[Senate Report 107-309]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 697
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-309

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



 
FEDERAL AVIATION ADMINISTRATION RESEARCH, ENGINEERING, AND DEVELOPMENT 
                      REAUTHORIZATION ACT OF 2002

                                _______
                                

                October 10, 2002.--Ordered to be printed

                                _______
                                

      Mr. Hollings, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 2951]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2951) a bill to authorize 
appropriations for the Federal Aviation Administration, and for 
other purposes, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                          Purpose of the Bill

  The purpose of this bill, as reported, would authorize 
$261,000,000 in fiscal year (FY) 2003, $274,000,000 in FY 2004, 
and $287,000,000 in FY 2005 for the Federal Aviation 
Administration (FAA) to conduct research, engineering, and 
development (RE&D) activities.

                          Background and Needs

  The FAA was created in 1958 with the primary responsibilities 
of promoting safety in the nation's air transportation system 
and developing air commerce. As part of the Airport and Airway 
Trust Fund established by Congress in 1982, it was determined 
that a comprehensive research and development program was 
necessary at FAA to maintain a safe, efficient air traffic 
system. To further address this need, Congress mandated FAA 
issue an annual report on the subject, and the National 
Aviation Research Plan was created to provide a blueprint for 
developing new RE&D capabilities as the means for communicating 
and coordinating development directions within the agency and 
the aviation community.
  The FAA RE&D account finances projects to improve the safety, 
security, capacity, and efficiency of the U.S. aviation system. 
Aimed at providing the systems and procedures needed for a safe 
and efficient system of air navigation and air traffic control, 
the FAA RE&D program develops and validates the technologies, 
systems, designs, and procedures required for the full range of 
the agency's operational and regulatory activities to succeed. 
The RE&D program is functionally divided into the following 
eight areas: Air Traffic Services; Airport Technology; Aircraft 
Safety; Information Security and Technology; Human Factors and 
Aviation Medicine; Environmental; Commercial Space 
Transportation; and an overall planning and coordinating 
function known as Aviation Research Mission Support.
  Funding for the FAA RE&D program was last authorized by the 
Wendell H. Ford Aviation Investment and Reform Act for the 21st 
Century (P.L. 106-181). This authorization expired at the end 
of FY 2002.

                      Summary of Major Provisions

  S. 2951 would provide a three-year authorization for the FAA 
RE&D programs of $261 million in FY 2003, $274 million in FY 
2004, and $287 million in FY 2005. The funding in this bill is 
to be used for the following purposes: 1) to improve aviation 
safety; 2) to improve the efficiency of the air traffic control 
system; 3) to reduce the environmental impact of aviation; and 
4) to improve the efficiency of mission support.
  S. 2951 would require the FAA, the National Aeronautics and 
Space Administration (NASA), and the Transportation Security 
Administration (TSA) to coordinate a civil aviation research 
and development (R&D) plan to improve on the ways that new 
technology is being used. It would require that a plan is 
submitted to Congress that outlines ways to improve the 
exchange of information to have a more efficient use of 
technological advances.
  The bill would mandate the continuation of a research program 
for airfield pavement improvement by which the FAA may provide 
grants or other incentives to non-profit concrete pavement 
foundations to improve safety through improved runway planning, 
building, and repair. It also would require the FAA to review 
standards to ensure current 20-year life requirements for 
runways are being met and to provide adjustments if they are 
not. The FAA would be directed to report to Congress on this 
review within 1 year.
  S. 2951 would direct the FAA to work with NASA to develop 
plans for the creation of a new air traffic management system 
to meet the long-term aviation needs of the U.S., and to work 
with the proper Federal agencies to implement it with the 
development of a blueprint and transition plan to incorporate 
it into the National Airspace System.
  Under the bill, FAA also would be required to make an 
arrangement with the National Research Council (NRC) to assess 
the FAA's proposed wake turbulence research and development 
program. The bill would authorize $500,000 to be spent on this 
initiative, and would require that a report be submitted to 
Congress on the results the NRC assessment within 1 year.
  Finally, S. 2951 would give the FAA the option of conducting 
research on the creation of analytical tools to improve 
certification methods to reduce costs for manufacturers, 
developing a ``cabin air quality'' research program based on 
National Academy of Science reports on the matter, and 
performing a systematic review and assessment of the causes of 
delay at the nation's 31 busiest airports.

