[House Report 105-61]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 105-61
_______________________________________________________________________
FAA RESEARCH, ENGINEERING, AND DEVELOPMENT AUTHORIZATION ACT OF 1997
_______________________________________________________________________
April 21, 1997.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Sensenbrenner, from the Committee on Science, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1271]
[Including cost estimate of the Congressional Budget Office]
The Committee on Science, to whom was referred the bill
(H.R. 1271) to authorize the Federal Aviation Administration's
research, engineering, and development programs for Fiscal
Years 1998 through 2000, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
I. Amendment.......................................................2
II. Purpose of the Bill.............................................4
III. Background and Need for Legislation.............................4
IV. Summary of Hearings.............................................5
V. Committee Actions...............................................6
VI. Summary of Major Provisions of the Bill.........................6
VII. Section-By-Section Analysis and Committee Views.................7
VIII. Committee Cost Estimate........................................12
IX. Congressional Budget Office Cost Estimate......................13
X. Compliance with Public Law 104-4...............................14
XI. Committee Oversight Findings and Recommendations...............15
XII. Oversight Findings and Recommendations by the Committee on
Government Reform and Oversight................................15
XIII. Constitutional Authority Statement.............................15
XIV. Federal Advisory Committee Statement...........................15
XV. Congressional Accountability Act...............................15
XVI. Changes in Existing Law Made by the Bill, as Reported..........15
XVII. Committee Recommendations......................................18
XVIII.Additional Views...............................................19
I. Amendment
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FAA Research, Engineering, and
Development Authorization Act of 1997''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 48102(a) of title 49, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (2)(J);
(2) by striking the period at the end of paragraph (3)(J) and
inserting in lieu thereof a semicolon; and
(3) by adding at the end the following:
``(4) for fiscal year 1998, $217,406,000, including--
``(A) $75,550,000 for system development and
infrastructure projects and activities;
``(B) $19,614,000 for capacity and air traffic
management technology projects and activities;
``(C) $15,132,000 for communications, navigation, and
surveillance projects and activities;
``(D) $9,982,000 for weather projects and activities;
``(E) $5,458,000 for airport technology projects and
activities;
``(F) $26,625,000 for aircraft safety technology
projects and activities;
``(G) $49,895,000 for system security technology
projects and activities;
``(H) $10,737,000 for human factors and aviation
medicine projects and activities;
``(I) $3,291,000 for environment and energy projects
and activities; and
``(J) $1,122,000 for innovative/cooperative research
projects and activities;
``(5) for fiscal year 1999, $224,000,000; and
``(6) for fiscal year 2000, $231,000,000.''.
SEC. 3. BUDGET DESIGNATION FOR RESEARCH AND DEVELOPMENT ACTIVITIES.
Section 48102 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(g) Designation of Activities.--(1) The amounts appropriated under
subsection (a) are for the support of all research and development
activities carried out by the Federal Aviation Administration that fall
within the categories of basic research, applied research, and
development, including the design and development of prototypes, in
accordance with the classifications of the Office of Management and
Budget Circular A-11 (Budget Formulation/Submission Process).
``(2) The President's annual budget request for the Federal Aviation
Administration shall include all research and development activities
within a single budget category. All of the activities carried out by
the Administration within the categories of basic research, applied
research, and development, as classified by the Office of Management
and Budget Circular A-11, shall be placed in this single budget
category.''.
SEC. 4. NATIONAL AVIATION RESEARCH PLAN.
Section 44501(c)(2)(B) of title 49, United States Code, is amended--
(1) by striking ``and'' at the end of clause (iii);
(2) by striking the period at the end of clause (iv) and
inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new clause:
``(v) highlight the research and development technology
transfer activities that promote technology sharing among
government, industry, and academia through the Stevenson-Wydler
Technology Innovation Act of 1980.''.
SEC. 5. RESEARCH GRANTS PROGRAM INVOLVING UNDERGRADUATE STUDENTS.
(a) Program.--Section 48102 of title 49, United States Code, is
amended by adding at the end the following new subsection:
``(h) Research Grants Program Involving Undergraduate Students.--
``(1) Establishment.--The Administrator of the Federal
Aviation Administration shall establish a program for awarding
grants to researchers at primarily undergraduate institutions
who involve undergraduate students in their 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; or
``(B) research projects that combine research at
primarily undergraduate institutions with other
research supported by the Federal Aviation
Administration.
``(2) Notice of criteria.--Within 6 months after the date of
the enactment of the FAA Research, Engineering, and Development
Authorization Act of 1997, 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.''.
