognized for 
your opening statement.
    Mr. Davis. Thanks very much for having me today. As you 
said, my name is Gregory Davis, and I am the--CEO of Eviation--
manufacture electric aircraft--[technical problems]--coming to 
Washington. We are manufacturing the world's first all electric 
commuter aircraft, integrating----
    [Technical problems.]
    Senator Sinema. Mr. Davis, we are having a little bit of 
trouble hearing you. You are cutting in and out. If it is OK 
with you, I am going to have our tech folks work on that for a 
second and we will move on and then come back. Is that OK with 
everyone? Great.
    So we will move to our next witness, retired Colonel Steven 
Luxion, who prefers to go by Lux--I like it. Lux is the 
Executive Director of the Alliance for System Safety of UAS 
through Research Excellence at Mississippi State University's 
Stennis Space Center campus.
    He previously served in the U.S. Air Force for more than 30 
years, where he led the Air Force's first armed UAV squadron. 
Lux, thanks for joining us today, and you are recognized for 
your opening statement.

         STATEMENT OF COLONEL [RET.] STEPHEN P. LUXION,

        EXECUTIVE DIRECTOR, FAA CENTER OF EXCELLENCE FOR

               UNMANNED AIRCRAFT SYSTEMS [ASSURE]

    Mr. Luxion. Thank you. Thank you, Chair Sinema, Ranking 
Member Cruz, and members of the subcommittee. Thanks for the 
opportunity to testify today about uncrewed aircraft systems or 
UAS.
    I will speak today for my 7 years' experience as the 
Executive Director of Assure, a Mississippi State University 
led alliance of 26 leading research universities and over 100 
industry and Government partners that serve as the FAA Center 
of Excellence. I also served 30 years in the Air Force, where I 
was fortunate to play a leadership role in the integration of 
UAS.
    From this perspective, I have to say, it is mostly a good 
news story of innovation, growth, development, and safety. In 
2014, Congress called on the FAA to establish a UAS Center of 
Excellence to provide the academic research, data, and support 
necessary to inform the FAA and its regulatory responsibilities 
to integrate uncrewed aircraft safely and efficiently into the 
national airspace system.
    In 2015, the FAA awarded Assure that responsibility through 
a competitive process. A lot has happened in the 7-years since 
Assure was established. With the tremendous support of 
Congress, Assure has grown from a half a million appropriation 
to $14 million in matched funding annually.
    To date, congressional support for the FAA through Assure 
is approximately $91 million. These funds have supported more 
than 60 projects, including advanced air mobility, 
cybersecurity, and the integration of UAS for disaster 
response, just to name a few.
    Assure research has supported FAA rulemaking and the 
development of industry consensus standards. Additionally, 
Assure continues to develop a network of worldwide affiliations 
to harmonize rulemaking and standards globally.
    Canada, the United Kingdom, Israel, and Singapore now have 
affiliate universities in the Assure consortium. Currently, 
Assure is in discussions with Australia and New Zealand to 
develop affiliations there.
    The COE's work supporting the FAA has led to other 
developments. We are engaged in nine studies for NASA, which 
investigate the technologies to support uncrewed aircraft 
traffic management so critical to beyond visual line of sight 
operations, multi-UAS control, and improved aviation weather 
forecasting below 500 feet.
    Congress has also supported Assure through FEMA and NIST in 
the integration of UAS technology into public safety and 
disaster response. Assure is leading the development of Assured 
Safe, a federated ecosystem that will provide standards, 
education, training, testing, certification, and credentialing 
of first responders' use of UAS in the systems themselves.
    Although progress is being made on integration, there are 
two areas that I believe need attention. First, there is a need 
for a national UAS road map. From the COE perspective, I see 
the FAA waiting on signals and investment from industry to tell 
it where to focus its regulatory efforts. But industry is 
waiting on the FAA to develop pathways to certification and 
operations to help reduce their regulatory risk.
    The FAA should produce a detailed regulatory roadmap that 
includes identification of specific regulations and standards 
to support industry and public safety, an office of primary 
responsibility for each, and the research necessary to inform 
their development. It is critical that this road map have 
milestones and actual dates.
    The FAA should involve key stakeholders, including 
industry, academia, and standard committee leadership in the 
development of this plan. A detailed roadmap would help all 
stakeholders, including Congress, to provide appropriate 
resources, measure success, and make adjustments as required.
    Second, Assure requests that Congress suspend its policy on 
cost share to help improve diversity and inclusion and also 
increase the amount of research that is so needed to speed 
rulemaking in standards development.
    As we look to grow our capability--as we looked to grow our 
capability and capacity, and include more partners, we found 
that cost share requirements are an obstacle to participation 
for minority serving institutions.
    Moreover, during the pandemic, Assure and the FAA 
demonstrated that cost share--reduced cost share requirements 
led to actually greater participation in research. A trial 
period of relief would increase participation of minority 
serving institutions in research and eliminate the financial 
burden and risk across all COE universities.
    Increased regulatory progress would also incentivize 
industry to stay actively engaged. Thank you for your recent 
efforts to help secure the FAA's extension of Assure as its UAS 
Center of Excellence through May 2025. I look forward to your 
questions and collaborating with you and your staffs in the 
future.
    [The prepared statement of Mr. Luxion follows:]

        Prepared Statement of Colonel [Ret.] Stephen P. Luxion,
            Executive Director, FAA Center of Excellence for
                   Unmanned Aircraft Systems [ASSURE]
    Chair Sinema, Ranking Member Cruz, and members of the subcommittee, 
thank you for this opportunity to testify today about uncrewed aircraft 
systems (UAS).
    I will speak today from my seven years' experience, as the 
Executive Director of ASSURE, a Mississippi State University led 
alliance of 26 research universities and over 100 industry and 
government partners that serve as the FAA's Center of Excellence. I 
also served 30 years in the U.S. Air Force, where I was fortunate to 
play a leadership role in the integration of UAS. From this 
perspective, I have to say it is mostly a good news story of 
innovation, growth, development, and safety.
    In 2014, Congress called on the FAA to establish a UAS Center of 
Excellence to provide the academic research, data, and support 
necessary to inform the FAA in its regulatory responsibilities to 
integrate uncrewed aircraft safely and efficiently into the National 
Airspace System. In 2015, the FAA awarded ASSURE that responsibility 
through a competitive process.
    A lot has happened in the seven years since ASSURE was established. 
With the tremendous support of Congress, ASSURE has grown from the 
original half a million appropriation to $14 million in matched funding 
annually. To date, congressional support for the FAA through ASSURE is 
approximately $91 million. These funds have supported more than 60 
projects, including advanced air mobility, cyber security, and the 
integration of UAS for disaster response, just to name a few. ASSURE's 
research has supported FAA rulemaking, and the development of industry 
consensus standards.
    Additionally, ASSURE continues to develop a network of worldwide 
affiliations to harmonize rulemaking and standards globally. Canada, 
the United Kingdom, Israel, and Singapore now have affiliate 
universities in the ASSURE consortium. Currently, ASSURE is in 
discussions with Australia and New Zealand to develop affiliations 
there.
    The COE's work supporting the FAA has led to other developments. We 
are engaged in nine studies for NASA, which investigate the 
technologies to support uncrewed aircraft traffic management critical 
to beyond-visual-line-of-sight operations, multi-UAS control, and 
improved aviation weather forecasting below 500 feet.
    Congress has also supported ASSURE (through FEMA and NIST) in the 
integration of UAS technology into public safety and disaster response. 
ASSURE is leading the development of ``ASSUREd Safe,'' a federated 
ecosystem that will provide standards, education, training, testing, 
certification, and credentialing of first responders' use of UAS and 
the systems themselves.
    Although progress is being made on integration, there are two 
areas, that, I believe, need attention. First, there is need for a 
National UAS Roadmap. From the COE perspective, I see the FAA waiting 
on signals and investment from industry to tell it where to focus 
regulatory efforts. But industry is waiting for the FAA to develop 
pathways to certification and operations to help reduce their 
regulatory risk. The FAA should produce a detailed regulatory roadmap 
that includes identification of specific regulations and standards to 
support industry and public safety, an office of primary responsibility 
for each, and the research necessary to inform their development. It is 
critical that this roadmap have milestones and actual dates. The FAA 
should involve key stakeholders including industry, academia, and 
standard committee leadership, in the development of this plan. A 
detailed roadmap would help all stakeholders, including Congress, to 
provide appropriate resources, measure success, and make adjustments, 
as required.
    Second, ASSURE requests that Congress suspend the cost-share policy 
to help improve diversity and inclusion, and also increase the amount 
of research needed to speed rulemaking and standards development. As we 
have looked to grow our capability and capacity, and include more 
partners, we have found that cost-share requirements are an obstacle to 
participation for Minority Serving Institutions. Moreover, during the 
pandemic, ASSURE and the FAA demonstrated that reduced cost-share 
requirements led to greater participation and research. A trial period 
of relief would increase participation of Minority Serving Institutions 
in research, and eliminate the financial burden and risk across all COE 
universities. Increased regulatory progress would also incentivize 
industry to stay actively engaged.
    Thank you for your recent efforts to help secure the FAA's 
extension of ASSURE as its UAS COE though May 2025. I look forward to 
your questions and collaborating with you and your staffs in the 
future.

    Senator Sinema. Thank you. We are still working through 
some of the technical difficulties with Mr. Davis, so we will 
move on to our next witness. Welcome to an Arizonan, Stephane 
Fymat, Vice President and General Manager for Honeywell 
Aerospace's Unmanned Aerial Systems and Urban Air Mobility 
Business Unit.
    He has led Honeywell's Aerospace UAS, UAM business unit 
since its creation in March 2020. Mr. Fymat, thank you for 
traveling from Phoenix to Washington D.C. to testify today, and 
you are recognized for your opening statement.

    STATEMENT OF STEPHANE FYMAT, VICE PRESIDENT AND GENERAL 
   MANAGER, URBAN AIR MOBILITY AND UNMANNED AERIAL SYSTEMS, 
                      HONEYWELL AEROSPACE

    Mr. Fymat. Chair Sinema, Ranking Member Cruz, members of 
the Subcommittee, thank you for the invitation to today's 
hearing to discuss Honeywell's perspective on the upcoming FAA 
Reauthorization Act, with respect to integrating new entrants 
into the national airspace system.
    My name is Stephane Fymat. I am the Vice President and 
General Manager of Honeywell's Urban Air Mobility and Unmanned 
Aerial Systems Business Unit. Honeywell Aerospace is proudly 
based in Arizona, a leader in the aerospace industry, and home 
to 19 of our facilities and nearly 7,000 employees.
    Honeywell invented the autopilot over 100 years ago and 
continues to innovate to this day. We are in a great position 
to help shape the future of advanced aerial mobility. Our Urban 
Aerial Mobility Lab in Phoenix is where we are pioneering 
technologies without which these aircraft just are not 
possible.
    Examples include automated flight control and actuation 
systems, electric propulsion systems that enable ultra-quiet 
and emission free aircraft, detect and avoid systems to prevent 
collisions with other aircraft and obstacles.
    In particular, Honeywell invests a large portion of our R&D 
into technology that makes flight more sustainable, such as 
electric power generation, hydrogen fuel cells, and sustainable 
aviation fuel. These new aircraft are set to be the most 
profound change in the aerospace industry and in people's lives 
since the invention of the jet engine.
    They will take off and land vertically, just like a 
helicopter, and fly on their wings just like an airplane. 
During takeoff and landing, they are no louder than a modern 
dishwasher, enabling them to pick you up and drop you off right 
in your neighborhood. They can do the same for cargo, enabling 
companies to fly goods directly from warehouse to warehouse and 
streamline the supply chain.
    Small drones can drop off small parcels directly to your 
home and emergency supplies to disaster areas. However, the 
lack of a clear pathway to the certification of these aircraft 
and an absence of regulation to enable long distance, 
commercial drone operations challenge this industry.
    Countries that lead in the development of new modes of 
transportation establish or reaffirm their global leadership. 
We have seen this before in the auto industry, the rocket 
industry, and the airline industry. But developing is not 
enough. We must also lead in implementation as well.
    Like the U.S. has done in the past with the interstate 
highway system and like Europe has done with high speed rail, 
this is the next new mode of transportation, and it is playing 
out today. The pace of technology innovation is accelerating, 
which means that the pace of regulation must also accelerate, 
or the United States will be left behind. It is time to come 
together to remove the regulatory gaps and make this a reality.
    We recommend that Congress mandate the FAA to have AAM 
aircraft certification regulations enacted by 2024. Validate 
AAM aircraft certified in Europe using our existing bilateral 
aviation safety agreements. Ensure its regulations are 
harmonized with these countries by 2024.
    Develop certification standards for autonomous aircraft, 
including unpiloted and reduced crew cargo and passenger 
carrying vehicles. And complete the rulemaking to enable 
regular beyond visual line of sight operations for drones of 
all sizes by 2024. At Honeywell, our single minded mission is 
to co-create, together with leading aircraft designers, the 
advanced aerial mobility industry.
    I commend Chair Sinema, Senator Moran, and the committee 
for the recent passage of the bipartisan Advanced Air Mobility 
Coordination and Leadership Act. I also applaud the efforts of 
the FAA, particularly in the Beyond Visual Line of Sight 
Rulemaking Committee, for working more closely with industry 
and stakeholders.
    Next year's FAA Reauthorization Act presents an important 
opportunity for Congress to make U.S. global leadership in AAM 
and drones a top national priority and address the remaining 
regulatory gaps. Thank you for the opportunity to be here, and 
I look forward to your questions.
    [The prepared statement of Mr. Fymat follows:]

        Prepared Statement of Stephane Fymat, Vice President and
    General Manager, Urban Air Mobility and Unmanned Aerial Systems,
                          Honeywell Aerospace
    Chair Sinema, Ranking Member Cruz, and members of the subcommittee,

    Thank you for the invitation to join today's hearing to discuss 
Honeywell's perspective on the upcoming FAA Reauthorization Act with 
respect to integrating new entrants into the National Airspace System.
    My name is Stephane Fymat, I am the Vice President and General 
Manager of Honeywell's Urban Air Mobility and Unmanned Aerial Systems 
business unit. Honeywell Aerospace is proudly based in Arizona, a 
leader in the aerospace industry and home to 19 of our facilities and 
nearly 7,000 employees.
    Like the aviation industry we thrive on today, Honeywell Aerospace 
started its aerospace journey over 100 years ago by inventing the 
autopilot and continues to do so to this day. We are therefore uniquely 
positioned to help shape the future of Advanced Aerial Mobility.
    Honeywell's Deer Valley facility in Phoenix, Arizona is home to our 
Urban Aerial Mobility lab--here we are innovating and pioneering many 
of the critical technologies without which these aircraft are just not 
possible, such as:

   Automated flight control and actuation systems that enable 
        these vehicles to take off like a helicopter and fly like an 
        airplane,

   Electric, hybrid-electric and hydrogen-powered propulsion 
        systems that enable ultra-quiet and emissions-free vehicles, 
        and

   Detect-and-avoid systems to prevent collisions with aircraft 
        and other objects.

    In particular, Honeywell invests a large portion of our R&D into 
next-generation technology that makes flight more sustainable, such as 
electric power generation, hydrogen fuel cells, sustainable aviation 
fuel, and more. Our commitment to sustainability is an integral aspect 
of our design of products, processes, and services, and of the 
lifecycle management of our products.
    The introduction of Uncrewed Aerial Systems (aka drones or UAS) and 
Advanced Aerial Mobility vehicles (AAM) is set to be the most profound 
change in the aerospace industry and in people's lives since the 
invention of the jet engine.
    These new aircraft take-off and land vertically, just like a 
helicopter, and fly on their wings, just like an airplane. During 
takeoff and landing, they are no louder than a modern dishwasher, 
enabling them to pick you up and drop you off right in your 
neighborhood. They can do the same for mid-sized cargo, enabling 
organizations to skip the airports and ship goods directly from 
warehouse to warehouse to streamline the supply chain. Small drones can 
drop off small parcels directly at your home, emergency supplies to 
disaster areas, and urgent and vital medical packages to paramedics and 
hospitals.
    However, there are challenges that threaten to delay the emergence 
and development of this industry, including the lack of a clear pathway 
to the certification of these aircraft and an absence of necessary 
regulations to enable long-distance commercial drone operations.
    Countries that lead in the development of new modes of 
transportation establish or reaffirm their global leadership. We have 
seen this before--in the automobile industry, the rocket industry and 
the jet airliner industry.
    Countries that lead in the implementation of new modes of 
transportation within their borders also establish or reaffirm their 
global leadership. We have also seen this before--in the U.S. with the 
interstate highway system, and in Europe with high-speed rail. Advanced 
Aerial Mobility is the next new mode of transportation, and it is 
playing out today.
    The pace of technology innovation is accelerating, which means that 
the pace of regulation must also accelerate--or the United States will 
be left behind.
    At Honeywell, our single-minded mission is to co-create, together 
with leading aircraft designers, the advanced aerial mobility industry. 
We see a world where:

   Urban and regional air travel is safe, accessible and 
        ubiquitous,

   100-mile trips are made in less than 45 minutes door-to-
        door,

   Cargo can be delivered autonomously to both rural and urban 
        areas--from the warehouse to your door,

   Same day delivery is possible even in remote locations,

   Challenging but essential missions like border patrol and 
        pipeline inspections can be done at scale, autonomously,

   And all the above can be done without major infrastructure 
        expansion (e.g., roads, airports)

    It's time to come together--as policymakers, regulators, and 
technology leaders--to address aerial mobility and remove regulatory 
gaps remaining on the path to success.
    Congressional and White House leadership is critical to:

  a.  First, prioritize the regulatory urgency required to achieve U.S. 
        global leadership in UAS and UAM, this must become a national 
        priority to succeed; for all regulatory priorities the timeline 
        to achieve them is a critical factor to industry success and 
        U.S. leadership, there must be an ambitious expedited timeline 
        set out by Congress to ensure regulatory urgency and drive 
        integration;

  b.  Second, to ensure a whole-of-government coordinated approach 
        across Federal agencies and collaboration with industry, state 
        and local governments, and stakeholders;

  c.  Last, to ensure the Federal government invests the resources 
        necessary to accomplish these goals.

    In order for the United States to maintain its global leadership 
position and to enable industry, we recommend Congress directs the FAA 
to address the following regulatory gaps:
Aircraft Certification
  1.  Mandate the FAA to have certification regulations for piloted 
        VTOL aircraft enacted by 2024. Without regulation by 2024, U.S. 
        AAM manufacturers will be left behind their global 
        counterparts, the public will not reap the benefits of flying 
        on these aircraft, and the United States will miss a crucial 
        opportunity to lead the future of aviation.

