I

104TH CONGRESS

1ST SESSION H. R. 1036

To amend the Metropolitan Washington Airports Act of 1986 to direct the

President to appoint additional members to the board of directors of

the Metropolitan Washington Airports Authority, to replace the Board

of Review of the Airports Authority with a Federal Advisory Commission,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 24, 1995

Mr. SHUSTER (for himself, Mr. MINETA, Mr. DUNCAN, and Mr. OBERSTAR)

introduced the following bill; which was referred to the Committee on

Transportation and Infrastructure

A BILL

To amend the Metropolitan Washington Airports Act of 1986

to direct the President to appoint additional members

to the board of directors of the Metropolitan Washington

Airports Authority, to replace the Board of Review of

the Airports Authority with a Federal Advisory Commission, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Metropolitan Washing5 ton Airports Amendments Act of 1995’’.
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1 SEC. 2. AMENDMENT OF METROPOLITAN WASHINGTON

2 AIRPORTS ACT OF 1986.

3 Except as otherwise expressly provided, whenever in

4 this Act an amendment or repeal is expressed in terms

5 of an amendment to, or repeal of, a section or other provi6 sion, the reference shall be considered to be made to a

7 section or other provision of the Metropolitan Washington

8 Airports Act of 1986 (100 Stat. 3341–376 et seq.).

9 SEC. 3. USE OF LEASED PROPERTY.

10 Section 6005(c)(2) is amended by inserting before the

11 period at the end of the second sentence the following:

12 ‘‘which are not inconsistent with the needs of aviation’’.

13 SEC. 4. BOARD OF DIRECTORS.

14 (a) APPOINTMENT OF ADDITIONAL MEMBERS.—Sec15 tion 6007(e)(1) is amended—

16 (1) in the matter preceding subparagraph (A)

17 by striking ‘‘11’’ and inserting ‘‘15’’;

18 (2) in subparagraph (D) by striking ‘‘one mem19 ber’’ and inserting ‘‘five members’’.

20 (b) RESTRICTIONS.—Section 6007(e)(2) is amended

21 by striking ‘‘except that’’ and all that follows through the

22 period and inserting ‘‘except that the members appointed

23 by the President shall be registered voters of States other

24 than Maryland, Virginia, or the District of Columbia.’’.

25 (c) TERMS.—Section 6007(e)(3) is amended—
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1 (1) in subparagraph (B) by striking ‘‘and’’ at

2 the end;

3 (2) in subparagraph (C) by striking the period

4 at the end and inserting ‘‘; and’’; and

5 (3) by adding at the end the following:

6 ‘‘(D) by the President after the date of the

7 enactment of this subparagraph, 2 shall be ap8 pointed for 4 years.

9 A member may serve after the expiration of that

10 member’s term until a successor has taken office.’’.

11 (d) VACANCIES.—Section 6007(e) is further amended

12 by redesignating paragraphs (4) and (5) as paragraphs

13 (6) and (7), respectively, and by inserting after paragraph

14 (3) the following:

15 ‘‘(4) VACANCIES.—A vacancy in the board of

16 directors shall be filled in the manner in which the

17 original appointment was made. Any member ap18 pointed to fill a vacancy occurring before the expira19 tion of the term for which the member’s predecessor

20 was appointed shall be appointed only for the re21 mainder of such term.’’.

22 (e) POLITICAL PARTIES OF PRESIDENTIAL AP23 POINTEES.—Section 6007(e) is further amended by in24 serting after paragraph (4), as inserted by subsection (d)

25 of this section, the following:
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1 ‘‘(5) POLITICAL PARTIES OF PRESIDENTIAL AP2 POINTEES.—Not more than 3 of the members of the

3 board appointed by the President may be of the

4 same political party.’’.

5 (f) REQUIRED NUMBER OF VOTES.—Section

6 6007(e)(7), as redesignated by subsection (d) of this sec7 tion, is amended by striking ‘‘Seven’’ and inserting

8 ‘‘Nine’’.

9 SEC. 5. FEDERAL ADVISORY COMMISSION.

10 (a) IN GENERAL.—Section 6007(f) is amended by

11 striking the subsection heading and paragraph (1) and in12 serting the following:

13 ‘‘(f) FEDERAL ADVISORY COMMISSION.—

14 ‘‘(1) COMPOSITION.—There is established a

15 Federal Advisory Commission of the Airports Au16 thority which shall represent the interests of users of

17 the Metropolitan Washington Airports and shall be

18 composed of 9 members appointed by the Secretary

19 of Transportation.’’.