(b) Authorization of Appropriations.--Section 48102(a) of title 49,
United States Code, as amended by this Act, is further amended--
(1) by inserting ``, of which $500,000 shall be for carrying
out the grant program established under subsection (h)'' after
``projects and activities'' in paragraph (4)(J);
(2) by inserting ``, of which $500,000 shall be for carrying
out the grant program established under subsection (h)'' after
``$224,000,000'' in paragraph (5); and
(3) by inserting ``, of which $500,000 shall be for carrying
out the grant program established under subsection (h)'' after
``$231,000,000'' in paragraph (6).
SEC. 6. LIMITATIONS.
(a) Prohibition of Lobbying Activities.--None of the funds authorized
by the amendments made by this Act shall be available for any activity
whose purpose is to influence legislation pending before the Congress,
except that this subsection shall not prevent officers or employees of
the United States or of its departments or agencies from communicating
to Members of Congress on the request of any Member or to Congress,
through the proper channels, requests for legislation or appropriations
which they deem necessary for the efficient conduct of the public
business.
(b) Limitation on Appropriations.-- No sums are authorized to be
appropriated to the Administrator of the Federal Aviation
Administration for fiscal years 1998, 1999, and 2000 for the Federal
Aviation Administration Research, Engineering, and Development account,
unless such sums are specifically authorized to be appropriated by the
amendments made by this Act.
(c) Eligibility for Awards.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall exclude from consideration for grant
agreements made by that Administration after fiscal year 1997
any person who received funds, other than those described in
paragraph (2), appropriated for a fiscal year after fiscal year
1997, under a grant agreement from any Federal funding source
for a project that was not subjected to a competitive, merit-
based award process. Any exclusion from consideration pursuant
to this subsection shall be effective for a period of 5 years
after the person receives such Federal funds.
(2) Exception.--Paragraph (1) shall not apply to the receipt
of Federal funds by a person due to the membership of that
person in a class specified by law for which assistance is
awarded to members of the class according to a formula provided
by law.
(3) Definition.--For purposes of this subsection, the term
``grant agreement'' means a legal instrument whose principal
purpose is to transfer a thing of value to the recipient to
carry out a public purpose of support or stimulation authorized
by a law of the United States, and does not include the
acquisition (by purchase, lease, or barter) of property or
services for the direct benefit or use of the United States
Government. Such term does not include a cooperative agreement
(as such term is used in section 6305 of title 31, United
States Code) or a cooperative research and development
agreement (as such term is defined in section 12(d)(1) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(d)(1))).
SEC. 7. NOTICE.
(a) Notice of Reprogramming.--If any funds authorized by the
amendments made by this Act are subject to a reprogramming action that
requires notice to be provided to the Appropriations Committees of the
House of Representatives and the Senate, notice of such action shall
concurrently be provided 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.
(b) Notice of Reorganization.--The Administrator of the Federal
Aviation Administration shall provide notice to the Committees on
Science, Transportation and Infrastructure, and Appropriations of the
House of Representatives, and the Committees on Commerce, Science, and
Transportation and Appropriations of the Senate, not later than 15 days
before any major reorganization of any program, project, or activity of
the Federal Aviation Administration for which funds are authorized by
this Act.
SEC. 8. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM.
With the year 2000 fast approaching, it is the sense of Congress that
the Federal Aviation Administration should--
(1) give high priority to correcting all 2-digit date-related
problems in its computer systems to ensure that those systems
continue to operate effectively in the year 2000 and beyond;
(2) assess immediately the extent of the risk to the
operations of the Federal Aviation Administration posed by the
problems referred to in paragraph (1), and plan and budget for
achieving Year 2000 compliance for all of its mission-critical
systems; and
(3) develop contingency plans for those systems that the
Federal Aviation Administration is unable to correct in time.
SEC. 9. BUY AMERICAN.
(a) Compliance With Buy American Act.--No funds appropriated pursuant
to the amendments made by this Act may be expended by an entity unless
the entity agrees that in expending the assistance the entity will
comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C.
10a-10c, popularly known as the ``Buy American Act'').
(b) Sense of Congress.--In the case of any equipment or products that
may be authorized to be purchased with financial assistance provided
under the amendments made by this Act, it is the sense of Congress that
entities receiving such assistance should, in expending the assistance,
purchase only American-made equipment and products.
(c) Notice to Recipients of Assistance.--In providing financial
assistance under the amendments made by this Act, the Administrator of
the Federal Aviation Administration shall provide to each recipient of
the assistance a notice describing the statement made in subsection (a)
by the Congress.
II. Purpose of the Bill
The purpose of the bill is to authorize the Federal
Aviation Administration (FAA) to conduct research, engineering,
and development activities for Fiscal Years (FY) 1998, 1999,
and 2000. The activities improve the national airspace system
by increasing its safety, security, capacity, and productivity
to meet the expected air traffic demands of the future.
