[House Report 108-405]
[From the U.S. Government Publishing Office]
108th Congress Rept. 108-405
HOUSE OF REPRESENTATIVES
1st Session Part 1
======================================================================
FEDERAL AVIATION ADMINISTRATION RESEARCH AND DEVELOPMENT
REAUTHORIZATION ACT
_______
December 8, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Boehlert, from the Committee on Science, submitted the following
R E P O R T
[To accompany H.R. 2734]
[Including cost estimate of the Congressional Budget Office]
The Committee on Science, to whom was referred the bill (H.R.
2734) to authorize appropriations for the civil aviation
research and development projects and activities of the Federal
Aviation Administration, 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.............................................6
III. Background and Need for the Legislation.........................6
IV. Summary of Hearings.............................................6
V. Committee Actions...............................................7
VI. Summary of Major Provisions of the Bill.........................8
VII. Section-by-Section Analysis (by Title and Section)..............9
VIII. Committee Views................................................11
IX. Cost Estimate..................................................14
X. Congressional Budget Office Cost Estimate......................15
XI. Compliance With Public Law 104-4 (Unfunded Mandates)...........16
XII. Committee Oversight Findings and Recommendations...............16
XIII. Statement on General Performance Goals and Objectives..........16
XIV. Constitutional Authority Statement.............................17
XV. Federal Advisory Committee Statement...........................17
XVI. Congressional Accountability Act...............................17
XVII. Statement on Preemption of State, Local, or Tribal Law.........17
XVIII.Changes in Existing Law Made by the Bill, as Reported..........17
XIX. Committee Recommendations......................................21
XX. Proceedings of the Subcommittee Markup.........................23
XXI. Proceedings of the Full Committee Markup.......................57
I. Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Aviation Administration
Research and Development Reauthorization Act''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 48102(a) of title 49, United States Code, is amended--
(1) by striking ``to carry out sections 44504'' and inserting
``for conducting civil aviation research and development under
sections 44504'';
(2) by striking ``and'' at the end of paragraph (7);
(3) by striking the period at the end of paragraph (8) and
inserting a semicolon; and
(4) by adding at the end the following new paragraphs:
``(9) for fiscal year 2004, $371,317,000, including--
``(A) $190,000,000 for Research, Engineering, and
Development, of which--
``(i) $65,000,000 shall be for Improving
Aviation Safety;
``(ii) $24,000,000 shall be for Weather
Safety Research;
``(iii) $15,000,000 shall be made available
to the Next Generation Air Traffic Management
Research and Development Joint Program Office
established under section 3 of the Federal
Aviation Administration Research and
Development Reauthorization Act for the Next
Generation Air Traffic Management Research and
Development program under such section 3;
``(iv) $27,500,000 shall be for Human Factors
and Aeromedical Research;
``(v) $30,000,000 shall be for Environmental
Research and Development, of which $20,000,000
shall be for research activities related to
reducing community exposure to civilian
aircraft noise or emissions;
``(vi) $7,000,000 shall be for Research
Mission Support;
``(vii) $20,000,000 shall be for the Airport
Cooperative Research Program; and
``(viii) $1,500,000 shall be for carrying out
subsection (h) of this section;
``(B) $163,900,000 for Facilities and Equipment, of
which--
``(i) $42,800,000 shall be for Advanced
Technology Development and Prototyping;
``(ii) $30,300,000 shall be for Safe Flight
21; and
``(iii) $90,800,000 shall be for the Center
for Advanced Aviation System Development; and
``(C) $17,417,000 for Airport Improvement Program
Research and Development, of which--
``(i) $9,667,000 shall be for Airports
Technology-Safety; and
``(ii) $7,750,000 shall be for Airports
Technology-Efficiency;
``(10) for fiscal year 2005, $396,192,000, including--
``(A) $206,600,000 for Research, Engineering, and
Development, of which--
``(i) $65,705,000 shall be for Improving
Aviation Safety;
``(ii) $24,260,000 shall be for Weather
Safety Research;
``(iii) $30,000,000 shall be made available
to the Next Generation Air Traffic Management
Research and Development Joint Program Office
established under section 3 of the Federal
Aviation Administration Research and
Development Reauthorization Act for the Next
Generation Air Traffic Management Research and
Development program under such section 3;
``(iv) $27,800,000 shall be for Human Factors
and Aeromedical Research;
``(v) $30,109,000 shall be for Environmental
Research and Development, of which $20,000,000
shall be for research activities related to
reducing community exposure to civilian
aircraft noise or emissions;
``(vi) $7,076,000 shall be for Research
Mission Support;
``(vii) $20,000,000 shall be for the Airport
Cooperative Research Program; and
``(viii) $1,650,000 shall be for carrying out
subsection (h) of this section;
``(B) $172,000,000 for Facilities and Equipment, of
which--
``(i) $43,300,000 shall be for Advanced
Technology Development and Prototyping;
``(ii) $31,100,000 shall be for Safe Flight
21;
``(iii) $95,400,000 shall be for the Center
for Advanced Aviation System Development; and
``(iv) $2,200,000 shall be for Free Flight
Phase 2; and
``(C) $17,592,000 for Airport Improvement Program
Research and Development, of which--
``(i) $9,764,000 shall be for Airports
Technology-Safety; and
``(ii) $7,828,000 shall be for Airports
Technology-Efficiency; and
``(11) for fiscal year 2006, $412,157,000, including--
``(A) $228,289,000 for Research, Engineering, and
Development, of which--
``(i) $66,447,000 shall be for Improving
Aviation Safety;
``(ii) $24,534,000 shall be for Weather
Safety Research;
``(iii) $50,000,000 shall be made available
to the Next Generation Air Traffic Management
Research and Development Joint Program Office
established under section 3 of the Federal
Aviation Administration Research and
Development Reauthorization Act for the Next
Generation Air Traffic Management Research and
Development program under such section 3;
``(iv) $28,114,000 shall be for Human Factors
and Aeromedical Research;
``(v) $30,223,000 shall be for Environmental
Research and Development, of which $20,000,000
shall be for research activities related to
reducing community exposure to civilian
aircraft noise or emissions;
``(vi) $7,156,000 shall be for Research
Mission Support;
``(vii) $20,000,000 shall be for the Airport
Cooperation Research Program; and
``(viii) $1,815,000 shall be for carrying out
subsection (h) of this section;
``(B) $166,100,000 for Facilities and Equipment, of
which--
``(i) $42,200,000 shall be for Advanced
Technology Development and Prototyping;
``(ii) $23,900,000 shall be for Safe Flight
21; and
``(iii) $100,000,000 shall be for the Center
for Advanced Aviation System Development; and
``(C) $17,768,000 for Airport Improvement Program
Research and Development, of which--
``(i) $9,862,000 shall be for Airports
Technology-Safety; and
``(ii) $7,906,000 shall be for Airports
Technology-Efficiency.''.
SEC. 3. NEXT GENERATION AIR TRAFFIC MANAGEMENT RESEARCH AND DEVELOPMENT
JOINT PROGRAM OFFICE.
(a) Establishment.--There is established a Next Generation Air
Traffic Management Research and Development Joint Program Office
(referred to in this section as the ``Office''). The Office shall be
jointly managed by the Federal Aviation Administration and the National
Aeronautics and Space Administration. The objective of the Office shall
be to carry out research and development of an air traffic management
system designed to meet national long-term aviation security, safety,
and capacity needs.
(b) Director and Deputy Director.--The Office shall be headed by a
Director who shall be a senior executive of the Federal Aviation
Administration. The Deputy Director shall be a senior executive of the
National Aeronautics and Space Administration. Not later than 120 days
after the date of enactment of this Act, the Administrators of the
Federal Aviation Administration and the National Aeronautics and Space
Administration shall jointly appoint the Director and Deputy Director
of the Office.
(c) Functions of the Office.--The Office shall manage air traffic
management research and development programs and initiatives within the
Federal Aviation Administration and the National Aeronautics and Space
Administration. The responsibilities of the Office shall include--
(1) establishing and managing a research and development
program for a next generation air traffic management system
capable of tripling capacity by the year 2025;
(2) entering into grants, cooperative agreements or
contracts, or otherwise awarding or using funds appropriated
for air traffic management research and development to carry
out paragraph (1);
(3) utilizing the facilities, capabilities, expertise, and
experience of Federal agencies, national laboratories,
universities, nonprofit organizations, industrial entities, and
other non-Federal entities to carry out paragraph (1);
(4) coordinating with the Department of Defense, the
Department of Commerce, the Under Secretary for Science and
Technology at the Department of Homeland Security, the National
Security Council, the Department of Transportation, and other
Federal agencies; and
(5) consulting with the private sector (including
representatives of general aviation, commercial aviation, and
the space industry), members of the public, and other
interested parties on the program.
(d) Next Generation Air Traffic Management Research and Development
Plan.--
(1) Requirement.--The Office shall develop a research and
development plan to carry out this section.
(2) Goal.--The goal of the plan shall be to enable the
creation of a National Airspace System architecture that
would--
(A) be based on emerging ground-based and space-based
communications, navigation, and surveillance
technologies;
(B) increase the level of safety, security, and
efficiency of the National Airspace System;
(C) integrate data and information flow effectively
with other Federal agencies responsible for providing
for our Nation's defense and security;
(D) be scalable to accommodate and encourage
substantial growth in domestic and international
transportation;
(E) anticipate and accommodate continuing technology
upgrades;
(F) accommodate a wide range of aircraft operations,
including airlines, air taxis, helicopters, general
aviation, and unmanned aerial vehicles; and
(G) incorporate noise pollution reduction concerns.
(3) Contents.--The plan shall describe, at a minimum--
(A) the most significant technical hurdles that stand
in the way of achieving the goal described in paragraph
(2);
(B) the research and development projects that will
be carried out to overcome the technical hurdles
described in subparagraph (A), including, for each
project, whether it would be funded by the Federal
Aviation Administration, the National Aeronautics and
Space Administration, or both, and whether the work
would be carried by the Federal Government,
corporations, or universities, or a combination
thereof;
(C) the annual anticipated cost of carrying out the
plan;
(D) the technical milestones that will be used to
evaluate progress in carrying out the plan; and
(E) how the research and development activities will
be coordinated with other appropriate Federal agencies.
(e) Reports.--The Director of the Office shall transmit to the
Committee on Science of the House of Representatives and to the
Committee on Commerce, Science, and Transportation of the Senate--
(1) not later than 120 days after the date of enactment of
this Act, the plan required under subsection (d); and
(2) annually at the time of the President's budget request, a
report describing the progress in carrying out the plan
required under subsection (d) and any changes to that plan.
SEC. 4. BUDGET DESIGNATION FOR RESEARCH AND DEVELOPMENT ACTIVITIES.
Section 48102 of title 49, United States Code, is amended by
inserting after subsection (f) 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 Department of Transportation's annual budget request for
the Federal Aviation Administration shall identify 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. Each activity in the
categories of basic research, applied research, and development shall
be identified regardless of the budget category in which it appears in
the budget request.''.
SEC. 5. AIRPORT COOPERATIVE RESEARCH PROGRAM.
Section 44511 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(f) Airport Cooperative Research Program.--
``(1) Establishment.--The Secretary of Transportation shall
establish an airport cooperative research program to--
``(A) identify problems that are shared by airport
operating agencies and can be solved through applied
research but that are not being adequately addressed by
existing Federal research programs; and
``(B) fund research to address those problems.
