[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.