III. Background and Need for Legislation
The FAA was created in 1958 to develop air commerce and
promote safety in the air. As part of the Airport Development
and Airway Trust fund established by Congress in 1982, it was
decided that a comprehensive research and development program
was necessary at FAA to maintain a safe, efficient air traffic
system. In order to fund both of these research and development
programs and improve airport and airways capital improvements,
a series of user fees and taxes were established.
The 100th Congress, seeking to strengthen the FAA research
and development programs, enacted the 1988 Aviation Safety
Research Act (P.L. 100-591). This bill created the FAA
Research, Engineering and Development Advisory Board. The
terrorist bombing of Pan Am Flight 103 demonstrated the need
for new technology to detect explosives; and Congress
subsequently passed the Aviation Safety Improvement Act of 1990
which required FAA to support activities to accelerate the
research and development of new technologies to protect against
terrorism.
The FY 1997 authorization for research, engineering, and
development was enacted as part of the FAA Reauthorization Act
(P.L. 104-264). Additional funding for Aviation System Security
Technology was enacted through the Omnibus Consolidated
Appropriations Act, 1997 (P.L. 104-208). The current
authorization for FAA research, engineering, and development
expires at the end of Fiscal Year 1997.
IV. Summary of Hearings
On March 13, 1997, the Subcommittee on Technology held a
hearing to review the President's FAA Research, Engineering,
and Development (RE&D) budget request for FY 1998 and beyond.
The President's FY 1998 Budget request for FAA RE&D is $200
million, $8.4 million less than the FY 1997 enacted level.
According to the budget request, the funding is needed to
conduct research, engineering, and development programs that
improve the national air traffic control system by increasing
its safety, security, capacity, and productivity to meet the
expected air traffic demands of the future. The panel consisted
of two witnesses: Dr. George L. Donohue, Associate
Administrator for Research and Acquisitions, Federal Aviation
Administration and Mr. Ralph Eschenbach, Chair-FAA RE&D
Advisory Committee.
Dr. George L. Donohue testified that the FAA, as directed
by the 1996 Reauthorization Act, has made sure that the RE&D
Advisory Committee is more involved in assessing FAA
priorities. For FY 1999 programs, the FAA plans to increase the
Advisory Committee's role by using six standing subcommittees,
and regularly scheduled meetings of those subcommittees with
FAA staff. He stated that the new acquisition management
system, which took effect April 1, 1996, provides a simplified
and more flexible way to meet the FAA's acquisition needs. The
White House Commission on Aviation Safety and Security (also
known as the Gore Commission) recently issued its final report
which included several recommendations that will involve the
RE&D programs. He testified that the FAA is now working to
develop pertinent cost and resource information, as well as
schedules and priorities, to determine how to best achieve the
needed results.
Mr. Ralph Eschenbach stated that the NAS modernization must
be sped up. However, with the current architectural plan and
the current level of funding it will be difficult to reach the
year 2005 goal as established by the Gore Commission. He also
emphasized that prototypes are vital to rapid implementation.
One of the critical components necessary for injecting new
technology into a market is the ability to prototype and test
those components. As an example, he cited the FLIGHT 2000
demonstration program in Alaska and Hawaii which affects just 1
percent of the airplanes in NAS (National Airspace System), but
provides much needed answers to implementation and operation
questions.
Chairwoman Morella raised the question of FAA's computer
and information systems security, pointing out that the General
Accounting Office had recently issued a report critical of many
federal agencies' efforts in this area. Dr. Donohue stated that
he is concerned with the current level of information security,
especially as the FAA moves from the older ``closed''
information systems to the more modern systems that have an
``open'' architecture that are susceptible to penetration. Mr.
Eschenbach stated that he shared Dr. Donohue's concerns.
Chairwoman Morella raised concerns over reductions to the
weather programs. Mr. Eschenbach stated that the Advisory
Committee has recommended that the FAA place a higher priority
on weather research. Dr. Donohue explained that he was
concerned about reductions to the program, but explained that
it was a time sequencing problem since some of the new
technologies that have emerged in recent years are still in the
acquisition and installation stage.
Mrs. Rivers expressed concern over the request in the area
of the aircraft noise reduction. Dr. Donohue acknowledged that
there has been a decrease from what was spent for noise
abatement a few years ago. He further noted that the FAA has
been forced by budget constraints to rely to an unprecedented
degree on cooperation with other federal agencies to support
noise abatement activities.
