[Congressional Record Volume 143, Number 53 (Tuesday, April 29, 1997)]
[House]
[Pages H1946-H1952]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FAA RESEARCH, ENGINEERING, AND DEVELOPMENT AUTHORIZATION ACT OF 1997
The SPEAKER pro tempore. Pursuant to House Resolution 125 and rule
XXIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 1271.
{time} 1539
In the Committee of the Whole
Accordingly the House resolved itself into the Committee of the Whole
House on the State of the Union for the consideration of 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, with Mr. Stearns in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from Wisconsin [Mr. Sensenbrenner] and
the gentleman from Tennessee [Mr. Gordon] each will control 30 minutes.
The Chair recognizes the gentleman from Wisconsin [Mr.
Sensenbrenner].
Mr. SENSENBRENNER. Mr. Chairman, I yield myself such time as I may
consume.
(Mr. SENSENBRENNER asked and was given permission to revise and
extend his remarks.)
Mr. SENSENBRENNER. Mr. Chairman, H.R. 1271 authorizes the FAA to
carry out its research, engineering, and development program for fiscal
years 1998, 1999, and 2000. The objective of the RE&D program is to
develop and validate the technology and knowledge required for the FAA
to ensure the safety, efficiency, and security of our national air
transportation system. Advances developed through the RE&D program are
helping transform the FAA into a modern air traffic management system
capable of meeting the increased aviation demands of the coming
century.
I would like to thank the Chair of the Subcommittee on Technology,
the gentlewoman from Maryland [Mrs. Morella], and the ranking member of
the subcommittee, the gentleman from Tennessee [Mr. Gordon], for the
hard work they have done in crafting H.R. 1271. The legislation was
reported out of the Committee on Science with strong bipartisan
support.
Overall, H.R. 1271 authorizes $217 million in fiscal year 1998, $224
million in fiscal year 1999, and $231 million in fiscal year 2000 for
the FAA to carry out the critical projects and activities of the FAA
RE&D program, including research and development in the areas of
capacity management, navigation, weather, aircraft safety, systems
security, and human factors.
While including some increases for critical FAA research activities
such as weather and computer security, H.R. 1271 does not provide a
blank check to the FAA. The legislation contains language that
restricts noncompetitive research grants and prohibits funding of
lobbying activities.
Further, as chairman of the House Science Committee, I plan to work
in a bipartisan fashion with the ranking member, the gentleman from
California [Mr. Brown], and other members of the committee to provide
responsible FAA oversight that protects our Nation's investment in
aviation research and development. I have also notified the FAA that
the Committee on Science intends to take an active role this year in
the development of the agency's overall strategic plan as required by
the Results Act.
At this point, I insert into the Record an exchange of correspondence
between the gentleman from Pennsylvania [Mr. Shuster] and myself
relative to jurisdictional concerns that
[[Page H1947]]
will be addressed in a few minutes by an amendment that the
subcommittee chair, the gentlewoman from Maryland [Mrs. Morella] will
propose.
The correspondence referred to follows:
House of Representatives,
Committee on Science,
Washington, DC, April 23, 1997.
Hon. Bud Shuster,
Chairman, House Committee on Transportation and
Infrastructure, House of Representatives, Washington, DC.
Dear Bud: On April 16, 1997, the House Committee on Science
marked up and reported out H.R. 1271, FAA Research,
Engineering, and Development Authorization Act of 1997.
Traditionally, provisions in this bill have been
incorporated into the FAA Authorization Acts when considered
on the House Floor, indicating your substantive interest in
the research components of the FAA.
Because of our Committee's desire to expeditiously consider
H.R. 1271, it is my understanding that you will not object to
its consideration by the House.