``(2) Governance.--The Secretary of Transportation shall
appoint an independent governing board for the research program
established under this subsection. The governing board shall be
appointed from candidates nominated by national associations
representing public airport operating agencies, airport
executives, State aviation officials, and the scheduled
airlines, and shall include representatives of appropriate
Federal agencies. Section 14 of the Federal Advisory Committee
Act shall not apply to the governing board.
``(3) Implementation.--The Secretary of Transportation shall
enter into an arrangement with the National Academy of Sciences
to provide staff support to the governing board established
under paragraph (2) and to carry out projects proposed by the
governing board that the Secretary considers appropriate.''.
SEC. 6. DEVELOPMENT OF ANALYTICAL TOOLS AND CERTIFICATION METHODS.
The Federal Aviation Administration shall conduct research to promote
the development of analytical tools to improve existing certification
methods and to reduce the overall costs for the certification of new
products.
SEC. 7. RESEARCH ON AVIATION TRAINING.
Section 48102(h)(1) of title 49, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C) and
inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) research on the impact of new technologies and
procedures, particularly those related to aircraft
flight deck and air traffic management functions, on
training requirements for pilots and air traffic
controllers.''.
SEC. 8. ROTORCRAFT RESEARCH AND DEVELOPMENT INITIATIVE.
(a) Objective.--The Administrator of the Federal Aviation
Administration shall establish a rotorcraft initiative with the
objective of developing, and demonstrating in a relevant environment,
within 10 years after the date of the enactment of this Act,
technologies to enable rotorcraft with the following improvements
relative to rotorcraft existing as of the date of the enactment of this
Act:
(1) 80 percent reduction in noise levels on takeoff and on
approach and landing as perceived by a human observer.
(2) Factor of 10 reduction in vibration.
(3) 30 percent reduction in empty weight.
(4) Predicted accident rate equivalent to that of fixed-wing
aircraft in commercial service within 10 years after the date
of the enactment of this Act.
(5) Capability for zero-ceiling, zero-visibility operations.
(b) Implementation.--Within 180 days after the date of the enactment
of this Act, the Administrator of the Federal Aviation Administration,
in cooperation with the Administrator of the National Aeronautics and
Space Administration, shall provide a plan to the Committee on Science
of the House of Representatives and to the Committee on Commerce,
Science, and Transportation of the Senate for the implementation of the
initiative described in subsection (a). The implementation plan shall
include--
(1) technological roadmaps for achieving each of the
improvements specified in subsection (a);
(2) an estimate of the 10-year funding profile required to
achieve the objective specified in subsection (a);
(3) a plan for carrying out a formal quantification of the
estimated costs and benefits of each technological option
selected for development beyond the initial concept definition
phase;
(4) a plan for transferring the technologies to industry,
including the identification of requirements for prototype
demonstrations, as appropriate;
(5) a plan to perform rotorcraft system architecture studies
to identify revolutionary technologies for future investments
in research and development; and
(6) a plan to increase the use of vertical-take-off-and-
landing vehicles to improve transportation service in urban
areas.
(c) Funding Agreements.--The Administrator of the Federal Aviation
Administration shall enter into appropriate funding agreements with
other Federal agencies and departments linked to national rotorcraft
industry and academic research and development.
(d) Center for Rotorcraft Technology.--The Federal Aviation
Administration is authorized to contribute up to $5,000,000 for the
operation of a center for rotorcraft technology to house a research,
testing, and training facility and administrative center in the
vicinity of existing helicopter manufacturing and research for the
purpose of improving upon and developing new rotorcraft technologies,
new design capabilities, and manufacturing techniques, including the
objectives described in subsection (a), led by helicopter
manufacturers, the maintenance industry, retrofitters, universities,
and industry suppliers.
(e) Authorization of Appropriations.--In addition to amounts
authorized to be appropriated by the amendments made by this Act, there
are authorized to be appropriated to the Administrator of the Federal
Aviation Administration to carry out this section--
(1) $40,000,000 for fiscal year 2004;
(2) $40,000,000 for fiscal year 2005;
(3) $40,000,000 for fiscal year 2006;
(4) $50,000,000 for fiscal year 2007; and
(5) $70,000,000 for fiscal year 2008.
SEC. 9. PILOT RETIREMENT AGE STUDY.
The Administrator of the Federal Aviation Administration shall
conduct a research study of whether commercial airline pilots between
the ages of 60 and 64 who are employed by foreign air carriers pose a
significant safety risk to United States passengers and airspace. The
Administrator shall transmit the results of the study to the Congress
not later than 6 months after the date of the enactment of this Act.
II. Purpose of the Bill
The purpose of the bill is to authorize the Federal
Aviation Administration (FAA) to conduct research and
development activities for Fiscal Years (FY) 2004, 2005, and
2006. The funds authorized by this bill are aimed at improving
the national airspace system by increasing its safety,
security, capacity, and productivity to meet expected air
traffic demands of the future.
III. Background and Need for the Legislation
The FAA was created 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, a
comprehensive research and development program was put in place
to maintain a safe, efficient air traffic control system.
The 100th Congress, seeking to strengthen FAA's research
and development programs, enacted the 1988 Aviation Safety
Research Act (P.L. 100-591), creating the FAA Research 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 Security Improvement Act of
1990 (P.L. 101-604), which required FAA to support activities
to accelerate the research and development of new technologies
to protect against terrorism. Most of this program was later
transferred to the Transportation Security Administration.
Funding for FAA research and development activities was
authorized for Fiscal Years 1999, 2000, 2001 and 2002 through
P.L. 106-181.
IV. Summary of Hearings
On March 6, 2003, the Subcommittee on Space and Aeronautics
held a hearing on civil aeronautics research and development
budget requests for the Federal Aviation Administration (and
the National Aeronautics and Space Administration) for Fiscal
Year 2004, as well as their long-term plans for research and
development.
Mr. Charlie Keegan, Associate Administrator for Research
and Acquisitions, Federal Aviation Administration, testified
that the agency's major research and development programs and
plans are described in the FAA's National Aviation Research
Plan. He stated that FAA's research and development budget
request for $100 million for the Research, Engineering and
Development account for Fiscal Year 2004 was $24 million below
the current fiscal year's level. He also noted that FAA's
research and development program requested $73 million from the
Facilities and Equipment account, and $17.4 million from the
Airport Improvement Program account. He stated that one of the
most valuable collaborations with industry is the Research,
Engineering and Development Advisory Committee (REDAC),
comprising industry, government and academic experts in the
field of aviation. Mr. Keegan also highlighted two successful
new safety technologies developed by the FAA, a fuel tank
inerting system to make fuel tanks safer and a runway overrun
arrestor bed material to aid in stopping runaway aircraft.
Dr. John Hansman, Professor of Aeronautics and Astronautics
at the Massachusetts Institute of Technology, testified that
FAA's R&D funding was inadequate to meet projected demand in
the National Airspace System (NAS). He stated that the current
air traffic control system is ``on the edge of a capacity
crisis,'' and that once the economy rebounds, the performance
of our National Airspace System will degrade. He also stated
that FAA (and NASA) need a stronger base research program in
fundamental aspects of air traffic management, and that as a
nation, we need to provide appropriate resources and
coordination between various agencies.
Mr. Malcolm Armstrong, Senior Vice President, Air Transport
Association, highlighted the precarious financial condition of
the commercial air carrier industry. He stated that safety
remains the industry's number one goal, and noted that during
the previous calendar year, scheduled domestic air carriers
suffered no fatal accidents. He testified that FAA's current
air traffic management program, the Operational Evolution Plan,
will not provide sufficient capacity to meet projected demands.
Mr. Armstrong expressed the industry's belief that the next air
traffic management system will be highly automated. He also
reiterated a recommendation made by the Commission on the
Future of the United States Aerospace Industry that FAA should
provide incentives to help the air carrier industry absorb the
costs of re-equipping their fleets with new avionics systems
that will be required to operate in the next generation air
traffic management system.
V. Committee Actions
The Space and Aeronautics Subcommittee marked up the
Committee Print of the ``Federal Aviation Administration
Research and Development Reauthorization Act'' on June 26,
2003. The legislation was adopted, as amended (by voice vote)
and ordered reported to the full Committee. Amendments to the
legislation were offered in the following order:
1. Amendment offered by Mr. Gordon to update the Research
Grants Program to highlight the importance of research on the
impact of new technologies and procedures on the training
requirements for pilots and air traffic controllers, and to
authorize funding to support this research. The amendment also
extends funding of the Research Grants Program for three years.
The amendment was adopted by voice vote.
2. Amendment offered by Mr. Weiner to authorize a $20
million noise and emissions research funding program in the
Research, Engineering and Development account, and to strike a
provision in the Committee Print authorizing this activity from
the Airport Improvement Program account. The amendment was
adopted by voice vote.
3. Amendment offered by Subcommittee Chairman Rohrabacher
on behalf of Mr. Boehlert, to direct the National Academy of
Sciences to provide staff and administrative support to the
governing board of the Airport Cooperative Research Program.
The amendment was adopted by voice vote.
Following Subcommittee markup, Representative Randy Forbes
introduced the bill with bipartisan support on July 15, 2003,
which was designated H.R. 2734. The full Committee met on
Tuesday, July 22, 2003, to consider H.R. 2734. The bill was
adopted, as amended (by voice vote) and ordered reported to the
House. Amendments were offered in the following order:
1. Amendment offered by Mr. Matheson to add, as a new
criterion, consideration of noise pollution reduction to the
Next Generation Air Traffic Management--Joint Program Office
research plan. The amendment was adopted by voice vote.
2. Amendment offered by Representative Curt Weldon to
authorize a rotorcraft research and development program to:
reduce rotorcraft noise levels on takeoff and approach and
landing; to reduce vibration; to reduce empty weight; to reduce
the accident rate; and to develop the capability of flying in
instrument weather conditions. The amendment authorizes $240
million over five years (FY04-FY08). The amendment was adopted
by voice vote.
3. Amendment offered by Ms. Jackson-Lee to require the FAA
to conduct a research study on whether commercial airline
pilots between the ages of 60 and 64, who fly for foreign
commercial air carriers, pose a significant safety risk to U.S.
passengers and airspace. The FAA is directed to transmit a
report to Congress not later than six months after the date of
enactment. The amendment was adopted by voice vote.
VI. Summary of Major Provisions of the Bill
Reauthorizes the FAA's Research and Development
program for FY04, FY05, and FY06.
Establishes an FAA-NASA Next Generation Air
Traffic Management Joint Program Office. Requires a research
and development plan that will enable development of an air
traffic management system capable of tripling capacity by the
year 2025. Authorizes a total of $95 million from FY04 through
FY06 .
Amends Section 48102 of Title 49, United States
Code, to clarify that amounts appropriated under this
subsection support all research and development activities
carried out by FAA.
Establishes an Airport Cooperative Research
Program. Authorizes $20 million annually.
Requires FAA to conduct research on development of
analytical tools to held reduce the cost of certifying new
aircraft, aircraft engines, and related systems.
Establishes a research program to reduce community
exposure to aircraft noise and emissions. Authorizes $20
million annually.
Authorizes FAA to establish a rotorcraft research
and development program.
VII. Section-by-Section Analysis (by Title and Section)
Sec. 1. Short Title
``Federal Aviation Administration Research and Development
Reauthorization Act.''
Sec. 2. Authorization of Appropriations
Authorizes appropriations for Federal Aviation
Administration (FAA) Research and Development programs,
projects and activities.
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Program account FY03 actual FY04 request FY04 auth. FY05 auth. FY06 auth.