V. Committee Actions
On April 16, 1997, the full committee marked up the
legislation (H.R. 1271) which was introduced by the
Subcommittee Chair, Mrs. Connie Morella. The legislation was
adopted, as amended (by voice vote) and ordered reported to the
full House for consideration (by voice vote). Amendments to the
legislation were offered in the following order:
1. Manager's En Bloc Amendment offered by Mrs. Morella and
Mr. Gordon to, among other things, strike Section 6, make
certain technical and clarifying corrections, and define that
grants awarded under the Act will be subject to merit based
review (with the exception of CRADAs). The amendment was
adopted by voice vote.
2. Amendment requiring the FAA to comply with the Buy
American Act (41 U.S.C. 10a-10c) by purchasing only American-
made equipment and products with the funds appropriated
pursuant to this Act offered by Mr. Hastings for Mr. Traficant.
The amendment was adopted by voice vote.
VI. Summary of Major Provisions of the Bill
The legislation authorizes Federal Aviation Administration
Research, Engineering, and Development activities for Fiscal
Years 1998, 1999, and 2000.
H.R. 1271 includes a provision requiring future FAA budgets
to include in a single budget category all research and
development activities that would be classified as basic
research, applied research, or development under the guidelines
established by OMB Circular A-11.
H.R. 1271 includes a provision requiring the FAA to include
R&D technology transfer activities in the National Aviation
Research Plan.
H.R. 1271 includes a provision establishing a new research
grant program to support research at primarily undergraduate
institutions.
VII. Section-by-Section Analysis (by Title and Section) and Committee
Views
Section 1. Short Title
Cites this title as the ``FAA Research, Engineering, and
Development Authorization Act of 1997.''
Section 2. Authorization of Appropriations
Authorizes appropriations for FY 1998 of $217,406,000 for
Federal Aviation Administration RE&D activities as follows:
(A) Authorizes $75,550,000 for system development and
infrastructure projects and activities;
(B) Authorizes $19,614,000 for capacity and air
traffic management technology projects and activities;
(C) Authorizes $15,132,000 for communications,
navigation, and surveillance projects and activities;
(D) Authorizes $9,982,000 for weather projects and
activities;
(E) Authorizes $5,458,000 for airport technology
projects and activities;
(F) Authorizes $26,625,000 for aircraft safety
technology projects and activities;
(G) Authorizes $49,895,000 for system security
technology projects and activities;
(H) Authorizes $10,737,000 for human factors and
aviation medicine projects and activities;
(I) Authorizes $3,291,000 for environment and energy
projects and activities;
(J) Authorizes $1,122,000 for innovative/cooperative
research projects and activities.
Authorizes lump-sum totals of $224,000,000 for FY 1999 and
$231,000,000 for FY 2000 to carry out RE&D projects and
activities.
Committee View
The Committee suggests the following authorization level
for FY 1998:
FEDERAL AVIATION ADMINISTRATION RESEARCH, ENGINEERING, AND DEVELOPMENT (RE&D)
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
FY 1998
FY 1997 enacted FY 1998 request authorization
----------------------------------------------------------------------------------------------------------------
Sys Dev/Infrastructure.................................... 72.831- 75.550- 75.550
Capacity/ATM Technology-.................................. 19.614- 9.108- 19.614 -
Comm/Nav/Surveillance..................................... 10.770 15.132 15.132
Weather................................................... 10.927 3.982 9.982
Airport Technology........................................ 2.804 5.458 5.458-
Air Safety Technology..................................... 24.130 26.625 26.625
System Security -......................................... 50.905 49.895 49.895
Human Factors/Aviation Medicine........................... 12.573 10.737 10.737
Environment/Energy........................................ 3.600 2.891 3.291
Innovative/Cooperative Research........................... .258 .622 1.122
-----------------------------------------------------
Total FAA RE&D...................................... 208.412 200.000 217.406
----------------------------------------------------------------------------------------------------------------
Committee View
The legislation fully authorizes the Administration's FY
1998 budget request and includes an increase of $17,406,000
over the FY 97 enacted level for the FAA RE&D program.
Increases are targeted specifically to four of the ten RE&D
accounts as follows:
1. Capacity and Air Traffic Management (an increase of
$10,506,000 over the request)--The increase is to enhance
computer and information system security. With $11 billion
targeted to be spent by the FAA between FY 1998 and FY 2003 on
air traffic control system modernization, the Committee
believes it is critical that the FAA research information
security risks and develop solutions to safeguard sensitive
data from unauthorized disclosure.
2. Weather (an increase of $6,000,000 over the request)--
Weather is the single largest contributor to delays and a major
factor in aircraft accidents and incidents. The increase
reflects recommendations by the FAA RE&D Advisory Committee and
the National Academy of Sciences that the FAA consider weather
research projects and activities a higher priority. The
increase represents Committee concerns that despite the
recommendations from ``outside'' experts, the FAA budget
request for weather research represents a reduction of 64% from
the FY1997 enacted level.