  2.  Mandate the FAA to validate AAM aircraft certified by the 
        European Union Aviation Safety Agency (``EASA''), the United 
        Kingdom's Civil Aviation Authority (``UK CAA'') and other 
        similar authorities using our existing bilateral aviation 
        safety agreements and associated technical implementation 
        procedures. The United States already has the regulatory 
        frameworks in place to accept foreign aircraft certifications. 
        Reaffirming this fact with a mandate provides a clear pathway 
        for any foreign manufacturer to have their aircraft certified 
        in the United States and ensure that the United States public 
        is at the front of the line to receive the benefits of all 
        these aircraft--wherever they may have originated from.

  3.  Mandate the FAA to ensure that its aircraft certification 
        regulations are harmonized with EASA and UK CAA by 2024. FAA 
        global leadership is needed to harmonize AAM certification with 
        EASA and other countries to ensure that AAM can grow as a 
        global industry and that American aircraft manufacturers and 
        operators can access vital international markets for AAM.

  4.  The FAA should prioritize the development of certification 
        standards for autonomous aircraft, including unpiloted and 
        reduced-crew cargo and passenger-carrying vehicles. This will 
        enable the United States to lead in autonomous aviation, and to 
        accelerate the introduction of safe autonomy and automation 
        technologies into aircraft.
Operations Regulation
  5.  The FAA should complete rulemaking to enable regular Beyond 
        Visual Line of Sight (BVLOS) operations for all UAS vehicles by 
        2024. BVLOS regulations are critical to the UAS industry, not 
        just for small drones, but for drones of all sizes. Without 
        them the industry cannot scale, innovation will be stifled and 
        drone-related services in the United States will be severely 
        limited.
  6.  The FAA should complete certification rules for the operation of 
        both piloted AAM aircraft and drones in the United States by 
        2024. The current set of rules apply to small drones but leave 
        a gap for larger ones that are more practical for missions such 
        as transporting cargo and supplies.

    I commend Chair Sinema, Senator Moran, and the Members on this 
Committee, for supporting the success of this industry through 
legislation like the recent passage of the bi-partisan Advanced Air 
Mobility Coordination and Leadership Act.
    I also applaud the efforts of the Federal Aviation Administration, 
particularly over the last several years including the BVLOS Aviation 
Rulemaking Committee (ARC), to work more closely in partnership with 
industry and stakeholders to drive regulatory progress.
    Next year's FAA Reauthorization Act comes at a critical time and 
presents an important opportunity for Congress to take decisive action 
to prioritize U.S. global leadership and address the regulatory gaps 
that inhibit UAS and UAM industry growth.
    If we as a country miss this opportunity, we will likely see 
another country replace the United States as the new global leader in 
aviation technology in the coming decade.
    Success will require a more coherent whole-of-government 
coordination and partnership with state and local governments, 
industry, and stakeholders. Working together, I am confident we can 
achieve this outcome.
    Thank you for the opportunity to be here today and I look forward 
to your questions.

    Senator Sinema. Thank you. Next, we have Ed Bolen, the 
President and CEO--President and CEO of the National Business 
Aviation Association. Mr. Bolen has led NBAA since 2004 and 
previously served in senior leadership roles at the General 
Aviation Manufacturers Association.
    He was appointed by President George W. Bush to serve on 
the Commission on the Future of the U.S. Aerospace Industry. 
Mr. Bolen, thank you for joining us today, and you are 
recognized for your opening statement.

                 STATEMENT OF EDWARD M. BOLEN,

             PRESIDENT AND CHIEF EXECUTIVE OFFICER,

             NATIONAL BUSINESS AVIATION ASSOCIATION

    Mr. Bolen. Well, thank you, Chair Sinema, Ranking Member 
Cruz, members of the Subcommittee. It is a great honor to be 
here today talking about an important milestone in the 
evolution of on demand air mobility. You know, for decades, the 
National Business Aviation Association has represented 
companies that rely on general aviation aircraft to get people 
and products where they need to be, when they need to be there.
    Over the decades, that has been evidenced in a variety of 
technologies. Companies have used biplanes and monoplanes, 
fixed wing aircraft, and rotor wing aircraft. They have used 
propulsion systems, including radios and pistons and turbines.
    And the aircraft themselves have been built with wood and 
fabric, aluminum, and composites. Today, the United States is 
fortunate to have the world's largest, safest, most efficient, 
and most diverse air transportation system in the world, and 
our work--country has benefited enormously from that.
    But today, we have an opportunity to talk about 
technologies that can do even more. In your opening remarks, 
several of you mentioned the importance of predictability and 
certainty. And let me say this, we are all certain that 
advanced air mobility has the potential to bring enormous 
benefits to our country, to our citizens, to our communities.
    It has the potential to bring societal benefits, and 
economic benefits, and national security benefits. As the 
ability to make on-demand air mobility more sustainable, more 
accessible, more affordable, we want, and we need advanced air 
mobility. Here are some of the things that we as a country need 
to do.
    As Stephane said we need to make it a national priority. We 
need a coordinated national strategy. We also need 
transparency, communication, and certainty in our regulations 
and our process. We need to have concurrent collaborative work 
being done. Like the others, I want to thank Senators Sinema 
and Moran for the AAM Coordination and Leadership Act.
    That is important because it brings together different 
departments within the U.S. Government to make sure we are 
working together not at cross-purposes. I also want to focus on 
what we need to do in terms of coordination and communication 
within the FAA. And that is we need to be concurrent and 
collaborative across all of the various lines of business.
    In order for AAM to come to the forefront, companies will 
need to get type certificates. They will need to get production 
certificates. The operators will need operation specifications. 
And we are going to need an infrastructure that facilitates 
those operations. We need to work collaboratively and 
concurrently for all of those eventualities, not sequentially, 
one after another.
    This is an important opportunity. And I have already 
mentioned the infrastructure and it is an infrastructure that 
is forward looking. Today, the United States is blessed to have 
an amazing network of general aviation airports, 5,000 public 
use airports. They are in every Congressional District. They 
are in some of our tribal areas.
    They provide access to our air transportation system, to 
the world economy. In order for us to move forward, we need to 
recognize that the infrastructure of the future will require 
electrification. It may require hydrogen.
    We have an opportunity to build for the future now. Here 
again, I want to thank Senator Moran, who worked with Senator 
Padilla to introduce, and this committee has passed, the 
Advanced Aviation Infrastructure Modernization Act, an 
important opportunity to plan--to provide grants for the 
planning and construction of the infrastructure of tomorrow.
    We need to be about that today. We also need to focus on 
the workforce of tomorrow. We are talking about technologies 
that are relying on electric propulsion, things that we don't 
necessarily have expertise within the FAA and within some of 
the communities.
    We need to focus on how we bring the best and the brightest 
into our community as we go forward. As I said before, this is 
an important milestone in the evolution of transportation. It 
has the opportunity to benefit American citizens, communities, 
and our country.
    We look forward to working closely with every member of 
this committee, every Member of Congress, everyone in the 
executive branch, and people all over the country to realize 
the benefits of advanced air mobility. Thank you.
    [The prepared statement of Mr. Bolen follows:]

       Prepared Statement of Edward M. Bolen, President and CEO, 
                 National Business Aviation Association
    Chair Cantwell, Ranking Member Wicker, Subcommittee Chair Sinema, 
Subcommittee Ranking Member Cruz and members of the Subcommittee on 
Aviation Safety, Operations, and Innovation, thank you for holding this 
hearing to address the integration of new entrants into the national 
airspace system (NAS). On behalf of the National Business Aviation 
Association's (NBAA's) 11,000-member companies and our Advanced Air 
Mobility Roundtable, I am honored to testify at this hearing.
    NBAA's members, many of which are small businesses, rely on general 
aviation aircraft to meet some portion of their transportation needs. 
These aircraft provide connectivity to communities in every state and 
nearly every congressional district, many of which do not receive 
airline service. While those airlines serve only around 500 airports, 
business aviation can reach 5,000 airports, located in places some 
people have never heard of. This unique American idea of connecting 
each other-no matter where we live and work-doesn't make headlines, but 
it supports 1.2 million American jobs and $247 billion in economic 
output.
    As the Subcommittee knows, general aviation is an essential 
American industry that has long led the way in innovations that 
generate new technologies and new ways of thinking. We led the way with 
GPS, a transformative navigation and safety technology. We led the way 
with winglets and other technologies that drive safety and efficiency. 
We are leading the way in the next revolution in aviation, Advanced Air 
Mobility (AAM). These and other advancements make aviation safer, more 
secure and sustainable, and ensure that our country will remain the 
world's leader in aviation five, 10 and 25 years from now.
    With the current authorization of the Federal Aviation 
Administration (FAA) expiring a little more than a year from today, 
this hearing comes at a crucial time, when the United States is on the 
cusp of a new and exciting era of aviation. We appreciate the work this 
Subcommittee is already doing to engage with all stakeholders on 
priorities for a long-term FAA reauthorization bill in 2023, and we 
look forward to a robust discussion about new entrants into the NAS.
    As this committee knows, the U.S. has been at the forefront of 
aviation leadership and innovation for decades. Modern aviation was 
born on America's shores with the first powered flight in Kitty Hawk, 
North Carolina. We led the transition from piston engines to the jet 
age. We pioneered air traffic control technology and airspace policies 
that created the safest, most efficient and most diverse air traffic 
system in the world. Our robust aviation infrastructure is unparalleled 
and our workforce, while greatly affected by the COVID pandemic, 
remains the most agile, innovative and sought-after in the world.
    We have the potential to continue to lead the next phase in the 
evolution in aviation with AAM, but competition with other nations is 
fierce and rapidly advancing. Among other considerations, this means 
the FAA will need to keep pace with its promised regulatory schedule, 
so that the first AAM commercial operations can occur as soon as 2024. 
This is a critical milestone if we are to fully scale this promising 
new technology.
    In short, we stand at a critical juncture-the investments and 
policy decisions we make today will determine whether we harness the 
full economic, environmental and national security potential of AAM and 
maintain our position as a global leader in aerospace.
Advanced Air Mobility: A Pioneering Promise for Communities and 
        Commerce
    Advanced Air Mobility is an emerging form of on-demand air 
transportation powered by electric vertical takeoff and landing (eVTOL) 
technology. It can safely, securely, and successfully deliver people 
and cargo between locations, making connections that are not easily 
achievable by existing aviation technologies, such as delivering 
healthcare in remote rugged terrain, providing affordable 
transportation options within a congested metropolitan area, offering 
relief in the aftermath of a natural disaster, increasing access to 
rural or mid-sized communities, or linking the remote spokes of a cargo 
distribution network to shorten the supply chain.
    AAM has the potential to make aviation more accessible, more 
environmentally sustainable and more economically beneficial than at 
any time in history. According to a recent study by Deloitte, the AAM 
market in the United States is estimated to reach $115 billion annually 
by 2035, creating more than 280,000 high-paying jobs.\1\
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    \1\ https://www2.deloitte.com/us/en/insights/industry/aerospace-
defense/advanced-air-mobility.html
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    The development, certification and use of AAM promises to deliver a 
host of benefits, including:

   Job Creation and Economic Growth. Analysts predict the AAM 
        sector will generate hundreds of thousands of high-skilled jobs 
        in manufacturing, design and infrastructure by 2040, centering 
        around the 5,000 existing and underutilized airports in towns 
        and cities across the country. AAM will also deliver huge 
        commercial and economic benefits by increasing productivity and 
        making it easier to move key employees and goods and provide 
        services in locations across the country.

   Accessibility. AAM technologies provide passengers with a 
        safe, affordable, flexible and efficient form of mobility, 
        making AAM a valuable solution for cities struggling with road 
        congestion. It offers the potential to close the gap between 
        urban and rural communities by facilitating connections between 
        areas separated by limited public transportation and difficult 
        terrain. And it offers a critical solution for health care 
        challenges such as time-critical organ transportation.

   Sustainability. AAM is part of business aviation's many 
        efforts to become more sustainable year over year. The aircraft 
        are powered by hybrid electric systems, batteries and hydrogen 
        fuel cells, making them a highly sustainable, carbon neutral 
        form of air transport. The aircraft are also quiet, and less 
        disruptive.

   National Security. AAM will benefit America's defense and 
        national security interests. AAM vehicles are short range, 
        runway independent and automated. These innovations have real 
        national security applications, including enabling militaries 
        to more easily pursue complex missions that are currently 
        conducted using traditional modes of transport like ground 
        vehicles and helicopters. AAM technologies also have the 
        potential to elevate military use of unmanned aircraft systems 
        for national defense.

