[House Report 109-98]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     109-98
======================================================================


 
RETURN OF GENERAL AVIATION TO RONALD REAGAN WASHINGTON NATIONAL AIRPORT 
                              ACT OF 2005

                                _______
                                

  May 26, 2005.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 1496]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 1496) to return general aviation to 
Ronald Reagan Washington National Airport, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.
  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 ``Return of General Aviation to Ronald 
Reagan Washington National Airport Act of 2005''.

SEC. 2. AIR CHARTER AND GENERAL AVIATION OPERATIONS AT RONALD REAGAN 
                    WASHINGTON NATIONAL AIRPORT.

  Notwithstanding any law, regulation, or agency policy or directive 
that has the effect of generally prohibiting general aviation aircraft 
from landing at Ronald Reagan Washington National Airport, not later 
than 60 days after the date of enactment of this Act, the Secretary of 
Transportation, acting through the Federal Aviation Administration, in 
consultation with the Secretary of Homeland Security, shall permit the 
resumption of nonscheduled, commercial air carrier air charter and 
general aviation operations at Ronald Reagan Washington National 
Airport. In complying with the requirements of this section, the 
Secretary of Transportation shall consult with the general aviation 
industry. Nothing in this section shall be construed to limit or 
otherwise affect section 823 of the Vision 100--Century of Aviation 
Reauthorization Act (49 U.S.C. 41718 note; 117 Stat. 2595).

                       PURPOSE OF THE LEGISLATION

    H.R. 1496 directs the Department of Transportation, through 
the Federal Aviation Administration and in consultation with 
the Department of Homeland Security, to resume general aviation 
operations at Ronald Reagan Washington National Airport.

                  BACKGROUND AND NEED FOR LEGISLATION

    In response to the terrorist attacks of September 11, 2001, 
the Federal Aviation Administration (FAA) immediately shut down 
the National Airspace System (NAS). Two days later, on 
September 13, 2001, Federal Aviation Administration (FAA), in 
cooperation with the National Security Council (NSC), began 
incrementally reopening the NAS to civilian operations, first 
on a flight-by-flight basis to commercial air carriers, and 
then to other segments of the aviation industry.
    Ronald Reagan Washington National Airport (DCA) was the 
last large commercial service airport to be reopened and, in 
fact, it remained closed to all aviation activity until October 
4, 2001, when it opened to limited commercial air carrier 
service. No general aviation traffic was allowed.
    DCA was also the last airport to fully resume scheduled 
airline flights (March 13, 2002) and still requires additional 
security measures not required elsewhere, including: the use of 
air marshals, a 30-minute in-seat requirement while arriving 
and departing at the airport, passenger manifest checks, and 
secure cockpits doors. Some types of aircraft that cannot meet 
all of these requirements are not allowed into DCA.
    General Aviation (GA) was the last segment of the aviation 
industry allowed back into the air after September 11th. 
Despite the fact that GA was neither a target nor a tool of the 
9-11 terrorists, the Federal government has imposed more 
security-related flight restrictions on GA than any other 
sector of the aviation industry. Additionally, except for 
waivers for certain VIPs, GA operations have never been allowed 
to resume at DCA.
    It is the FAA's sole responsibility and jurisdiction to 
manage the Nation's airspace and H.R. 1496 directs the FAA to 
carry out that function with regard to access to DCA and the 
airspace surrounding DCA. H.R. 1496 directs FAA action 
independent of the requirements contained in Section 823 of 
Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 
41718 note; 117 Stat. 2595).
    The Committee believes that there is a way to allow GA 
operations to resume at DCA while assuring the security of the 
Nation's Capital. The continued failure over the last three-
and-one-half years to reopen DCA to GA operators is 
unacceptable.
    The Committee also believes that reopening DCA is a first 
step to allowing GA operators' access to the National Capital 
Region. In addition to the 15-mile no fly zone surrounding 
Washington, D.C., there is an almost 40-mile Air Defense 
Identification Zone (ADIZ), which was established by the FAA in 
2003 as a temporary and specific response to a heightened 
security threat, the highest terrorist threat level since the 
attacks on September 11th. The Committee understood that when 
the threat level was reduced, the ADIZ would no longer be 
needed by the FAA. Should the threat level again be raised, 
then the ADIZ might again be an appropriate response by the 
FAA. However, the ADIZ was never intended to be permanent. The 
Committee believes that the FAA should not make the ADIZ 
permanent.
    It is the Committee's understanding that a number of 
aviation security enhancements have and will be developed by 
the DHS, the FAA and the Department of Transportation (DOT). It 
is further the Committee's understanding that the GA community 
has offered to work with the DOT and FAA to develop reasonable 
operational and safety procedures and with the DHS in 
developing reasonable security enhancements to assist in the 
protection of the National Capital Region without creating 
impediments to the region's economy and law abiding private 
pilots.

                       SUMMARY OF THE LEGISLATION

Sec. 1.--Short title

    This Act may be cited as the ``Return of General Aviation 
to Ronald Reagan Washington National Airport Act of 2005''.

Sec. 2.--Air Charter and general aviation operations at Ronald Reagan 
        Washington National Airport

    This section directs, within 60 days of enactment, the 
Department of Transportation through the Federal Aviation 
Administration and in consultation with the Department of 
Homeland Security, to resume general aviation operations at 
Ronald Reagan Washington National Airport. This section also 
requires the Department of Transportation to consult with the 
General Aviation industry.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    H.R. 1496 was introduced by Transportation and 
Infrastructure Committee Chairman Don Young, Transportation and 
Infrastructure Committee Ranking Minority Member James 
Oberstar, Aviation Subcommittee Chairman John Mica, Aviation 
Subcommittee Ranking Minority Member Jerry Costello, and 
Delegate Eleanor Holmes Norton on April 6, 2005. It was 
referred to the Committee on Transportation and Infrastructure. 
The bill was referred to the Subcommittee on Aviation and was 
discharged without amendment to the full committee. A full 
committee mark-up was held on April 27, 2005, where, after 
adopting an amendment offered by Subcommittee on Aviation 
Chairman Mica, H.R. 1496 was ordered reported, as amended, to 
the House by voice vote.