3. Environment and Energy (an increase of $400,000 over the
request)--The Committee shares the goal the FAA has established
of reducing the impact of aircraft noise 80% by the year 2000.
However, the Committee is concerned that the budget request
includes a reduction of almost 20% for environment and energy
projects and activities. The Committee supports using the
increase for aircraft noise reduction and control.
4. Innovative/Cooperative Research (an increase of $500,000
over the request)--The Committee is concerned that current FAA
university research agreements under-utilize the research
capabilities available at primarily undergraduate institutions.
The increase is for the FAA to establish a program for awarding
grants to support research projects to be carried out at
primarily undergraduate institutions on subjects of relevance
to the FAA.
The Committee recognizes the critical role the RE&D program
plays in researching and developing the new technologies
necessary for the FAA to perform its mission and authorizes a
3% increase for FY 1999 and an additional 3.1% increase for FY
2000.
Section 3. Budget Designation for Research and Development Activities
Requires that future FAA budgets include in a single budget
category all research and development activities that would be
classified as basic research, applied research, or
developmental under the guidelines established by the Office of
Management and Budget Circular A-11.
Committee View
FAA's R&D activities are funded from two major budget
categories: the Research, Engineering, and Development (RE&D)
account; and ``Engineering, Development, Test, and Evaluation''
of the Facilities and Equipment (F&E) account. Projects funded
under ``Engineering, Development, Test & Evaluation'' of the
F&E account can be classified as research and development as
defined by the Office of Management and Budget (OMB). OMB
Circular A-11, Budget Formation/Submission Processes, which
provides guidelines to the federal agencies used in reporting
data on R&D budgets, specifies that R&D budgets should be
divided into the categories of basic research, applied
research, and development, where development is defined as
``systematic use of the knowledge gained from research for the
production of useful materials, devices, systems, or methods,
including the design and development of prototypes and
processes.''
The Committee believes that maintaining separate R&D
accounts makes it considerably more difficult for Congress to
track overall FAA R&D investment and to assess the priorities
among areas of R&D. The current arrangement is confusing and
lacks consistency, particularly since FAA does not include R&D
activities supported in Activity 1 of the F&E Account in the
National Aviation Research Plan. The Committee expects future
budget submissions from the FAA to include in a single account,
which may include whatever internal subdivisions the agency
determines to be appropriate, all activities that would be
classified as R&D under the guidelines of OMB Circular A-11.
Section 4. National Aviation Research Plan
Revises the requirements for the National Aviation Research
Plan by requiring the plan to document the FAA's research and
development technology transfer activities.
Committee View
The Committee has a strong history of support for
technology transfer activities that improve United States
competitiveness by speeding commercialization of inventions
developed through collaborative agreements between the
government and industry. Pursuant to the Committee's interest
in this area, the legislation requires the FAA to include in
the National Aviation Research Plan a more detailed accounting
of the agency's R&D technology transfer activities.
Section 5. Undergraduate Research Grants Program
Establishes a program for awarding grants to support
research at primarily undergraduate institutions through a
competitive, merit-based process.
Committee View
The Committee intends that the research grants program
support research projects relevant to FAA's technology needs
and assist in developing the human resource base needed by the
FAA to carry out its mission. Each grant must be awarded on the
basis of the scientific and technical merit of the proposal
made to the program, the potential of the project to involve
undergraduate students, and the research credentials of the
principal investigator of the project. The process for
selecting awards must be competitive in the sense that
proposals to the program are broadly solicited and, based on
the funding available in a given year, proposals judged to have
a relatively higher merit are funded in preference to proposals
of lower merit. The term ``competitive'' does not refer to the
rule of competition applicable to the federal contract awards
process.
Section 6. Limitations
(a) Prohibition of Lobbying Activities
Prohibits the use of funds authorized by this Act for any
activity whose purpose is to influence legislation pending
before the Congress. This section does not prevent employees of
the departments and agencies from communicating with Members of
Congress to conduct public business.
Committee View
The Committee is committed to ensuring that awards for
research and education are used solely for those purposes.
Funds should not be used for any purpose, other than that
specified in the award. The Committee, however, does not
exclude appropriate communications between the Executive Branch
and the Congress.
Limitation on Appropriations
Disallows authorization of funds which are not specifically
authorized to be appropriated by this Act for FY 1998, or by an
Act of Congress in succeeding fiscal years.
Committee View
This section emphasizes the Committee's position that the
only funds authorized to be appropriated for the Federal
Aviation Administration's research, engineering, and
development programs are made available through this Act. It is
the Committee's position that authorizations designating
specific sums are required for appropriations of such sums to
be authorized.