I acknowledge that H.R. 1271 in no way impacts the
traditional jurisdictional lines under which the Committee on
Science and the Committee on Transportation and
Infrastructure have operated for years. Under the Rules of
the House, the Science Committee only has jurisdiction over
civil aviation research and development funded through the
Research, Engineering, and Development account. The Committee
on Transportation and Infrastructure has jurisdiction over
FAA's other functions. Historically, the Transportation and
Infrastructure Committee has had exclusive jurisdiction over
the Facilities and Equipment account. H.R. 1271 is not
intended to change that.
I appreciate your willingness to work with us to expedite
the consideration of H.R. 1271. I look forward to continuing
to work with you on these issues.
Sincerely,
F. James Sensenbrenner, Jr.,
Chairman.
____
Congress of the United States,
House of Representatives,
Washington, DC, April 23, 1997.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on Science,
Rayburn Building, Washington, DC.
Dear Jim: Thank you for your letter of April 23, 1997
concerning H.R. 1271, the FAA Research, Engineering, and
Development Act of 1997 which your Committee has reported
out. This legislation authorizes funding for FAA's R&D
programs for fiscal years 1998-2000.
As you correctly point out, the Transportation and
Infrastructure Committee has traditionally taken a great deal
of interest in the research components of FAA. This letter is
to confirm that because of your willingness to accommodate
our concerns about the bill and because of your desire to
take the bill to the Floor expeditiously, I have no
objections to its consideration. Also, I appreciate your
acknowledgment that the bill in no way impacts the
traditional jurisdictional lines under which our Committees
have operated, especially with regard to the Transportation
and Infrastructure Committee's exclusive jurisdiction over
the Facilities and Equipment Account.
Finally, I would ask that a copy of our exchange of letters
on this matter be placed in the Record during consideration
of the bill on the Floor. Thank you for your cooperation and
assistance on this matter.
With warm personal regards, I am
Sincerely,
Bud Shuster,
Chairman.
Mr. Chairman, I strongly urge my colleagues to support H.R. 1271,
which continues to demonstrate our Nation's commitment to aviation
research and development. H.R. 1271 will enable our country to continue
to lead the world in developing and implementing new aviation
technologies that make aviation more efficient while improving safety.
Mr. Chairman, I reserve the balance of my time.
Mr. GORDON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise in support of H.R. 1271, the FAA Research,
Engineering, and Development Act of 1997. H.R. 1271 is a product of a
bipartisan process to strengthen the research and development
activities of the FAA.
Chairman Sensenbrenner and Subcommittee Chairman Morella and I are in
complete agreement that the FAA's R&D programs will be the key to
increasing the capacity and efficiency of the airspace system while
ensuring its safety and security.
H.R. 1271 reverses the downward trend in the FAA's Research,
Engineering and Development Account, which has declined by 20 percent
in the last 2 years. The fiscal year 1998 funding levels are at the
President's request in 6 of the 10 accounts. The remaining four
accounts are funded at a higher level than the President's request.
These funding increases also improve research in such areas as noise
abatement and weather prediction, areas identified by outside advisory
panels that need increased support.
Finally, I would like to thank Chairman Morella for her support of my
proposal establishing a competitive research grants program for
primarily undergraduate institutions. This program will support
research relevant to FAA's technology needs and, perhaps more
importantly, will help develop the technical expertise to address FAA's
future technological requirements. I urge my colleagues to support H.R.
1271.
Mr. Chairman, I reserve the balance of my time.
{time} 1545
Mr. SENSENBRENNER. Mr. Chairman, I yield 2 minutes to the
distinguished gentleman from New Jersey [Mr. LoBiondo].
Mr. LoBIONDO. Mr. Chairman, I wish to engage in a colloquy with the
chairman.
It is my understanding that because H.R. 1271 would authorize $672
million over the next three fiscal years for the Federal Aviation
Administration's research, engineering and development programs, some
of the functions of the FAA technical center in Pomona, NJ, are within
that authorization.
Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?
Mr. LoBIONDO. I yield to the gentleman from Wisconsin.
Mr. SENSENBRENNER. Mr. Chairman, the gentleman is correct. The FAA
does conduct some of the research projects and activities authorized by
this legislation at the technical center in New Jersey.