                          Legislative History

  On September 17, 2002, Senator Rockefeller introduced S. 
2951, a bill to authorize appropriations for the FAA RE&D 
program. The bill was originally cosponsored by Senators 
Hollings, McCain, and Hutchison.
  On September 19, 2002, the Committee on Commerce, Science, 
and Transportation met in open executive session to consider S. 
2951. The Committee reported S. 2951 favorably, without 
amendment, by voice vote.

                            Estimated Costs

  In compliance with subsection (a)(3) of paragraph 11 of rule 
XXVI of the Standing Rules of the Senate, the Committee states 
that, in its opinion, it is necessary to dispense with the 
requirements of paragraphs (1) and (2) of that subsection in 
order to expedite the business of the Senate.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 2951 would authorize appropriations for the FAA RE&D 
program for Fiscal Years 2003, 2004, and 2005. Although the 
funding levels authorized are higher than current levels, the 
legislation should not affect the number of persons covered 
under existing programs.

                            ECONOMIC IMPACT

  As reported, S. 2951 would extend an existing program. No 
negative impact to taxpayers is expected from the enactment of 
this legislation. The funding levels in the bill are modest and 
are not expected to have an inflationary impact on the nation's 
economy.

                                PRIVACY

  S. 2951 should not have any adverse impact on the personal 
privacy of the individuals affected by the legislation.

                               PAPERWORK

  The Committee does not anticipate any increase in the 
paperwork burden resulting from the extension of the FAA RE&D 
program.

                      Section-by-section Analysis

SEC. 1. SHORT TITLE.

  The short title of the bill is the ``Federal Aviation 
Administration Research, Engineering, and Development Act of 
2002.''

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

  This section would direct that funds appropriated to the 
Secretary of Transportation for Research, Engineering, and 
Development activities for projects including aviation safety, 
improving efficiency of the air traffic control system, 
reducing the environmental impact of aviation, and improving 
the efficiency of mission support, may not exceed $261,000,000 
in FY 2003, $274,000,000 in FY 2004, and $287,000,000 in FY 
2005.

SEC. 3.COORDINATION OF NATIONAL AVIATION SAFETY AND SECURITY RESEARCH 
                    PROGRAMS.

  This section would require the FAA Administrator, the NASA 
Administrator, and the Under Secretary of Transportation for 
Security to develop and submit to Congress a civil aviation 
research and development plan by June 30, 2003. This updated 
plan must recognize the appropriate role and responsibility of 
the FAA, NASA, and TSA in the research and development arena, 
and review the necessary steps that may be pursued to improve 
the exchange and utilization of new technology in an 
operational setting that will provide for a more efficient use 
of these advances.

SEC. 4. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENT.

  This section would direct the FAA Administrator to continue 
the airfield pavement research program, which permits grants, 
cooperative agreements, or other incentives that may be 
provided to nonprofit concrete pavement research foundations 
that are tasked with improving the safety and efficiency of 
runway planning, building, and repair.

SEC. 5. ENSURING APPROPRIATE STANDARDS FOR AIRFIELD PAVEMENT.

  This section would require the FAA Administrator to review 
and determine whether FAA's standards regarding airfield 
pavement thickness meet the current life-cycle requirements, 
and, if not, the Administrator must provide for appropriate 
adjustments. Within 1 year of passage of this legislation, the 
Administrator would be required to provide the results of this 
review to the appropriate House and Senate Committees.

SEC. 6. AIR TRAFFIC MANAGEMENT RESEARCH AND DEVELOPMENT INITIATIVE.