(c) Eligibility for Awards
Requires the head of each federal agency for which funds
are authorized under this Act to exclude, for a period of 5
years, any person who received funds for a project not subject
to competitive, merit-based review process after FY 1997. This
section is not applicable to the long-standing Cooperative
Research and Development Agreement program nor awards to
persons who are members of a class specified by law for which
assistance is awarded according to formula provided by law.
Committee View
The Committee has a long-standing position that awards
should be based on a competitive merit-based process. Merit
review allows taxpayers' dollars to be spent in the most cost-
effective manner.
Section 7. Notice
If any funds of this Act, or amendments made by this Act,
are subject to reprogramming which requires notice to be given
to the Appropriations Committees of the House of
Representatives and the Senate, notice of such action shall be
concurrently provided 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.
If any program, project, or activity of the Federal
Aviation Administration is preparing to undergo any major
reorganization, the Administrator of the Federal Aviation
Administration shall notify the Committees on Science,
Transportation and Infrastructure, and Appropriations of the
House of Representatives, and the Committees on Appropriations
and Commerce, Science, and Transportation of the Senate of such
preparation.
Committee View
The Committee believes that such notice must be given if it
is to carry out its oversight responsibilities under the Rules
of the House.
Section 8. Sense of the Congress on the Year 2000 Problem
It is the sense of Congress that the Federal Aviation
Administration should give high priority to correcting the year
2000 problem in all of its computer systems to ensure effective
operation in the year 2000 and beyond. The Federal Aviation
Administration needs to assess immediately the risk of the
problem upon their systems and develop a plan and a budget to
correct the problem for its mission-critical programs. The
Federal Aviation Administration also needs to begin
consideration of contingency plans, in the event that certain
systems are unable to be corrected in time.
Committee View
Despite knowing of the problem for years, the Federal
Government has yet to adequately create strategies to address
the year 2000 problem. The Committee believes Congress should
continue to take a leadership role in raising awareness about
the issue with both government and the private sector.
The potential impact on federal programs if the year 2000
problem is not corrected in an effective and timely manner is
substantial and potentially serious. If federal computers are
not prepared to handle the change of date on January 1, 2000,
there is a risk to all government systems and the programs they
support. It is imperative that such corrective action be taken
to avert disruption to critical Federal Government programs.
VIII. Committee Cost Estimate
Clause 7(a) of rule XIII of the Rules of the House of
Representatives requires each committee report accompanying
each bill or joint resolution of a public character to contain:
(1) an estimate, made by such Committee, of the costs which
would be incurred in carrying out such bill or joint resolution
in the fiscal year in which it is reported, and in each of the
5 fiscal years following such fiscal year (or for the
authorized duration of any program authorized by such bill or
joint resolution, if less than 5 years); (2) a comparison of
the estimate of costs described in subparagraph (1) of this
paragraph made by such Committee with an estimate of such costs
made by any government agency and submitted to such Committee;
and (3) when practicable, a comparison of the total estimated
funding level for the relevant program (or programs) with the
appropriate levels under current law. However, clause 7(d) of
that rule provides that this requirement does not apply when a
cost estimate and comparison prepared by the Director of the
Congressional Budget Office under section 403 of the
Congressional Budget Act of 1974 has been timely submitted
prior to the filing of the report and included in the report
pursuant to clause 2(l)(3)(C) of rule XI. A cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 403 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of this
report and included in Section IX of this report pursuant to
clause 2(l)(3)(C) of rule XI.
Clause 2(l)(3)(B) of rule XI of the Rules of the House of
Representatives requires each committee report that accompanies
a measure providing new budget authority (other than continuing
appropriations), new spending authority, or new credit
authority, or changes in revenues or tax expenditures to
contain a cost estimate, as required by section 308(a)(1) of
the Congressional Budget Act of 1974 and, when practicable with
respect to estimates of new budget authority, a comparison of
the total estimated funding level for the relevant program (or
programs) to the appropriate levels under current law. H.R.
1271 does not contain any new budget authority, credit
authority, or changes in revenues or tax expenditures. Assuming
that the sums authorized under the bill are appropriated, H.R.
1271 does authorize additional discretionary spending, as
described in the Congressional Budget Office report on the
bill, which is contained in Section IX of this report.
IX. Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 18, 1997.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on Science,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1271, the FAA
Research, Engineering, and Development Authorization Act of
1997.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Clare
Doherty (for federal costs) and Karen McVey (for the state and
local impact).
Sincerely,
June E. O'Neill, Director.
Enclosure.