    In addition to the incredible opportunities contemplated by the 
introduction of AAM, Unmanned Aircraft Systems (UAS), often called 
drones, continue to demonstrate tremendous value and public acceptance 
in areas such as search and rescue, public safety and security, life-
saving medical supply transport, package and cargo delivery and other 
innovative transportation needs. With the FAA's first UAS certification 
recently taking place, we're excited to see additional certificated UAS 
finding their way into U.S. operations.
Needed: A Coordinated Strategy to Propel the Next Generation of U.S. 
        Aviation Leadership
    The support of Congress and the administration, along with 
collaboration among industry leaders under a coordinated, transparent 
and predictable national strategy is essential to support the emergence 
of AAM and ensure all Americans can benefit from the economic, 
environmental, national security and connectivity benefits it can 
provide. Several analysts have looked at the best way to foster this 
coordination. Among them comes guidance from McKinsey, which has 
conducted a helpful study, highlighting the ways to address the new 
challenges related to technology, regulation, cost and customer 
acceptance to achieve higher adoption rates, and unlocking a market 
that could grow to $600 billion annually \2\.
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    \2\ Are Flying Taxis in Our Future? https://www.mckinsey.com/
industries/travel-logistics-and-infrastructure/our-insights/taxiing-
for-takeoff-the-f lying-cab-in-your-future
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    Unlocking this potential is the idea behind the Advanced Air 
Mobility Coordination and Leadership Act. Thanks to the leadership of 
Subcommittee Chair Senator Kyrsten Sinema (D-AZ) and Senator Jerry 
Moran (R-KS) in the Senate, as well as Vice-Chair Sharice Davids (D-KS) 
and Ranking Member Garret Graves (R-LA) in the House, the bill is on 
its way to the President's desk to be signed into law.
    For AAM to succeed, we need coordination at the federal, state and 
local levels, and that's what the Advanced Air Mobility Coordination 
and Leadership Act calls for, requiring collaboration through a working 
group of stakeholders at all levels. This first-of-its-kind working 
group will review policies and programs to help advance the maturation 
of AAM aircraft operations and create recommendations regarding the 
safety, security and Federal investments necessary for the development 
of AAM.
    As a stakeholder organization, NBAA supports the work of 
congressional leaders to foster the growth of this promising 
technology. That's why last year, NBAA established the Advanced Air 
Mobility Roundtable, which serves as a forum for high-level policy 
planning with sector leaders to chart a course for the integration of 
AAM technologies into the Nation's airspace system. This group provides 
a voice for original equipment manufacturers and others who are 
developing electric vertical takeoff and landing transport (eVTOL) 
vehicles and other systems, with regard to airport access, airspace 
management, local community engagement and other critical priorities.
    NBAA also collaborates closely with the Congressional Advanced Air 
Mobility (AAM) Caucus, established in June of this year, which will be 
critical in helping to educate Members of Congress about this 
revolutionary emerging technology. Caucus members will work to identify 
policies that will stimulate the industry, promote safety, address 
infrastructure needs, and engage in advanced air mobility's 
modernization of existing transportation networks.
    We encourage Congress to continue to fund essential programs that 
create partnerships between government agencies, the military and 
stakeholders to bring AAM to fruition. In particular, the U.S. Air 
Force's AFWERX/Agility Prime and NASA's AAM National Campaign greatly 
aid in expediting the certification process and testing of AAM 
operations, traffic management systems, infrastructure, and 
capabilities as validating system-level concepts and solutions. NBAA's 
AAM Roundtable members including Archer Aviation, Beta Technologies, 
Joby Aviation, Supernal, and Wisk are successfully utilizing these 
programs.
    Joby Aviation and NASA collaborated with the FAA to develop five 
use cases for operations in the Dallas-Fort Worth (DFW) region. The 
report demonstrated AAM aircraft could navigate in the current National 
Airspace System between vertiports through high-volume conventional air 
traffic, and that more work should be done to develop ways to scale 
operations. In March, Beta Technologies' aircraft, Alia, became the 
first manned electric aircraft flown by U.S. Air Force pilots as part 
of its Agility Prime technology acceleration program. This paved the 
way for Alia's groundbreaking journey from New York to Arkansas, which 
covered 1,403 miles, made seven stops and spanned six states. And, most 
recently, Wisk released its Concept of Operation, citing years of 
collaboration with Boeing, the FAA and NASA.
    Congress and agency leaders understand the importance of 
government-industry partnerships to foster the development of AAM. 
Earlier this year, the FAA amended the charter for the Drone Advisory 
Committee to include AAM integration and renamed it the Advanced 
Aviation Advisory Committee (AAAC). The AAAC will serve as a valuable 
forum to advance AAM policy and advise the FAA; however, the committee 
must bring on board more AAM members to honor equal representation 
reflected in the charter, and be most effective in charting the future 
for this emerging sector.
In Focus: Certification Challenges for Emerging Aircraft Technologies
    With the electrification of aviation leading to the introduction of 
new entrants, long-established safety oversight concepts will need 
updates that reflect the latest technology, design and operations on 
the horizon. And while the pace of technological change often outruns 
the ability of regulatory standards for compliance to adjust, the 
safety of the traveling public must always remain our North Star.
    The FAA's rigorous processes for aircraft certification have long 
been a model for international acceptance of U.S. aviation products. 
Additionally, regulations set forth by the Department of Transportation 
(DOT) and FAA ensure that companies seeking to provide air 
transportation to the public comply with comprehensive operational 
safety standards. Together, these aircraft and operational approvals 
create a framework for the safe introduction of new aircraft and new 
operations. That said, regulators will need to think in new ways about 
the certification of new technologies with implications for aviation 
safety.
    That evolving shift in perspective appears to be underway: As this 
committee knows, the FAA recently changed the certification process for 
AAM aircraft. As part of that decision, the agency committed to 
introduce a Special Federal Aviation Regulation (SFAR) by 2024 to 
coincide with the planned introduction of the first advanced air 
mobility (AAM) commercial operations. This is a critical step in the 
path to enable commercial AAM operations and pilot licensing, and we 
welcome the agency's declaration that this change preserves consistency 
in certification for safety without introducing cumbersome delays to 
the necessary processes for marketplace introduction.
    We ask that this Subcommittee closely monitor the agency's stated 
goal of completing the process for AAM introduction into the NAS by 
2024. Transparency and certainty from the FAA are important. For 
example, the first aircraft type certification for an AAM aircraft is 
expected shortly, and companies are progressing toward operational 
certification, so the timely completion of an SFAR with engagement from 
industry stakeholders is crucial for the successful launch of 
commercial service.
    Adherence to the FAA's stated timetables must be viewed as a top 
agency imperative. Although operators of AAM aircraft have not yet 
sought FAA commercial operational certification, the moment is at hand 
to begin testing operational approval concepts now with FAA safety 
leaders. New aircraft and new operations frequently take a significant 
amount of time to safely evaluate, and we cannot wait until 2024 to 
begin evaluating AAM operational safety needs.
    While aircraft and operational certification are a major priority, 
we must also acknowledge the significant work happening in parallel to 
address other critical components of this new entrant capability, 
including air traffic operations and heliport and vertiport design 
considerations. Each of these work streams must integrate seamlessly if 
we hope to realize the potential benefits of our efforts.
    For example, in addition to AAM operations that focus on passenger-
carrying operations, UAS aircraft continue to demonstrate growing value 
in critical areas such as search and rescue, public safety and 
security, package and cargo delivery, life-saving medical supply 
delivery and other innovative transportation models. Proof-of-concept 
projects in the U.S. have shown public acceptance and desire for these 
services. We strongly believe these projects should set the stage for 
more predictable aircraft and operational certifications.
    As part of the upcoming FAA Reauthorization, we look forward to a 
continued dialogue on how the agency can utilize the existing 
regulatory structure and innovative operational and aircraft 
certification concepts to facilitate the safe introduction of these 
technologies. Providing general aviation with certainty for 
certification, airspace integration, operational approvals, airport 
investment and infrastructure standards development will all be 
critical for the United States to remain a global leader in aviation.
A Top Priority: New Ways of Thinking About Safe, Efficient Airspace 
        Management
    With the evolution of multiple transformative technologies, 
ensuring the NAS is ready and able to facilitate the safe integration 
of operations is critical to maintaining America's global leadership in 
safe, efficient air traffic management.
    This exciting future is one that we fully embrace. Emerging 
entrants are planning to operate within the existing airspace 
infrastructure and environment to the greatest extent possible, without 
placing an additional burden on the air traffic control system. As we 
have with all operations, over many decades, we will readily integrate 
these entrants into the NAS, under the fundamental principle that the 
public airspace welcomes all users. That said, it must be understood 
that, as operations scale, we will need regulatory changes to 
facilitate growth and above all, safety.
    For example, UAS have paved a new regulatory path for ``beyond 
visual line of sight'' (BVLOS) operations. We welcome the changes the 
agency is making to allow this segment of the industry to integrate 
safely, and we know it will speed our progress across the board in 
realizing the safety and operational benefits of emerging technologies, 
so we can bring them online.
    We can learn some lessons from the safe integration of UAS into the 
NAS. Over the past several years, initiatives, including the UAS 
Integration Pilot Program and several other test sites around the 
country, have allowed the industry and the FAA to collect data 
regarding BVLOS operations and demonstrated these operations can 
operate safely.
    Successful public-private partnerships involving new entrants are 
coming together every day. Hillwood's Alliance Texas planned community 
is centered around the world's first industrial airport, which hosts a 
Mobility Innovation Zone (MIZ). The MIZ brings together public and 
private stakeholders in suburban and urban settings to safely integrate 
UAS technologies and autonomous freight solutions. Bell Textron and 
NASA's Systems Integration have utilized the MIZ to demonstrate 
breakthroughs in ``Detect and Avoid'' and ``Command and Control'' 
flight capabilities, two components needed to safely scale and 
commercialize Advanced Air Mobility vehicles.
    It's now time to do the same with AAM through the establishment of 
local, state, tribal and government partnerships to advance the data 
collection and collaboration needed to facilitate initial and scaled 
AAM operations across the country.
    That dialogue has begun through the FAA's AAAC, but it will take 
additional representation from the AAM community on the AAAC, and some 
very specific AAM pilot programs established between the FAA, state and 
local entities, working collaboratively, to ensure continued and shared 
outcomes.
AAM's Promise in Building the Workforce of the Future
    The important dialogue about AAM integration into our Nation's 
aviation system should not overlook the technology's role in supporting 
a major industry priority: the development and support of a world-
leading workforce. By some estimates, we're looking at an astonishing 
280,000 new jobs coming online, in twenty-first century positions, 
meaning those in Science, Technology, Engineering and Mathematics.
    The subcommittee is aware that we need these jobs because we face 
significant workforce challenges, including the shortage of qualified 
pilots and technicians. According to the Boeing company, more than 
600,000 new pilots and technicians are needed to address projected 
growth in the next 20 years \3\. Meeting this projected demand is 
dependent upon the investment in a steady pipeline of newly qualified 
personnel to replace those who have left, or will soon leave the 
industry.
---------------------------------------------------------------------------
    \3\ Pilot and Technician Outlook 2022-2041: https://www.boeing.com/
commercial/market/pilot-technician-outlook/
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    The growth of the AAM sector will offer the high-skill, high paying 
jobs people want--and the FAA will need the support of Congress in 
making that happen, through workforce initiatives to focus on hiring 
people with the right technical skills to ensure the safety of these 
evolving technologies.
    The industry is ready to do its part as well. We recognize these 
new opportunities provided by UAS and AAM will require us to bridge the 
gap between technical aviation skills and technology. New types of 
training will remove significant barriers to entry into aviation, 
making it affordable and scalable, and opening doors for individuals 
who previously were unable to get started in aviation because of the 
expense of education, flight training, and certification. This new 
technology offers different ways to think about UAS and AAM flight 
operations, including unique pathways to employment and education that 
have not been seen before.
    This is the imagination behind the Promoting Service in 
Transportation Act, passed into law through the Infrastructure 
Investment and Jobs Act (IIJA), within DOT. We appreciate Chair 
Sinema's leadership on the legislation and the support of this 
Subcommittee for this measure.
    Moving toward the upcoming FAA Reauthorization, we look forward to 
building on programs from the 2018 FAA bill, including grant programs 
to support the education of future pilots, the recruitment of much-
needed aviation technicians and the introduction of other much-needed 
professionals into our sector. The careful review and adoption of the 
recommendations of the Youth Access to American Jobs in Aviation Task 
Force, and the Women in Aviation Advisory Board, will provide excellent 
starting points along these lines.
Effective Planning from Congress Has Laid the Groundwork for the Next 
        Phase in Aviation's Evolution
    More than 70 percent of passengers utilize only 30 of the Nation's 
airports. The nearly 5,000 local and regional airports will be the 
launching pad for AAM. A number of airports are collaborating with 
electric aircraft manufacturers to install AAM charging infrastructure, 
and many airports are actively planning for the arrival of electric 
aircraft, understanding the importance of supporting these new 
entrants. Airports are looking for innovative ways to adapt their 
business model and take advantage of their geographic location to 
provide the most value to leverage this fast-growing segment of the 
aviation industry. We encourage Congress to continue to find ways to 
support airports in this mission, so we can ensure regulations and lack 
of funding are not impediments to the critically needed growth of the 
sector at this crucial time.
    As the result of our already robust network of general aviation 
airports, which are located in urban centers as well as suburban and 
rural areas, many communities are ready to benefit from AAM and reap 
the benefits of decades-long federal, state, and local investment that 
has been made in this vital infrastructure. Nearly 90 percent of the 
population lives within 30 minutes of a regional airport. Due to lower 
projected travel costs, AAM will enable many more people to utilize 
their local airport for air transportation, significantly growing the 
advantages of having an airport in proximity to them.
    However, a number of communities are being shortsighted about the 
value of their airport, seeking to limit access and in some cases vying 
to shutter what is unarguably their most valuable community asset. As 
we stand on the brink of Advanced Air Mobility taking flight, with 
quieter, zero emissions electric aircraft, cities should be encouraged 
to preserve and invest in infrastructure that could be the cornerstone 
of economic revitalization and community accessibility. We urge 
Congress to continue to protect and invest in the Federal aviation 
infrastructure that is the foundation of our Nation's air 
transportation system.
    We applaud Congress for supporting the Airport Improvement Program 
(AIP) and numerous airport relief and investment packages it has 
recently championed, and we encourage future investment. Without 
Congressional support and leadership, many local municipalities would 
not be able to maintain the infrastructure that links their community 
to the rest of the country and to the world.
    Along these lines, we commend this committee for favorably 
reporting S. 4246, The Advanced Aviation Infrastructure Modernization 
(AAIM) Act sponsored by Senator Alex Padilla (D-CA) and Senator Jerry 
Moran (R-KS). The AAIM Act authorizes funding to plan for new AAM 
infrastructure by leveraging existing public transportation facilities 
to support AAM operations and fostering engagement programs to 
introduce the latest technologies to diverse communities. This 
legislation will position the United States to maintain its global 
leadership in aviation while providing the tools to create thousands of 
new green jobs for our skilled aviation workforce. We applaud House 
Aviation Subcommittee Chair Rep. Rick Larsen, and House Committee on 
Transportation and Infrastructure Ranking Member Rep. Sam Graves for 
moving the companion bill H.R. 6270, through the House of 
Representatives. We look forward to collaborating with this committee 
to advance the AAIM Act through the Senate.
    Expanded aviation charging infrastructure will be another crucial 
element to achieve the benefits AAM can bring to diverse communities. 
Without the necessary charging infrastructure in place, it is difficult 
for private businesses and individuals to be confident enough to switch 
to cleaner, electric aviation. We have seen a similar dynamic with the 
transition to electric vehicles (E.V.) in automobiles, and policymakers 
have responded appropriately by providing tax incentives for businesses 
and individuals and grants and formula funding for state and local 
governments to install E.V. charging stations.
    The Alternative Fuel Vehicle Refueling Property Tax Credit (section 
30C of the Internal Revenue Code) allows for a 30 percent tax credit 
for the cost of any qualified alternative fuel vehicle refueling 
property, which includes electric vehicle charging stations and 
hydrogen refueling stations. Recognizing the challenges posed by 
climate change and the need to accelerate the transition to a 
decarbonized future, the Administration and Congress have released 
proposals to enhance and extend the section 30C tax credit for E.V. 
charging stations.
    NBAA and our AAM Roundtable support a simple technical change to 
modernize the section 30C tax credit to ensure that the critical 
investments necessary for AAM, or electric aviation, charging 
infrastructure are similarly covered and deployed. Leveraging private 
investment with an expanded Sec. 30C tax credit is key to the 
successful rollout of charging stations for electric aviation across 
our network of more than 5,000 public-use airports.
    Earlier, I mentioned that this committee hearing comes at an 
appropriate moment, given the imminent consideration of the next FAA 
reauthorization. For NBAA, another milestone is at hand: our 
association's annual Business Aviation Convention and Exhibition will 
occur in Orlando, Florida, next month where we will have on display the 
latest advancements in AAM technology. Just a few miles away from the 
event, the community of Lake Nona has partnered with our AAM Roundtable 
member, Lilium, to create the first hub location for a high-speed 
electric air mobility network in America to be launched by 2026. 
Described as the ``Future of Cities'' by Fortune Magazine, Lake Nona 
provides an ideal location contiguous to the Orlando International 
Airport, the origination site of more than half of the region's 75 
million annual visitors, with a robust economy and infrastructure ready 
to support the launch of electric air mobility.
    We commend the FAA Office of Airports for its recent efforts in 
developing interim guidance and standards for vertiports and updating 
the standards for heliports. The FAA has released Engineering Brief 
(EB) 105 titled ``Vertiport Design'' targeted to specifically support 
Advanced Air Mobility vertical take-off and landing (VTOL) aircraft 
with the goal to ultimately develop a future Advisory Circular on the 
subject, to be released in 2024-2025 timeframe. The agency plays an 
important role in the process of developing this new type of 
infrastructure that will be critical to connecting more cities, towns, 
and small communities by air with the ability to leverage eVTOL 
aircraft.
    While much work in this area remains ahead, the aviation industry 
looks forward to continued partnership and collaboration with the FAA, 
Congress and other branches of the federal, state, local and tribal 
governments, and remains optimistic that together we continue to move 
aviation infrastructure forward at a pace that keeps up with developing 
technologies and community needs.
The Flight Plan for AAM as Part of America's Aviation Leadership
    In conclusion, as Congress prepares to reauthorize the Federal 
Aviation Administration, the NBAA recommends the following priorities 
to ensure the safe integration of AAM and help scale the new 
technology:

   Provide transparency and certainty in the regulatory 
        process, including a commitment to deliver the powered lift 
        Special Federal Aviation Regulation by 2024.

   Develop a national strategy to coordinate AAM integration at 
        the federal, state and local levels to include AAM 
        demonstration cities modeled after the UAS Pilot Program.

   Continue to invest in the infrastructure and other assets 
        that will promote the manufacture, availability and use of 
        these world-leading technologies. We applaud Congress for the 
        work done in this area, but more will need to be done. We urge 
        passage of S. 4246, or HR 6270, The Advanced Aviation 
        Infrastructure Modernization (AAIM) Act.

   Preserve congressional oversight of the Nation's aviation 
        system. Having Congress serve as the board of directors for the 
        NAS has always ensured that all stakeholders are represented; 
        as we introduce new technologies, oversight from Congress will 
        remain critical to ensuring America's aviation leadership 
        across the world.

    This hearing and similar discussions with policymakers in the 
coming months will serve as the building blocks for successfully 
integrating new entrants into the NAS. Our industry looks forward to 
continued engagement as we develop policy solutions that safely embrace 
new aviation technologies and maintain the role of the United States as 
the world leader in aerospace. General aviation is witnessing historic 
technological advancements that will connect communities to sustainable 
transportation options. NBAA, our AAM Roundtable, and our members 
appreciate this Subcommittee's continued leadership, and we welcome the 
opportunity to testify at this critical hearing.

    Senator Sinema. Thank you. Now we will go back to Gregory 
Davis, the President and Interim Chief Executive Officer of 
Eviation. And Mr. Davis, thank you so much for joining us 
today, and you are recognized for your opening statement.

   STATEMENT OF GREGORY DAVIS, PRESIDENT AND CHIEF EXECUTIVE 
                       OFFICER, EVIATION

    Mr. Davis. Thank you very much. And if I may, to confirm 
that the audio is now working.
    Senator Sinema. It is. Thank you.
    Mr. Davis. Lovely. Thank you very much. Well, good 
afternoon. My name is Gregory Davis, and I am the President and 
CEO of Eviation Aircraft. We are a manufacturer of all electric 
aircraft based in Arlington, Washington. And we are currently 
in the process of developing the world's first all-electric 
commuter aircraft with fully integrated battery technology and 
electrical propulsion.
    Chair Sinema, Ranking Member Cruz, Chair Cantwell, and 
Ranking Member Wicker, and members of the Subcommittee on 
Aviation Safety, Operations and Innovation, thank you for the 
opportunity to testify on the policies and regulations needed 
to usher in the new era of sustainable aviation.
    Yesterday, and I should thank you again for the very warm 
welcome, yesterday we successfully completed the first flight 
of our zero emission aircraft, Alice. It was an historic day 
for aviation history and a major milestone in electric 
aviation. It is the first time that an aircraft of this scale 
has successfully completed a flight.
    And there was a moment of great pride for, I would say, all 
of us at Eviation and for the aviation community in general. We 
were able to show people what affordable, clean, and 
sustainable aviation looks like and sounds like for the first 
time in a fixed wing, all electric aircraft.
    It has taken collaboration across the aviation ecosystem to 
reach this groundbreaking moment. It is my hope that 1 day this 
type of travel will be so prevalent in our society we will not 
need to use the word electric to describe it. Electric aviation 
has the power to transform communities across this country.
    Specifically, it can restore or provide essential air 
services to rural communities that are often underserved. 
Today, only about 500 of the 5,000 airports are served by any 
commercial flight, despite 60 percent of the population being 
within ten miles of an airport, active or not, and 95 percent 
being within 25 miles.
    We have already seen early market traction from forward 
thinking operators, including Cape Air and Global Crossing for 
passenger travel and global cargo company DHL for e-cargo. 
Today, I am here to share my insights on the key areas that 
must be prioritized in order to make electric aviation the 
standard for regional travel in the United States and beyond.
    My comments will be addressed around e-CTOL, the electric 
conventional takeoff and landing aircraft market, while 
acknowledging my greater support for the advancement of all 
aspects of urban air mobility and sustainable aviation. e-CTOL, 
like Eviation's Alice, are part of the advanced air mobility 
market and will allow us to leverage the existing airport and 
airspace infrastructure in the United States by increasing 
flights without increasing pollution or our carbon footprint.
    First, we strongly encourage the FAA to look beyond the 
borders of the United States and to work with global regulators 
such as the EASA, the European Union, the Aviation Safety 
Agency, and Transport Canada across the border on the path 
toward certifying electric aircraft.
    To make significant advancements and positive impact on the 
environment, electric aviation and sustainable aviation must be 
supported and adopted globally and quickly. Today's aviation--
today, pardon me, aviation's fastest growing source--is the 
fastest growing source of greenhouse emissions worldwide.
    By 2050, our share of climate impact is expected to be 25 
to 50 percent if nothing is done. The sustainability challenges 
is not only one country's challenge. It is a global challenge, 
and the United States has the immediate opportunity to take the 
leadership role.
    We must act with a sense of urgency to drive environmental 
progress, but also to push on global competitiveness and to 
remain out in front and attract economic opportunity and 
prosperity in terms of manufacturing and jobs here in the 
United States.
    Second, it is important that the FAA focus on clear 
requirements for certification of battery technology, whether 
it pertains to an all electric or hybrid aircraft. Standard 
need to be applied the same internationally, but we can focus 
on mass adoption of electric aviation.
    Global standard for battery technology will ensure that we 
stay focused on the greater task of reducing the environmental 
impact of aviation, while also increasing the commercial 
availability and economic and social benefits of aviation 
globally.
    Third, we encourage the FAA to work with agencies from 
other departments, such as the Department of Energy, on the 
development of charging infrastructure and battery technology. 
The DOE is already leading ground, leading the world in terms 
of ground vehicle battery infrastructure with battery policies 
and initiatives.
    The same approach could be applied to the aviation industry 
to ensure that technology development is aligned with 
certification requirements for all electric aircraft. Further, 
there is an opportunity to tie in the Department of Energy on 
the expansion of aircraft charging networks to service rural 
and urban airports across the country.
    With the recent passing of bill S. 516, we believe there is 
clear direction to facilitate this engagement, and we look 
forward to working with this committee as you consider 
initiatives for the FAA reauthorization in 2023. Thank you very 
much for giving me this opportunity to testify today.
    [The prepared statement of Mr. Davis follows:]