20 (b) REFERENCES TO BOARD OF REVIEW.—The Act

21 is amended—

22 (1) in section 6007(f) by striking ‘‘Board of Re23 view’’ each place it appears and inserting ‘‘Federal

24 Advisory Commission’’;

25 (2) in section 6007(f)(3)—
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1 (A) in the third sentence by striking

2 ‘‘Board’’ each place it appears and inserting

3 ‘‘Commission’’; and

4 (B) in the fourth sentence by striking

5 ‘‘Board’’ the second place it appears and insert6 ing ‘‘Commission’’;

7 (3) in the second sentence of section

8 6007(f)(6), as redesignated by section 8(a) of this

9 Act, by striking ‘‘Board’’ and inserting ‘‘Commis10 sion’’;

11 (4) in section 6007(f)(7), as redesignated by

12 section 8(a) of this Act, by striking ‘‘Board’’ the sec13 ond place it appears and inserting ‘‘Commission’’;

14 and

15 (5) in section 6009(b) by striking ‘‘Board of

16 Review’’ and inserting ‘‘Federal Advisory Commis17 sion’’.

18 (c) OTHER CONFORMING AMENDMENTS.—Section

19 6007(f)(2) is amended—

20 (1) in subparagraph (A)—

21 (A) by striking ‘‘paragraphs (1)(A) and

22 (1)(B)’’ and inserting ‘‘paragraph (1)’’; and

23 (B) by striking the second sentence; and
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1 (2) in subparagraph (D) by striking ‘‘and lists

2 have been provided for appointments to fill such va3 cancies’’.

4 SEC. 6. REVIEW PROCEDURE.

5 (a) SUBMISSION OF ACTIONS.—Section

6 6007(f)(4)(A) is amended to read as follows:

7 ‘‘(A) SUBMISSION REQUIRED.—

8 ‘‘(i) IN GENERAL.—An action of the

9 Airports Authority described in subpara10 graph (B) shall be submitted to the Fed11 eral Advisory Commission, the Speaker of

12 the House of Representatives, and the

13 President Pro Tempore of the Senate at

14 least 60 days before the action is to be15 come effective.

16 ‘‘(ii) URGENT AND COMPELLING CIR17 CUMSTANCES.—An action submitted to the

18 Federal Advisory Commission and Con19 gress in accordance with clause (i) may be20 come effective before the expiration of the

21 60-day period referred to in clause (i) if

22 the board of directors certifies, in writing,

23 to the Secretary and Congress that urgent

24 and compelling circumstances exist that

25 significantly affect the interests of the
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1 travelling public and will not permit wait2 ing for the expiration of such 60-day pe3 riod.’’.

4 (b) RECOMMENDATIONS.—Section 6007(f)(4)(C) is

5 amended to read as follows:

6 ‘‘(C) RECOMMENDATIONS.—The Federal

7 Advisory Commission may make to the board of

8 directors and Congress recommendations re9 garding an action within 30 calendar days of its

10 submission under this paragraph. Such rec11 ommendations may include a recommendation

12 that the action not take effect.’’.

13 (c) EFFECT OF RECOMMENDATIONS.—

14 (1) REPEAL.—Section 6007(f)(4) is amended

15 by striking subparagraph (D) and by redesignating

16 subparagraph (E) as subparagraph (D).

17 (2) CONFORMING AMENDMENT.—Section

18 6007(f)(5)(B) is amended by striking ‘‘paragraph

19 (4)(D)(ii)’’ and inserting ‘‘paragraph (4)’’.

20 (d) EXPIRATION OF AUTHORITY.—Section

21 6007(f)(4) is amended by adding at the end the following:

22 ‘‘(E) EXPIRATION OF AUTHORITY.—

23 ‘‘(i) IN GENERAL.—Except as pro24 vided in clause (ii), the authority of the

25 Airports Authority to take any of the ac-
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1 tions described in subparagraph (B) shall

2 expire on April 30, 1996.

3 ‘‘(ii) SPECIAL RULE.—If on any day

4 after April 29, 1996, all of the members to

5 be appointed to the board of directors by

6 the President under section 6007(e)(1)(D)

7 are serving on the board, the authority of

8 the board referred to in clause (i) shall be

9 effective beginning on such day and shall

10 expire on September 30, 1997.’’.

11 (e) PROTECTION OF CERTAIN ACTIONS.—Actions

12 taken by the Metropolitan Washington Airports Authority

13 and submitted to the Board of Review pursuant to section

14 6007(f)(4) of the Metropolitan Washington Airports Act

15 of 1986 before the date of the enactment of this Act shall

16 remain in effect and shall not be set aside solely by reason

17 of a judicial order invalidating certain functions of the

18 Board of Review.

19 SEC. 7. CONGRESSIONAL DISAPPROVAL PROCEDURES.

20 (a) COMMITTEE REFERRAL.—Section 6007(f)(5)(C)

21 is amended—

22 (1) by striking ‘‘Public Works and Transpor23 tation’’ and inserting ‘‘Transportation and Infra24 structure’’; and
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1 (2) by striking ‘‘Commerce, Science and Tech2 nology’’ and inserting ‘‘Commerce, Science, and

3 Transportation’’.

4 (b) HOUSE PROCEDURE.—Section 6007(f)(5) is

5 amended—

6 (1) by striking subparagraphs (D), (E), and

7 (F);

8 (2) by redesignating subparagraphs (G) and

9 (H) as subparagraphs (E) and (F), respectively; and

10 (3) by inserting after subparagraph (C) the fol11 lowing:

12 ‘‘(D) HOUSE PROCEDURE.—When the

13 committee of the House has reported a resolu14 tion, it is at any time in order to move that the

15 House resolve into the Committee of the Whole

16 House on the State of the Union for consider17 ation of the resolution. All points of order

18 against the resolution and against consideration

19 of the resolution are waived. The motion is

20 highly privileged. The previous question shall be

21 considered as ordered on that motion to its

22 adoption without intervening motion. A motion

23 to reconsider the vote by which the motion is

24 agreed to or disagreed to shall not be in order.