H.R. 1271--FAA Research, Engineering, and Development Authorization
Act of 1997
SUMMARY
H.R. 1271 would authorize appropriations for the Federal
Aviation Administration's (FAA's) research, engineering, and
development program for fiscal years 1998 through 2000. The
bill would authorize appropriations of $217.4 million in 1998,
$224.0 million in 1999, and $231.0 million in 2000. In
addition, the bill would revise the research, engineering, and
development program to include a research grants program for
researchers and students at undergraduate institutions.
Enacting H.R. 1271 would not affect direct spending or
receipts. Therefore, pay-as-you-go procedures would not apply
to the bill. H.R. 1271 contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act of 1995 (UMRA); it includes an authorization of
grant funding for colleges and universities, some of which are
public entities.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
Assuming appropriation of the authorized amounts, enacting
H.R. 1271 would result in new discretionary spending totaling
$672 million over the 1998-2002 period. The estimated budgetary
impact is shown in the table on the following page. For
purposes of this estimate, CBO assumes that appropriations will
be provided by the start of each fiscal year and that outlays
will occur at historical spending rates for this FAA program.
In addition to reauthorizing the research, engineering, and
development program, H.R. 1271 would establish research grants
program for researchers and students at undergraduate
institutions. This bill would authorize $500,000 each year for
the grant program from the amounts made available to the
research, engineering, and development program.
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year--
-----------------------------------------------
1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending for FAA research, engineering, and development under
current law:
Budget authority \1\........................................ 187 0 0 0 0 0
Estimated outlays........................................... 230 111 47 13 0 0
Proposed changes:
Authorization level......................................... 0 217 224 231 0 0
Estimated outlays........................................... 0 130 200 227 92 23
Spending for FAA research, engineering, and development under
H.R. 1271:
Authorization level \1\..................................... 187 217 224 231 0 0
Estimated outlays........................................... 230 241 247 240 92 23
----------------------------------------------------------------------------------------------------------------
\1\ The 1997 level is the amount appropriated for that year.
The costs of this legislation fall within budget function
400 (transportation).
Pay-as-you-go considerations: None.
ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS
H.R. 1271 contains no intergovernmental mandates as defined
in UMRA and would not impose any costs on state, local, or
tribal governments. A portion of the funds authorized in the
bill would be available as research grants to colleges and
universities, some of which are public institutions. In 1996,
FAA granted $30 million, or approximately 15 percent of the
program's $185 million budget, to colleges and universities.
The bill would also set aside an additional $500,000 per year
for a new aviation research grant program targeting primarily
undergraduate institutions.
Two provisions in the bill would affect eligibility for FAA
research, engineering, and development grants. The first would
require compliance with the ``Buy American Act.'' The second
would exclude grantees from consideration for awards if they
had received funds under any other federal grant program that
was not subject to a competitive, merit-based award process.
The latter provision could change the allocation of funds among
grant recipients, including public colleges and universities.
However, CBO cannot predict how the share of funding awarded to
public colleges and universities would change because of this
provision.
ESTIMATED IMPACT ON THE PRIVATE SECTOR
This bill would impose no new private-sector mandates as
defined in UMRA.
Estimate prepared by: Federal Costs: Clare Doherty; Impact
on State, Local, and Tribal Governments: Karen McVey.
Estimate approved by: Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.
X. Compliance With Public Law 104-4
H.R. 1271 contains no unfunded mandates.
XI. Committee Oversight Findings and Recommendations
Clause 2(l)(3)(A) of rule XI of the Rules of the House of
Representatives requires each committee report to include
oversight findings and recommendations required pursuant to
clause 2(b)(1) of rule X. The Committee has no oversight
findings.
XII. Oversight Findings and Recommendations by the Committee on
Government Reform and Oversight
Clause 2(l)(3)(D) of rule XI of the Rules of the House of
Representatives requires each committee report to contain a
summary of the oversight findings and recommendations made by
the House Government Reform and Oversight Committee pursuant to
clause 4(c)(2) of rule X, whenever such findings and
recommendations have been submitted to the Committee in a
timely fashion. The Committee on Science has received no such
findings or recommendations from the Committee on Government
Reform and Oversight.
XIII. Constitutional Authority Statement
Clause 2(l)(4) of rule XI of the Rules of the House of
Representatives requires each report of a Committee on a bill
or joint resolution of a public character to include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the law proposed by the bill or joint
resolution. Article I, section 8 of the Constitution of the
United States grants Congress the authority to enact H.R. 1271.
XIV. Federal Advisory Committee Statement
H.R. 1271 does not establish or authorize the establishment
of a new advisory committee.
XV. Congressional Accountability Act
The Committee finds that H.R. 1271 does not relate to the
terms and conditions of employment or access to public services
or accommodations within the meaning of section 102(b)(3) of
the Congressional Accountability Act (Public Law 104-1).