   Prepared Statement of Gregory Davis, President and CEO, Eviation 
                                Aircraft
    My name is Gregory Davis and I am the President and CEO of Eviation 
Aircraft, a manufacturer of all-electric aircraft based in Arlington, 
Washington. We are manufacturing the world's first all-electric 
aircraft, integrating battery technology with electric propulsion.
    Chair Sinema, Ranking Member Cruz, Chair Cantwell and Ranking 
Member Wicker, and members of the Subcommittee on Aviation Safety, 
Operations and Innovation, thank you for the opportunity to testify on 
the policies and regulations needed to usher in the new era of 
sustainable aviation.
    We are currently working towards the first flight of our zero-
emission Alice commuter aircraft which will be a historic day and major 
milestone in electric aviation. Our goal is to show people what 
affordable, clean and sustainable aviation looks and sounds like for 
the first time in a fixed-wing, all-electric aircraft. It has taken 
deep collaboration across the aviation ecosystem to reach this point. 
It is my hope that one day this type of travel will be so prevalent in 
our society that we will not need to use the word ``electric'' to 
describe it.
    Electric aviation has the power to transform communities across the 
country. Specifically, it can restore or provide essential air service 
to rural communities that are often underserved. Today, only 500 out of 
5,000 airports are served by any commercial flights, despite 60 percent 
of the population being within 10 miles of an airport (active or not) 
and 95 percent being within 25 miles. We have already seen early market 
traction from forward thinking operators including Cape Air and GlobalX 
for passenger travel, and DHL for cargo.
    Today, I am here to share my insights on key areas that must be 
prioritized in order to make electric aviation the standard for 
regional travel in the U.S and beyond. My comments will be addressed 
around the eCTOL--electric conventional takeoff and landing--market, 
while acknowledging my greater support for the advancement of all 
aspects of the sustainable aviation industry. eCTOLs, like Eviation's 
Alice, are part of the Advanced Air Mobility market and will allow us 
to leverage the existing airport and airspace infrastructure in the 
United States by increasing flights without increasing our carbon 
footprint.
    First, we strongly encourage the FAA to look beyond the borders of 
the U.S. and work with global regulators, such as the European Union 
Aviation Safety Agency (EASA), on the path towards certifying electric 
aircraft. To make a significant impact on the environment, electric 
aviation must be supported and adopted globally. Today, aviation is the 
fastest-growing source of greenhouse gas emissions. By 2050, its share 
of climate impact is expected to be 25-50 percent if nothing is done. 
The sustainability challenge is not one country's challenge. It's a 
global challenge and the United States has an immediate opportunity to 
take a leadership role. We must act with a sense of urgency to drive 
environmental progress but also global competitiveness and economic 
opportunity and jobs in the United States.
    Second, it's important that the FAA focus on clear requirements for 
certification of battery technology whether it pertains to all-electric 
or hybrid aircraft. Standards need to be applied the same 
internationally so that we can focus on mass adoption of electric 
aviation. Global standards for battery technology will ensure we stay 
focused on the greater task of reducing the environmental impact of 
aviation while also increasing the commercial availability and the 
economic and social benefits of aviation globally.
    Third, we encourage the FAA to work with agencies from other 
Departments, such as the Department of Energy, on the development of 
charging infrastructure and battery technology. The DOE is already 
leading ground vehicle battery infrastructure with battery policies and 
incentives. The same approach could be applied to the aviation industry 
to ensure that technology development is aligned with certification 
requirements for all-electric aircraft.
    Further there is an opportunity to tie in the DOE on the expansion 
of aircraft charging networks to service rural and urban airports 
across the country. With the recent passing of Bill S516, we believe 
there is clear direction to facilitate this engagement and we look 
forward to working with this Committee as you consider initiatives for 
FAA reauthorization in 2023.
    I look forward to working with the Subcommittee in the areas I 
outlined today and our shared goals of making all-electric flight a 
reality in the U.S and beyond. Thank you for the opportunity to testify 
today.

    Senator Sinema. Well, thank you so much for joining us. And 
thank you all for your opening statements. Your written 
statements will be entered for the record. And now we will 
begin a round of questions for our witnesses.
    I will first recognize myself for 5 minutes. Mr. Fymat, 
thank you again for being here today. Arizona is proud to be 
the home of Honeywell Aerospace, one of the world's leading 
organizations in the AAM and UAS industry. Honeywell employs 
thousands of Arizonans in its locations throughout the state.
    I had the privilege of visiting Honeywell's Deer Valley 
site in North Phoenix earlier this year and participating in a 
town hall with Honeywell employees to answer their questions 
about the state of our Nation's aviation sector.
    Honeywell hosted a summit here in Washington last week on 
AAM and UAS issues where many industry leaders participated. 
What key findings and recommendations from that summit can you 
share with Congress as we reauthorize the FAA?
    Mr. Fymat. Thank you, Chair Sinema. So yes, indeed, we did 
host an Advanced Aero Mobility Summit last week. We had over 
250 people that attended, including Government regulators, 
industry trade associations, vehicle manufacturers, including 
companies like Lilium, Textron, Vertical Aerospace, and Archer. 
And indeed, there were insights, takeaways, and findings that 
came out of that.
    I think that it is not just Honeywell saying this, we have 
all heard it here today, and we heard it at our summit loud and 
clear, that we have a choice here to make. Great countries have 
great transportation systems. And the feeling that came out of 
that was that, you know, we may need so far as to have a 
mandate from the very top of Government that we will be a 
leader here, you know, much like in the 60s where we chose to 
go to the Moon.
    Number two, this will need a whole of Government approach. 
There are many stakeholders here. It is not just the FAA. It is 
local Governments, State Government, associations, industry, 
and communities, and it requires a whole Government approach in 
order for this to succeed for our communities.
    Number three, U.S. leadership does not mean going it alone. 
We had a lot of international representation at our summit last 
week, and so the FAA should reach out and work with the other 
agencies on different countries, you know, in Europe, 
Australia, Japan, and South Korea. All of them are also 
tackling the same issues that we are.
    And by working together, we can come up with a set of 
regulations and frameworks that work not just in the United 
States, but that work across the world. This is important for 
everyone. It is especially important for the U.S. companies 
that are working in this area to ensure that they have global 
access into global markets.
    Number four, there is a lot of low hanging fruit in AAM, 
and we have heard about it today, whether it is things like 
transportation to offshore energy platforms or over sparsely 
populated areas, delivering critical supplies to disaster 
areas, wildfire fighting, pipeline inspections, drone 
inspection of critical structure in general.
    All of these are sparsely populated environments with a 
very--where you can still have very high benefits. There is no 
reason we can't do immediate action in these areas. And then 
last, we industry also have our job to do. We have to continue 
to educate consumers, citizens, Government, and industry so 
that people really know what it is and what it isn't.
    There was a phrase last week, you know, the void will be 
filled, let it be filled with the correct information so that 
we make the right decisions. These are the sorts of things that 
came out of our summit last week. Thank you.
    Senator Sinema. Thank you. And Mr. Bolen, the House and the 
Senate have passed my and Senator Moran's AAM bill, the 
Advanced Air Mobility Coordination Leadership Act, which will 
establish an interagency working group to review policies and 
develop programs to aid in the development--in the deployment 
of AAM technology and identify the safety, security, and 
infrastructure investments required for the development of AAM.
    I appreciate NBAA support for our AAM leadership 
legislation. Could you talk about why NBAA supports the 
legislation and why it is so important to harness the expertise 
from across the Federal Government to safely and effectively 
deploy AAM technology?
    Mr. Bolen. Well, thank you, Chair Sinema, and thank you for 
your leadership on the bill itself. This is--should be a 
national priority, something worthy of galvanizing our 
Government to move forward. As we said before, the benefits are 
enormous. But what we have seen is as a country, we do best 
when we have clear goals.
    This is what we want to achieve. So bringing together, as 
it was touched on, the Department of Energy, the Department of 
Transportation, finding ways to tap into some of the things 
that we are committed to.
    When we passed the bipartisan infrastructure bill, we 
talked about the importance of electrification of vehicles, 
will we be able to use that same type of approach when we are 
making changes to our grid to also make that available to 
airports and make sure that aviation is able to tap into it.
    Those are some of the examples of how we need to 
collectively come together to recognize that what we are trying 
to do here can enhance sustainability, accessibility, 
affordability of air mobility and give us a chance to do some 
of those things we are talking about. You know, a lot of the 
things we have talked about, we have used numbers, we have used 
facts. Just to put a face behind some of this.
    When we had Katrina hit New Orleans, we relied on our 
general aviation community, used those airports when Louis 
Armstrong was flooded to bring to stage relief efforts. We can 
do the same with advanced air mobility, particularly as we are 
thinking about Hurricane Ian today. We can move organs for 
transplant.
    We even have one of the AAM companies that was specifically 
designed to move organ transplants. The benefits are very real, 
but it takes a collective effort, and that is why this needs to 
be a national imperative and worthy of collaboration and 
communication across all of our various agencies and across all 
sides and aisles of Capitol Hill.
    Senator Sinema. Thank you. I now recognize Ranking Member 
Cruz for 5 minutes of questions.
    Senator Cruz. Thank you, Madam Chair. As I said in my 
opening statement, I have serious concerns that U.S. leadership 
is falling behind in aviation.
    As we continue to move forward with emerging technologies 
like unmanned aircraft systems and other advanced air mobility 
systems, I have serious doubts about how long it will take the 
FAA to provide the regulatory certainty that these companies 
need. You all represent the regulated industry, and you all 
have to deal with the FAA in some way, shape, or form. So I 
want to get a better understanding as a practical matter from 
each of you.
    From each of your perspectives, what seems to be the 
problems, and why aren't we moving faster on fostering the 
growth of these new entrants, on integrating them into the 
national airspace, and is it a lack of resources or funds at 
the FAA? Is it a leadership problem? Is it--what is causing the 
uncertainty? And I would like each of you to address this. Ms. 
Ellman.
    Ms. Ellman. Sure. Thank you for that very important 
question, Senator Cruz. In our experience--first, let me start 
like, so the technology is moving much more quickly than the 
policy. The challenges that the FAA is facing are systemic.
    I will say the folks, the individuals that I have worked 
with at the FAA are hardworking, you know, well-intentioned 
individual staffers that are trying to do what they can to 
integrate UAS into national airspace.
    The reality is it is like fitting a square peg into a round 
hole. It just doesn't fit. They are using, you know, 
incongruous regulations designed for a crewed aircraft and 
trying to fit UAS commercial drones into this regulatory 
framework that simply doesn't fit.
    From our perspective, you know, there have been lots of--
there have been some proposals out there about--even the FAA 
has recognized that there is a lack of organization or a lack 
of leadership on this topic. And we have seen some proposals 
coming from the Administration.
    We appreciate that we agree that the status quo is broken. 
From our perspective, we need to see responsibility and 
authority aligned. We need to have a leadership office. We have 
been talking, several of our witnesses have talked about the 
need for a national vision and a national strategy.
    Certainly China and other countries are developing their 
own national strategies and moving ahead with this tech--in 
this technology. We need to do the same here at home. It is 
critical for our global competitiveness. And the way to do that 
is by actually aligning responsibility with authority within 
the agency so that one office has the authority to actually 
sign off on waivers, exemptions, approvals.
    Right now, if you want to do research and development, it 
can take 2 years to get a one site specific approval to just to 
do R&D here in the U.S. It is simply not sustainable. So we 
need the certainty, we need the transparency, but above all, we 
really need the leadership.
    And I am happy--we have our own proposal on this, and I am 
happy to follow up with you and your staff about it as well.
    Senator Cruz. Yes, I would welcome it and that is helpful. 
I have heard similar concerns from other stakeholders that it 
is hard to know to whom you go to even get an answer.
    Ms. Ellman. Exactly.
    Senator Cruz. Colonel Luxion.
    Mr. Luxion. Yes, Senator--I am going to almost restate some 
of what was just said. You are right on the, when we work with 
industry to try to identify what requirements and what needs to 
be done within FAA, many times they do not know who has the 
responsibility and the authority across the whole gamut of what 
that industry is trying to do to get it accomplished.
    So there is a structural issue that needs to be addressed. 
And it can't be put in very low levels of the FAA, it has to be 
raised to a priority level that can drive across the FAA some 
level of, hey, let's get on board and move this thing forward. 
The--and what the other issue, the other thing I brought up in 
my opening statement is, OK, once we get the structural place 
in some place with responsibility, what is the path forward?
    What is the regulatory gaps? What is missing in regulation? 
And lay it out from all aspects of what industry and first 
responders, public safety is trying to accomplish. Without 
that, we are just going to continue to--everything is going to 
be a one off.
    And as my colleague Lisa, good friend said, the folks 
inside the FAA that we work with day in and day out are trying 
and they are working very, very hard but they run into these 
barriers throughout the whole process.
    Senator Cruz. Mr. Fymat.
    Mr. Fymat. So I will add two points to your question here. 
Number one is deadlines. Nothing gets done without a schedule, 
goals, and deadlines. And some of what happens here happens 
without deadlines. And so will we have a AAM certification act 
in 2024--or regulation until 2024? Will we have it later? If we 
put in deadlines and hold an organization accountable to those 
deadlines, things tend to get done. So that is the first thing 
I would say.
    The second thing that I would say is mindset, mindset of 
safety mandate versus innovation. There seems to be sometimes a 
well, in order to fulfill our safety mandate, we have to take 
our time to make sure we get this right, as if somehow 
innovation is a threat to safety. But in fact, what we have 
seen time and again is that innovation leads to safety.
    Historically, we have seen this with synthetic vision 
systems, terrain warning systems, weather radar, all of which 
were innovations that led to increased safety. And in fact, we 
don't have to do safety or innovation. It can be safety and 
innovation, innovation that drives safety.
    So, for example, as we are sitting here today, there is a 
hurricane going on in Florida and drones could have a lot to do 
with improving the safety and the recovery from that hurricane. 
So those are the two things.
    Deadlines and accountings of deadlines. And number two is 
safety mindset, and innovation can lead to safety and is not a 
threat to safety. Thank you.
    Senator Cruz. Mr. Bolen.
    Mr. Bolen. Yes. Coordination and communication is key. As 
you know, the FAA has different lines of business, air traffic 
organization, airports, certification, safety. All of these 
need to be coordinated and communicating with each other. That 
doesn't happen without direction and purpose. They need to be 
very intentional.
    I also want to underscore what has just been said about 
deadlines. It was brought up earlier that the FAA will now use 
an approach that requires a special--a special Federal aviation 
rule, regulation in order to move forward. The expectation is 
that that will be done in 2 years. It is important that we 
stick to that time-frame and that we work backward trying to 
determine what needs to be done.
    We also need to recognize that the FAA's approach, and one 
that the industry largely supports, is a crawl, walk, run 
approach. We are going to start with what we know, and we are 
going to iterate, we are going to evolve, we are going to adapt 
as new technologies and new operations come forward.
    We have got to make sure that it is, in fact, an iterative 
process. Just this week, we had a new design, engineering brief 
for vertiports, really critical as we are moving forward to a 
new vertiports AC hopefully within 2 years. But we have got to 
start conservative but build out, iterate, and get to the 
promise of advanced air mobility.
    Senator Cruz. And Mr. Davis.
    Mr. Davis. The air mobility market--[technical problems]--
subset of the advanced air mobility market. A common 
certification standards for aircraft battery technology that 
allows us to commercialize our product and bring it to market 
around the world is a key thing that we would need from the 
FAA.
    Senator Cruz. OK. Thank you.
    Ms. Ellman. Thank you. I now recognize Senator Rosen, who 
is joining from her office. Senator Rosen. Oh, Senator Rosen, 
we are not able to hear you. We still aren't able to hear you, 
Senator Rosen. Senator Rosen, do you have a few minutes to have 
someone help you technically? OK. I am going to go to Senator 
Moran and then we will be right back to you, Senator Rosen. 
Thanks.

                STATEMENT OF HON. JERRY MORAN, 
                    U.S. SENATOR FROM KANSAS

    Senator Moran. Madam Chairwoman, thank you very much. And I 
thank our panelists here, and by technology, for their presence 
today on a very significant and important topic for the future 
of our country's well-being. Let me start with--just I have a 
couple of questions is all but let me start with Ms. Ellman.
    During your testimony, you mentioned the future role that 
this technology could play in supporting the agricultural 
sector. Can you further comment on the importance of merging 
these two industries, businesses?
    Ms. Ellman. Absolutely. So there are so many use cases, 
including precision agriculture, where the UAS industry is just 
bringing so many efficiencies to enterprise. And agriculture is 
one, we are seeing so much growth in that specific vertical 
market sector. So drones can be used for everything, from what 
are traditionally very dangerous crops spraying aerial 
agricultural, spraying jobs.
    As I noted in my testimony just in 2020, there were 13 
aerial agricultural deaths, including in your home State of 
Kansas, and 54 accidents. And this is something that drones--
you know, these deaths don't have to happen.
    Drones can do the job just as well, as well as inspecting 
crops and performing other, you know, critical precision 
agriculture as our population continues to grow and, you know, 
farmers are under increasing pressures to be efficient. Drones 
add efficiencies, add safety, and make agriculture so much more 
efficient and safe.
    Senator Moran. I thank you for that answer. And as a state, 
Kansas is a significant aviation and aerospace component of our 
economy, and it is certainly not the same when it comes to 
agriculture, and I love the opportunity to see the 
opportunities we have in our state to advance both really in 
the same effort, same timeframe.
    So, thank you. Mr. Bolen, on Monday, the FAA released new 
design guidelines for a vertiports infrastructure that will 
support advanced air mobility aircraft. Could you give the 
Subcommittee some insight into what the NBAA and industry 
leaders are doing to focus on the infrastructure side to 
support these new aviation entrants going forward?
    Mr. Bolen. I would be happy to. And again, thank you, 
Senator, for your leadership on the Advanced Infrastructure 
Modernization Act. That is a very important part of moving 
forward. Obviously, we have, as we have discussed, an 
incredible airport infrastructure in the United States, 5,000 
public use airports.
    But when we look at the potential for advanced air 
mobility, we see the opportunity to move to vertiports starting 
at airports, but also moving to parking lots, city buildings, 
and other types of operations. We have looked to the FAA for an 
engineering brief to allow us to begin moving forward with the 
vertiport standards.
    We did have an opportunity as a community to provide 
comments on that. What we saw on the engineering brief that was 
released on Monday is many of those comments were recognized.
    But the FAA is taking a very conservative approach with the 
idea that as we move to the Altman vertiport advisory circular, 
we will iterate, we will begin understanding operations and 
technologies and we will be able to ultimately have a vertiport 
infrastructure that is able to adapt and evolve with 
technologies and operations.
    We now have a place to start, and it is a great beginning, 
but we have to evolve it and adapt it. So we are looking at 
this as the first step in an important iteration and that is a 
key part of the infrastructure as we go forward.
    Senator Moran. Thank you, Mr. Bolen. And Senator Sinema, 
thank you for your assistance, our working together on this 
piece of legislation, and particularly your help in making sure 
that it received time on the Senate floor. Thank you to both 
you and Senator Cruz for today's hearing.
    Senator Sinema. Thank you, Senator Moran. Senator Rosen 
let's give it another shot.