                             ROLLCALL VOTES

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each rollcall vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no rollcall votes during consideration of the bill.

                      COMMITTEE OVERSIGHT FINDINGS

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          COST OF LEGISLATION

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where 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 prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    (1) With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    (2) With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objective of this legislation are to 
improve transportation safety.
    (3) With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
1496 from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 4, 2005.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1496, the Return 
of General Aviation to Ronald Reagan Washington National 
Airport Act of 2005.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Gregory 
Waring.
            Sincerely,
                                     Elizabeth M. Robinson,
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 1496--Return of General Aviation to Ronald Reagan Washington 
        National Airport Act of 2005

    Summary: CBO estimates that implementing H.R. 1496 would 
cost $4 million in 2006 and $12 million over the 2006-2010 
period, subject to appropriation of the necessary amounts, for 
additional security-related activities to enable charter and 
general aviation flights to resume operations at Ronald Reagan 
Washington National Airport. Enacting the bill would not affect 
direct spending or revenues. H.R. 1496 would direct the 
Transportation Security Administration (TSA) and the Federal 
Aviation Administration (FAA) to permit both charter and 
general aviation operations at National Airport to resume.
    Public Law 108-176, Vision 100--Century of Aviation 
Reauthorization Act, also directed TSA and FAA to permit 
charter and general aviation flights at the airport. Since 
enactment, of that law, the Congress has not specifically 
appropriated funds for a security program at National Airport, 
and TSA and FAA have not authorized the resumption of regular 
charter and general aviation operations at the airport.
    H.R. 1496 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: As shown in the 
table below, CBO estimates that implementing H.R. 1496 would 
cost $12 million over the 2006-2010 period. The costs of this 
legislation fall within budget function 400 (transportation).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2006     2007     2008     2009     2010
----------------------------------------------------------------------------------------------------------------
                                  CCHANGES IN SPENDING SUBJECT TO APPROPRIATION

General Aviation Security Screening Program:
    Estimated Authorization Level..................................        3        2        2        2        2
    Estimated Outlays..............................................        3        2        2        2        2
Background Checks of General Aviation Pilots:
    Estimated Authorization Level..................................        1        *        *        *        *
    Estimated Outlays..............................................        1        *        *        *        *
----------------------------------------------------------------------------------------------------------------
Note.--*=less than $500,000.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
1496 will be enacted near the end of 2005 and that amounts 
necessary to implement the bill will be appropriated for each 
fiscal year.

General aviation security screening program

    To resume general aviation flights at the Ronald Reagan 
Washington National Airport, CBO expects that aircraft 
operators and passengers would have to be screened before they 
are permitted access to the airport. Therefore, inbound flights 
would first land at a gateway airport for screening by TSA 
personnel. If TSA clears those flights, the aircraft could then 
resume to National Airport. We estimate that TSA would 
designate 10 airports as screening gateways before general 
aviation passengers could proceed to National Airport. We 
assume that each gateway airport would require two full-time 
personnel and associated equipment to conduct security 
screening of general aviation passengers bound for National 
Airport. CBO estimates that the initial training of TSA 
employees, the purchase and maintenance of equipment, 
supervisory costs, and TSA screening of general aviation 
flights into National Airport would cost about $3 million in 
2006 and $11 million over the 2006-2010 period.

Background check of general aviation pilots

    CBO expects that under the bill TSA would conduct 
background checks of general aviation pilots requesting access 
to National Airport and require pilots to attend a training 
course on TSA security standards for the airport. Based on 
information from the aviation industry, TSA would likely 
perform checks on around 500 general aviation pilots seeking to 
use National Airport following enactment of the bill. After 
those initial record checks, CBO expects the number of 
additional pilots requesting access to National Airport in 
future years would be much smaller. We estimate that the 
background checks and security training of pilots requesting 
access to National Airport would cost about $1 million in 2006 
and less than $500,000 in each subsequent year.

Charter security

    Implementing H.R. 1496 would require TSA to provide 
additional passenger screening and security at National 
Airport. Based on information from TSA and industry sources, 
CBO expects that the agency would require charter operators to 
continue to comply with federal security standards based on 
each aircraft's weight. Those standards currently include 
provisions for screening of passengers and cargo by a private 
operator or contractor. Therefore, CBO expects that TSA would 
not incur significant additional administrative and regulatory 
costs to oversee private charter operations at National 
Airport.

Federal Aviation Administration costs

    Based on information from the agency, CBO expects the FAA 
would not incur any significant additional costs if the airport 
were reopened to charter and general aviation services.
    Intergovernmental and private-sector impact: H.R. 1496 
contains no intergovernmental private-sector mandates as 
defined in the UMRA and would impose no costs on state, local, 
or tribal governments.
    Estimate prepared by: Federal Costs: Gregory Waring. Impact 
on State, Local, and Tribal Governments: Marjorie Miller. 
Impact on the Private Sector: Jean Talarico.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act. (Public Law 104-4).

                        PREEMPTION CLARIFICATION

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local or 
tribal law. The Committee states that H.R. 1496 does not 
preempt any state, local, or tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                APPLICABILITY TO THE LEGISLATIVE BRANCH

    The Committee finds that the legislation 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).

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 1496 makes no changes in existing law.

                                  
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