Mr. LoBIONDO. Mr. Chairman, as the gentleman may be aware, this
facility, located in the congressional district which I represent, is
the FAA's premier research and development center. Perhaps the
gentleman is also aware that this facility has performed and is
performing cutting-edge research and testing in the areas of advanced
air traffic control and navigation technology, airport security, fire
safety technology and runway safety and pavement durability systems.
Mr. Chairman, I should note for the Record that the Hughes Technical
Center maintains and operates the only configuration managed lab in the
world capable of testing new equipment and systems without disrupting
or compromising the safety of air traffic. In other words, these labs
allow the FAA to test all equipment and systems in an environment that
is identical to the actual air traffic control facilities so we know
how the equipment will work together and otherwise function with
existing systems before it is fielded.
This work and capability is largely responsible for the unparalleled
record of aviation safety in this country.
For purposes of clarification, Mr. Chairman, I ask the gentleman if
there is anything in the bill to require consolidation of the functions
and activities of the Hughes Technical Center with any other Federal
Aviation Administration facility?
Mr. SENSENBRENNER. Mr. Chairman, if the gentleman will continue to
yield, H.R. 1271 does not include language to require the consolidation
of any technical centers.
Mr. LoBIONDO. Mr. Chairman, I thank the chairman of the Committee on
Science and the staff of the Subcommittee on Technology for the
opportunity to clarify for the Record the impact of H.R. 1271 on the
Hughes Technical Center.
Mr. SENSENBRENNER. Mr. Chairman, I yield 2 minutes to the
distinguished gentleman from Illinois [Mr. Ewing] for purposes of a
colloquy.
Mr. EWING. Mr. Chairman, I wish to engage in a colloquy with the
esteemed chairman of the Committee on Science.
The Center of Excellence for Airport Pavement Research at the
University of Illinois Champaign-Urbana is a unique partnership between
the University of Illinois, the FAA and the aviation industry. The
state-of-the-art pavement research that takes place at this center will
create economical and reliable new pavement design to accommodate all
aircraft, including heavier next generation aircraft. The improved
materials and construction methods tested at this facility are of
crucial importance to the future of the Nation's airport runways and
facilities.
Mr. Chairman, it is my understanding that the airport technology
account of H.R. 1271 is authorized at
[[Page H1948]]
$5,458,000, more than double the fiscal year 1997 enacted level of
$2,654,000. Is this a correct statement?
Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?
Mr. EWING. I yield to the gentleman from Wisconsin.
Mr. SENSENBRENNER. Mr. Chairman, the gentleman from Illinois is
correct. H.R. 1271 fully funds the administration's request for the
airport technology account at $5,468,000 for fiscal year 1998.
Mr. EWING. Mr. Chairman, would it also be correct to state that there
is nothing in the airport technology section of the FAA Research,
Engineering and Development Authorization Act of 1997 that would
preclude the FAA from fully funding the Center of Excellence for
Airport Pavement Research at the University of Illinois Urbana-
Champaign?
Mr. SENSENBRENNER. Mr. Chairman, if the gentleman will continue to
yield, again, the gentleman is correct.
Mr. EWING. Mr. Chairman, I thank the gentleman.
Mr. GORDON. Mr. Chairman, I yield such time as he may consume to the
gentleman from California [Mr. Brown].
Mr. BROWN of California. Mr. Chairman, I thank the gentleman from
Tennessee for yielding me the time.
I support the provisions of H.R. 1271, the FAA Research, Engineering,
and Development Authorization Act of 1997. The gentlewoman from
Maryland [Mrs. Morella], working with the ranking member, the gentleman
from Tennessee [Mr. Gordon], has developed legislation which
strengthens the RE&D activity of FAA.
H.R. 1271 takes steps to reverse the downward trend in FAA's
research, engineering and development account, which has decreased 20
percent during the last 2 years. These increases will allow additional
research in areas which have been identified as needing increased
support by the National Research Council and other outside advisory
bodies, including the research just referred to by the previous
speaker.