                STATEMENT OF HON. JACKY ROSEN, 
                    U.S. SENATOR FROM NEVADA

    Senator Rosen. Well, can you hear me now, as the famous 
line goes?
    Senator Sinema. Yes, Senator Rosen, we can hear you and you 
are now recognized for 5 minutes.
    Senator Rosen. Thank you. I appreciate it, Chairwoman 
Sinema Thank you, Ranking Member Cruz. This hearing is really 
important. I appreciate witnesses being here today.
    One of the things I have been worried about is protecting 
stadiums from drones because Nevada, you know, we are at the 
forefront of the UAS technologies and our state, our UAS test 
site at the University of Nevada Reno is leading the way in 
autonomous vehicle testing and robotics research, and we have 
been designated by the FAA to serve as a center for the 
development and testing of unmanned autonomous vehicles 
operating beyond vision--visual line of sight, excuse me.
    We are also, of course, home to the entertainment capital 
of the world, Las Vegas, which is quickly emerging as the 
sports capital of the world as well. I am going to give a shout 
out to the WNBA champions, Aces, this past few weeks, and of 
course, Formula One racing coming next year. And according to 
the Las Vegas Review-Journal, we are also the first city to 
have secured the NFL draft, Pro Bowl, and the Super Bowl at our 
new Allegiant Stadium, home to the Las Vegas Raiders.
    Unfortunately, this stadium, like so many others across the 
country, is a potential target for drone attacks by bad actors. 
So, Ms. Ellman, as we make UAS policy decisions, how can we 
promote continued innovation and advancement in drones while 
protecting critical infrastructure like stadiums from evolving 
threats?
    And Mr. Fymat, I understand your company has some 
experience in the area, so perhaps you might answer after Ms. 
Ellman, please.
    Ms. Ellman. Sure. Thank you very much, Senator Rosen, for 
that very important question. And thanks for your--Nevada's 
leadership on all things sports. Absolutely. It is a critical 
issue. Let me just start by saying, you know, obviously, most 
drone operators are compliant, responsible, abiding by the 
laws. But of course, all technologies can be used for good and 
for bad and drones are no different.
    Drones can also be used for harm. Just like the UAS use set 
of regulations has really lagged behind the evolvement--the 
emerging technologies, so have the current drone, or drone 
security set of laws and regulations.
    And because of that, we have been, the Commercial Drone 
Alliance is on the record supporting Senator Peters' 
legislation on counter UAS. We support the extension of the 
Preventing Emerging Threats Act, which expires next week, 
October 5th.
    It would also enhance detection authorities. It would also 
set up a limited counter UAS pilot program with strong Federal 
oversight and training. We really see innovation and security 
as two sides of the same coin. You can't have one without the 
other. So we, you know, and I know stadiums as well are looking 
to incorporate drones into their own operations. So we 100 
percent agree that it is a very important issue.
    And, you know, look forward to working with you and your 
staff on the legislation that is out there and other good ideas 
as well.
    Senator Rosen. And Mr. Fymat, if you quickly answer. Then I 
have some other questions on drones and infrastructure to go 
back to both of you as well.
    Mr. Fymat. Right. Thank you. And I think to add to my 
colleague Lisa's answers, I think that in the world of drones, 
all drones are identified, whether it is remote ID or other 
technologies like that that make them conspicuous. So I think 
that is very important to do. Most cybersecurity issues always 
fall down into the areas of either technology or the people 
using the technology.
    On the technology side, we need to ensure that drones--you 
know, the cybersecurity is built into the technology that goes 
onto the drones, much as what we do when we build cybersecurity 
and everything into the avionics systems and others that we 
make for larger aircraft. I think that those principles have to 
continue all the way through. Thank you.
    Senator Rosen. Thank you. And I want to move on and 
continue to talk about drones as they relate to infrastructure, 
because whether we have--getting drones to do our deliveries, 
photography and everything in between, drones have really 
proven helpful across a range of industries, including 
infrastructure, construction, and inspections because drones 
offer contractors and engineers a really efficient and agile 
way to use this technology to gather data.
    They can go in and around bridges, in and around small 
places in infrastructure. This can help minimize accidents and 
find issues early.
    And Ms. Ellman, I really thank you for recognizing my 
recently introduced bill, the Drone Infrastructure Inspection 
Grant Act, and it is bipartisan legislation creating grants for 
local, State, tribal Governments to use drone technology to be 
their eyes and visually inspect infrastructure and train 
employees how to properly, excuse me, use them.
    So we have invested significantly with the bipartisan 
infrastructure law to repair and update our Nation's 
infrastructure. So, Ms. Ellman and then Colonel Lux, with the 
backlog of inspections, we know drones can speed up the 
process. What do you think we need to do to get the workforce 
and the drone force, if you will, up to speed?
    I know I am just about the end of my time, but it is 
critically important we can use this, and we can save lives, I 
believe, by doing that maintenance faster. Ms. Ellman, you can 
go first, then Colonel Lux.
    Ms. Ellman. Yes. Sure. Absolutely. And thank you, Senator 
Rosen. And thank you for your leadership and Senator Blumenthal 
and Senator Boozman for introducing the DIG Act in the Senate. 
It is bipartisan legislation. We are strongly supporting it. As 
you mentioned, there is a backlog of critical infrastructure 
inspection. Drones can certainly help clear that backlog more 
efficiently and more safely.
    The DIG Act, I think, is a first start in terms of how do 
you move all this forward by investing funds in moving, you 
know, both in the workforce of tomorrow and as well as in the 
enabling states and localities to actually invest in the 
technology themselves.
    So we are strongly supportive of it. I think the next--we 
also need to look at the rules, however, because many of these 
long linear infrastructures require flights beyond visual line 
of sight, for example, and there is still no broad rulemaking 
that enables that here in the United States.
    So really, in order to move this forward long term and to 
be able to scale these operations, we also need to implement 
the beyond visual line of sight aviation rulemaking committee 
recommendations as well.
    Senator Rosen. Thank you.
    Mr. Luxion. Senator Rosen, thank you. Thank you for the 
support on that bill. So the regulation needs study on how to 
get these things in place. And the good news story is we are 
already working on, the FAA has tasked Assure to look at areas 
of--called shielding and right away rules to support beyond 
visual line of sight operations in these types of inspections 
in the future. So already efforts are moving forward at least 
within the FAA to start getting this to happen.
    Senator Rosen. Thank you. I appreciate it. I am going to 
take just 1 second of personal preference. My late father in 
law, who I loved dearly, was a bridge inspector for the City of 
Los Angeles for over 50 years. He would have been so excited to 
use these drones as he would have done his work. So I think 
about him today and the technology that we are going to use to 
continue to work on this. Thank you, Madam Chair.
    Senator Sinema. Thank you, Senator Rosen. Senator Thune, 
you are recognized for your 5 minutes.

                 STATEMENT OF HON. JOHN THUNE, 
                 U.S. SENATOR FROM SOUTH DAKOTA

    Senator Thune. Thank you, Madam Chair. And I will just say 
that the title came to the Las Vegas Aces after they hired a 
South Dakota native, Becky Hammon, to be their coach, so.
    Senator Rosen. Oh, well, we appreciate it. Thank you. Thank 
you for bringing her to--thank you for letting us have her. But 
we are going to keep her, if you don't mind, Senator Thune.
    [Laughter.]
    Senator Thune. It is OK. Yes, I don't blame you. During my 
time as Chairman of this Committee, we considered and enacted 
the FAA Reauthorization Act of 2018, which included substantial 
new authorities for the FAA to modernize the national airspace 
system and better accommodate new entrants.
    And since that time, the agency has moved forward with 
several significant actions, including rules governing remote 
identification and operations at night or over people for 
unmanned aircraft systems.
    However, significant work remains to ensure that the UAS 
and other entrants are fully integrated into the NAS, including 
a generalized process for type certification of UAS and 
advanced air mobility aircraft, a consistent regulatory 
framework for beyond visual line of sight operations for UAS, 
and clear rules to ensure the safe interaction of these new 
entrants with manned aircraft.
    As this committee begins consideration of the next FAA 
reauthorization, I look forward to these conversations and 
appreciate hearing from you all today. Ms. Ellman, in April of 
this year, I sent a letter with Senator Warner to Acting 
Administrator Nolan requesting information on the FAA's 
progress in establishing generalized standards for UAS type 
certification.
    I believe the development of these standards will ensure 
that UAS conducting complex operations in the NAS will deliver 
clear commercial and societal benefits and keep the United 
States at the forefront of safety innovation. Do you believe 
that developing generalized standards for UAS type 
certification is an important component of advancing UAS 
integration?
    Ms. Ellman. Senator, Senator Thune, thank you so much for 
that question. Absolutely. We very much agree. The type 
certification process--as we have been talking all about the 
benefits of commercial drones, but really to take advantage of 
those benefits of commercial drones, we need to be able to 
scale expanded drone operations. And one path to do that is 
through type certification.
    And to date, we have had, you know, we have had several 
drone manufacturers working for several years, hand-in-hand 
closely with the FAA trying to get type certification. We have 
had in some good news a few weeks ago, Matternet was the first 
company to actually get their type certification approved by 
the FAA.
    Now that there has been one company that has been approved, 
we very much hope to see many others, who have been working 
with the FAA for several years on this process, approvals come 
quickly. But we also believe that now is a good time to think 
about how to streamline and improve this process, which the 
durability and reliability process was meant to take 6 months. 
It is not well designed.
    You know, 4 years and 4 months later, I believe, is how 
long it took Matternet to get their type certification. By that 
time, how many new iterations of the vehicle. The technology is 
moving so quickly forward. We need a process that is designed 
and tailored for this new industry, which is designed 
differently.
    And so we very much appreciate your leadership on that. We 
have our own reform proposals and ideas that we would be very 
excited to sit down with you and your staff and discuss.
    Senator Thune. OK. Mr. Bolen, in your testimony, you also 
described challenges with the current type certification 
process for AAM aircraft. Do you believe the development of 
generalized standards would also be useful in fostering the 
integration of AAM aircraft into NAS?
    Mr. Bolen. Yes, absolutely as well. You know, we talked 
about the importance of predictability and certainty, and there 
is an enormous amount of investment being made to try to bring 
these products to the market.
    Understanding a clear pathway to a type certificate, 
production certificate, op-specs, being able to begin the 
operations. It is very important for us to know what to expect 
as we prepare. So the clearer the path, the better opportunity 
we have to arrive at our destination.
    Senator Thune. Thank you. Colonel Luxion, I remain very 
interested in ways to improve automated aspects of air traffic 
management, especially as the NAS becomes more crowded. This 
includes a bill, the Dynamic Airspace Pilot Program Act, which 
I have introduced along with the Chair, Senator Sinema, to 
improve dynamic management of the NAS.
    What can this committee do to build on the work that FAA is 
doing to improve these automation tools and reduce the burden 
of increased traffic on controllers, and adopt concepts such as 
adaptive airspace or dynamic airspace?
    Mr. Luxion. Thank you, Senator Thune, for that question. 
The FAA--NASA has really done groundbreaking effort and work in 
this area to move it forward. We need to create a bridge from 
that NASA work into the actual regulatory requirements. How do 
you change all the technologies and all the questions or 
answers that NASA has provided into a regulatory structure at 
least below 500 feet to provide that?
    This--UTM is critical. Absolutely going to be the backbone 
to deal with all the increased activity and small UAS. They are 
going to operate beyond visual line of sight below that 500 
feet or 400 feet and below. I would say that needs to be part 
of the reauthorization act to establish the regulatory 
framework to support UTM going forward.
    Senator Thune. Yes. And hopefully it will be part of the 
reauthorization act. Thank you, Madam Chair.
    Senator Sinema. Thank you, Senator Thune. I recognize 
Senator, Chair Cantwell for 5 minutes next.
    The Chair. Thank you. Mr. Davis, I want to congratulate you 
again on yesterday and the flight of Alice. It is very exciting 
news in the aviation model as you made comment to earlier. This 
was no small achievement, and I know that the work has been 
ongoing by you and many others.
    So, again, congratulations on your efforts to decarbonize 
aviation and have electric planes. I wanted to follow up on 
your comments and maybe tie in Mr. Bolen as well. When we look 
at essential air service and we look at some of our challenges 
in transportation, I understand your current plans, or the idea 
was originally for a 2027 date.
    And that is you already have commitments from Cape Air, a 
regional carrier, and DHL for cargo. What steps does Congress 
need to take to continue to look at this issue you brought up 
of coordination between the FAA and DOE on battery 
standardization?
    Mr. Davis. Well, thank you very much, Chair Cantwell. And, 
again, thank you for the kind welcome. It was a very exciting 
day. I am actually here at our flight test facility--the air 
tech flight test facility in Moses Lake right now, not very far 
from where we flew. There are many aspects to what we are doing 
here with the electric aircraft that play into the broader 
discussion, as well as the specific infrastructure 
requirements.
    We talked about the walk, fall, crawl, run methodology that 
we have generally accepted in aviation. It certainly doesn't 
feel like a crawl or a walk with what we are doing right now. 
But what we are doing is an important steppingstone to actually 
bringing electrified aviation to the marketplace.
    We are choosing the path of taking an electric conventional 
takeoff and landing airplane and developing that for electric 
propulsion and battery power. What that allows us to do is to 
leverage the existing airspace requirement. So we take off from 
an airport, we fly in airspace, and we land at an airport. It 
allows us to focus on the technology development.
    The FAA discussion we had before about, you know, aiding in 
the certification of batteries, making sure that we are using 
advanced technology as quickly and as safely as possible to 
enable the emission profiles that we are looking for. Those--
right now essentially air service routes that are typically 
less than 250 nautical miles, you know, or less than 300 
statute miles.
    And then also adopting the advanced operating technology 
for the aircraft to allow for single pilot operations, which is 
again on the pathway to full autonomous operation for cargo and 
eventually passenger operations. With respect to the DOE and 
potentially DOT and FAA, what we need to do is to look at the 
establishment of the charging infrastructure.
    The good news, compared to say the broader automotive 
charging infrastructure, is whether it is the 2,000 airports 
that have had some service or very near large urban centers or 
the broader 5,000 airports. In aviation, unlike in a car--in a 
car, you want to be able to go wherever you want to go, when 
you want to go there.
    In aviation, we tend to want to take off exactly when we 
meant to, go exactly where we wanted to, and land exactly where 
we wanted to, all on schedule. So it becomes much easier, 
especially in the central air service map, to develop that 
infrastructure.
    What we are looking at doing and with those customers that 
you have identified, in particular with Cape Air, is building 
out a proof network showing that we can actually operate in a 
subset and then scaling it from there.
    And that is where certainly interaction between the FAA on 
the airport side and on the aircraft charging interface, and 
DOE in terms of overall battery technology will benefit the 
industry.
    The Chair. And what about DHL, though, when you are talking 
about cargo, because obviously you are talking about a 
marketplace of whatever, 9 passengers or something like that. 
What--when you are talking about cargo, what is the profile 
there?
    Mr. Davis. So thank you for that. The cargo missions are 
going to be very similar. So again, it is that last 100 miles 
of delivery. It is taking out, you know, two or 3 hours of 
delivery time for the packages that we want to see arriving. 
Again, though, it is going to be point to point for the initial 
deployment of the aircraft.
    We will know where the aircraft are intended to go. I mean, 
we as an industry will know specifically which airports they 
will be operating from. So we need to start there and then help 
buildup the infrastructure.
    The Chair. Well, this to me, it seems like a game changer 
when I think about some of our problems, you know, with--
particularly with the airlines and, you know, even with the 
expansion of Paine Field, you know, and people are happy to 
have, you know, flights to Palm Springs and Hawaii and various 
places.
    I have heard a lot of people wanted flights to Spokane. So 
the notion that Walla Walla, that is constantly short changed, 
you know, very big and growing wine region of our country, but 
one flight a day or two flights a day, and you could change 
that. And you could have people going, you know, five or six 
flights a day.
    Now it is all economical. So you are changing the dynamics 
of a rural economy and that could be very interesting solution 
for driving efficiencies into the marketplace.
    Mr. Davis. Yes. Thank you for that. That is certainly with 
the aircraft that we are developing and this being the first 
entrance into the sector, you will immediately be able to 
actually produce less emissions on that same duration of trip 
than you would in a car. There is literally no tailpipe on the 
aircraft.
    So the emissions that we produce are during the production 
of the aircraft, and then from the power that is derived from 
the energy grid, wherever you are operating the aircraft. There 
is plenty of opportunity to make that better. One of the--
again, I thank you very much for your words about the changing 
the industry, changing the world.
    That is exactly how we see it. It is a very easy game to 
play, to think, you know, where are you right now? And could 
you find nine people or eight other people who wanted to go, 
you know, 200 or 300 miles away right now?
    And, you know, from Moses Lake to Walla Walla or to Paine 
Field, as you have just said, those are routes that we will be 
able to do as the aircraft enters into service. So certainly--
the application and the capability of the technology that goes 
into the aircraft will allow those routes to expand and only 
further improve our capability to transform regional air 
travel.
    The Chair. And I see my time is expired, Madam Chair, but 
one--your testimony references the fastest growing emission 
increase. Is that because of the global demand in aviation? Is 
that what--where you are getting that?
    Mr. Davis. Yes, thank you for that. So absolutely. It is 
very important for us to recognize aviation in particular is a 
global business. You know, it is well said that airplanes tend 
to get around.
    So again, this actually does present the commercial 
opportunity that we have to take the leadership role again in 
driving standardization of certification requirements. Right 
now, again speaking for aviation, we truly feel that we are in 
a leadership position, that we are ahead of certifying and 
bringing in aircraft to market that can fulfill these mission 
roles. And so this is a global problem.
    Those emissions are global emission projections. No one 
country can do this on its own. That needs to be done by 
everybody. And so by working together and establishing common 
standards that will remove barriers to bringing product to 
market, which will further our ability to impact positively 
change sooner.
    The Chair. Thank you. Thank you, Madam Chair.
    Senator Sinema. Thank you. Chair Cantwell. Senator Lee, you 
recognized for 5 minutes of questions.