  This section would require the FAA Administrator to work with 
NASA to develop a blueprint for the creation of an innovative 
air traffic management system that will meet the long-term 
aviation security, safety, and capacity needs of the U.S. This 
system should utilize current air traffic initiatives, improve 
on aviation services, use a systems approach, develop an 
advanced information network, and ensure seamless global 
operations for users.
  This section further would direct the FAA Administrator to 
work with NASA and other appropriate government agencies on 
implementing the air traffic management system that would be 
designed under the Air Traffic Management Research and 
Development Initiative by developing performance requirements, 
determining the best operational concept and architecture, 
utilizing modern design tools, ensuring the readiness of 
enabling technologies, and developing a transition plan that 
will effectively place the new air traffic management plan in 
the National Airspace System.

SEC. 7. ASSESSMENT OF WAKE TURBULENCE RESEARCH AND DEVELOPMENT PROGRAM.

  This section would instruct the FAA Administrator to enter 
into an arrangement with the NRC to assess the FAA's proposed 
wake turbulence research and development program. The 
assessment is required to address the following: program goals 
and objectives; any additional goals and objectives that should 
be included in the program; the ability of the program to 
achieve its goals and the resources needed to meet the program 
goals and objectives; and the role other Federal agencies 
should play in the program and how best to incorporate them.

SEC. 8. DEVELOPMENT OF ANALYTICAL TOOLS AND CERTIFICATION METHODS.

  This section would give the FAA the option of conducting 
research to advance the creation of analytical tools to improve 
current certification methods, and reduce the total cost to 
manufacturers for the certification of new products.

SEC. 9. CABIN AIR QUALITY RESEARCH PROGRAM.

  This section would give the FAA the option of developing a 
research program to address issues regarding the cabin air 
quality of passenger planes in an effort to comply with the 
recommendation of the National Academy of Sciences report, 
``The Airliner Cabin Environment and the Health of Passengers 
and Crew.''

SEC. 10. RESEARCH TO IMPROVE CAPACITY AND REDUCE DELAYS.

  This section would give the FAA the authority to perform a 
systematic review and assessment of the causes of airport delay 
at the airports identified in the agency's Airport Benchmarking 
Study.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                      TITLE 49, UNITED STATES CODE