Mr. Chairman, as a result of active bipartisan cooperation on this
bill, the Committee on Science has developed a strong and effective
piece of legislation, and I urge my colleagues to support it.
Mr. SENSENBRENNER. Mr. Chairman, I yield such time as she may consume
to the gentlewoman from Maryland [Mrs. Morella], chair of the
Subcommittee on Technology.
Mrs. MORELLA. Mr. Chairman, I thank the gentleman for yielding me the
time, the chairman of the Committee on Science.
First, I want to compliment the gentleman from Wisconsin [Mr.
Sensenbrenner] for the Committee on Science's remarkable accomplishment
of reporting out all 10 of the civilian science authorizations in such
a timely and fair manner. Of course our committee's ranking member, the
gentleman from California [Mr. Brown], deserves his share of credit for
his cooperation in this endeavor.
As chair of the Subcommittee on Technology, I am certainly pleased to
support H.R. 1271, the FAA Research, Engineering, and Development Act
of 1997. It has been a pleasure working on this bill with the ranking
member, the gentleman from Tennessee [Mr. Gordon]. It is indeed
bipartisan legislation. It authorizes the FAA to conduct research,
engineering, and development projects and activities over the next 3
fiscal years to improve the national aviation system by increasing
efficiency and safety.
The Federal Aviation Administration has developed a national aviation
system that universally is recognized as the safest and most
technologically advanced system in the world. Each day the aviation
system supports 1.5 million passengers. The agency's research,
engineering, and development programs have produced many of the
advances in aviation that have taken us from an era of vacuum tube
radios and beacon lights to the satellite based communications,
navigation, and surveillance systems of today.
H.R. 1271 recognizes the critical role RE&D programs play in the
FAA's mission to provide safe and efficient air travel by authorizing
$217 million in fiscal year 1998, $224 million in fiscal year 1999, and
$231 million in fiscal year 2000 for the programs.
In fiscal year 1998, the legislation restores funding for the
capacity and air traffic management account to the fiscal year 1997
enacted level primarily to safeguard sensitive computer and information
system data from unauthorized disclosure. The weather account is
authorized above the request to reflect recommendations by the FAA RE&D
Advisory Committee and the National Academy of Sciences that the FAA
assign a higher priority to weather research projects and activities.
The environment and energy account is authorized above the request to
bolster research activities helping the FAA to meet its goal of
reducing aircraft noise, 80 percent, by the year 2000. The innovative
cooperative research account is authorized above the request to
establish a new undergraduate research grants program. Finally the
authorization fully funds the fiscal year 1998 budget request for both
aircraft safety and security projects and activities.
Mr. Chairman, I am pleased to offer this legislation which
demonstrates our continued strong commitment to aviation research and
development. It was crafted in a bipartisan fashion, is cosponsored by
the ranking member of the Subcommittee on Technology, the gentleman
from Tennessee [Mr. Gordon], along with the gentleman from California
[Mr. Brown], the gentleman from Michigan [Mr. Ehlers], the gentleman
from Virginia [Mr. Davis], and the gentlewoman from Texas [Ms. Jackson-
Lee].
I encourage all my colleagues to join me in supporting H.R. 1271. I
want to offer my thanks also to the committee staff on both sides of
the aisle working on this bill, particularly Jim Wilson on the minority
staff and Michael Quear, and on the majority staff my wholehearted
thanks to Richard Russell and to Jeff Grove.
Mr. GORDON. Mr. Chairman, I yield myself such time as I may consume.
As we bring this bill to a conclusion, let me just briefly say thanks
to the chairman, the gentlewoman from Maryland [Mrs. Morella] for her
sincere effort to bring this bill as well as other bills to the floor
in a bipartisan manner with good cooperation. I concur with her
accolades for the staff. Mike Quear particularly, with the minority,
has done an excellent job for us.
