[House Report 109-98]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-98
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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.