25 Debate thereon shall be limited to not more
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1 than 1 hour, the time to be divided in the

2 House equally between a proponent and an op3 ponent. During consideration of the resolution

4 in the Committee of the Whole, the first read5 ing of the resolution shall be dispensed with.

6 General debate shall proceed without interven7 ing motion, shall be confined to the resolution,

8 and shall not exceed 2 hours equally divided

9 and controlled by a proponent and an opponent

10 of the resolution. After general debate, the

11 Committee shall rise and report the bill to the

12 House. The previous question shall be consid13 ered as ordered on the resolution to final pas14 sage without intervening motion. A motion to

15 reconsider the vote on passage of the resolution

16 shall not be in order.’’.

17 SEC. 8. OTHER MATTERS RELATING TO FEDERAL ADVI18 SORY COMMISSION.

19 (a) REQUEST FOR CONSIDERATION OF OTHER MAT20 TERS; PARTICIPATION IN MEETINGS.—Section 6007(f) is

21 amended by striking paragraphs (6) and (7) and by redes22 ignating paragraphs (8), (9), (10), and (11) as paragraphs

23 (6), (7), (8), and (9), respectively.

24 (b) REMOVAL OF FEDERAL ADVISORY COMMISSION

25 MEMBERS.—Section 6007(f)(9), as redesignated by sub-
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1 section (a) of this section, is amended by striking ‘‘by a

2 two-thirds vote of the board of directors’’ and inserting

3 ‘‘by the Secretary of Transportation’’.

4 SEC. 9. EFFECT OF JUDICIAL ORDERS.

5 (a) IN GENERAL.—Section 6007 is amended by strik6 ing subsection (h) and by redesignating subsection (i) as

7 subsection (h).

8 (b) CONFORMING AMENDMENT.—Section 6011 is

9 amended by striking ‘‘Except as provided in section

10 6007(h), if’’ and inserting ‘‘If’’.

11 SEC. 10. FEDERAL ADVISORY COMMITTEE ACT.

12 Section 6007 is further amended by inserting after

13 subsection (h), as redesignated by section 9(a) of this Act,

14 the following:

15 ‘‘(i) FEDERAL ADVISORY COMMITTEE ACT.—The

16 Federal Advisory Committee Act (5 U.S.C. App.) shall not

17 apply to the Federal Advisory Commission.’’.

18 SEC. 11. USE OF DULLES ACCESS HIGHWAY.

19 The Act is further amended by adding at the end the

20 following:

21 ‘‘SEC. 6013. USE OF DULLES ACCESS HIGHWAY.

22 ‘‘(a) RESTRICTIONS.—The Airports Authority shall

23 continue in effect and enforce paragraphs (1) and (2) of

24 section 4.2 of the Metropolitan Washington Airports Reg25 ulations, as in effect on February 1, 1995.
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1 ‘‘(b) ENFORCEMENT.—The district courts of the

2 United States shall have jurisdiction to compel the Air3 ports Authority and its officers and employees to comply

4 with the requirements of this section. An action may be

5 brought on behalf of the United States by the Attorney

6 General, or by any aggrieved party.’’.

7 SEC. 12. AMENDMENT OF LEASE.

8 The Secretary of Transportation shall amend the

9 lease entered into with the Metropolitan Washington Air10 ports Authority under section 6005(a) of the Metropolitan

11 Washington Airports Authority Act of 1986 to secure the

12 Airports Authority’s consent to the amendments made to

13 such Act by this Act.

14 SEC. 13. AVAILABILITY OF SLOTS.

15 (a) IN GENERAL.—Section 41714 of title 49, United

16 States Code, is amended—

17 (1) in subsections (a)(1), (b)(1), and (c)(1) by

18 striking ‘‘(other than Washington National Air19 port)’’; and

20 (2) by redesignating subsection (h) as sub21 section (i) and by inserting after subsection (g) the

22 following:

23 ‘‘(h) LIMITATION ON AUTHORITY TO GRANT EXEMP24 TIONS.—The Secretary shall not issue an exemption under

25 this section to the requirements of subparts K and S of
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1 part 93 of title 14 of the Code of Federal Regulations

2 (pertaining to slots at high density airports) if the grant

3 of such exemption would adversely affect safety.’’.

4 (b) CONFORMING AMENDMENT.—Section 6009(e)(1)

5 is amended by striking ‘‘The Administrator’’ and inserting

6 ‘‘Except as provided by section 41714 of title 49, United

7 States Code, the Administrator’’.

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