----------------------------------------------------------------------------------------------------------------
Research, Engineering & Development....... $147.5 $100.0 $190.0 $206.6 $228.3
Facilities and Equipment*................. 177.5 163.9 163.9 172.0 166.1
Airport Improvement Program*.............. 0.0 17.4 17.4 17.6 17.7
---------------------------------------------------------------------
Total............................... 325.0 281.3 371.3 396.2 412.1
----------------------------------------------------------------------------------------------------------------
*Research and development projects and activities only.
Sec. 3. Next Generation Air Traffic Management Research and Development
Joint Program Office
Requires FAA and the National Aeronautics and Space
Administration (NASA) to establish a Joint Program Office (JPO)
to conduct Next Generation Air Traffic Management research and
development. Requires the FAA and NASA Administrators to
jointly appoint an FAA senior executive to be Director, and a
NASA senior executive to be Deputy Director.
Requires the JPO to establish and carry out, on behalf of
FAA and NASA, long-term air traffic management research and
development capable of tripling our domestic capacity by 2025.
The JPO is authorized to spend agency funds dedicated to air
traffic management research and development on behalf of NASA
and FAA. Authorizes the JPO to use the facilities and expertise
of other Federal agencies, national laboratories, universities,
non-profit organizations, and private sector entities.
Requires the JPO to develop a research and development plan
with cost and schedule milestones. Requires the JPO to make an
annual report to Congress on progress to date, and program
plans for the following year.
Authorizes a total of $95 million.
Sec. 4. Budget Designation for Research and Development Activities
Amends 49 USC 48102 (FAA Research and Development), to
require future FAA budgets to identify all research and
development activities that would be classified as basic
research, applied research, or development under the guidelines
established by the Office of Management and Budget Circular A-
11, regardless of the budget category in which they appear in
the budget request.
Sec. 5. Airport Cooperative Research Program
Requires the Secretary of Transportation to establish an
airport cooperative research grant program to identify
problems--shared by airport operating agencies--that can be
solved through applied research, and to fund research
addressing those problems.
Requires the Secretary to appoint a governing board from
candidates proposed by national associations representing
airport executives, public airport operating agencies, State
aviation officials, and the scheduled airlines. The board will
solicit, review and propose airport research and development
projects. The Secretary will review and approve projects for
funding.
Authorizes $20 million annually from the Research,
Engineering and Development account.
Sec. 6. Development of Analytical Tools and Certification Methods
Directs FAA to conduct research to promote development of
analytical tools to improve existing certification methods for
new aircraft, engines, and aircraft systems, to reduce overall
certification costs for new products.
Sec. 7. Research Program to Reduce Community Exposure to Aircraft Noise
and Emissions
Establishes a program to fund research and development of
noise and emissions reduction technologies. Authorizes $20
million annually from the Airport Improvement Program.
Sec. 8. Rotorcraft Research and Development Initiative
Directs the FAA Administrator to establish a rotorcraft
initiative with the objective of developing and demonstrating
technologies, within ten years, to enable the following
performance enhancements over state-of-the-art rotorcraft: an
80 percent reduction in noise levels on take and on approach
and landing; a factor of 10 reduction in vibration; a 30
percent reduction in empty weight; a predicted accident rate to
that of fixed-wing aircraft in commercial service; and the
capability of operating in instrument meteorological
conditions.
Requires the FAA Administrator, in cooperation with NASA,
to provide an implementation plan to the House Science
Committee, and the Senate Commerce, Science and Transportation
Committee, within 180 days.
Authorizes FAA to contribute up to $5 million for the
operation of a center for rotorcraft technology.
Authorizes a total of $240 million over five fiscal years
(FY04-FY08).
Sec. 9. Pilot Retirement Age Study
Directs the FAA Administrator to conduct a research study
of whether commercial airline pilots between the ages of 60 and
64, who fly for foreign commercial air carriers, pose a
significant safety risk to U.S. passengers and airspace. The
report shall be transmitted to Congress not later than 180 days
after the date of enactment.
VIII. Committee Views
Research and Development Funding. The bill authorizes
appropriations for all of FAA's research and development
activities. Currently, these activities are funded from two of
the agency's four major appropriations accounts: the Research,
Engineering and Development (R,E&D) account; and the Facilities
and Equipment (F&E) account. For Fiscal Year 2004, FAA also
proposed two airport R&D activities for funding through the
Airport Improvement Program account,\1\ and proposed to fund a
commercial space transportation safety project through the
Operations Account.
---------------------------------------------------------------------------
\1\ The two projects are: Airports Technology--Safety; and Airports
Technology--Efficiency.
---------------------------------------------------------------------------
FAA's annual plan for research and development, The
National Aviation Research Plan (NARP), which is statutorily
mandated and required to include all of FAA's research and
development activities, was used by the Committee as the basis
for this authorization. The Facilities and Equipment projects
listed in the NARP, and authorized in the bill are: Safe Flight
21; Free Flight Phase 2; the Center for Advanced Aviation
System Development; and Advanced Technology Development and
Prototyping. Advanced Technology Development and Prototyping is
a collection of 13 distinct activities in the agency's FY04
budget proposal that support air traffic services. They are:
Runway Incursion; Aviation System Capacity Improvement;
Separation Standards; Airspace Management Laboratory; General
Aviation and Vertical Flight Technology Program; Operational
Concept Validation; Software Engineering; National Airspace
System (NAS) Requirements Development; Domestic Reduced
Vertical Separation Minima; Cyber Security for NAS Development;
Safer Skies; NAS Safety Assessment; and Required Navigation
Performance.
The dispersion of R&D projects and activities across FAA
accounts is a recent change. Prior to FY99, agency research and
development was funded primarily within the R,E&D account, one
important exception being the Center for Advanced Aviation
System Development. In FY99, the Congressional appropriations
process resulted in a shifting of $52.6 million from the R,E&D
account to the Facilities and Equipment account by creating the
Advanced Technology Development and Prototyping program. Over
time this migration of research and development funding has
become more pronounced, with the FY04 budget proposing more
funding out of F&E, Operations, and Airport Improvement
accounts than out of R,E&D.
The Committee believes that all research and development
funding should be provided within the Research, Engineering and
Development account. Until that goal is accomplished, the
Committee will continue vigorous oversight and management of
research and development programs, projects and activities
wherever they may reside within the agency's budget. To that
end, the Committee expects the NARP to describe all FAA
research and development activities 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).
Next Generation Air Traffic Management Research and
Development Joint Program Office. The FAA serves a unique role
in government as manager and operator of a highly integrated
communications, navigation, and surveillance system that
provides air traffic separation services 24 hours a day, 365
days a year. Without FAA, our national airspace system could
not function.
The Committee is concerned that FAA is not moving
aggressively to research and develop enabling technologies to
address long-term (beyond the year 2015) air traffic management
(ATM) demand. Further, the Committee is concerned that FAA
alone does not have the research capabilities to undertake this
effort.
In testimony delivered before the Committee in this and
previous Congresses, expert witnesses have raised concerns that
the current air traffic management system will not be able to
accommodate the level of traffic projected after the year 2015.
Today, FAA has a capacity enhancement program in place, called
the Operational Evolution Plan (OEP), that by most measures
will result in a 30 percent gain in capacity, about enough to
keep pace with predicted growth over the next decade. Traffic
is then expected to outstrip capacity, and until a successor to
the current air traffic management system is researched,
developed, designed and built, the efficiency and financial
health of the nation's system of airports and commercial air
travel will be jeopardized.
The Committee expects the Next Generation Air Traffic
Management Research and Development Joint Program Office (JPO)
to closely integrate FAA's expertise with NASA's capabilities
to conduct research and development to lay the foundation for a
new operating paradigm. Toward that end, the JPO leadership
will be jointly selected by the Administrators of FAA and NASA.
The JPO is expected to manage all research and development
activities at FAA and NASA related to air traffic management
research and development. The Joint Program Office is expected
to draw upon the talents--and integrate the requirements--of
other Federal agencies that play a role in providing for
domestic safety and security, including the Under Secretary for
Science and Technology at the Department of Homeland Security,
the National Security Council, the Department of Defense, the
Department of Transportation, the Department of Commerce, and
other appropriate Federal agencies. Finally, the Joint Program
Office must ensure that private industry, including air
carriers, general aviation, and aerospace manufacturers, are
consulted as it moves forward to develop its research agenda.
The bill requires the JPO to develop a research plan, no
later than 120 days following the date of enactment, that will
provide the technologies to allow the Department of
Transportation to request Congressional authorization for a
future air traffic management system based on sound science,
risk reduction, and technology validation. In developing the
plan, the JPO should establish cost and schedule milestones
against which progress can be measured.
Airport Cooperative Research Program. The Committee is
concerned that the research needs of airports are not being
addressed by current federal programs. Airports are struggling
in today's business environment to comply with regulations
promulgated by a number of federal agencies. Most airports are
owned and operated by local governments and are expected to be
financially self-sufficient. Generally, airport sponsors make
no provision for additional resources to finance comprehensive
research and development programs. Consequently, many airports
have no research capability and must improvise or consult
informally with other airport operators to gain an
understanding of best practices to comply with federal
requirements.
The Committee expects the Airport Cooperative Research
Program to help airports comply with federal requirements
through a well executed program of applied research. In
establishing the Program, the Department of Transportation will
appoint a governing board from representatives of airport
operating agencies, airport executives, State aviation
officials, scheduled air carriers, and appropriate federal
agencies. The Department will enter into an arrangement with
the National Academy of Sciences to staff and support the
governing board. At a minimum, the Committee expects the
Transportation Research Board (National Academy of Sciences) to
annually issue a solicitation, on behalf of the governing
board, for applied research proposals that will help large and
small airports become more efficient and knowledgeable about
compliance with federal safety, security, operating, and
environmental requirements. Staff from the Transportation
Research Board will evaluate each proposal and provide
technical analysis on its relative merits and ensure that the
proposal does not duplicate research that has been conducted--
or is being conducted--in other venues. The Committee expects
the governing board to make funding recommendations, based on
staff analysis, to the Secretary for review. The Secretary will
make final funding decisions. This cooperative research program
model has been in use for 12 years at the Federal Transit
Administration for the Transit Cooperative Research Program,
and the Committee expects this same template to be applied to
the airport community.
Research on Aviation Training. The Committee is concerned
that continuing dramatic changes in both cockpit technologies
and in air traffic management technologies will put unique
demands on future training requirements. Research into the
impact of new technologies and procedures on training
requirements for pilots and air traffic controllers would be of
enormous value.
The 1998 FAA R&D authorization bill created a research
grants program for primarily undergraduate institutions of
higher education. It directed the FAA Administrator to
establish a program that would involve undergraduate and
technical colleges in research on subjects relevant to the
needs of the FAA. The Committee has updated this statute to
highlight the importance of research on the impact of new
technologies and procedures on the training requirements for
pilots and air traffic controllers. In addition, the Committee
extends the funding for the undergraduate research program for
another three years.
The Committee expects FAA to use its new authority to
aggressively conduct undergraduate university-based research.
It is anticipated that FAA will leverage its funding through
universities with undergraduate research programs focused on
developing curriculum, teaching techniques and standards for
pilots-in-training and for existing pilots to help them
transition to new technologies.
Noise and Emissions Research. The Committee is concerned
about the limited amount of Federal research investment
dedicated to study quieter and cleaner turbine engine
technologies, as well as airframe noise reduction. Today all
aircraft flying in domestic airspace must be Stage 3 compliant.
The FAA is now negotiating with our international aviation
partners to develop even stricter noise and emissions
standards, yet it spends no money in fundamental noise and
emissions research. Private industry supports research in these
areas, but does not have the financial capability to perform
high-risk, long-term research. For Fiscal Year 2004, NASA is
proposing to spend $60 million on its Quiet Aircraft Technology
program.