                  STATEMENT OF HON. MIKE LEE, 
                     U.S. SENATOR FROM UTAH

    Senator Lee. Thank you, Madam Chair. Ms. Ellman, I would 
like to start with you, if that is OK. I have long been 
concerned about the FAA's regulatory processes and the fact 
that they are not keeping pace with modern technology. From 
supersonic aircraft to launch and reentry for space vehicles, 
it is a slow process that is hindering technology, or it is not 
allowing technology to proceed.
    But your testimony highlighted how this isn't limited to 
space vehicles and supersonics. It covers areas, other areas as 
well, like drone regulations are also being held back by the 
FAA's current processes. Now, you noted that the GAO and the 
DOT Inspector General, as well as the National Academy of 
Sciences, have chimed--they have weighed in on this, and they 
have referred to the FAA's lack of progress in this area, as I 
think the word they used was indefensible.
    Now, I completely agree. I would call it and I do call it 
indefensible. And I think Congress should address this in next 
year's FAA legislation. The part 135 process to me seems 
expensive and something that probably wasn't intended for 
drones. Absolutely, certainly wasn't intended for drones. Not 
designed for drones, not well-suited for drones.
    What do you think about this? Do you think the part 135 and 
the process that is involved in it, do you think that makes 
sense for drone carriage, and should we consider a drone 
specific carriage process that reflects drone realities?
    Ms. Ellman. Thank you for that very important question, 
Senator Lee. I would--yes, absolutely. There is, I remarked 
earlier, part of the challenge here, the technology has moved 
so much more quickly than the policies. And we are, you know, 
essentially the FAA is attempting to fit a square peg into a 
round hole.
    Regulations that were designed for the crewed aviation 
industry directly to drone use, which don't have people on 
board very, very, very different in some ways, you know, closer 
to kind of like, you know, what looks like a cell phone versus 
a 737. So, absolutely, we need new rules that are drone 
specific.
    The beyond visual line of sight aviation rulemaking 
committee considered exactly this and looked at from a 
regulatory perspective, provided recommendations to the FAA on 
how in a risk based, performance based way, the FAA could 
broadly enable scaled commercial delivery operations.
    And I think that provides a framework and--for the FAA to 
use that we would like to see implemented expeditiously. It 
touches on airworthiness, it touches on airspace, it touches on 
crew and operator qualifications.
    It gives, essentially provides a road map to the FAA on how 
bringing all, you know, relevant stakeholders together, 
industry working together with academia and States, localities, 
and others to craft these recommendations, how we can do that 
in a way that enables us to take advantage of the benefits of 
commercial drones.
    Senator Lee. No, I think that is right. And it is sad that 
the one thing holding us back, because all the players you have 
mentioned are ready, willing, eager, able to do this, is the 
regulatory chokehold and the fact that they are stuck in this 
Byzantine labyrinth of the 135 process, that makes absolutely 
no sense here. It drives me crazy.
    There are quality of life issues. There are public safety 
issues. There are environmental issues that could all be 
addressed favorably, relieved significantly by drone delivery. 
And yet the FAA leaves us stuck in the stone age on this, and 
that is unacceptable. I am also concerned that we risk further 
delays to the effective integration of drones if we don't 
answer some of the outstanding key questions regarding the 
scope of Federal preemption and the role of State and local 
Governments.
    For example, the National Conference of State Legislatures, 
NCSL, has raised some of these questions specifically, and I am 
quoting here, ``does the FAA have the authority to regulate all 
drone operations, including low altitude operations? How will 
property rights and nuisance claims in area of law 
traditionally within State local police powers be impacted by 
drones, low altitude operations?
    And what is the scope of civil and criminal trespass 
authority in low altitude airspace? The GAO, addressing some of 
these topics in a 2020 report, concluded as follows, ``the 
legal uncertainty surrounding these, and other issues is 
presenting challenges to integration of UAS into the national 
airspace system.
    Successful integration may involve balancing the social and 
economic benefits anticipated from U.S. operations with 
Constitutionally protected property and privacy rights. It may 
also involve balancing the Federal Government's Constitutional 
rights and responsibilities to regulate interstate commerce 
with the State's Constitutionally reserved police powers and 
principles of federalism.''
    Ms. Ellman, do you agree with the GAO's assessment here 
that the successful integration will likely require balancing 
of these State and local interests?
    Ms. Ellman. Absolutely. I mean, I so, yes, and thank you 
for that question, Senator Lee. States and localities have an 
incredibly important role to play in UAS integration. And I 
would point to successful programs such as the Integration 
Pilot Program and the Beyond Program as examples where industry 
works closely--has been and is continuing to work closely with 
States and localities to move innovation forward together with 
the Federal Government.
    From our perspective, it is important that safety remains 
kind of--the FAA speaks with one voice there. If there is a 
patchwork quilt of regulations, it would be very difficult for 
companies to scale. And we are, you know, we want to be able to 
scale in a way that the industry grows and are able to take 
advantage of all of these benefits.
    But that said, of course, States and localities have a 
critical role to play. I would also point to section 2209 of 
the 2016 Extension Act for means not yet implemented by the 
FAA. And that section would give--that provision would give--
gives the FAA the authority to establish fixed site facilities, 
private entities to essentially declare themselves no drone 
zones, limit or prohibit drone flights over their own property, 
which would take care of a lot of those concerns.
    So we would ask the FAA to expeditiously implement 2209, 
and we would be very excited to work with you and your staff. 
And, you know, many of our members are doing lots of outreach 
in their communities. I would point, for example, one of our 
board members, Zipline is working on, you know, back to school 
and doing lots of stuff in their communities. And that is true 
across the board.
    It is absolutely critical that we have a great working 
relationship in towns and communities where we operate.
    Senator Lee. OK. So that--we still do need to know the 
scope of preemption. We need to know the nature and extent of 
the limits on Federal authority here.
    A lot of these programs weren't designed with an 
appreciation for on the ground realities that are specific to 
drones that are very different--you know, we are not in the 
realm of Unites States v. Cosby anymore, which contemplates 
traditional aircraft, you know, airplanes, fixed wing, 
sometimes rotary wing, aircraft involving the carrying of 
humans in addition to any other cargo. This is very, very 
different.
    A drone, which can fly down to inches above the blades of 
grass on somebody's lawn, can fly right up to and against, in 
theory, into somebody's window, it presents some things that 
are very obviously within the domain of State and local 
authority.
    Nuisance law, laws prohibiting voyeurism, things like that 
are all necessarily within the police powers of a State or 
locality. If we can't get this right, if we can't grasp what it 
is that is the nature and extent of the FAA's authority, where 
it preempts while acknowledging that it can't preempt all 
things, if we don't get that ironed out quickly, we are going 
to be in bad shape.
    Ms. Ellman. We would welcome the opportunity to work with 
you and your staff on this very complex topic, absolutely.
    Senator Lee. You will help us get there? You would be 
willing to help us delineate the--where those limits should be?
    Ms. Ellman. We are happy to help, yes.
    Senator Lee. Thank you. Thank you, Madam Chair.
    Senator Sinema. Thank you, Senator Lee. And with that, we 
have reached the end of today's hearing. Thank you to all of 
the witnesses for your time and testimony. The hearing record 
will remain open for 4 weeks until October 26 of 2022.
    Any Senators who would like to submit questions for the 
record should do so two weeks from now, by October 12, 2022. I 
ask that witness responses be returned to the Committee by 
October 26 of 2022. That concludes today's hearing.
    [Whereupon, at 4:04 p.m., the hearing was adjourned.]

                            A P P E N D I X

   Response to Written Questions Submitted by Hon. Maria Cantwell to 
                              Lisa Ellman
    Beyond Visual Line of Sight (BVLOS) Rulemaking. The UAS industry is 
well-positioned and evolving quickly to enable beyond the visual line-
of-sight (BVLOS) operations, but regulatory frameworks struggle to keep 
pace. The FAA has accelerated efforts to integrate routine BVLOS 
operations by convening the BVLOS Aviation Rulemaking Committee (ARC) 
in 2021, and its final report and recommendations were published by the 
FAA on March 10, 2022.
    To make progress on efficiently and safely integrating UAS 
operators into the NAS, the FAA will need to take action on the 
recommendations developed and submitted by the ARC by issuing a 
proposed rule. Congress included language in the FY 2022 appropriations 
bill directing the FAA to finalize a rulemaking on BVLOS by September 
2023. However, the process of developing a final rule can take months, 
even years, to complete.

    Question 1. In your view, what will be the impact to the U.S. drone 
industry and its ability to compete with other drone manufacturers in 
the global economy if the FAA does not meet the September 2023 
deadline?
    Answer. There are significant opportunity costs associated with 
inaction on the BVLOS rulemaking. Broadly enabling UAS flights BVLOS in 
a safe and secure manner is critical to unlocking the safety, security, 
equity, and sustainability benefits of using drones for many commercial 
and public safety tasks. The longer we wait to integrate advanced 
operations, the more we miss out on those benefits--from saving lives 
and avoiding workplace injuries to reducing traffic congestion and 
curbing emissions. The BVLOS ARC recommended a common-sense risk-based 
and performance-based approach to safely integrating BVLOS operations 
into the NAS, and delays in the BVLOS rulemaking will undermine the 
U.S. drone industry and American leadership in advanced aviation more 
broadly.
    The current regulatory framework in the United States prevents 
scalable UAS operations and limits the integration of UAS into the NAS, 
and many countries around the world have taken significant steps to 
enable BVLOS operations beyond what is currently allowed in the U.S. 
Many U.S. companies have invested heavily to pursue opportunities in 
those markets, even if they would prefer to invest here at home. This 
trend will continue to accelerate so long as there remains skepticism 
regarding the U.S. Government's ability to deliver on its promise to 
integrate UAS safely into the NAS and enable scalable UAS operations. 
Timely implementation of a final BVLOS rule is essential to the U.S. 
maintaining and enhancing its global leadership in advanced aviation 
for years to come.
    To this end, Congress should direct the FAA to issue a notice of 
proposed rulemaking enabling BVLOS operations in alignment with the 
recommendations of the BVLOS ARC within 180 days of enactment.

    Question 2. What actions can the FAA take today--through policy 
changes and other measures already within the FAA's existing 
authority--to make progress on the ARC's recommendations while a more 
comprehensive rulemaking process takes place?
    Answer. As recommended by the BVLOS ARC, the FAA should develop an 
interim, expedited pathway to small-scale BVLOS operations that do not 
present significant impacts on the environment. Such a pathway would 
enable UAS operations at a sufficiently meaningful scale to encourage 
the industry's viability, provide significant benefits to the American 
people, and ensure American competitiveness, while simultaneously 
facilitating data collection to inform future rulemaking.
    One of the most significant actions that the FAA can take right now 
is to immediately implement the BVLOS ARC's recommendation for enabling 
low-altitude ``shielded'' operations that permit drones to fly above 
and within very close proximity to structures and terrain where crewed 
aircraft are unlikely to operate. Shielded operations, sometimes 
referred to as ``masked operations,'' can enable public safety missions 
such as search and rescue, as well as more efficient inspection of 
critical infrastructure like long range powerlines, pipelines, and 
railroad tracks that require drones to fly at low altitude and in close 
proximity to structures and the ground. Other jurisdictions, including 
the European Union and Australia, have already established frameworks 
to enable shielded operations at scale using standard scenarios or pre-
defined risk assessments. Congress should direct the FAA to issue 
guidance similar to what other civil aviation authorities have done to 
provide a near-term pathway to enabling shielded BVLOS operations 
before the completion of a comprehensive BVLOS rulemaking.
    The FAA should also look for opportunities to streamline current 
processes and timelines for issuing waivers and exemptions that enable 
BVLOS operations prior to completion of a comprehensive rulemaking, and 
to provide more reliable and transparent visibility into the status and 
anticipated time for completion of its work on individual applications 
for such approvals. Congress should also require the FAA to provide 
Congress with periodic tracking reports on the inventory of pending 
applications, as well as supporting rationales when the FAA rejects 
applications.

    FAA Air Traffic Control Staffing and New Entrants. Earlier this 
year, acting FAA Administrator Billy Nolen said that the FAA is hiring 
1,500 new air traffic controllers as part of an effort to combat the 
increased number of delays and cancellations we have seen in the air 
travel system this year. According to data from flight tracking site 
FlightAware, between May 27, the Friday before Memorial Day, and August 
14--48,000 or 2.3 percent of the flights scheduled were cancelled. 
During that same period, nearly 483,000 U.S. flights were delayed, or 
roughly 24 percent of flights.
    Clearly airlines must do better. But it is also important that FAA 
has enough air traffic controllers to handle current volumes of 
traffic--and is prepared to coordinate future airspace operations that 
will include drones, AAM aircraft, and a higher frequency of commercial 
space flight launches.

    Question 1. The National Air Traffic Controllers Association 
(NATCA) has called for improvements to FAA's current Air Traffic 
Controller Workforce plan to reflect the training and qualification 
required for air traffic controllers. How can FAA better plan and 
prepare the ATC workforce to handle the added workload of new entrants 
entering the National Airspace System?
    Answer. It is critical that the FAA, with the support of Congress, 
invest in the workforce of tomorrow. The commercial drone marketplace 
is creating new jobs that requires a unique set of engineering and 
technical skill sets. A key component of planning for the integrated 
airspace of tomorrow should include a workforce development plan, 
including a focus and prioritization on science, technology, 
engineering, and mathematics (STEM) education.
    With regard to air traffic in particular, it first must be noted 
that a large percentage of drone operations will occur at low altitudes 
outside of ATC control, thereby not adding to the workload of the ATC 
workforce. An important principle established by the International 
Civil Aviation Organization (ICAO) notes that, ``. . . an equitable 
cost-recovery system could comprise charges based on the allocation of 
total air navigation services costs incurred on behalf of users.'' \1\ 
Consistent with this principle, it is understood that many drone 
operations will use UAS Traffic Management (UTM) systems to manage low 
altitude air traffic, rather than rely on direct service from ATC 
controllers.
---------------------------------------------------------------------------
    \1\ ICAO Doc. 9082, ``ICAO's Policies on Charges for Airports and 
Air Navigation Services'', Sec. III, p. 15.
---------------------------------------------------------------------------
    In controlled airspace, the FAA's Low Altitude Authorization and 
Notification Capability (LAANC) system supports UAS integration by 
automating the application process for accessing controlled airspace 
for the vast majority of UAS, rather than requiring direct interaction 
between UAS operators and ATC personnel.
    Industry stakeholders and the FAA both view LAANC as a precursor to 
a future UTM system that will facilitate highly-automated traffic 
management for high volume of UAS operations occurring in low altitude 
airspace. While some unique UAS operations may still require 
traditional ATC services, this should be the exception. Like the 
current LAANC system, UTM technology will provide a system by which the 
vast majority of UAS can access controlled airspace without added 
burden on the ATC workforce.
    As new entrants, including UAM and other aircraft beyond UAS, 
become more prevalent, it is essential that the current airspace access 
automation efforts continue and that appropriate operational rules and 
infrastructure are in place to handle the expected increased demand.
    A recent audit by the U.S. DOT Office of Inspector General (OIG) 
found that, while the FAA has made initial progress in developing and 
testing UTM frameworks, the FAA has not established milestones for 
implementing the policies and processes necessary to allow for UTM 
deployment and progress has generally been slow in implementing 
Congressional mandates surrounding UTM.\2\ To help address the delay 
concerns identified in the OIG audit report, Congress should direct the 
FAA to develop a long-term roadmap with clear milestones for the 
development and operationalization of a robust UTM system.
---------------------------------------------------------------------------
    \2\ FAA Faces Significant Barriers to Safely Integrate Unmanned 
Aircraft Systems into the National Airspace System (OIG Report No. 
AV2014061), June 26, 2014.
---------------------------------------------------------------------------
    Finally, Congress should invest in the workforce of tomorrow. The 
Senate should pass the Bipartisan Drone Infrastructure Inspection Grant 
(DIIG) Act, recently passed by the House of Representatives, which 
would provide grants to community colleges and universities to train 
new and existing workers on drone technology and to prepare them for 
careers in aviation and STEAM, building on unfunded programs 
established in the 2018 FAA Reauthorization Act.

    Question 2. In conjunction with partners like NASA, FAA is in the 
process of developing a UAS Traffic Management (UTM) implementation 
plan to enable multiple beyond visual line-of-sight drone operations at 
altitudes below 400 feet where FAA air traffic control services are not 
provided. What actions should Congress take to ensure timely FAA 
implementation of UTM capacity and integration of drone operations?
    Answer. UTM will be critical to the safe and secure expansion of 
UAS operations into the NAS. Without UTM, the countless benefits of 
expanded, scalable, and complex UAS operations for Americans and 
American businesses will be more difficult to achieve. As a precursor 
to a UTM system, Congress should direct the FAA to enable and encourage 
the modernization and evolution of the LAANC program. In particular, 
the FAA should permit approved UAS Service Suppliers (USSs) to utilize 
application program interfaces (APIs) and deep linking with the 
software products of third parties, putting a more user-friendly and 
cohesive interface at the UAS operator's fingertips to access an 
ecosystem of services that support aviation safety and efficiency. This 
modernization of the Low Altitude Authorization and Notification 
Capability (LAANC) system will enhance safety by increasing compliance 
among airspace users, and avoid a chilling effect on innovation in the 
United States. Beyond enhancing safety, the implementation of UTM is 
also critically important to operationalizing scaled UAS operations in 
the United States. This fact has been recognized by other civil 
aviation authorities around the world as they make progress 
implementing comparable UTM systems, like the European Union's U-space 
system and Australia's Flight Information Management System.\3\ 
Congress should direct the timely operationalizing of UTM and direct 
the FAA to enhance transparency around UTM so industry can plan 
accordingly.
---------------------------------------------------------------------------
    \3\ Beechener, Jenny. ``Industry, Regulators Discuss Challenges of 
Slowing UTM Deployment.'' Unmanned Airspace. https://
www.unmannedairspace.info/uncategorized/industry-regulators-discuss-
challenges-of-slowing-utm-deployment/. Accessed 31 October 2022.
---------------------------------------------------------------------------
                                 ______
                                 
 Response to Written Questions Submitted by Hon. John Hickenlooper to 
                              Lisa Ellman
    UAS Research and Development Investments. Ms. Ellman, as you are no 
doubt aware, the recently passed CHIPS and Science Act (P.L. 117-167) 
included significant investments in our Nation's high technology 
research, development, and manufacturing capabilities.

    Question. Are the investments we are making through CHIPS and 
Science sufficient to support U.S. drone technology development and 
manufacturing, or should more be done to specifically support this 
sector of industry?
    Answer. Investments are helpful, and enactment of the bipartisan 
Drone Infrastructure Inspection Grant (DIIG) Act would be helpful as 
well. To the extent the DIIG Act, which was recently passed by the U.S. 
House of Representatives and introduced in the Senate by Senators 
Rosen, Blumenthal, and Boozman is not enacted in 2022, we encourage 
Congress to ensure this critical program is enacted in the 2023 FAA 
Reauthorization. This Program would have two fundamental pillars, each 
administered by the DOT:

  (1)  $100 million to enable States, cities, and tribal governments to 
        inspect America's aging infrastructure with drone technology 
        (including by funding program management capacity or drones), 
        thereby making workers safer, inspections more efficient, and 
        infrastructure more resilient, while supporting high-paying 
        jobs in inspection and U.S. drone manufacturing; and

  (2)  $100 million for grants to community colleges and universities 
        to train new and existing workers on drone technology and to 
        prepare them for careers in aviation and STEAM, building on 
        unfunded programs established in the 2018 FAA Reauthorization 
        Act.