                             TRANSPORTATION

                    SUBTITLE VII. AVIATION PROGRAMS

                           PART C--FINANCING

       CHAPTER 481. AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS

                             * * * * * * *

Sec. 48102. Research and development

    (a) Authorization of Appropriations.--Not more than the 
following amounts may be appropriated to the Secretary of 
Transportation out of the Airport and Airway Trust Fund 
established under section 9502 of the Internal Revenue Code of 
1986 (26 U.S.C. 9502) to carry out sections 44504, 44505, 
44507, 44509, and 44511-44513 of this title:
            (1) for fiscal year 1995--
                    (A) $7,673,000 for management and analysis 
                projects and activities;
                    (B) $80,901,000 for capacity and air 
                traffic management technology projects and 
                activities;
                    (C) $39,242,000 for communications, 
                navigation, and surveillance projects and 
                activities;
                    (D) $2,909,000 for weather projects and 
                activities;
                    (E) $8,660,000 for airport technology 
                projects and activities;
                    (F) $51,004,000 for aircraft safety 
                technology projects and activities;
                    (G) $36,604,000 for system security 
                technology projects and activities;
                    (H) $26,484,000 for human factors and 
                aviation medicine projects and activities;
                    (I) $8,124,000 for environment and energy 
                projects and activities; and
                    (J) $5,199,000 for innovative/cooperative 
                research projects and activities;
            (2) for fiscal year 1996--
                    (A) $8,056,000 for management and analysis 
                projects and activities;
                    (B) $84,946,000 for capacity and air 
                traffic management technology projects and 
                activities;
                    (C) $41,204,000 for communications, 
                navigation, and surveillance projects and 
                activities;
                    (D) $3,054,000 for weather projects and 
                activities;
                    (E) $9,093,000 for airport technology 
                projects and activities;
                    (F) $53,554,000 for aircraft safety 
                technology projects and activities;
                    (G) $38,434,000 for system security 
                technology projects and activities;
                    (H) $27,808,000 for human factors and 
                aviation medicine projects and activities;
                    (I) $8,532,000 for environment and energy 
                projects and activities; and
                    (J) $5,459,000 for innovative/cooperative 
                research projects and activities;
            (3) for fiscal year 1997--
                    (A) $13,660,000 for system development and 
                infrastructure projects and activities;
                    (B) $34,889,000 for capacity and air 
                traffic management technology projects and 
                activities;
                    (C) $19,000,000 for communications, 
                navigation, and surveillance projects and 
                activities;
                    (D) $13,000,000 for weather projects and 
                activities;
                    (E) $5,200,000 for airport technology 
                projects and activities;
                    (F) $36,504,000 for aircraft safety 
                technology projects and activities;
                    (G) $57,055,000 for system security 
                technology projects and activities;
                    (H) $23,504,000 for human factors and 
                aviation medicine projects and activities;
                    (I) $3,600,000 for environment and energy 
                projects and activities; and
                    (J) $2,000,000 for innovative/cooperative 
                research projects and activities;
            (4) for fiscal year 1998, $226,800,000, including--
                    (A) $16,379,000 for system development and 
                infrastructure projects and activities;
                    (B) $27,089,000 for capacity and air 
                traffic management technology projects and 
                activities;
                    (C) $23,362,000 for communications, 
                navigation, and surveillance projects and 
                activities;
                    (D) $16,600,000 for weather projects and 
                activities;
                    (E) $7,854,000 for airport technology 
                projects and activities;
                    (F) $49,202,000 for aircraft safety 
                technology projects and activities;
                    (G) $53,759,000 for system security 
                technology projects and activities;
                    (H) $26,550,000 for human factors and 
                aviation medicine projects and activities;
                    (I) $2,891,000 for environment and energy 
                projects and activities; and
                    (J) $3,114,000 for innovative/cooperative 
                research projects and activities, of which 
                $750,000 shall be for carrying out the grant 
                program established under subsection (h);
            (5) for fiscal year 1999, $229,673,000;
            (6) for fiscal year 2000, $224,000,000, including--
                    (A) $17,269,000 for system development and 
                infrastructure projects and activities;
                    (B) $33,042,500 for capacity and air 
                traffic management technology projects and 
                activities;
                    (C) $11,265,400 for communications, 
                navigation, and surveillance projects and 
                activities;
                    (D) $19,300,000 for weather projects and 
                activities;
                    (E) $6,358,200 for airport technology 
                projects and activities;
                    (F) $44,457,000 for aircraft safety 
                technology projects and activities;
                    (G) $53,218,000 for system security 
                technology projects and activities;
                    (H) $26,207,000 for human factors and 
                aviation medicine projects and activities;
                    (I) $3,481,000 for environment and energy 
                projects and activities; and
                    (J) $2,171,000 for innovative/cooperative 