And let me also say that the Committee on Science now, through no
fault of its own, was the last committee to organize yet the first
committee to present all of its authorizing bills to the floor with
virtual unanimous support. If not unprecedented, it is at least very
rare, and much congratulations should go to our chairman, the gentleman
from Wisconsin [Mr. Sensenbrenner], for the really no nonsense
bipartisan approach he has taken. It has translated down to the staff,
to the subcommittee chairs and ranking members as well as the rest of
the members. I am pleased to be a part of this team. I think it is good
legislation for the country.
On a personal note, I get enough fighting during elections. I get
enough squabbling here on other types of issues. I did not come to
Washington, I did not run for Congress to squabble about a lot of petty
issues. I came here to try to work together to get things done for this
country. I think this committee, with the leadership of the gentleman
from Wisconsin [Mr. Sensenbrenner] and the gentleman from California
[Mr. Brown] really has shown how that can work. I thank them for their
cooperation. I look forward to continuing this partnership.
Mr. Chairman, I have no further requests for time, and I yield back
the balance of my time.
Mr. SENSENBRENNER. Mr. Chairman, I yield myself such time as I may
consume.
I thank the gentleman from Tennessee for his good words. I think it
shows that, when we confine our arguments to genuine disputes over
policy, which are fairly narrow on the Committee on Science, rather
than arguing over procedure or perceived or real unfairness, we can get
a lot accomplished in a very short period of time. The fact that this
is the 6th of the 10 authorization bills to come up, all of which have
been relatively noncontroversial, I think is proof of that.
The other four bills are of shared jurisdiction with other
committees, and the Committee on Science will be working with the
chairs and the leadership of the other committees in order
[[Page H1949]]
to eliminate the jurisdictional problems so that we can complete the
job as expeditiously as possible.
Mr. SKAGGS. Mr. Chairman, I commend the chairman of the Science
Committee, Mr. Sensenbrenner, and its ranking member, Mr. Brown of
California, as well as the subcommittee chairman, Mrs. Morella, and its
ranking member, Mr. Gordon, for working together to produce this
important legislation. The committee has set a good example, not just
on this bill but also on the other science authorization bills that it
has recently reported.
One modest but crucial element of H.R. 1271 is the authorization for
the Federal Aviation Administration's Aviation Weather Research
Program. There are more than 500 weather-related aviation accidents in
the United States each year, and billions of dollars are lost due to
weather delays. Although we may never be able to get those figures down
to zero, we know that the FAA's research efforts are playing a critical
role in limiting such accidents and losses.
Weather-related research has indeed been instrumental in improving
aviation safety and efficiency. This research is designed to protect
airplane passengers and the rest of the aviation community against
weather-related hazards such as thunderstorms, in-flight icing,
turbulence, ceiling and visibility problems, and ground conditions that
cause de-icing problems.
While the FAA conducts its weather research in close coordination
with other agencies such as the National Oceanic and Atmospheric
Administration [NOAA] and the National Weather Service, much of the
work is done at federally funded research centers.
The National Center for Atmospheric Research [NCAR] in Boulder, CO,
performs substantial research for the FAA. One such item of NCAR
research allows researchers from NCAR and NOAA to fly research aircraft
through high winds to study the kind of mountain-area turbulence that
may have caused the tragic accident near Colorado Springs in 1991.
FAA funding of NCAR and other research centers has resulted in the
development of the Terminal Doppler Weather Radar, which alerts air
traffic controllers to dangerous wind shear and microbursts. TDWR is
operating or scheduled for deployment at some 50 airports around the
country. This is a technology that will reduce the loss of life and
property. It is just one example of the value of FAA's funding of
weather-related research.
The Aviation Weather Research Program authorized by H.R. 1271 is
modest when measured by its cost, but it is extraordinarily valuable
and cost-effective. Perhaps we should expand the program in the near
future, but in the meantime I commend the Science Committee for
recognizing the significance of the program in this legislation.