The Committee expects FAA to use its new noise and
emissions research authorization to supplement ongoing research
now being conducted by NASA, at university laboratories, and by
industry. FAA plays a vigorous regulatory role in this arena
and the Committee believes it appropriate that FAA should also
underwrite some of the costs associated with developing
technology solutions. The Committee also believes noise and
emissions research can produce technologies that will enhance
the competitiveness of U.S.-manufactured aircraft in the
important international marketplace.
Rotorcraft Research and Development Initiative. Rotorcraft
represents a tremendous opportunity to solve airport and airway
congestion. They can land and takeoff without having to rely on
runways, and they can approach and depart airports independent
of the flight paths used by fixed-wingaircraft. Rotorcraft can
also operate from very small terminals (heliports) that would make them
convenient to build in a number of urban settings.
However, rotorcraft still have a number of technological
hurdles that must be overcome before they could find their way
in the mainstream of air transportation vehicles. They're noisy
and they have much higher operating costs than similarly-sized
fixed-wing aircraft.
The Committee expects FAA to use this new R&D authority to
aggressively pursue enabling technologies through in-house
research facilities, or through contracts, grants or
cooperative agreements with industry, university research
facilities, and with other federal departments and agencies,
including the National Aeronautics and Space Administration.
IX. Cost Estimate
A cost estimate and comparison prepared by the Director of
the Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974 has been timely submitted to
the Committee on Science prior to the filing of this report and
is included in Section X of this report pursuant to House Rule
XIII, clause 3(c)(3).
H.R. 2734 does not contain new budget authority, credit
authority, or changes in revenues or tax expenditures. Assuming
that the sums authorized under the bill are appropriated, H.R.
2734 does authorize additional discretionary spending, as
described in the Congressional Budget Office report on the
bill, which is contained in Section X of this report.
X. Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 25, 2003.
Hon. Sherwood L. Boehlert,
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. 2734, the Federal
Aviation Administration Research and Development
Reauthorization Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Robert A. Sunshine
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 2734--Federal Aviation Administration Research and Development
Reauthorization Act
Summary: CBO estimates that H.R. 2734 would authorize the
appropriation of about $1.5 billion over the 2004-2008 period
for the Federal Aviation Administration's (FAA's) civil
aviation research and development programs. Assuming
appropriation of the authorized amounts, CBO estimates that
implementing H.R. 2734 would cost nearly $1.5 billion over the
2004-2008 period. The bill would not affect direct spending or
revenues.
H.R. 2734 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: For this
estimate, CBO assumes that H.R. 2734 will be enacted by the end
of fiscal year 2003 and that the specified and estimated
authorization amounts will be provided for each year. Estimates
of outlays are based on historical spending patterns for
similar activities. The estimated budgetary impact of H.R. 2734
is shown in the following table. The costs of this legislation
fall within budget function 400 (transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2003 2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for FAA Research and
Development:
Budget Authority \1\.................................. 147 0 0 0 0 0
Estimated Outlays..................................... 180 80 26 5 0 0
Proposed Changes:
Estimated Authorization Level......................... 0 431 456 472 70 90
Estimated Outlays..................................... 0 151 335 483 355 148
Spending Under H.R. 2734 for FAA Research and Development:
Estimated Authorization Level \1\..................... 147 431 456 472 70 90
Estimated Outlays..................................... 180 231 361 488 355 148
----------------------------------------------------------------------------------------------------------------
\1\ The 2003 level is the amount appropriated for that year for the FAA's civil aviation research and
development programs.
Basis of estimate: H.R. 2734 would authorize the
appropriation of $371 million in 2004 and about $1.2 billion
over the 2004-2006 period for civil aviation research and
development programs administered by the FAA. Those amounts
include $15 million in 2004 and $95 million over the 2004-2006
period for a new office to coordinate certain research and
development projects carried out by the FAA and the National
Aeronautics and Space Administration. Based on information from
the FAA, CBO estimates that outlays for those programs would
total $130 million in 2004 and roughly $1.2 billion over the
next five years.
The bill also would authorize the appropriation of $40
million in 2004 and $240 million over the 2004-2008 period for
a new program to enhance rotocraft technology. (A rotocraft is
a type of aircraft that uses rotary wings to take off and land
vertically.) Based on information from the FAA, CBO estimates
the proposed program would cost $14 million in 2004 and $203
million over the next five years.
Finally, H.R. 2734 would require the Secretary of
Transportation to establish a research program to identify and
address problems faced by airport operators that are not
sufficiently studied through FAA's existing research and
development activities. Based on information from the FAA and
assuming appropriation of the necessary amounts, CBO estimates
that the new program would cost $7 million in 2004 and $89
million over the 2004-2008 period.
Intergovernmental and private-sector impact: H.R. 2734
contains no intergovernmental or private-sector mandates as
defined in UMRA, and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Megan Carroll; Impact
on State, Local, and Tribal Governments: Theresa Gullo; and
Impact on the Private Sector: Jean Talarico.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
XI. Compliance With Public Law 104-4 (Unfunded Mandates)
H.R. 2734 contains no unfunded mandates.
XII. Committee Oversight Findings and Recommendations
The Committee on Science's oversight findings and
recommendations are reflected in the body of this report.
XIII. Statement on General Performance Goals and Objectives
Pursuant to clause 3(c) of House rule XIII, the goals of
H.R. 2734 are to authorize appropriations for the research and
development activities of the Federal Aviation Administration
for fiscal years 2004 through 2006; to establish a Next
Generation Air Traffic Management Research and Development
Joint Program Office; to establish an Airport Cooperative
Research Program; to establish a Rotorcraft Research and
Development Initiative; to study of the age 60 retirement rule
imposed on commercial airline pilots; and to study the impact
of new technologies and procedures on training requirements for
pilots and air traffic controllers.
XIV. Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact H.R. 2734.
XV. Federal Advisory Committee Statement
H.R. 2734 does not establish nor authorize the
establishment of any advisory committee.
XVI. Congressional Accountability Act
The Committee finds that H.R. 2734 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).
XVII. Statement on Preemption of State, Local, or Tribal Law
This bill is not intended to preempt any state, local, or
tribal law.
XVIII. Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) 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. 44511. Aviation research grants
(a) * * *
* * * * * * *
(f) Airport Cooperative Research Program.--
(1) Establishment.--The Secretary of Transportation
shall establish an airport cooperative research program
to--
(A) identify problems that are shared by
airport operating agencies and can be solved
through applied research but that are not being
adequately addressed by existing Federal
research programs; and
(B) fund research to address those problems.
(2) Governance.--The Secretary of Transportation
shall appoint an independent governing board for the
research program established under this subsection. The
governing board shall be appointed from candidates
nominated by national associations representing public
airport operating agencies, airport executives, State
aviation officials, and the scheduled airlines, and
shall include representatives of appropriate Federal
agencies. Section 14 of the Federal Advisory Committee
Act shall not apply to the governing board.
(3) Implementation.--The Secretary of Transportation
shall enter into an arrangement with the National
Academy of Sciences to provide staff support to the
governing board established under paragraph (2) and to
carry out projects proposed by the governing board that
the Secretary considers appropriate.
* * * * * * *
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] for
conducting civil aviation research and development under
sections 44504, 44505, 44507, 44509, and 44511-44513 of this
title:
(1) * * *
* * * * * * *
(7) for fiscal year 2001, $237,000,000; [and]
(8) for fiscal year 2002, $249,000,000[.];
(9) for fiscal year 2004, $371,317,000, including--
(A) $190,000,000 for Research, Engineering,
and Development, of which--
(i) $65,000,000 shall be for
Improving Aviation Safety;
(ii) $24,000,000 shall be for Weather
Safety Research;
(iii) $15,000,000 shall be made
available to the Next Generation Air
Traffic Management Research and
Development Joint Program Office
established under section 3 of the
Federal Aviation Administration
Research and Development
Reauthorization Act for the Next
Generation Air Traffic Management
Research and Development program under
such section 3;
(iv) $27,500,000 shall be for Human
Factors and Aeromedical Research;
(v) $30,000,000 shall be for
Environmental Research and Development,
of which $20,000,000 shall be for
research activities related to reducing
community exposure to civilian aircraft
noise or emissions;
(vi) $7,000,000 shall be for Research
Mission Support;
(vii) $20,000,000 shall be for the
Airport Cooperative Research Program;
and
(viii) $1,500,000 shall be for
carrying out subsection (h) of this
section;
(B) $163,900,000 for Facilities and
Equipment, of which--
(i) $42,800,000 shall be for Advanced
Technology Development and Prototyping;
(ii) $30,300,000 shall be for Safe
Flight 21; and
(iii) $90,800,000 shall be for the
Center for Advanced Aviation System
Development; and
(C) $17,417,000 for Airport Improvement
Program Research and Development, of which--
(i) $9,667,000 shall be for Airports
Technology-Safety; and
(ii) $7,750,000 shall be for Airports
Technology-Efficiency;
(10) for fiscal year 2005, $396,192,000, including--
(A) $206,600,000 for Research, Engineering,
and Development, of which--
(i) $65,705,000 shall be for
Improving Aviation Safety;
(ii) $24,260,000 shall be for Weather
Safety Research;
(iii) $30,000,000 shall be made
available to the Next Generation Air
Traffic Management Research and
Development Joint Program Office
established under section 3 of the
Federal Aviation Administration
Research and Development
Reauthorization Act for the Next
Generation Air Traffic Management
Research and Development program under
such section 3;
(iv) $27,800,000 shall be for Human
Factors and Aeromedical Research;
(v) $30,109,000 shall be for
Environmental Research and Development,
of which $20,000,000 shall be for
research activities related to reducing
community exposure to civilian aircraft
noise or emissions;
(vi) $7,076,000 shall be for Research
Mission Support;
(vii) $20,000,000 shall be for the
Airport Cooperative Research Program;
and
(viii) $1,650,000 shall be for
carrying out subsection (h) of this
section;
(B) $172,000,000 for Facilities and
Equipment, of which--
(i) $43,300,000 shall be for Advanced
Technology Development and Prototyping;
(ii) $31,100,000 shall be for Safe
Flight 21;
(iii) $95,400,000 shall be for the
Center for Advanced Aviation System
Development; and
(iv) $2,200,000 shall be for Free
Flight Phase 2; and
(C) $17,592,000 for Airport Improvement
Program Research and Development, of which--
(i) $9,764,000 shall be for Airports
Technology-Safety; and
(ii) $7,828,000 shall be for Airports
Technology-Efficiency; and
(11) for fiscal year 2006, $412,157,000, including--
(A) $228,289,000 for Research, Engineering,
and Development, of which--
(i) $66,447,000 shall be for
Improving Aviation Safety;
(ii) $24,534,000 shall be for Weather
Safety Research;
(iii) $50,000,000 shall be made
available to the Next Generation Air
Traffic Management Research and
Development Joint Program Office
established under section 3 of the
Federal Aviation Administration
Research and Development
Reauthorization Act for the Next
Generation Air Traffic Management
Research and Development program under
such section 3;
(iv) $28,114,000 shall be for Human
Factors and Aeromedical Research;
(v) $30,223,000 shall be for
Environmental Research and Development,
of which $20,000,000 shall be for
research activities related to reducing
community exposure to civilian aircraft
noise or emissions;
(vi) $7,156,000 shall be for Research
Mission Support;
(vii) $20,000,000 shall be for the
Airport Cooperation Research Program;
and
(viii) $1,815,000 shall be for
carrying out subsection (h) of this
section;
(B) $166,100,000 for Facilities and
Equipment, of which--
(i) $42,200,000 shall be for Advanced
Technology Development and Prototyping;
(ii) $23,900,000 shall be for Safe
Flight 21; and
(iii) $100,000,000 shall be for the
Center for Advanced Aviation System
Development; and
(C) $17,768,000 for Airport Improvement
Program Research and Development, of which--
(i) $9,862,000 shall be for Airports
Technology-Safety; and
(ii) $7,906,000 shall be for Airports
Technology-Efficiency.