XVI. Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of the
House of Representatives, 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 matter is
printed in italic, existing law in which no change is proposed
is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE VII--AVIATION PROGRAMS
PART A--AIR COMMERCE AND SAFETY
* * * * * * *
SUBPART III--SAFETY
* * * * * * *
CHAPTER 445--FACILITIES, PERSONNEL, AND RESEARCH
* * * * * * *
Sec. 44501. Plans and policy
(a) * * *
* * * * * * *
(c) National Aviation Research Plan.--(1) * * *
(2)(A) * * *
(B) The plan shall--
(i) * * *
* * * * * * *
(iii) identify the allocation of resources among
long-term research, near-term research, and development
activities; [and]
(iv) highlight the research and development
activities that address specific recommendations of the
research advisory committee established under section
44508 of this title, and document the recommendations
of the committee that are not accepted, specifying the
reasons for nonacceptance[.]; and
(v) highlight the research and development technology
transfer activities that promote technology sharing
among government, industry, and academia through the
Stevenson-Wydler Technology Innovation Act of 1980.
* * * * * * *
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) * * *
(2) for fiscal year 1996--
(A) $8,056,000 for management and analysis
projects and activities;
* * * * * * *
(J) $5,459,000 for innovative/cooperative
research projects and activities; [and]
(3) for fiscal year 1997--
(A) $13,660,000 for system development and
infrastructure projects and activities;
* * * * * * *
(J) $2,000,000 for innovative/cooperative
research projects and activities[.];
(4) for fiscal year 1998, $217,406,000, including--
(A) $75,550,000 for system development and
infrastructure projects and activities;
(B) $19,614,000 for capacity and air traffic
management technology projects and activities;
(C) $15,132,000 for communications,
navigation, and surveillance projects and
activities;
(D) $9,982,000 for weather projects and
activities;
(E) $5,458,000 for airport technology
projects and activities;
(F) $26,625,000 for aircraft safety
technology projects and activities;
(G) $49,895,000 for system security
technology projects and activities;
(H) $10,737,000 for human factors and
aviation medicine projects and activities;
(I) $3,291,000 for environment and energy
projects and activities; and
(J) $1,122,000 for innovative/cooperative
research projects and activities, of which
$500,000 shall be for carrying out the grant
program established under subsection (h);
(5) for fiscal year 1999, $224,000,000, of which
$500,000 shall be for carrying out the grant program
established under subsection (h); and
(6) for fiscal year 2000, $231,000,000, of which
$500,000 shall be for carrying out the grant program
established under subsection (h).
* * * * * * *
(g) Designation of Activities.--(1) The amounts appropriated
under subsection (a) are for the support of all research and
development activities carried out by the Federal Aviation
Administration that fall within the categories of basic
research, applied research, and development, including the
design and development of prototypes, in accordance with the
classifications of the Office of Management and Budget Circular
A-11 (Budget Formulation/Submission Process).
(2) The President's annual budget request for the Federal
Aviation Administration shall include all research and
development activities within a single budget category. All of
the activities carried out by the Administration within the
categories of basic research, applied research, and
development, as classified by the Office of Management and
Budget Circular A-11, shall be placed in this single budget
category.
(h) Research Grants Program Involving Undergraduate
Students.--
(1) Establishment.--The Administrator of the Federal
Aviation Administration shall establish a program for
awarding grants to researchers at primarily
undergraduate institutions who involve undergraduate
students in their 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; or
(B) research projects that combine research
at primarily undergraduate institutions with
other research supported by the Federal
Aviation Administration.
(2) Notice of criteria.--Within 6 months after the
date of the enactment of the FAA Research, Engineering,
and Development Authorization Act of 1997, 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.
XVII. Committee Recommendations
On April 16, 1997, a quorum being present, the Committee
favorably reported the FAA Research, Engineering, and
Development Authorization Act of 1997, by a voice vote, and
recommends its enactment.
XVIII. ADDITIONAL VIEWS
While I support the merits and intent of H.R. 1271, the
Federal Aviation Administration Research, Engineering, and
Development Act, I cannot support the funding levels requested
by this bill.
Air safety is crucial. With millions of air passengers
traveling during any given day, the FAA and all facets of air
travel must have access to the most advanced technology in
order to ensure safety in the skies.
However, during this time of financial uncertainty, I
cannot support the proposed budgetary increase, regardless of
how insignificant it might seem. Research and development
thrives in the private sector, where competition fuels
ingenuity, drives technology, improves efficiency, and
stimulates the economy. Acknowledging this, I do not believe
the FAA's research and development truly needs an 8% increase
over the next two years. Instead, the FAA should continue to
support research and development endeavors with the more than
$208 million appropriated for FY 97, which is $8 million more
than the President requested.
Tom A. Coburn.