U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

19–010

" SENATE ! 107th Congress 

2d Session 

REPORT

2002

107–309

Calendar No. 697

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

REPORT

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION

on

S. 2951

OCTOBER 10, 2002.—Ordered to be printed 


congress.#13
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED SEVENTH CONGRESS

SECOND SESSION

ERNEST F. HOLLINGS, South Carolina, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

JOHN B. BREAUX, Louisiana 

BYRON L. DORGAN, North Dakota 

RON WYDEN, Oregon 

MAX CLELAND, Georgia 

BARBARA BOXER, California 

JOHN EDWARDS, North Carolina 

JEAN CARNAHAN, Missouri 

BILL NELSON, Florida 

JOHN McCAIN, Arizona 

TED STEVENS, Alaska 

CONRAD BURNS, Montana 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

SAM BROWNBACK, Kansas 

GORDON SMITH, Oregon 

PETER G. FITZGERALD, Illinois 

JOHN ENSIGN, Nevada 

GEORGE ALLEN, Virginia 

KEVIN D. KAYES, Staff Director 

MOSES BOYD, Chief Counsel 

GREGG ELIAS, General Counsel 

JEANNE BUMPUS, Republican Staff Director and General Counsel 

ANN BEGEMAN, Republican Deputy Staff Director 

ROBERT W. CHAMBERLIN, Republican Chief Counsel 

(II) 

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. 

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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 pro- gram. 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 

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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. 

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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 develVerDate 0ct 02 2002 04:57 Oct 12, 2002 Jkt 019010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6601 E:\HR\OC\SR309.XXX SR309
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oping 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

* * * * * * *

§ 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. 

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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; 

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(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; øand¿

(8) for fiscal year 2002, $249,000,000ø.¿ ;

(9) for fiscal year 2003, $261,000,000, including—

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(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. 

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(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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