Mr. SENSENBRENNER. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the committee amendment in the nature of a
substitute printed in the bill shall be considered by sections as an
original bill for the purpose of amendment and, pursuant to the rule,
each section is considered as having been read.
During consideration of the bill for amendment, the Chair may accord
priority in recognition to a Member offering an amendment that he has
printed in the designated place in the Congressional Record. Those
amendments will be considered as having been read.
The Clerk will designate section 1.
The text of section 1 is as follows:
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FAA Research, Engineering,
and Development Authorization Act of 1997''.
Mr. SENSENBRENNER. Mr. Chairman, I ask unanimous consent that the
remainder of the bill be printed in the Record and open to amendment at
any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
Wisconsin?
There was no objection.
The text of the remainder of the committee amendment in the nature of
a substitute is as follows:
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
[[Page H1950]]
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.
amendment offered by mrs. morella
Mrs. MORELLA. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mrs. Morella: Page 8, line 4, before
``after'' insert ``from the Research, Engineering, and
Development account''.
Mrs. MORELLA. Mr. Chairman, my amendment simply clarifies that the
limitations in section 6 apply only to grants funded through the
research, engineering and development account.
Mr. SENSENBRENNER. Mr. Chairman, will the gentlewoman yield?
Mrs. MORELLA. I yield to the gentleman from Wisconsin.
Mr. SENSENBRENNER. Mr. Chairman, I thank the gentlewoman for yielding
to me.
Mr. Chairman, I am pleased to support the amendment on behalf of the
committee leadership. Let me say that this amendment was for the sole
purpose of alleviating the concerns of the Committee on Transportation
and Infrastructure that our legislation does not infringe upon their
jurisdiction whatsoever.
Mr. GORDON. Mr. Chairman, I move to strike the last word. Let me just
quickly concur that the minority has been consulted on this amendment,
and we also concur with its passage.
{time} 1600
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Maryland [Mrs. Morella].
The amendment was agreed to:
amendment offered by ms. jackson-lee of texas
Ms. JACKSON-LEE of Texas. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Ms. Jackson-Lee of Texas:
Page 5, line 11, after ``institutions'' insert ``,
including primarily undergraduate Historically Black Colleges
and Universities and Hispanic Serving Institutions,''.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I too would like to add my
appreciation, first of all, to the chairman of the Committee on Science
and the ranking member for their cooperative spirit throughout the time
of both our hearings and markup sessions.
Let me acknowledge as well the chairperson of this subcommittee, the
gentlewoman from Maryland, Mrs. Morella, and the ranking member, the
gentleman from Tennessee, Bart Gordon, for cooperating with me on this
amendment and assisting my staff.
Mr. Chairman, I want to also thank the staff members as well.
I invite my colleagues to join with me in encouraging research by
undergraduate students at our Nation's historic black colleges and
universities and Hispanic serving institutions. As many may know, the
majority of our HBCU's and Hispanic serving institutions are primarily
undergraduate institutions.
First of all, this legislation is good legislation and I applaud the
work of the committee. Particularly in light of Pan Am 103, the ValuJet
crash in Florida, and TWA 800, safety issues and research issues
regarding flight safety for our consumers are extremely important. This
is a good bill.
This amendment, however, affects section 5 of the bill dealing with
research grants involving undergraduate students by simply including
the words ``Historically Black Colleges and Universities and Hispanic
Serving Institutions'' after undergraduate institutions. Section 5
targets researchers at primarily undergraduate institutions, which most
of our institutions are.
I must add that I am pleased to note that under this subsection
grants are awarded based on the evaluation of proposals through a
competitive merit-based process. The ranking member, the gentleman from
Tennessee, Mr. Bart Gordon, was successful in including this overall
undergraduate section in the bill, and this is a good section.
This bill authorizes a total of $672 million over 3 years, through
fiscal year 2000, for the FAA's research, engineering, and development
program; $217 million for fiscal year 1998, $224 million for fiscal
year 1999, and $213 million for fiscal year 2000. Section 5 of the bill
authorizes $500,000 for overall undergraduate student research grants.