* * * * * * *
(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 Department of Transportation's annual budget request
for the Federal Aviation Administration shall identify 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. Each activity in the categories of basic
research, applied research, and development shall be identified
regardless of the budget category in which it appears in the
budget request.
(h) Research Grants Program Involving Undergraduate
Students.--
(1) Establishment.--The Administrator of the Federal
Aviation Administration shall establish a program to
utilize undergraduate and technical colleges, including
Historically Black Colleges and Universities and
Hispanic Serving Institutions, in research on subjects
of relevance to the Federal Aviation Administration.
Grants may be awarded under this subsection for--
(A) * * *
(B) research projects that combine research
at primarily undergraduate institutions and
technical colleges with other research
supported by the Federal Aviation
Administration; [or]
(C) research on future training requirements
on projected changes in regulatory requirements
for aircraft maintenance and power plant
licensees[.]; or
(D) research on the impact of new
technologies and procedures, particularly those
related to aircraft flight deck and air traffic
management functions, on training requirements
for pilots and air traffic controllers.
* * * * * * *
XIX. Committee Recommendations
On July 22, 2003, a quorum being present, the Committee on
Science favorably reported H.R. 2734, The Federal Aviation
Administration Research and Development Reauthorization Act by
a voice vote, and recommended its enactment.
XX. PROCEEDINGS OF THE MARKUP BY THE SUBCOMMITTEE ON SPACE AND
AERONAUTICS ON H.R. 2734, FEDERAL AVIATION ADMINISTRATION RESEARCH AND
DEVELOPMENT REAUTHORIZATION ACT
----------
THURSDAY, JUNE 26, 2003
House of Representatives,
Subcommittee on Space and Aeronautics,
Committee on Science,
Washington, DC.
The Subcommittee met, pursuant to call, at 10:05 a.m., in
Room 2318 of the Rayburn House Office Building, Hon. Dana
Rohrabacher [Chairman of the Subcommittee] presiding.
Chairman Rohrabacher. I now call the Subcommittee on Space
and Aeronautics to order. Good morning. And pursuant to notice
to the Subcommittee on Space and Aeronautics is that we are
meeting today to consider the following measures: H.R. 1085,
the NASA Flexibility Act of 2003, and then the Committee Print
for the Federal Aviation Administration Research and
Development Reauthorization Act.
And I welcome everyone to this markup this morning. And
this is the first markup of this subcommittee for the 108th
Congress. Let me also be the first to thank Chairman Boehlert
for his leadership. Is he here with us yet? He will be.
Chairman Boehlert is on his way, and we appreciate his
leadership for tackling a difficult, yet crucial, issue and
that is NASA's workforce needs.
Today's markup concerns H.R. 1085, the NASA Flexibility Act
of 2003. NASA is facing a crisis regarding its workforce. A
significant portion of the workforce will be eligible to retire
soon, so action needs to be taken. H.R. 1085 is intended to
provide NASA the flexibility necessary to attract the best of
the brightest talent in the fields of engineering and science
by helping NASA address the problems of recruiting and
retaining highly skilled technical personnel. H.R. 1085
provides NASA with the authority needed to ensure that our
skilled workforce continues to be our greatest asset for
pushing the boundaries of this great new frontier of space.
We will also markup the Federal Aviation Administration
Research and Development Reauthorization Act. This bill
authorizes funding for civil aviation research and development.
It also calls for a joint FAA and NASA initiative aimed at
resolving the problems facing our national air traffic
management system.
This morning, I look forward to working with my colleagues
on both sides of the aisle, and I am confident that our efforts
will help maintain America's leadership role in aerospace.
I also would like to thank Bart Gordon, the Ranking Member
of the Subcommittee, for his hard work on this and his openness
and willingness to work in a very bipartisan manner on this
bill. And I know there were some rough edges we had to work
out, and I appreciate that he did this with good will and went
forward in trying to make sure that we could get this job done.
And I certainly now would recognize you for any opening remarks
that you would like to make.
[The prepared statement of Chairman Rohrabacher follows:]
Prepared Statement of Chairman Dana Rohrabacher
I want to welcome everyone here this morning for the Space
Subcommittee's first markup of the 108th Congress. Let me also be the
first to thank Chairman Boehlert for his leadership in tackling a
difficult, and yet, crucial issue--NASA's workforce needs.
Today's markup concerns H.R. 1085, the NASA Flexibility Act of
2003. NASA is facing a crisis regarding its workforce. A significant
portion of the workforce will be eligible to retire soon. So action
needs to be taken. H.R. 1085 is intended to provide NASA the
flexibility necessary to attract the best and brightest talent in the
fields of engineering and science.
By helping NASA address the problem of recruiting and retaining
highly skilled technical personnel, H.R. 1085 provides NASA with the
authority needed to ensure that a skilled workforce continues to be our
greatest asset for pushing the boundaries of new frontiers.
We will also markup the Federal Aviation Administration
Reauthorization Act. This bill authorizes funding for civil aviation
research and development. It also calls for a joint FAA and NASA
initiative aimed at solving the problems facing our national air
traffic management system.
This morning I look forward to working with my colleagues on both
sides of the aisle. I am confident that our efforts today will help to
maintain our leadership role in aerospace.
Chairman Rohrabacher. We now turn our attention to the
markup of the Committee Print of the Federal Aviation
Administration Research and Development Reauthorization. And
the--you don't think so? Okay. Oh, I thought it was going to be
quick. Okay. Five minutes. This committee is in recess until
five minutes after the last vote that we are going to on the
Floor.
[Recess.]
Chairman Rohrabacher. This hearing will now come back to
order. And we will now turn our attention to the markup of the
Committee Print of the Federal Aviation Administration Research
and Development Authorization Act. The FAA and NASA and
industry have all worked together to develop air traffic
control hardware and systems needed to meet near- and long-term
challenges to America's airspace system. The bill, this bill,
will help in this regard by calling for the establishment of a
join program office between the FAA and NASA to conduct long-
term air traffic management research and development. This bill
also bolsters ongoing efforts to shore up deficiencies in civil
aviation research and development as well by making research
and development in the civil aviation area a higher priority.
I now will recognize Mr. Gordon, Ranking Minority Member of
the Subcommittee, to present his opening remarks.
Mr. Gordon. Thank you, Mr. Chairman. I am very pleased to
express my support for the FAA legislation that we are marking
up today. We have had some amendments that we will be offering
to perfect the bill, but in general, I think it is a very good
piece of legislation. Chairman Rohrabacher has been--has
already summarized the provisions of the bill, so I will
confine my remarks to a few observations.
First, I am pleased that Chairman Rohrabacher has taken a
bipartisan approach to the crafting of this legislation. I am
particularly heartened by the fact that it tracks in large part
the FAA Title of Mr. Larson's ``Aeronautics Research and
Development Revitalization Act.'' That bill was introduced in
the last Congress and gained broad bipartisan sponsorship. It
was reintroduced earlier this year as H.R. 586 and is again
attracting bipartisan co-sponsorship. It is a good bill, and I
am glad to see that much of the FAA Title has found its way
into the legislation before us today. When we consider a NASA
Authorization bill, I hope that the Committee will give equally
serious consideration to the NASA aeronautics R&D provisions
contained in Mr. Larson's bill.
I am also pleased that Chairman Rohrabacher has
incorporated Ms. Johnson's ``Airport Cooperative Research
Program'' provisions to the bill. It is a constructive
provision that, if enacted, will do much to bring innovative
solutions to the challenges confronting our nation's airport
operating authorities.
The bill also focuses on R&D challenges facing our nation's
air traffic management system. It proposes a coordinated effort
to address the development of the next generation air traffic
management system and delineates some clear objectives. It is
an approach worth supporting.
More broadly, the bill recognizes the importance of
considering aviation-related R&D on a unified basis. Research
priorities and plans should not be captive to budget
categories. Instead, they need to be examined within the
context of overall FAA R&D efforts.
Mr. Chairman, we will have several amendments to the bill,
and I believe they will prove non-controversial and acceptable
to the Members. They will improve what is already a good bill,
and I intend to support this legislation, and I hope that it
will be speedily enacted into law.
And thank you. I yield back the balance of my time.
[The prepared statement of Mr. Gordon follows:]
Prepared Statement of Representative Bart Gordon
I want to express my support for the FAA legislation that we are
marking up today. We will have some amendments that we will offer to
perfect the bill, but in general I think that it is a good piece of
legislation. Chairman Rohrabacher has already summarized the provisions
of the bill, so I will confine my remarks to a few observations.
First, I am pleased that Chairman Rohrabacher has taken a
bipartisan approach to the crafting of this legislation. I am
particularly heartened by the fact that it tracks in large part the FAA
Title of Mr. Larson's ``Aeronautics Research and Development
Revitalization Act.'' That bill was introduced in the last Congress and
gained broad bipartisan sponsorship. It was reintroduced earlier this
year as H.R. 586 and is again attracting bipartisan co-sponsors. It is
a good bill, and I am glad to see that much of the FAA Title has found
its way into the legislation before us today. When we consider a NASA
Authorization bill, I hope that the Committee will give equally serious
consideration to the NASA aeronautics R&D provisions contained in Mr.
Larson's bill.
I also am pleased that Chairman Rohrabacher has incorporated Ms.
Johnson's Airport Cooperative Research Program provision into the bill.
It is a constructive provision that, if enacted, will do much to bring
innovative solutions to the challenges confronting our nation's airport
operating authorities.
The bill also focuses on the R&D challenges facing our nation's air
traffic management system. It proposes a coordinated effort to address
the development of the next generation air traffic management system
and delineates some clear objectives. It is an approach worth
supporting.
More broadly, the bill recognizes the importance of considering
aviation-related R&D on a unified basis. Research priorities and plans
should not be captive to budget categories--instead they need to be
examined within the context of the overall FAA R&D effort.
Mr. Chairman, we will have several amendments to the bill that I
believe will prove non-controversial and acceptable to the Members.
They will improve what is already a good bill. I intend to support this
legislation and hope that it will be speedily enacted into law.
Thank you, and I yield back the balance of my time.
Chairman Rohrabacher. Thank you very much.
The Chairman notes that when we talk about research and
development and how it is going to play an important role in
shaping America's transportation system, we often think of it
more in terms of research and development of aircraft, and this
is going to make America more competitive, etcetera. But the
Chair believes, and I certainly agree with Mr. Gordon, that the
air traffic control system and focusing on the way air traffic
is managed and the technology necessary to develop, perhaps, a
revolutionary new concept of air traffic control in this
country could well be more important than developing the
airplanes themselves. And we can make the aviation industry
here much more efficient and much more effective.
Our airlines are not making a profit right now. One of the
problems is the high cost of fuel, but perhaps the way we have
organized the system and the technology on which that
organization is based can actually play a major role in making
our airlines profitable again. So that is why this is very
important, and again demonstrating the bipartisan nature of the
Subcommittee and the Committee that we all have those goals in
mind.
Without objection, all Members may place an opening
statement on the Committee Print of the Federal Aviation
Administration Research and Development Reauthorization Act in
the record at this point.