    Beyond the DIIG Act, Congress can also help support U.S. drone 
technology development and manufacturing in the United States, 
including the creation of domestic jobs, by providing funding necessary 
to enhance and expand the successful Blue UAS program used by the 
Department of Defense (DOD) Defense Innovation Unit (DIU) to vet 
commercial UAS technology for DOD use.
    Congress should also require a report on the extent to which DOD 
and other agencies can replicate the Army's experience of rapidly 
procuring UAS systems in large numbers.
    Additionally, Congress should consider other targeted funding 
measures designed to support a more competitive playing field and 
support the domestic manufacturing of green, clean, secure UAS 
technology.
    But alongside investment, we need policy--the regulatory frameworks 
are holding back private investment into the U.S. drone marketplace and 
jeopardizing America's longstanding leadership in aviation.
    A key barrier to private investment in the U.S. drone marketplace 
revolves around the process for authorizing UAS research and 
development operations in the U.S. UAS R&D activities help support the 
safe and efficient integration of UAS into the NAS. However, current 
R&D processes do not enable broad testing in the U.S. in a timely way. 
For R&D involving UA that weight 55 pounds or more, it can take several 
years to obtain all of the operational and airworthiness approvals 
necessary to conduct limited R&D operations in a controlled and safe 
environment.
    There are several important and concrete steps that Congress can 
take to help address this situation. (1) Congress should direct the FAA 
to streamline R&D processes through a risk-based regulatory framework. 
(2) Congress should direct the FAA to utilize existing authorities to 
enable test sites and public-private partnerships to move UAS 
integration forward and promote U.S. leadership in aviation, including 
requesting a timeline from the FAA for immediate implementation of 49 
U.S.C. Sec. 44803. (3) In addition, to assist the FAA in carrying out 
the objectives of the UAS Test Site program, Congress should clarify 
that UAS operated for R&D purposes at UAS Test Sites meet the 
definition of ``public aircraft'' in 49 U.S.C. Sec. 40102(a)(41) and 
qualify for public aircraft operations (PAO) status under 49 U.S.C. 
Sec. 40125. (4) Congress should direct the FAA to encourage the 
continued use and expansion of technology innovation zones and support 
communities that are eager to embrace new technologies such as UAS. (5) 
Congress also should renew or extend the test site mandate from the FAA 
Modernization and Reform Act of 2012.
    Finally, there must be a viable path to commercialization for UAS 
manufacturers and operators. Enabling R&D operations is critical, but 
spurring private investment into the U.S. drone marketplace will only 
occur if companies can operationalize at scale in the U.S. Expeditious 
implementation of the Beyond Visual Line Of Safety Aviation Rulemaking 
Committee's recommendations is an essential component to enabling 
expanded UAS operations and allowing companies to operationalize and 
scale in the U.S.
                                 ______
                                 
  Response to Written Questions Submitted by Hon. Raphael Warnock to 
                              Lisa Ellman
    FAA Engagement with New and Traditional Aviation. From commercial 
aircraft and private jets to airports and air force bases, the aviation 
industry is critical to Georgia's economy and national security. The 
Federal Aviation Administration (FAA) is an essential partner in 
aviation, certifying existing and new aircraft models and ensuring they 
meet Federal safety and operational standards. As emerging aviation 
technologies such as advanced air mobility (AAM) and unmanned aircraft 
systems (UAS) promise revolutionary changes to commercial and business 
aviation, the role of the FAA will become even more important.

    Question. How should Congress and the FAA engage with new aviation 
entrants while also sustaining proper engagement with the traditional 
aviation community, to help foster innovation and growth? Does the FAA 
have the resources it needs to adequately manage its engagement with 
new entrants and traditional aviation users, as both experience record 
demand?
    Answer. As a threshold matter, we would note that there are certain 
challenges with bundling UAS and AAM together as they are on different 
deployment timelines. As you know, commercial drone use--whether for 
delivery, inspection, or other beneficial use cases--is ready for roll 
out (as happening somewhat domestically with limitation, and more 
robustly in some areas overseas). More complex operations, like 
autonomous passenger electric vertical take-off and landing (eVTOL) 
operations, are still maturing.
    Proper engagement with all aviation stakeholders is critical; 
however, there are deficiencies with the FAA's current organizational 
structure that hinder the agency's engagement with new entrants, 
particularly with respect to UAS stakeholders. Congress should 
reorganize the FAA to better align responsibility for UAS integration 
with authority over UAS approvals, which would help the FAA be more 
efficient and timely. The UAS Integration Office is tasked by Congress 
to lead the FAA's efforts to safely integrate UAS and AAM operations 
into the NAS. Despite this mandate, the FAA's UAS Integration Office 
has no authority to actually integrate UAS. Instead, responsibility for 
UAS integration is diffused and splintered across many different FAA 
lines of business, each with its own existing set of traditional 
aviation responsibilities and mandates.
    This disconnect between responsibility and authority is a critical 
weakness in the FAA's current UAS framework. To address this systematic 
misalignment, Congress should create a new position of Associate 
Administrator to oversee UAS integration and thereby empower the FAA's 
UAS Integration Office with the resources and authorities to fulfill 
the mandate of UAS integration into the NAS. This office should have 
the dual mandate of ensuring the safe integration of UAS into the NAS 
and encouraging and promoting a commercially viable UAS industry and 
American leadership in UAS. The Associate Administrator should have the 
authority to approve UAS rulemaking, as well as certification and 
operational approvals for specific low risk categories of UAS.

    Efficient Integration. New aviation entrants like UAS and 
commercial space flight promise new and exciting opportunities for the 
commercial aviation and space industries. However, as the two 
technologies grow in adoption and increase their use of the National 
Airspace System (NAS), I believe it will be critical that Congress, the 
FAA, and the aviation industry work together to ensure smooth 
integration that prioritizes safety and the American public.

    Question. What specific actions should the FAA and new aviation 
entrants take to ensure effective and efficient integration in to the 
NAS?
    Answer. Policy has lagged behind technology, and integration 
efforts have lagged behind the pace of innovation in America. 
Notwithstanding the valiant efforts of certain staff at the FAA and 
other industry stakeholders, progress toward safe and scalable UAS 
operations integrated into the NAS has been slow and halting, and 
America is being left behind. To deliver on its promise to integrate 
UAS into the NAS, it is essential that the FAA work diligently to 
enable expanded operations and allow UAS operations to scale safely. To 
that end, Congress should direct the FAA to issue a timely notice of 
proposed rulemaking enabling BVLOS operations in alignment with the 
Beyond Visual Line Of Safety (BVLOS) Aviation Rulemaking Committee's 
recommendations.
    Congress should also direct the DOT and the FAA to improve and 
expedite the airworthiness approval process for UAS technologies. For 
several years, the FAA has tried and failed to adapt the existing and 
burdensome airworthiness process to UAS.
    Congress should direct the FAA to adopt industry-based standardized 
airworthiness compliance standards, modeled after the FAA's light-sport 
aircraft certification process, to provide manufacturers with clear 
guidance on how to obtain FAA airworthiness approval. Improving these 
critical processes will promote UAS innovation while ensuring that 
technological, safety, and security advances are implemented 
efficiently. It is also important that Congress provide adequate 
resources for the FAA to implement advanced aviation certification 
programs.
    Congress should direct the DOT and FAA to consider inter-modal risk 
tradeoffs when authorizing BVLOS UAS operations.\1\
---------------------------------------------------------------------------
    \1\ National Academies of Sciences, Engineering, and Medicine 2018. 
Assessing the Risks of Integrating Unmanned Aircraft Systems (UAS) into 
the National Airspace System. Washington, DC: The National Academies 
Press. Found at https://doi.org/10.17226/25143.
---------------------------------------------------------------------------
    Given the rapid advances in UAS technology, it is also essential 
that industry stakeholders actively engage with and work to educate 
policymakers and regulators on new technologies and the ways in which 
technological advancements can improve the overall safety and 
efficiency of operations in the NAS. The Commercial Drone Alliance 
looks forward to continuing its many years of engagement and education 
with policymakers and regulators.

    New Entrant Contributions. From investments in our Nation's 
airports to improvements to the air traffic control (ATC) system, the 
Aviation Trust Fund plays a critical role in supporting and enabling 
the day-to-day operations of the aviation industry. Traditional 
aviation users of the ATC system, such as commercial airlines and 
airports, pay into the Aviation Trust Fund through a number of Federal 
taxes and fees. However, new entrants are not currently required by 
Federal law to contribute to the fund.

    Question. Should the new entrants in the uncrewed community pay 
fees or provide other contributions to the Aviation Trust Fund? How can 
Congress and the FAA ensure equitable contributions to fund the costs 
of ATF?
    Answer. Modernization of our overall transportation infrastructure 
is critically important, and comes with costs, but it will provide 
significant and broad benefits to society.
    CDA sincerely appreciates this question because, we believe, the 
emerging UAS and AAM industries are currently contributing to the 
system through ongoing work to develop and deploy protocols and 
technologies to safely integrate new entrants into the NAS.
    For example, as you and your colleagues know, our industry 
stakeholders are investing heavily in coordination and deconfliction 
technologies, like UTM and Detect And Avoid (DAA) systems, to allow for 
scaled commercial deployment. Furthermore, many of the companies and 
organizations represented by CDA are deploying internationally and are 
sharing lessons learned with government entities like the FAA and NASA. 
For instance, NASA is partnering with CDA board member Zipline to 
answer questions about the future operations of autonomous fleets and 
CDA board members Amazon, Northeast UAS Airspace Integration Research 
(NUAIR), and Wing to answer questions about future UTM integration. 
These and other investments and efforts are essential to America 
remaining a leader in future aviation systems and critical to America's 
abilities to set global norms and standards.
    The Airport & Airway Trust Fund was established in 1970, 35 years 
after a group of airlines started the first Airway Traffic Control 
Station. There is certainly room for improvement to reflect today's 
aviation ecosystem. The UAS industry appreciates the need for 
innovative partnerships--including public-private partnerships--as well 
as new approaches to ensure that a modern sustainable infrastructure is 
available to provide the greater societal benefits that are possible 
with drone technology. An important principle established by the 
International Civil Aviation Organization (ICAO) notes that, ``. . . an 
equitable cost-recovery system could comprise charges based on the 
allocation of total air navigation services costs incurred on behalf of 
users.'' \2\ Consistent with this principle, it is understood that many 
drone operations will use UTM systems to manage low altitude air 
traffic, rather than rely upon direct service from ATC controllers.
---------------------------------------------------------------------------
    \2\ ICAO Doc. 9082, ``ICAO's Policies on Charges for Airports and 
Air Navigation Services'', Sec. III, p. 15.
---------------------------------------------------------------------------
    It is also important to note that there are a lot of efficiencies 
the agency could gain in its UAS integration efforts. There is often 
inconsistent and heavy staffing of simple projects, but if our FAA 
reorganization proposal was implemented, it could lead to efficiencies 
for the agency without affecting safety.
    The Drone Advisory Committee (now AAAC) has done a lot of thinking 
on this topic and published a report in 2018 with some ideas on 
equitable sharing of costs. We look forward to engaging with the 
broader aviation community on this important topic.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Roger Wicker to 
                              Lisa Ellman
    Question 1. Getting airworthiness approval, or a type certificate, 
for UAS aircraft is a critical part of advancing UAS technology. After 
more than four years of work, only a single type certificate has been 
issued for the entire UAS industry with dozens more applications 
sitting at the FAA. Recognizing the low-risk nature of small UAS, what 
are the challenges that remain before the FAA issues type certificates?
    Answer. Type certification has traditionally been considered key to 
accelerating the integration of complex, safe drone operations into the 
National Airspace System. Yet, as you point out, after several years of 
work, there has only been one type certificate issued. The CDA hopes 
that, since the FAA has now done this successfully once, the FAA can 
expeditiously incorporate lessons learned and streamline and improve 
the process for the agency and the broader industry.
    There are several challenges that remain for issuing type 
certificates for small UAS. For example, the FAA has tried and failed 
to adapt the existing and burdensome airworthiness process to UAS. It 
is critical that the type certification and airworthiness processes be 
improved, adapted, and tailored for small UAS. The inflexibility of the 
type certification process to accommodate iterative technological 
advancement of UAS designs--more akin to once-a-year updates of cell 
phone models rather than once-a-decade updates of large passenger 
aircraft models--suppresses UAS innovation. Under the current process, 
by the time the FAA issues a type certificate for a UAS model, the 
certificated technology might no longer be the state of the art.
    Another challenge revolves around noise certification. Under the 
current regulatory process, the FAA may only issue an original type 
certificate for an aircraft after the FAA determines that the aircraft 
meets prescribed noise standards. There are no prescribed noise 
standards for small UAS, which means the FAA needs to undertake a 
lengthy (years-long) and resource-intensive rulemaking process for 
every individual small UAS going through the type certification process 
to establish custom noise standards on a case-by-case basis. Rather 
than requiring the FAA to establish unique noise standards for every 
single different type of small UAS going through the certification 
process, Congress should direct the FAA to gather data necessary to 
establish generally applicable noise standards for small UAS and should 
exempt low-risk small UAS from noise certification requirements.
    Given the lack of progress on UAS type certification, the agency 
should work diligently to implement a new regulatory framework that 
right-sizes the risk analysis for scaled UAS operations. In particular, 
as discussed more fully below, the FAA must expeditiously implement the 
BVLOS ARC recommendations.

    Question 2. The BVLOS Aviation Rulemaking Committee issued its 
recommendations in March 2022. Can you highlight some of the most 
significant recommendations in terms of safety and pilot training?
    Answer. The BVLOS Aviation Rulemaking Committee report (``ARC 
Report'') contains a number of critical expert recommendations, advice, 
and information that the FAA needs to safely and effectively update its 
regulatory framework and normalize safe, scalable, economically viable 
advanced aircraft operations in the United States. Below is a brief 
summary of what the CDA considers to be the most significant 
recommendations in the ARC Report in terms of safety and pilot 
training.

   Right-of-Way Rules. The ARC's proposed aviation right-of-way 
        rules recognize that the airspace is shared and collaborative. 
        Since the current right-of-way rules do not address autonomous 
        aircraft, the ARC's recommendations reflect a shared risk model 
        in order to safely integrate autonomous aircraft, taking into 
        account the volume and nature of aircraft operations currently 
        at this altitude and aircraft collision avoidance roles and 
        responsibilities. This recommendation enhances safety for all 
        airspace users. It will better protect pilots who operate at 
        these critically-low altitudes from potential collisions, and 
        will allow thousands of extremely high-risk low-altitude 
        operations (such as power line inspections or chemical spill 
        monitoring) to be accomplished instead by drone more safely, 
        saving lives every year.

   Pilot Training and Qualification Based on Levels of 
        Automation. The ARC recommended that the BVLOS training and 
        qualification requirements be tailored to levels of automation 
        (AFR Levels 1, 2, 3, 4). Under this proposal, as UAS control 
        automation becomes more robust, the number/types of control 
        tasks that require human in-/on-the-loop tend to decrease, and 
        thus the level and depth of training required to operate such 
        UAS safely correspondingly decrease. In sum, BVLOS UAS training 
        programs must be tailored to focus on those functions that the 
        responsible pilot has the ability to control or affect through 
        the system.

   Establish New BVLOS Rating for Remote Pilot Certificate. The 
        ARC Report also recommends that the FAA establish a new BVLOS 
        rating for the remote pilot certificate, and that the BVLOS 
        rating process incorporate additional knowledge and examination 
        areas to support advanced BVLOS (including Right-of-Way Rules 
        for BVLOS operations, BVLOS Strategic and Technical Risk 
        Mitigation Strategies/Approaches, and Principles of Uncrewed 
        Traffic Management, among others).

    Question 3. Are there actions that the FAA can take today--through 
policy changes and other measures already within the FAA's authority--
to make progress on the ARC's recommendations while a more 
comprehensive rulemaking process unfolds? Additionally, can you 
describe the economic and public safety impacts if the FAA does not 
complete a timely rulemaking on BVLOS operations?
    Answer. (A). As recommended by the BVLOS ARC, the FAA should 
develop an interim, expedited pathway to allow small-scale BVLOS 
operations that do not present significant impacts on the environment. 
Such a pathway would enable UAS operations at a sufficiently meaningful 
scale to enable the industry's viability, provide significant benefits 
to the American people and ensure American competitiveness, while 
simultaneously facilitating data collection to inform future 
rulemaking.
    One of the most significant actions that the FAA can take right now 
is to immediately implement the BVLOS ARC's recommendation for enabling 
low-altitude ``shielded'' operations that permit drones to fly above 
and within very close proximity to structures and terrain where crewed 
aircraft are unlikely to operate. Shielded operations, sometimes 
referred to as ``masked operations'', can enable public safety missions 
such as search and rescue, as well as more efficient inspection of 
critical infrastructure like long range powerlines, pipelines and 
railroad tracks, that require drones to fly at low altitude and in 
close proximity to structures and the ground. Other governments, 
including the European Union and Australia, have already established 
frameworks to enable shielded operations at scale using standard 
scenarios or pre-defined risk assessments. Congress should direct the 
FAA to issue guidance similar to what other civil aviation authorities 
have done to provide a near-term pathway to enable shielded BVLOS 
operations before the completion of more comprehensive BVLOS 
rulemaking.
    The FAA should also look for opportunities to streamline current 
processes and timelines for issuing waivers and exemptions that enable 
BVLOS operations, prior to completion of more comprehensive rulemaking.
    Additionally, the FAA should use its existing authorities to enable 
test sites and public-private partnerships to move UAS integration 
forward and promote U.S. leadership in aviation, including immediate 
implementation of 49 U.S.C. Sec. 44803. To support carrying out the 
objectives of the UAS Test Site program, the FAA should also revise and 
clarify its current interpretation of public aircraft operations 
(``PAO'') so that UAS operated for R&D purposes at UAS Test Sites meet 
the definition of ``public aircraft'' in 49 U.S.C. Sec. 40102(a)(41) 
and qualify for PAO status under 49 U.S.C. Sec. 40125.
    Finally, the FAA should implement rules it has already finalized--
such as the operations over people (OOP) rule--and finish work that has 
been started. To date, only a single drone model has an FAA-accepted 
Declaration of Compliance authorizing operations over people under the 
OOP rule. BVLOS operations at scale will need to include flight over 
people, and the lack of attention to this issue will impede the 
industry's growth.
    (B). BVLOS operations are critically important if scalable, 
beneficial UAS operations are to become a reality in the United States. 
There will be significant economic and public safety costs if the FAA 
does not timely complete the BVLOS rulemaking. The failure to 
promulgate a final BVLOS rule in a timely manner would prevent the 
industry from bringing the countless benefits of UAS operations to the 
American public (e.g., drone delivery of medicines, PPE, and day-to-day 
commercial products; post-natural disaster inspections and assessments, 
delivery of emergency equipment; search and rescue; environmentally-
friendly and sustainable operations, enhancing worker safety, and 
more). Pages 14-19 of my written testimony include details on the many 
societal benefits of civil BVLOS UAS operations.
    The lack of a path for scaling BVLOS operations in the U.S. (as 
reflected by the absence of a final BVLOS rule) also significantly 
undermines U.S. competitiveness and jeopardizes the longstanding global 
leadership of the U.S. in aerospace. What can and should continue to be 
a booming American commercial UAS industry will see companies forced to 
move overseas or close. If companies can iterate new models of aircraft 
and operations and scale their businesses in other countries, the U.S. 
will continue to experience a loss of UAS investment, innovation, and 
competition. Once a company is operating abroad, it is unlikely to 
shift its investments back to the U.S. without regulatory certainty, 
and the American UAS industry will fall behind.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Maria Cantwell to 
                             Stephane Fymat
    U.S. Leadership in Sustainable Aviation Technology. You note in 
your testimony that the United States must maintain its global aviation 
leadership and enable the development of Advanced Air Mobility (AAM), 
which can make flight more sustainable through hybrid electric systems, 
batteries, and hydrogen fuel cells. In more traditional aircraft and 
propulsion systems, developing sustainable aviation fuel (SAF) at scale 
is critically important to reduce aviation's growing carbon footprint. 
International coordination will be important. Last month in Montreal, 
the United States and other civil aviation authorities, met for the 
41st session of the International Civil Aviation Organization (ICAO) to 
discuss aviation decarbonization among other topics. The United Nations 
expects aircraft carbon emissions to triple by 2050.