Let me emphasize that this particular amendment, by the CBO estimates
alone, does not add any cost to this legislation at all.
Mr. SENSENBRENNER. Mr. Chairman, will the gentlewoman yield?
Ms. JACKSON-LEE of Texas. I yield to the gentleman from Wisconsin.
Mr. SENSENBRENNER. Mr. Chairman, I appreciate the gentlewoman's
interest in this issue and commend her for offering this amendment.
Although the language in H.R. 1271 in no way restricts the FAA's
ability to award research grants to historically black colleges and
universities and Hispanic serving institutions, we will accept her
amendment to clarify that point that the FAA has the authority to make
such grants, and I support the amendment.
Ms. JACKSON-LEE of Texas. Mr. Chairman, reclaiming my time, I thank
the chairperson very much.
Might I just, as I conclude, and before I offer some time to the
ranking member, say that according to the
[[Page H1951]]
President's Board of Advisers on Historically Black Colleges and
Universities our minority universities are often an untapped resource
for research, technological, and analytical competence. Although many
HBCU's are underfunded in laboratory equipment, HBCU's and Hispanic
serving institutions have an overwhelming success rate in producing the
Nation's top minority mathematicians, scientists, and physicians.
And let me simply say that when we are called by name, we will most
likely respond. This amendment does that. It does clarify and allows
for minority universities to recognize their involvement in this
important area. It also will help, I hope, to increase the numbers of
applications and, therefore, grants so that we can be, of course, in
the loop.
This is a good amendment because it is inclusive and it states to our
population that we want all people involved in this very important
research.
Mr. Chairman, I rise in order to amend H.R. 1271--the Federal
Aviation Administration Research and Engineering, and Development
programs for fiscal years 1988 through 2000.
I invite my colleagues to join with me in encouraging research by
undergraduate students at our Nation's historically black colleges and
universities and Hispanic serving institutions. As many may know, the
majority of our HBCU's and Hispanic serving institutions are primarily
undergraduate institutions.
This amendment to H.R. 1271, affects section 5 of the bill; research
grants program involving undergraduate students, by simply including
the words ``historically black colleges and universities and Hispanic
serving institutions'' after the ``undergraduate institutions''
language of the bill.
Section 5 targets researchers at primarily undergraduate institutions
that involve undergraduate students in their research on subjects of
relevance to the Federal Aviation Administration.
I must add that I am pleased to note that under this subsection,
grants are awarded based on the evaluation of proposals through a
competitive, merit based process. My good colleague, Bart Gordon of
Tennessee, was successful in including this overall undergraduate
section in the bill.
This bill, authorizes a total of $672 million over 3 years, through
fiscal year 2000, for the FAA's research, engineering, and development
program; $217 million for fiscal year 1998, $224 for fiscal year 1999,
and $213 million for fiscal year 2000. Section 5 of the bill authorizes
$500,000 for the overall undergraduate student research grants.
There is no doubt that there is an overwhelming need for research
dollars to be awarded to historically black colleges and universities,
as well as Hispanic serving institutions. For the FAA, the numbers
speak for themselves.
In 1996, the Federal Aviation Administration awarded a total of $15
million to institutions of higher education for research and
development activities. Of that total $15 million amount for 1996, only
$120,000 was awarded to historically black colleges and universities,
and $130,000 was awarded to Hispanic serving institutions. That is less
than 1 percent.
For fiscal year 1997, of the $10 million awarded to institutions of
higher education, the overall amount awarded to minority institutions
doubled, but where no less impressive. Of the $10 million, $260,000 was
awarded to HBCU's and $200,000 was awarded to Hispanic serving
institutions. This is a sad and telling story on the state of research
and development within our minority universities and colleges.
This is why this amendment is necessary. It is a good first step in
reaching out to minority institutions that can and must compete in the
research and development arena.