[The prepared statement of Ms. Johnson follows:]
Prepared Statement of Representative Eddie Bernice Johnson
Thank you Mr. Chairman and Ranking Member Gordon. I am pleased that
the Majority has decided to include language that I provided to create
an Airport Cooperative Research Program in this legislation.
This research program will identify and sponsor research on
problems that are shared by airport operating agencies and can be
solved through applied research but that are not being adequately
addressed by existing federal research programs.
As a Member of both this committee and the Transportation and
Infrastructure Committee, I believe an Airport Cooperative Research
Program is necessary in order to coordinate the efforts of thousands
off public and private airport operators, regulators, suppliers, and
users at all levels of government and industry so that the aviation
industry can provide a consumer friendly product that is safe, secure,
and environmentally sound.
Thank you again Mr. Chairman for including this research program--I
appreciate the Committee's support in establishing this critical step
towards coordination and cooperation in aviation research.
[The prepared statement of Mr. Larson follows:]
Prepared Statement of Representative John Larson
Thank you, Mr. Chairman. First I want to thank for marking-up this
important legislation.
For the past two Congresses, along with my Science Committee
colleague, Mr. Forbes, I have introduced bipartisan legislation to
address the crisis affecting the aeronautics industry in this country.
A broad range of non-partisan organizations that understand that this
country is facing a crisis in our aviation industry has supported that
bill, the Aeronautics Research and Development Revitalization act. We
have all heard the figures. From reduced lost market share to greatly
decreased R&D expenditures, the U.S. is lagging behind international
competitors in manufacturing and innovation of commercial airplanes--
and our economic and national security are, will continue to, suffer
from it.
The legislation I introduced would have established a comprehensive
aeronautics R&D endeavor that would have cut across agency divisions
between NASA and FAA and would have put forth a goal-oriented effort to
take commercial aviation in this country to new heights.
I am pleased that the legislation before us today closely mirrors
the FAA portion of my bill and I am fully supportive of it. I am
worried, however, that the authorization figures in the bill before us
today may be a bit low, considering what is needed to reverse the
decline in our aviation industry and to effectively compete with our
global competitors. I hope we can work on this before Full Committee
markup. But for now, I am pleased that my efforts for the past two
years have borne fruit and that people have been listening.
I urge my colleagues to support the bill.
Thank you Mr. Chairman.
Chairman Rohrabacher. Okay. The bill is now open for
discussion. And I ask unanimous consent that the bill--should
we have the first reading of the bill? Okay. So I ask unanimous
consent that the bill is considered as read and open to
amendment at any point and that Members may proceed with
amendments in order of the roster. And without any objections,
so ordered.
[Note: The Committee Print, Section-By-Section Analysis,
and Summary are located in the Appendix.]
Chairman Rohrabacher. So the bill is now open for
amendment. And the first amendment will be an amendment by Mr.
Gordon. Mr. Gordon, you are recognized.
Mr. Gordon. Okay. I have an amendment at the desk.
Chairman Rohrabacher. The Clerk will read the--report the
amendment.
The Clerk. Amendment to the Committee Print, offered by Mr.
Gordon, page 2, line 13, strike ``$349,817,000'' and insert----
Mr. Gordon. I ask unanimous consent that the reading of the
amendment be dispensed with.
Chairman Rohrabacher. So ordered without objection. The
gentleman is recognized for five minutes to offer his
amendment.
Mr. Gordon. Mr. Chairman, I believe that the amendment I am
offering is straightforward. The 1998 FAA R&D Authorization
bill created the Research Grants Program involving
undergraduate students and directed the FAA Administrator to
establish a program that would involve undergraduate and
technical colleges, including historically black colleges and
universities, and Hispanic-serving institutions, in research on
subjects relevant to the needs of the FAA. My amendment would
update the statute to highlight the importance of research on
the impact of new technologies and procedures on the training
requirements for pilots and air traffic controllers.
There continue to be dramatic changes in both cockpit
technologies and in air traffic management technologies. These
technologies will put unique demands on future training
requirements. Research in this area would be of enormous value,
and I think we should encourage it. In addition, my amendment
would extend the funding of the undergraduate research program
for another three years. Although the amounts requested are
modest, the benefits of the program will be significant.
I hope the Members will support this amendment, and I yield
back the balance of my time.
[Note: The amendment is located in the Appendix.]
Chairman Rohrabacher. Thank you very much.
The Chairman would like to note that he will support the
amendment, gladly. And is there any further discussion on this
amendment? Hearing none, all in favor of this amendment, say
aye. All opposed, say no. The ayes seem to have it, and it is
agreed to.
We have a second amendment. It is an amendment by Mr.
Weiner from New York. Are you ready to proceed with your
amendment? You have an amendment at the desk, and the Clerk
will report the amendment.
The Clerk. [No response.]
Chairman Rohrabacher. You are--that is--hearing no
objection, you may proceed with your statement.
Mr. Weiner. [No response.]
Chairman Rohrabacher. I would ask Mr. Weiner if he could
turn on the microphone that we could all hear you better.
Mr. Weiner. Let me be--let me start again. No, I am just
kidding.
The problem became once we had phased in stage three
aircraft there was no longer any benchmark for aircraft
manufacturers and airlines to meet. So-called stage four hadn't
been created. That changed this year in the reauthorization
bill that we just did in the Transportation Committee. We have
essentially said that now we have to start hitting even quieter
benchmarks for the next generation of aircraft.
As with so many areas of research, research into quieter
aircraft engines has always been started on the federal level.
We heard testimony in the Transportation Committee and in this
committee saying that essentially the money that we provide for
research, whether it be via NASA or the Federal Aviation
Administration, provides the benchmark for technology that is
eventually used in commercial aircraft.
The problem that I found is that the money that we added
for this new program to do more research was taken from the
FAA's noise abatement program. That noise abatement program
benefits all of our Districts. And it is a program that does
things like makes--replaces windows in schools, that does noise
monitoring around airports all around the country. And what my
amendment would do is say, ``Let us create this environmental
research and development account, but let us not cannibalize
the noise abatement program.'' So my amendment would take that
$20 million that was identified in the Committee Print and
simply move it to create, essentially, a $20 million increase
in the environmental research and development account and
restore the noise abatement program, creating, essentially, the
same effect but would not take the funds any longer, if my
amendment were passed, from the noise abatement program.
I would hope that the Chairman and my colleagues would
support it. I think it gets us where we need to go without
reducing a program that I think benefits all of our Districts
already.
And I yield back the balance of my time.
[Note: The amendment is located in the Appendix.]
Chairman Rohrabacher. The Chair would like to announce that
he will favor the amendment and commends Mr. Weiner, because
let me just recognize that I remember one of your first
speeches on--in this committee dealt with aircraft noise. And
you really focused on that and made that a really important
part of your agenda. So the Chairman gladly accepts this
amendment and supports it. Does anyone else have any
discussion?
Mr. Gordon.
Mr. Gordon. I have, but I better not. I don't want to mess
it up, so let me just quickly say I concur with this common
sense amendment.
Chairman Rohrabacher. Okay. With that said, if there is no
other discussion, all those in favor of this amendment, say
aye. All opposed, say no. Well, the ayes appear to have it. The
amendment is agreed to.
We have another amendment. Ms. Jackson Lee is not here for
her amendment yet, but we do have an amendment by myself, on
behalf of Mr. Boehlert. The next amendment on the roster is
amendment number three, offered, as I say, by myself, on behalf
of Mr. Boehlert. And I have an amendment at the desk. Will the
Clerk please report the amendment?
The Clerk. The amendment to the Committee Print, offered by
Mr. Boehlert, page 14, line 11, insert ``to provide staff
support to the governing board established under paragraph (2)
and'' after ``National Academy of Sciences''.
Chairman Rohrabacher. I ask unanimous consent to dispense
with any further reading of the amendment. So ordered.
And I now recognize myself to discuss the amendment. In
brief, the amendment specifies that the National Academy of
Sciences shall provide staff support for the cooperative
research program governing board. So it is as simple as that.
And this is a very simple amendment, and it clarifies how the
airport cooperative research program will work. This program is
based on existing highway and transit research programs. The
amendment simply makes clearer that the National Academy of
Sciences will provide staff support for the governing board
that will guide the program as well as manage the actual
research projects that the Secretary selects.
I believe that this is a non-controversial amendment, and I
would urge its adoption.
[Note: The amendment is located in the Appendix.]
Chairman Rohrabacher. So with that said, is there any
further discussion? If not, all in favor of this amendment, say
aye. All opposed say nay. The ayes seem to have it. The
amendment is agreed to.
We have one further amendment, if Ms. Jackson Lee is here,
or is there someone who would like to--all right. Ms. Jackson
Lee will be free to submit her amendment at Full Committee.
And with that said, I think that we now will move on to the
adoption of the bill. Are there any further amendments? Hearing
none, the question is on the bill. The Committee Print of the
Federal Aviation Administration Research and Development
Reauthorization Act, as amended. All those in favor will say
aye. All those opposed, say no. It appears that the ayes have
it.
I now recognize Mr. Gordon to offer a motion.
Mr. Gordon. Mr. Chairman, I move the Subcommittee to
favorably report the bill, the Federal Aviation Administration
Research and Development Reauthorization Act, as amended, to
the Full Committee. Furthermore, I ask unanimous consent that
the Staff be instructed to make all necessary technical and
conforming changes to the bill, as amended, in accordance with
the recommendations of the Subcommittee.
Chairman Rohrabacher. The Chair notes the presence of a
reporting quorum. The question is on the motion to report the
bill favorably. Those in favor of the motion will signify by
saying aye. All opposed, no. The ayes appear to have it. The
bill is favorably reported.
Mr. Larson. Mr. Chairman.
Chairman Rohrabacher. Yes.
Mr. Larson. Mr. Chairman, I would----
Chairman Rohrabacher. Well, wait a minute. Without
objection, the motion will be--to reconsider is laid upon the
table. Yes.
Mr. Larson. Thank you, Mr. Chairman.
Mr. Chairman, I just wanted to thank you personally and the
Staff and Mr. Gordon for their help and assistance and my
colleague, Mr. Forbes from Virginia, for working on a matter
that is of crucial importance to the aeronautical industry and
commend you for your continued support and efforts in this
area. I am concerned that the monies are a bit low and hope
that we can continue to work on that as the bill moves forward
to the Floor.
Chairman Rohrabacher. Thank you very much.
And this concludes our Committee markup. And without any
objection, we will declare this committee adjourned. So I do
declare this committee meeting adjourned.
[Whereupon, at 11:25 a.m., the Subcommittee was adjourned.]
Appendix
----------
Roster, Amendments, Committee Print, Section-By-Section Analysis,
Summary of Committee Print
Section-By-Section Analysis of
H.R. 2734, Federal Aviation Administration R&D Reauthorization Act
Sec. 1. Short Title
``Federal Aviation Administration Research and Development
Reauthorization Act.''
Sec. 2. Authorization of Appropriations
Authorizes appropriations for Federal Aviation Administration (FAA)
Research and Development programs, projects and activities.
Sec. 3. Next Generation Air Traffic Management Research and Development
Joint Program Office
Requires FAA and the National Aeronautics and Space Administration
(NASA) to establish a Joint Program Office (JPO) to conduct Next
Generation Air Traffic Management research and development. Requires
the FAA and NASA Administrators to jointly appoint an FAA senior
executive to be Director, and a NASA senior executive to be Deputy
Director.
Requires the JPO to establish and carry out, on behalf of FAA and
NASA, long-term air traffic management R&D capable of tripling our
domestic capacity by 2025. The JPO is authorized to spend agency funds
dedicated to air traffic management R&D on behalf of NASA and FAA.
