39–006

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 DeVerDate jul 14 2003 23:53 May 27, 2005 Jkt 039006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR098.XXX HR098
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partment 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-onehalf 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. 

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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. 

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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 genVerDate jul 14 2003 23:53 May 27, 2005 Jkt 039006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR098.XXX HR098
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eral 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 fuVerDate jul 14 2003 23:53 May 27, 2005 Jkt 039006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR098.XXX HR098
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ture 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. 

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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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