My amendment serves to unquestionably reflect that undergraduate
students at minority institutions should aggressively compete for grant
awards within the FAA. This amendment seeks to promote minority
university awareness of research opportunities.
According to the President's board of advisors on historically black
colleges and universities, our minority universities are often an
untapped resource for research, technological, and analytical
competence. Although many HBCU's are underfunded in laboratory
equipment, HBCU's have an overwhelming success rate in producing the
Nation's top black mathematicians, scientists, and physicians.
Mr. Chairman, when you are called by name, you are more likely to
respond. This amendment does just that. It calls minority universities
by name in an effort to highlight and bring to the attention of the FAA
the fact that HBCU's and Hispanic serving institutions are alive and
well and should be included in the research efforts of the FAA. It aids
our minority institutions and others in understanding that minority
universities and undergraduate students should effectively compete for
research opportunities with the Federal Government.
Hispanic serving institutions are colleges and universities that
educate mostly Hispanic students. I am proud to announce that my new
district, the 18th Congressional District, includes a good portion of
the heights in Houston, TX. In the heights are people of all racial and
ethic backgrounds including Hispanics. Many of the residents of the
heights attend both HBCU's and Hispanic serving institutions as well as
majority colleges and universities. I am proud to be a representative
of each.
Mr. Chairman, while some may correctly state and understand that the
classification of undergraduate students should include historically
black colleges and universities as well as Hispanic serving
institutions, it is important to note that there are some in our
country who do not appreciate this view. Consequently, our minority
universities are often overlooked or forgotten.
My amendment allows undergraduate students at HBCU's and Hispanic
serving institutions to definitively know that they too can participate
in research that benefits the FAA and compete for research and
development dollars that will help build a better America.
For these reasons, I ask that my colleagues support my amendment to
H.R. 1271.
Mr. GORDON. Mr. Chairman, will the gentlewoman yield?
Ms. JACKSON-LEE of Texas. I yield to the gentleman from Tennessee.
Mr. GORDON. Mr. Chairman, I rise in support of the gentlewoman's
amendment and offer my compliments for her bringing this amendment, her
diligent efforts to bring this before us, and again point out that,
again by CBO's scoring, this will add no cost to the Federal budget.
Ms. JACKSON-LEE of Texas. Mr. Chairman, reclaiming my time, I thank
the gentleman very much.
Mr. HINOJOSA. Mr. Chairman, I move to strike the last word, and I
rise in support of the gentlewoman's amendment to the H.R. 1271, the
FAA Research, Engineering, and Development Authorization Act of 1997.
This amendment serves to highlight Hispanic serving and minority
institutions' participation in the undergraduate FAA research grants
program established by the bill.
There is no doubt that an overwhelming need exists for more research
dollars to be awarded to these institutions. In 1996 they received less
than 1 percent of available funds. That is simply not satisfactory. I
encourage all my colleagues to today address and rectify this problem
and to support this amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Texas [Ms. Jackson-Lee].
The amendment was agreed to.
The CHAIRMAN. Are there further amendments to the bill?
If not, the question is on the committee amendment in the nature of a
substitute, as amended.
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The CHAIRMAN. Under the rule, the Committee rises.
Accordingly the Committee rose; and the Speaker pro tempore (Mr.
Goss) having assumed the chair, Mr. Stearns, Chairman of the Committee
of the Whole House on the State of the Union, reported that that
Committee, having had under consideration 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, pursuant to House Resolution 125, he reported the bill
back to the House with an amendment adopted by the Committee of the
Whole.
The SPEAKER pro tempore (Mr. Goss). Under the rule, the previous
question is ordered.
Is a separate vote demanded on any amendment to the committee
amendment in the nature of a substitute adopted by the Committee of the
Whole? If not, the question is on the amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. SENSENBRENNER. Mr. Speaker, on that I demand the yeas and nays.
[[Page H1952]]
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 5, rule I, further
proceedings on this question will be postponed.
____________________