Authorizes the JPO to use the facilities and expertise of other Federal
agencies, national laboratories, universities, non-profit
organizations, and private sector entities.
Requires the JPO to develop a research and development plan with
cost and schedule milestones. Requires the JPO to make an annual report
to Congress on progress to date, and program plans for the following
year.
Authorizes a total of $95 million over five years.
Sec. 4. Budget Designation for Research and Development Activities
Amends 49 USC 48102 (FAA Research and Development), to require
future FAA budgets to identify all research and development activities
that would be classified as basic research, applied research, or
development under the guidelines established by the Office of
Management and Budget Circular A-11, regardless of the budget category
in which it appears in the budget request.
Sec. 5. Airport Cooperative Research Program
Requires the Secretary of Transportation to establish an airport
cooperative research grant program to identify problems--shared by
airport operating agencies--that can be solved through applied
research, and to fund research addressing those problems.
Requires the Secretary to appoint a governing board from candidates
proposed by national associations representing airport executives,
public airport operating agencies, State aviation officials, and the
scheduled airlines. The board will solicit, review and propose airport
R&D projects. The Secretary will review and approve projects for
funding.
Authorizes $20 million annually from the Research, Engineering and
Development account.
Sec. 6. Development of Analytical Tools and Certification Methods
Directs FAA to conduct research to promote development of
analytical tools to improve existing certification methods for new
aircraft, engines, and aircraft systems, to reduce overall
certification costs for new products.
Sec. 7. Research Program to Reduce Community Exposure to Aircraft Noise
and Emissions
Establishes a program to fund research and development of noise and
emissions reduction technologies. Authorizes up to $20 million annually
using noise mitigation funds from the Airport Improvement Program.
Summary of Committee Print
The Federal Aviation Administration Research and Development
Reauthorization Act
LReauthorizes the FAA's Research and Development
program for FY04, FY05, and FY06.
LEstablishes an FAA-NASA Next Generation Air Traffic
Management Joint Program Office. Requires a research and
development plan that will enable development of an air traffic
management system capable of tripling capacity by the year
2025. Authorizes $95 million (aggregate) over the life of the
bill.
LAmends Section 48102 of Title 49, United States Code,
to clarify that amounts appropriated under this subsection
support all research and development activities carried out by
FAA.
LEstablishes an Airport Cooperative Research Program.
Authorizes $20 million annually.
LRequires FAA to conduct research on development of
analytical tools to help reduce the cost of certifying new
aircraft, aircraft engines, and related systems.
LEstablishes a research program to reduce community
exposure to aircraft noise and emissions. Authorizes $20
million annually.
XXI. PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 2734, FEDERAL
AVIATION ADMINISTRATION RESEARCH AND DEVELOPMENT REAUTHORIZATION ACT
----------
TUESDAY, JULY 22, 2003
House of Representatives,
Committee on Science,
Washington, DC.
The Committee met, pursuant to other business, in Room 2318
of the Rayburn House Office Building, Hon. Sherwood D. Boehlert
[Chairman of the Committee] presiding.
Mr. Forbes. [Presiding] We will now consider the bill H.R.
2734, the Federal Aviation Administration Research and
Development Reauthorization Act, as amended.
[The prepared statement of Chairman Rohrabacher follows:]
Prepared Statement of Chairman Dana Rohrabacher
I am pleased that the House Science Committee is considering H.R.
2734 today because of its support for a vital governmental agency--the
Federal Aviation Administration. H.R. 2734, through its authorization
of appropriations for civil aviation research and development projects,
will assist the agency in accomplishing its mission to ensure safe air
travel within the United States. This bill emphasizes (a) aviation
safety by authorizing funds to improve aviation safety and weather
safety research, and (b) the development of next-generation technology
through the development of more modern air traffic management equipment
and noise emission reduction concepts.
I urge my colleagues to support this important piece of
legislation.
I yield back the balance of my time.
Mr. Forbes. I would like to first make some opening remarks
as to this bill. The Federal Aviation Administration plays a
unique and critical role in our economy. The FAA provides air
traffic control services 24 hours a day, 365 days a year and
ensures that the aircraft we fly are safe. We have all heard
the expression that an ounce of prevention is worth a pound of
cure. In essence, that is why the Government spends money on
R&D. Every dollar we spend a day on curing diseases or
protecting our homeland is money saved down the road in health
care costs and more importantly, save lives.
Without FAA, commercial air transportation, a huge source
of high paying, high quality jobs, could not operate. To carry
out its mission, FAA must build, maintain and operate a complex
system of communications, navigation and surveillance systems
to monitor and separate aircraft. It must also stay current on
new designs and technologies that are constantly emerging from
aerospace industry manufacturers and suppliers.
I am troubled that FAA's research and development budget is
relatively modest compared to the Agency's overall spending
profile. FAA must perform research and development to increase
the capacity of our air traffic management system at a rate
equal to projected growth, otherwise our national air
transportation system will suffer and so will our economy.
FAA's research and development program must also keep pace
with the introduction of new products, designs and technologies
that manufacturers are bringing to market and certify their
safety and performance. I believe the FAA must be provided with
a much more robust research and development program.
H.R. 2734 is a start. This bill provides the Agency with
increased authorization levels for FAA's research and
development program. It establishes a joint program office to
manage research and development for the next generation air
traffic management system. It continues important research
programs to address aging aircraft, fire safety and air traffic
control technology, and it authorizes new spending for aircraft
noise and emissions reductions research. I now recognize Mr.
Hall for five minutes.
[The prepared statement of Mr. Forbes follows:]
Prepared Statement of Representative J. Randy Forbes
Mr. Chairman, the Federal Aviation Administration plays a unique
and critical role in our economy. The FAA provides air traffic control
services 24 hours a day, 365 days a year, and ensures that the aircraft
we fly in are safe. Without FAA, commercial air transportation--a huge
source of high-paying, high quality jobs--could not operate.
To carry out its mission, FAA must build, maintain, and operate a
complex system of communications, navigation and surveillance systems
to monitor and separate aircraft. It must also stay current on new
designs and technologies that are constantly emerging from aerospace
industry manufacturers and suppliers.
I am troubled that FAA's research and development budget is
relatively modest compared to the agency's overall spending profile.
FAA must perform research and development to increase the capacity of
our air traffic management system at a rate equal to projected growth,
otherwise our national air transportation system will suffer, and so
will our economy. FAA's research and development program must also keep
pace with the introduction of new products, designs, and technologies
that manufacturers are bringing to market, and certify their safety and
performance.
I believe FAA must be provided with a much more robust research and
development program. H.R. 2734 is a start. This bill provides the
agency with increased authorization levels for FAA's research and
development program, it establishes a Joint Program Office to manage
research and development for the next generation air traffic management
system, it continues important research programs to address aging
aircraft, fire safety, and air traffic control technology, and it
authorizes new spending for aircraft noise and emissions reduction
research.
I urge all Members to support this worthwhile legislation. Thank
you.
Mr. Hall. Mr. Chairman, I won't use the five minutes. I am
pleased to support this bill, the FAA Research and Development
Reauthorization Act. It is a good bill. It reflects the
Committee's long-held interest in ensuring that the Nation's
aviation system is safe and efficient. Now, we have several
members, I think two from this side of the aisle, who intend to
offer some very constructive amendments to the bill, and I hope
the Chairman will give these amendments careful consideration.
With that, I yield back my time.
[The prepared statement of Mr. Hall follows:]
Prepared Statement of Representative Ralph M. Hall
Mr. Chairman, I am pleased to support H.R. 2734, the FAA Research
And Development Reauthorization Act. It is a good bill, and it reflects
this Committee's long-held interest in ensuring that the Nation's
aviation system is safe and efficient. It also is a bill that
incorporates good ideas from both sides of the aisle.
The specific features of the bill have already been described, so I
will be brief in my comments. I would just note that the bill takes an
important step in pulling together the resources of the government to
meet the challenge of designing the next generation air traffic
management system. Our air traffic management system is critical to the
continued viability of our aviation sector, and R&D has an important
role to play in ensuring that it keeps up with the future demands on
it.
I would also note that the bill takes a unified approach to the
FAA's R&D activities. Such an approach is necessary if we are to make
sure that resources are wisely applied and critical research issues are
addressed.
Mr. Chairman, a number of Members from this side of the aisle
intend to offer some constructive amendments to the bill, and I hope
that the Chairman will give those amendments careful consideration.
In closing, I would once again say that I think this is a good
bill, and I hope that the Committee will report it out favorably.
Thank you, and I yield back the balance of my time.
Mr. Forbes. Thank you. Without objection, all Members may
place opening statements in the record at this point in time.
[The prepared statement of Mr. Costello follows:]
Prepared Statement of Representative Jerry F. Costello
Good morning. Today, the House Science Committee is considering six
bills for markup. Most are non-controversial and receive wide
bipartisan support.
However, I have strong reservations regarding H.R. 1085, the NASA
Flexibility Act of 2003. I believe we must wait for recommendations and
guidance from the Gehman Commission that will address management
issues. If we are going to address the problems concerning NASA, we
need to take into account the goals and vision of NASA and manned space
flight. I understand that NASA needs to do more to attract and retain
the best possible workforce; however, I believe we can assist NASA by
waiting to hear what recommendations the Gehman Commission makes so we
can address all the management problems affecting NASA and its
workforce. I believe we must also continue to review NASA's existing
workforce authority and why it is underutilized.
Mr. Chairman, instead of rushing to complete this significant
legislation, I believe we must take a step back and review all our
options before moving forward on legislation that does not address the
problem.
Aside from H.R. 1085, I believe the other pieces of legislation
have been considered in a bipartisan fashion and expand programs in
numerous agencies. For example, H.R. 2692, the United States Fire
Administration (USFA) Authorization Act of 2003, authorizes funding for
USFA activities, such as training, fire research and public education
over the next three years. Over the last three decades, America's fire
safety record has significantly improved. However, there are still
opportunities for further improvements in our fire safety record, such
as encouraging. the use of sprinkler systems in homes. H.R. 2692 will
lead us in the right direction. As a member of the Congressional Fire
Services Caucus, I am proud to support this legislation.
Further, I am glad the House Science Committee is moving forward on
the FAA Research and Development Reauthorization Act of 2003. As a
conferee to the FAA bill for the Science Committee, I look forward to
working with my colleagues to enhance the research and development
programs as laid out in the legislation before this committee.
Mr. Chairman, I want to thank the Committee for all their hard work
on these important issues and look forward to today's proceedings.
Mr. Forbes. I ask unanimous consent that the bill is
considered as read and opened to amendment at any point, and
that the Members proceed with the amendments in the order of
the roster. Without objection, so ordered. The first amendment
on the roster is Amendment #1, offered by Mr. Matheson from
Utah. Are you ready to proceed?
Mr. Matheson. Thank you, Mr. Chairman. I have an amendment
at the desk.
Mr. Forbes. The Clerk will report the amendment.
Ms. Tessieri. Amendment to H.R. 2734 offered by Mr.
Matheson.
[Amendment to H.R. 2734 offered by Jim Matheson appears in
the Appendix.]
Mr. Forbes. I ask unanimous consent to dispense with the
reading. Without objection, so ordered. Mr. Matheson is
recognized for five minutes to offer his amendment.
Mr. Matheson. Well, thank you, Mr. Chairman. I want to
commend the Chair and Ranking Member Hall for their important
work on this measure and I will make a very brief statement. My
amendment to this bill is quite simple. It asks the FAA to
prioritize noise pollution when redesigning commercial
airspace.