    Question 1. What steps can the United States take with 
international partners to foster the development of sustainable 
aviation technologies? How can FAA leverage existing bilateral safety 
agreements and technical assistance programs to further AAM 
technologies, harmonize safety standards, and facilitate the 
certification process?
    Answer. Chair Cantwell, thank you for your questions. With respect 
to your first question: ``What steps can the United States take with 
international partners to foster the development of sustainable 
aviation technologies?''

        Step 1: Ensure we have common regulatory frameworks for 
        aircraft certification, aircraft operation, vertiport design 
        and environmental impact. This will provide aircraft developers 
        and operators with a clear and global set of rules on which to 
        develop business plans, raise investment capital, operate 
        businesses and be compliant to sustainability obligations. This 
        fosters innovation of sustainable technologies and ensures that 
        focus is placed on the solutions that provide the maximum 
        impact.

        Step 2: Conclude rulemaking on Beyond Visual Line of Sight 
        (BVLOS) operations for drones and have them take effect in 
        2024, not 2029. Enabling long distance drone operations will 
        drive demand for better batteries, fuel cells, detect-and-avoid 
        systems, GPS-denied navigation systems and autonomy software--
        over and above that driven by Electric Vertical Takeoff and 
        Landing (eVTOL) air taxis.

    With respect to your second question: ``How can FAA leverage 
existing bilateral safety agreements and technical assistance programs 
to further AAM technologies, harmonize safety standards, and facilitate 
the certification process?''
    The majority of Advanced Aerial Mobility (AAM) vehicles are being 
developed in the United States, United Kingdom and Europe, subject to 
FAA, U.K. Civil Aviation Authority (UK CAA) and European Union Aviation 
Safety Agency (EASA) regulation for aircraft certification, 
respectively. The U.K. has decided to harmonize its aircraft 
certification standards with that of EASA. The U.S. has an existing 
bilateral aviation safety agreement with EASA that provides a framework 
whereby each region can accept the airworthiness certificate of the 
other. Furthermore, 14CFR Part 21 Sec. 21.29(a)(1)(ii) also enables the 
FAA to accept EASA's airworthiness requirements where they are the 
State of Design of a product with which a bilateral exists. This would 
be valid where the EASA requirements provide an equivalent level of 
safety to those that would be provided by the FAA for the same product.

        Step 1: The Federal Aviation Administration (FAA) can decide 
        and issue a policy or Advisory Circular (AC) that any applicant 
        that chooses to certify its aircraft using EASA's Special 
        Condition for small-category VTOL aircraft (known as ``SC/
        VTOL'') standard will be an acceptable certification basis by 
        FAA.

    This step has several major benefits:

   All European and U.K. aircraft developers will have the 
        assurance that their vehicles will be certifiable in the U.S. 
        at no extra cost. This helps enable their success in certifying 
        their vehicles and beginning flight operations in the US. This 
        is important, as U.S. technology companies--such as Honeywell, 
        but including others--are key providers to them. U.S. 
        technology leadership in key AAM technologies is thereby 
        enhanced.

   U.S. aircraft developers who are targeting a global market 
        will have to comply with EASA's SC/VTOL standards anyway, 
        regardless of what the FAA decides. This step therefore 
        provides them a clear and immediate pathway to get their 
        vehicles certified--which helps them and the technology 
        providers.

   The FAA retains all of its latitude to develop its 
        regulatory framework as it sees fit. SC/VTOL is widely seen as 
        a more stringent set of requirements than what the FAA 
        envisions, i.e., a superset of its envisioned requirements. 
        Therefore, any SC/VTOL-compliant vehicle will exceed the FAA 
        requirements.

   It costs nothing and can be acted upon immediately.

        Step 2: The FAA has discussed making its certification 
        framework a ``safety continuum'' whereby different regulatory 
        requirements would apply to a vehicle depending upon the size, 
        passenger capacity and other characteristics of the vehicle. 
        Make it a mandate that this continuum provides at least one a 
        pathway that is harmonized with EASA, even if it also provides 
        other pathways that are not harmonized.

    This step has the same benefits as Step 1 but provides a formal 
means by which U.S. applicants can apply for aircraft certification 
using a U.S. regulation, knowing that it will be able to be validated 
by EASA and U.K. CAA.

    Question 2. U.S. leadership at ICAO is important. This is something 
we stressed as part of reform enacted through the Aircraft 
Certification, Safety and Accountability Act, including raising the 
safety bar globally in areas like pilot training standards. What 
policies and strategies should the United States pursue at ICAO for 
advancing AAM and sustainable aviation technology?
    Answer. Advanced Aerial Mobility (AAM) aligns with all of The 
International Civil Aviation Organization (ICAO's) strategic 
objectives--aviation safety, air navigation capacity and efficiency, 
security and facilitation, economic development and environmental 
protection. It also aligns with several of ICAO's key initiatives--
innovation in aviation, humanitarian assistance and disaster response 
in aviation, and state action plans for aviation CO2 
reduction. ICAO does a lot of work to develop standardized regulations 
and policies across the globe that are then adopted by its member 
nations.
    The United States should engage with ICAO to create the task forces 
to perform the research and arrive at guidelines that can be adopted on 
a global scale. This ensures that AAM can be deployed globally in a 
straightforward fashion.
    Linking the ICAO initiatives on efficiency with their targets for 
environmental protection can provide a roadmap for near term 
initiatives to improve Airline operations at the same time assisting in 
meeting travel demand during a time of supply chain disruption. Clear 
guidance on the benefits of improved efficiency of Airline operations 
and ``Scope 4'' impact to Airport and infrastructure requirements will 
incent investment decisions that may not currently be under 
consideration.
                                 ______
                                 
  Response to Written Questions Submitted by Hon. Raphael Warnock to 
                             Stephane Fymat
    FAA Engagement with New and Traditional Aviation. From commercial 
aircraft and private jets to airports and air force bases, the aviation 
industry is critical to Georgia's economy and national security. The 
Federal Aviation Administration (FAA) is an essential partner in 
aviation, certifying existing and new aircraft models and ensuring they 
meet Federal safety and operational standards. As emerging aviation 
technologies such as advanced air mobility (AAM) and unmanned aircraft 
systems (UAS) promise revolutionary changes to commercial and business 
aviation, the role of the FAA will become even more important.

    Question. How should Congress and the FAA engage with new aviation 
entrants while also sustaining proper engagement with the traditional 
aviation community, to help foster innovation and growth? Does the FAA 
have the resources it needs to adequately manage its engagement with 
new entrants and traditional aviation users, as both experience record 
demand?
    Answer. Senator Warnock, thank you for the question. This is an 
excellent question, the foundation of Honeywell Aerospace is more than 
100 years of safety innovation, and we work with the full breadth of 
the civil and defense aviation community--including commercial, 
business, and general aviation. Safety is our number one priority.
    At the moment, the FAA does not have a formal mandate to foster 
innovation, it only has a formal mandate to ensure safety. Furthermore, 
the FAA seems to be of the mindset that innovation is de facto a risk 
to safety and that the way to way to manage this risk is to go slowly 
and minimize the capability of these innovations when introducing them 
into the airspace. We have seen this before with light sport aircraft--
where the performance limitations imposed did nothing to improve safety 
and hobbled what should have been a new wave of modern aircraft. We are 
seeing it now with Uncrewed Aircraft Systems (UAS) Beyond-Visual-Line-
Of-Sight (BVLOS) rulemaking, where it seems increasingly likely that we 
won't have fully scalable BVLOS operations in the U.S. until 2030--
making the U.S. one of the last countries in the world to have broad 
commercial and public sector UAS operations.
    How should Congress engage with new aviation entrants? First, 
Congress should change the mandate of the FAA to be a dual mandate--
safety and innovation, with safety always remaining the top priority. 
The FAA can and should enable safe innovative operations. Second, 
Congress should hold the FAA accountable for the safety impacts of not 
enabling innovations into the airspace soon enough, such as the number 
of lives lost by not allowing the use of drones for agricultural 
spraying, wildfire fighting, etc. Third, Congress should hold the FAA 
accountable to deadlines by which it will accomplish certain regulatory 
objectives. Nothing ever got done on time without a deadline. These 
three changes go far beyond Advanced Aerial Mobility (AAM) and UAS and 
enable the FAA to embrace any new innovation, especially those that 
improve safety.
    We believe that the FAA needs to be resourced to succeed in both 
Advanced Air Mobility and traditional aviation, today they are not. 
These industries are not mutually exclusive, but together will 
determine if the United States retains its global leadership position 
in aviation or not. This will require securing additional talent, 
focus, and commitment. We believe the FAA needs more resources in order 
to adequately address the growing certification pipeline of the novel 
UAS and AAM platforms which are increasing rapidly, and to expedite the 
necessary rulemakings. This includes the need for additional dedicated 
personnel focused on UAS/AAM certification and rulemaking.
    Many industry players in the traditional aviation community are 
also heavily invested in new companies or AAM products so the lines are 
blurred. Traditional aviation is using AAM to advance key technology in 
electrification and autonomy. The FAA needs to engage the AAM community 
to advance aviation safety and innovation across the board.

    Efficient Integration. New aviation entrants like UAS and 
commercial space flight promise new and exciting opportunities for the 
commercial aviation and space industries. However, as the two 
technologies grow in adoption and increase their use of the National 
Airspace System (NAS), I believe it will be critical that Congress, the 
FAA, and the aviation industry work together to ensure smooth 
integration that prioritizes safety and the American public.

    Question. What specific actions should the FAA and new aviation 
entrants take to ensure effective and efficient integration into the 
NAS?
    Answer. Senator Warnock, thank you for your question. We certainly 
agree with you that collaboration between government and all aviation 
stakeholders is essential to integrating new entrants into our shared 
National Airspace System (NAS).
    The Federal Aviation Administration (FAA) should continue to work 
with Advanced Aerial Mobility (AAM) entrants to pragmatically and 
safely integrate UAS/UAM operations. To this end, the FAA should 
organize more robust industry pilot programs to expand and standardize 
UAM/AAM Concepts of Operations (CONOPs) with NASA and solicit industry 
input. The FAA should identify existing gaps to current flight rules 
(including establishing pilot training requirements for UAS and AAM 
pilots), establish flight corridors, procedures, and separation 
services to scale AAM operations without overburdening the Air Traffic 
Control (ATC) system.
    Looking forward, the FAA should accelerate the development of 
digital flight rules to scale up the capacity of the NAS for all users 
and aviation modalities. In this context, Advanced Aerial Mobility is a 
key leading market and technology accelerator to advance the 
development of next generation flight management and airspace 
integration technologies like end-to-end trajectory-based navigation, 
digital communication and management of flight intent and automated 
airspace management. These technologies and operational enablers will 
increase the safety and capacity of the NAS for all users--from crewed-
commercial aircraft to AAM. This is why it is important for all of us 
to remember, the choice before us isn't the advancement of technology 
or safety, it is that advancing technology can and has historically led 
the U.S. and the world to greater degrees of aviation safety.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Roger Wicker to 
                            Edward M. Bolen
    Question 1. The FAA recently announced plans to regulate AAM 
vehicles as a ``special class'' of aircraft rather than relying on the 
``Part 23'' framework which governs small airplanes. How has this 
change affected your operators and how can we on the committee be 
helpful in assisting operators in their certification processes?
    Answer. When the FAA changed the process for advanced air mobility 
(AAM) aircraft certification, our AAM members adjusted without changing 
their prearranged timelines. What is paramount in the certification 
process is transparency and certainty from the FAA.
    The agency committed to introducing a Special Federal Aviation 
Regulation (SFAR) by December 2024 to coincide with the planned 
introduction of the first AAM commercial operations. This is a critical 
step in the path to enable commercial AAM operations and pilot 
licensing, and we welcome the agency's declaration that this change 
preserves consistency in certification for safety without introducing 
cumbersome delays to the necessary processes for marketplace 
introduction. To date, Joby Aviation has completed half of the four-
step certification process.
    We ask that this Subcommittee closely monitor the agency's stated 
goal of completing the process for AAM introduction into the NAS by 
2024, and continue to encourage transparency and certainty in the 
process.
    While aircraft and operational certification are a major priority, 
we must also acknowledge the significant work happening in parallel to 
address other critical components of this new entrant capability, 
including Unmanned Traffic Management (UTM), air traffic operations, 
and heliport and vertiport design considerations. Each of these work 
streams must integrate seamlessly if we hope to realize the potential 
benefits of our efforts.
    For example, in addition to AAM operations that focus on passenger-
carrying operations, UAS aircraft continue to demonstrate growing value 
in critical areas such as search and rescue, public safety and 
security, package and cargo delivery, life-saving medical supply 
delivery and other innovative transportation models. Proof-of-concept 
projects in the U.S. have shown public acceptance and desire for these 
services. We strongly believe these projects should set the stage for 
more predictable aircraft and operational certifications.
    As part of the upcoming FAA Reauthorization, we look forward to a 
continued dialogue on how the agency can utilize the existing 
regulatory structure and innovative operational and aircraft 
certification concepts to facilitate the safe introduction of these 
technologies. Providing general aviation with certainty for 
certification, airspace integration, operational approvals, airport 
investment and infrastructure standards development will all be 
critical for the United States to remain a global leader in aviation.

    Question 2. In recent months, some in the legacy aviation industry 
have called for new entrants to begin paying into the national 
airspace, just as commercial aircraft operators do today. As UAS 
aircraft begin to operate in the NAS more frequently, what steps do you 
see as necessary to ensure an equitable allocation of FAA fees?
    Answer. Business aviation will continue to pay the share that is 
determined by Congress.
    NBAA would recommend that new entrants only pay into the system 
when they are using controlled airspace and existing or automated air 
traffic services.
    Thankfully the current fee structure works to capture most AAM or 
``Air Taxis'' which will operate under Part 135, a charter-type service 
with a ticket tax, segment fee, cargo waybill and aircraft registration 
fee. For commercial space and UAS, a percent of the cargo or payload 
being transported, seems appropriate.
    We look forward to working with Congress to find for electric 
aviation-eVTOL and eCTOL-an alternative to the fuel tax by converting 
energy to gallons at the same rate.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Roger Wicker to 
                             Gregory Davis
    Question 1. In order for the United States to lead in AAM, what 
must the FAA and industry do to create a pathway for current rotor 
aircraft pilots to be certified to operate AAM aircraft at levels 
adequate to keep pace with the growing AAM industry?
    Answer. Thank you for the question, Senator Wicker. We appreciate 
the longstanding leadership of you and your congressional colleagues in 
advancing the adoption of low-emission aviation technologies. Your 
efforts are critical to ensuring the aviation industry continues to 
play its part in achieving our Nation's sustainability goals.
    In order to create a pathway for current rotor and fixed wing 
aircraft pilots to be certified to operate AAM aircraft at adequate 
levels, the FAA must partner with AAM companies to pioneer new training 
methods for aircraft operators as the industry prepares for all-
electric flight. We must work together to address the need for holistic 
and comprehensive training resources.
    With the collaboration and support of the FAA, we will have the 
resources necessary to develop and scale robust training programs, 
provide state-of-the-art flight simulation and unparalleled expertise 
for a new way of operating aircraft. We must establish our leadership 
in immersive pilot training programs that put safety and readiness at 
the forefront of our mission.

    Question 2. What are some of the regulatory, legislative, and 
operational challenges that the industry is facing and is the FAA 
adequately preparing for these challenges?
    Answer. I'd like to reinforce my statements from my original 
testimony, encouraging the FAA to look beyond the borders of the U.S. 
and work with global regulators, focus on clear requirements for 
certification of battery technology, and work with agencies from other 
Departments, such as the Department of Energy, on the development of 
charging infrastructure and battery technology. These are critical 
elements in moving the industry towards sustainable aviation.
    Additionally, the next generation of aviation will impact airport 
facilities in a multitude of ways, beginning with three main segments: 
facilities, utilities and sustainability. As the industry and the world 
starts to adopt electric aircraft, the existing airport structures will 
need to adapt for electric transit.
    On this front, I believe the FAA and other agencies such as the DOE 
and NASA, should work together the expansion of aircraft charging 
networks to service rural and urban airports across the country. These 
agencies have the opportunity to identify existing airports for 
electrification and ensure the adequate supply of power to those 
airports for electric charging networks. This includes electrical 
utilities that are sufficient to charge and maintain electric aircraft 
anywhere from 1200 to 4000 amps.
    The installation of airport charging systems can be handled through 
a mix of private enterprise, airport investment and Federal investment 
to ensure equitable access to sustainable aviation across well-
established and underserviced airports, such as those in rural 
communities.
    Last, the FAA should make funds available to push forward 
sustainability initiatives that support the infrastructure outlined 
above. For example, acquiring funding for solar power, or industrial 
battery storage, would be a major investment with a huge sustainability 
offset.

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