                research projects and activities, of which 
                $750,000 shall be for carrying out subsection 
                (h);
            (7) for fiscal year 2001, $237,000,000; [and]
            (8) for fiscal year 2002, $249,000,000[.] ;
            (9) for fiscal year 2003, $261,000,000, including--
                    (A) $211,000,000 to improve aviation 
                safety;
                    (B) $18,000,000 to improve the efficiency 
                of the air traffic control system;
                    (C) $16,000,000 to reduce the environmental 
                impact of aviation; and
                    (D) $16,000,000 to improve the efficiency 
                of mission support;
            (10) for fiscal year 2004, $274,000,000, 
        including--
                    (A) $221,000,000 to improve aviation 
                safety;
                    (B) $19,000,000 to improve the efficiency 
                of the air traffic control system;
                    (C) $17,000,000 to reduce the environmental 
                impact of aviation; and
                    (D) $17,000,000 to improve the efficiency 
                of mission support; and
            (11) for fiscal year 2005, $287,000,000, 
        including--
                    (A) $231,000,000 to improve aviation 
                safety;
                    (B) $20,000,000 to improve the efficiency 
                of the air traffic control system;
                    (C) $18,000,000 to reduce the environmental 
                impact of aviation; and
                    (D) $18,000,000 to improve the efficiency 
                of mission support.
    (b) Research Priorities.--(1) The Administrator shall 
consider the advice and recommendations of the research 
advisory committee established by section 44508 of this title 
in establishing priorities among major categories of research 
and development activities carried out by the Federal Aviation 
Administration.
    (2) At least 15 percent of the amount appropriated under 
subsection (a) of this section shall be for long-term research 
projects.
    (3) At least 3 percent of the amount appropriated under 
subsection (a) of this section shall be available to the 
Administrator of the Federal Aviation Administration to make 
grants under section 44511 of this title.
    (c) Transfers Between Categories.--(1) Not more than 10 
percent of the net amount authorized for a category of projects 
and activities in a fiscal year under subsection (a) of this 
section may be transferred to or from that category in that 
fiscal year.
    (2) The Secretary may transfer more than 10 percent of an 
authorized amount to or from a category only after--
            (A) submitting a written explanation of the 
        proposed transfer to the Committees on Science and 
        Appropriations of the House of Representatives and the 
        Committees on Commerce, Science, and Transportation and 
        Appropriations of the Senate; and
            (B) 30 days have passed after the explanation is 
        submitted or each Committee notifies the Secretary in 
        writing that it does not object to the proposed 
        transfer.
    (d) Airport Capacity Research and Development.--(1) Of the 
amounts made available under subsection (a) of this section, at 
least $25,000,000 may be appropriated each fiscal year for 
research and development under section 44505(a) and (c) of this 
title on preserving and enhancing airport capacity, including 
research and development on improvements to airport design 
standards, maintenance, safety, operations, and environmental 
concerns.
    (2) The Administrator shall submit to the Committees on 
Science and Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on expenditures made 
under paragraph (1) of this subsection for each fiscal year. 
The report shall be submitted not later than 60 days after the 
end of the fiscal year.
    (e) Air Traffic Controller Performance Research.--Necessary 
amounts may be appropriated to the Secretary out of amounts in 
the Fund available for research and development to conduct 
research under section 44506(a) and (b) of this title.
    (f) Availability of Amounts.--Amounts appropriated under 
subsection (a) of this section remain available until expended.
    (h)  Research Grants Program Involving Undergraduate 
Students.--
            (1) Establishment.--The Administrator of the 
        Federal Aviation Administration shall establish a 
        program to utilize undergraduate and technical 
        colleges, including Historically Black Colleges and 
        Universities and Hispanic Serving Institutions, in 
        research on subjects of relevance to the Federal 
        Aviation Administration. Grants may be awarded under 
        this subsection for--
                    (A) research projects to be carried out at 
                primarily undergraduate institutions and 
                technical colleges;
                    (B) research projects that combine research 
                at primarily undergraduate institutions and 
                technical colleges with other research 
                supported by the Federal Aviation 
                Administration; or
                    (C) research on future training 
                requirements on projected changes in regulatory 
                requirements for aircraft maintenance and power 
                plant licensees.
            (2) Notice of criteria.--Within 6 months after the 
        date of the enactment of the FAA Research, Engineering, 
        and Development Authorization Act of 1998, the 
        Administrator of the Federal Aviation Administration 
        shall establish and publish in the Federal Register 
        criteria for the submittal of proposals for a grant 
        under this subsection, and for the awarding of such 
        grants.
            (3) Principal criteria.--The principal criteria for 
        the awarding of grants under this subsection shall be--
                    (A) the relevance of the proposed research 
                to technical research needs identified by the 
                Federal Aviation Administration;
                    (B) the scientific and technical merit of 
                the proposed research; and
                    (C) the potential for participation by 
                undergraduate students in the proposed 
                research.
            (4) Competitive, merit-based evaluation.--Grants 
        shall be awarded under this subsection on the basis of 
        evaluation of proposals through a competitive, merit-
        based process.

                                
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