Though safety is always an important consideration in
airspace design, I believe that consideration of noise
pollution is also essential in order to provide the public with
the best possible flight paths. This is an issue that is
ongoing right now in my own Congressional district. I think it
is important it be part of the R&D bill, and I hope my
colleagues will join me in supporting this amendment. I yield
back to----
Ms. Lofgren. Would the gentleman yield? I would just like
to say, so I don't have to get my own time, how grateful I am
to your--to you for offering this amendment. Obviously, safety
has to be the first level of decision-making. No one would
dispute that, but I am so eager for the FAA to take more
account of noise.
Recently, the airspace into San Francisco International
Airport was redone and they completely ignored the impact of
air traffic over the larger city, the city of San Jose, which
my constituents were a little grumpy about, and--including
myself, I might add, so I am hopeful that we can come together,
understanding that this will never trump safety, but I sure
would like to have them take a look at noise, and thank you for
yielding and thank you for the amendment.
Mr. Matheson. And I will just say this is a common
discussion that I have had with a lot of folks. I think it is
important this issue be considered, and with that, Mr.
Chairman, now, I will yield back.
Ms. Woolsey. And Mr. Chairman.
Mr. Forbes. Thank you for----
Ms. Woolsey. I would like to speak in favor of Mr.
Matheson's amendment. My constituents in Marin County,
California, just across the Golden Gate Bridge are talking to
my office daily about the changes in the air patterns and noise
and what is going on, and we, too, know that safety is it, and
I know that probably a great majority of the travelers are from
my district, but they still want to make sure that low-flying
planes and convenience doesn't trump noise. Safety, yes, but
not convenience, and I totally support Mr. Matheson's
amendment.
Mr. Forbes. The Chair certainly recognizes all these good
comments and hopes that bill--the amendment will be accepted.
Is there further discussion? If no, the vote occurs on the
amendment. All in favor say aye. Those opposed, say no. The
ayes have it and the amendment is agreed to. The next amendment
on the roster is Amendment #2, offered by the distinguished
gentleman from Pennsylvania, Mr. Weldon. Mr. Weldon, are you
ready to proceed with your amendment?
Mr. Weldon. I am ready. Mr. Chairman, I ask unanimous
consent that the revised amendment, just a technical change, be
distributed to members in lieu of the original one.
Mr. Forbes. The Clerk will report the amendment.
Ms. Tessieri. Amendment to H.R. 2734----
Mr. Forbes. I ask unanimous consent to dispense with the
reading. Without objection, that is so ordered. Mr. Weldon is
recognized for five minutes to offer his amendment.
Mr. Weldon. Mr. Chairman, this amendment is actually being
offered by myself and Mr. Larson of Connecticut. It is a
bipartisan amendment that is based on Mr. Larson's original
bill, to focus on rotocraft research. As you know, we have
conducted hearings and have unfortunately found out that, in
the case of science and research, our country has been falling
behind the rest of the world in the area of rotocraft. We tend
to focus a lot of our effort in this Committee on space and on
aviation, but we tend to forget about rotocraft, and if you are
from the states of Texas, as my good friend from--the Ranking
Member is, Bell Textron is almost totally a rotocraft company.
If you are from Pennsylvania, in Bob Brady's district, Boeing
is a rotocraft manufacturer. If you are from Connecticut, you
have a major presence of Sikorsky. Unfortunately, NASA has been
pulling out of this effort, in fact just shut down their two
big wind tunnels out at NASA Ames in California, which is
devastating.
This is an effort with the support of the FAA, who does
have a focus on rotocraft safety, to put back into place an
authorization for a new initiative. This effort, as I said, was
developed by Mr. Larson. It is an outstanding piece of
legislation that I took and incorporated into this broader
bill, to allow for increased rotocraft research. This
legislation, this amendment is supported by the American
Helicopter Association. It is supported by the three major
helicopter manufacturers, the CEO of Bell Textron, the CEO of
Boeing Helicopters and the CEO of Sikorsky. It is supported by
the major academic institutions doing rotocraft research, and
that includes Penn State, Georgia Tech and the University of
Maryland. It is supported by all of the major players in
rotocraft as a sign, as a symbol that we want this country to
get back into full competition.
Now, Mr. Chairman, this legislation is consistent with the
final report of the Commission on the Future of the United
States Aerospace Industry. In fact, I have some quotes from
that document that specifically highlight the need to address
what we are doing here.
Now, a quote from this document, in terms of discussing
rotocraft. ``Although we are ahead of other countries in
investment in military technology and capability, we are on the
edge of dropping out of the race in the civilian sector.
Starved of funds, the U.S. Government research and development
infrastructure in rotocraft is deteriorating as well. Instead
of increasing private funding for basic rotocraft R&D, U.S.
industry spending has fallen off, too. A reduction in federal
funding is matched by a corresponding decrease in industry
funding. Companies have little incentive to fund basic research
on their own, because capital markets and stockholders shy away
from these investments with their indeterminate returns.''
Yet, on the other hand, the foreign governments are
significantly increasing their investment in rotocraft
research, and that is why companies like Eurocopter, Augusta
and others are making significant headway in denying the market
to our companies.
In fact, Mr. Chairman, we used to have four major rotocraft
producers in America. We are now down to three, and if we don't
help reverse this difficult trend, you are going to see that
industrial base shrink to two. We don't want to see that
happen. This allows for a planned, coordinated effort to
increase funding in rotocraft research, and I ask my colleagues
to support this amendment.
Ms. Lofgren. Would the gentleman yield for a question? You
mentioned the closure, or proposed closure of the wind tunnels
at NASA Ames which did concern me, since we have made
substantial public sector investments to create state of the
art wind tunnels, and I was stunned when the proposal was to
close them after we spent all that money recently just to build
them. The answer we got was that they would do everything with
computer modeling and they didn't need the wind tunnels, which
I must admit, I was somewhat skeptical about, so I guess
question #1 is could we do wind--modeling rather than these
centers, and question #2, if we need the centers, can we
utilize as part of your plan, or do you envision that these
investments, that NASA Ames might be part of what you are
doing?
Mr. Weldon. Well, the gentlelady asks a very important
question. I have gone on the record publicly opposing NASA
Ames' decision to shut down the infrastructure facilities at
NASA Ames. It is a preliminary decision that will not take full
force and effect for one year. This initiative, if we put it
forward in this legislation, I think will send a signal to NASA
that they are going in the wrong direction. In talking to the
scientists and the leaders of the major helicopter
manufacturers, they say there is a role for computerized
simulation, but that does not replace the need for the kind of
capabilities at NASA Ames, which are the largest wind tunnels.
Ms. Lofgren. Right.
Mr. Weldon. Of their type in the world.
Ms. Lofgren. Yes.
Mr. Weldon. And so hopefully, this will help us turn around
that decision and the lady--gentlelady has my full support to
continue the pressure on NASA Ames to reverse that decision
over the next year. It is only a partial decision. They have
not yet----
Ms. Lofgren. Thank you for your--the answer.
Mr. Forbes. Once again, the Chair is prepared to accept
this amendment and hopes it will be adopted. Is there any
further discussion? If no, the vote occurs on the amendment.
All in favor, say aye. Those opposed, say no. The ayes have it,
and the amendment is agreed to. The next amendment on the
roster is Amendment 3, offered by Mr. Moore from Kansas. Are
you ready to proceed with your amendment?
Mr. Moore. I--are we on 2734, Mr. Chairman?
Mr. Forbes. Yes, sir. The----
Mr. Moore. Unanimous consent to withdraw the amendment I
had proposed.
Mr. Forbes. Without objection, consent is given to withdraw
the amendment. The next amendment on the roster is Amendment
#4, offered by Ms. Jackson Lee from Texas. Are you ready to
proceed with your amendment?
Ms. Jackson Lee. I am, Mr. Chairman.
Mr. Forbes. The Clerk will report the amendment.
Ms. Tessieri. Amendment to H.R. 2734 offered by Ms. Jackson
Lee of Texas.
[Amendment to H.R. 2734 offered by Sheila Jackson Lee
appears in the Appendix.]
Mr. Forbes. And I ask unanimous consent to dispense with
the reading. Without objection, it is so ordered. Ms. Jackson
Lee is recognized for five minutes----
Ms. Jackson Lee. Thank you.
Mr. Forbes. ----to offer her amendment.
Ms. Jackson Lee. Thank you very much, Mr. Chairman. Right
now, FAA rules require that U.S. commercial airline pilots
retire at the age of 60. The reasoning is that as people get
older, their mental and physical faculties decay to a level
that they pose a safety risk in flight. All of us would be
concerned if that was actually the case. However, these are the
more experienced pilots in the fleet. By FAA rules, they have a
comprehensive medical exam twice per year. They have regular
tests on the state of the art computer flight simulators to
make sure their skills are sharp, and however, regardless of
their experience level or safety record or health status, they
are forced to give up their careers at the age of 60.
My amendment is simple, because I recognize, Mr. Chairman,
that there are a wide breadth of opinions on this, and I
respect all of the opinions that have been offered, but I think
this would be very instructive, if we were to have an amendment
that asks the FAA to assess why pilots flying international can
be over 60 and those flying within the United States under FAA
rules cannot. What is the distinction? This is a very finite,
very precise study. It will provide information to us to ensure
that we give a fair hearing to everyone's point of view, and
might I say on the record, Mr. Chairman, one of the concerns of
the FAA is the time in which they take to do studies, or the
resources that might be utilized, I have made sure that this is
such a narrow area of focus that this can be done with the most
fiscally conservative resources that one might use and, I would
hope, that as we explore this question, as I understand the
Transportation Committee will be holding hearings, that none of
this will be limiting the Transportation Committee from having
a broad view of this question, so maybe we can answer it once
and for all.
If the answer proves that we should remain with the 60 cap,
60-year-old cap, all of us who are concerned about safety would
readily support this enthusiastically. If we show that there
are some other options, I think this Committee should be aware
of it. With that, I ask my colleagues to support this amendment
and I yield back.
Mr. Forbes. Is there any further discussion? If no, the
vote occurs on the amendment. All in favor say aye. Those
opposed, say no. The ayes have it and the amendment is agreed
to. Are there any further amendments? Hearing none, the
question is on the bill, H.R. 2734, the Federal Aviation
Administration Research and Development Reauthorization Act, as
amended. All those in favor will say aye. All those opposed
will say no. In the opinion of the Chair, the ayes have it. I
will now recognize Mr. Hall to offer a motion.
Mr. Hall. Mr. Chairman, I move that the Committee favorably
report H.R. 2734, as amended, to the House with the
recommendation that the bill, as amended, do pass. Furthermore,
I move that staff be instructed to prepare the legislative
report and make necessary technical and conforming changes, and
that the Chairman take all necessary steps to bring the bill
before the House for consideration.
Mr. Forbes. The question is on the motion to report the
bill favorably. Those in favor of the motion will signify by
saying aye. Opposed, no. The ayes appear to have it and the
bill is favorably reported. Without objection, the motion to
reconsider is laid upon the table. I move that members have two
subsequent calendar days in which to submit supplemental,
minority, or additional views on the measure. I move pursuant
to Clause 1 of Rule 22 of the Rules of the House of
Representatives that the Committee authorize the Chairman to
offer such motions as may be necessary in the House to go to
conference with the Senate on the bill H.R. 2734 or a similar
Senate bill. Without objection, so ordered.
[Whereupon, the Committee proceeded to other business.]
Appendix
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H.R. 2734 (as introduced), Amendment Roster, Amendments, Subcommittee
Memorandum, Committee Print, Section-By-Section Analysis