Union Calendar No. 296

104TH CONGRESS

2D SESSION H. R. 1036

[Report No. 104–596]

A BILL

To amend the Metropolitan Washington Airports

and for other purposes.Authority with a Federal Advisory Commission,to replace the Board of Review of the Airportsthe Metropolitan Washington Airports Authority,additional members to the board of directors ofAct of 1986 to direct the President to appoint

MAY 29, 1996

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 296

104TH CONGRESS

2D SESSION H. R. 1036

[Report No. 104–596]

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

MAY 29, 1996

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on February 24, 1995]

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.
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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’’.

6 SEC. 2. AMENDMENT OF METROPOLITAN WASHINGTON AIR7 PORTS ACT OF 1986.

8 Except as otherwise expressly provided, whenever in

9 this Act an amendment or repeal is expressed in terms of

10 an amendment to, or repeal of, a section or other provision,

11 the reference shall be considered to be made to a section or

12 other provision of the Metropolitan Washington Airports

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

14 SEC. 3. USE OF LEASED PROPERTY.

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

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

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

18 SEC. 4. BOARD OF DIRECTORS.

19 (a) APPOINTMENT OF ADDITIONAL MEMBERS.—Sec20 tion 6007(e)(1) is amended—

21 (1) in the matter preceding subparagraph (A) by

22 striking ‘‘11’’ and inserting ‘‘15’’;

23 (2) in subparagraph (D) by striking ‘‘one mem24 ber’’ and inserting ‘‘five members’’.
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1 (b) RESTRICTIONS.—Section 6007(e)(2) is amended by

2 striking ‘‘except that’’ and all that follows through the pe3 riod and inserting ‘‘except that the members appointed by

4 the President shall be registered voters of States other than

5 Maryland, Virginia, or the District of Columbia.’’.

6 (c) TERMS.—Section 6007(e)(3) is amended—

7 (1) in subparagraph (B) by striking ‘‘and’’ at

8 the end;

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

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

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

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

13 enactment of this subparagraph, 2 shall be ap14 pointed for 4 years.

15 A member may serve after the expiration of that

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

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

18 by redesignating paragraphs (4) and (5) as paragraphs (7)

19 and (8), respectively, and by inserting after paragraph (3)

20 the following:

21 ‘‘(4) VACANCIES.—A vacancy in the board of di22 rectors shall be filled in the manner in which the

23 original appointment was made. Any member ap24 pointed to fill a vacancy occurring before the expira25 tion of the term for which the member’s predecessor
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1 was appointed shall be appointed only for the re2 mainder of such term.’’.

3 (e) POLITICAL PARTIES OF PRESIDENTIAL AP4 POINTEES.—Section 6007(e) is further amended by insert5 ing after paragraph (4), as inserted by subsection (d) of

6 this section, the following:

7 ‘‘(5) POLITICAL PARTIES OF PRESIDENTIAL AP8 POINTEES.—Not more than 3 of the members of the

9 board appointed by the President may be of the same

10 political party.’’.

11 (f) DUTIES OF PRESIDENTIAL APPOINTEES.—Section

12 6007(e) is further amended by inserting after paragraph

13 (5), as inserted by subsection (e) of this section, the follow14 ing:

15 ‘‘(6) DUTIES OF PRESIDENTIAL APPOINTEES.—

16 In carrying out their duties on the board, members of

17 the board appointed by the President shall ensure that

18 adequate consideration is given to the national inter19 est.’’.

20 (g) REQUIRED NUMBER OF VOTES.—Section

21 6007(e)(8), as redesignated by subsection (d) of this section,

22 is amended by striking ‘‘Seven’’ and inserting ‘‘Nine’’.
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1 SEC. 5. FEDERAL ADVISORY COMMISSION.

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

3 striking the subsection designation, heading and paragraph

4 (1) and inserting the following:

5 ‘‘(f) FEDERAL ADVISORY COMMISSION.—

6 ‘‘(1) COMPOSITION.—There is established a Fed7 eral Advisory Commission of the Airports Authority

8 which shall represent the interests of users of the Met9 ropolitan Washington Airports and shall be composed

10 of 9 members appointed by the Secretary of Transpor11 tation.’’.

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

13 amended—

14 (1) in section 6007(f) by striking ‘‘Board of Re15 view’’ each place it appears and inserting ‘‘Federal

16 Advisory Commission’’;

17 (2) in section 6007(f)(3)—

18 (A) in the third sentence by striking

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

20 ‘‘Commission’’; and

21 (B) in the fourth sentence by striking

22 ‘‘Board’’ the second place it appears and insert23 ing ‘‘Commission’’;

24 (3) in the second sentence of section 6007(f)(6),

25 as redesignated by section 8(a) of this Act, by striking

26 ‘‘Board’’ and inserting ‘‘Commission’’;
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1 (4) in section 6007(f)(7), as redesignated by sec2 tion 8(a) of this Act, by striking ‘‘Board’’ the second

3 place it appears and inserting ‘‘Commission’’; and

4 (5) in section 6009(b) by striking ‘‘Board of Re5 view’’ and inserting ‘‘Federal Advisory Commission’’.

6 (c) OTHER CONFORMING AMENDMENTS.—Section

7 6007(f)(2) is amended—

8 (1) in subparagraph (A)—

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

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

11 (B) by striking the second sentence; and

12 (2) in subparagraph (D) by striking ‘‘and lists

13 have been provided for appointments to fill such va14 cancies’’.

15 SEC. 6. REVIEW PROCEDURE.

16 (a) SUBMISSION OF ACTIONS.—Section 6007(f)(4)(A)

17 is amended to read as follows:

18 ‘‘(A) SUBMISSION REQUIRED.—

19 ‘‘(i) IN GENERAL.—An action of the

20 Airports Authority described in subpara21 graph (B) shall be submitted to the Federal

22 Advisory Commission, the Speaker of the

23 House of Representatives, and the President

24 Pro Tempore of the Senate at least 60 days

25 before the action is to become effective.
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1 ‘‘(ii) URGENT AND COMPELLING CIR2 CUMSTANCES.—An action submitted to the

3 Federal Advisory Commission and Congress

4 in accordance with clause (i) may become

5 effective before the expiration of the 60-day

6 period referred to in clause (i) if the board

7 of directors certifies, in writing, to the Sec8 retary and Congress that urgent and com9 pelling circumstances exist that signifi10 cantly affect the interests of the traveling

11 public and will not permit waiting for the

12 expiration of such 60-day period.’’.

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

14 amended to read as follows:

15 ‘‘(C) RECOMMENDATIONS.—The Federal Ad16 visory Commission may make to the board of di17 rectors and Congress recommendations regarding

18 an action within 30 calendar days of its submis19 sion under this paragraph. Such recommenda20 tions may include a recommendation that the ac21 tion not take effect.’’.

22 (c) EFFECT OF RECOMMENDATIONS.—

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

24 striking subparagraph (D) and by redesignating sub25 paragraph (E) as subparagraph (D).
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1 (2) CONFORMING AMENDMENT.—Section

2 6007(f)(5)(B) is amended by striking ‘‘paragraph

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

4 (d) EXPIRATION OF AUTHORITY.—Section 6007(f)(4)

5 is amended by adding at the end the following:

6 ‘‘(E) EXPIRATION OF AUTHORITY.—

7 ‘‘(i) IN GENERAL.—Except as provided

8 in clause (ii), the authority of the Airports

9 Authority to take any of the actions de10 scribed in subparagraph (B) shall expire on

11 April 30, 1997.

12 ‘‘(ii) SPECIAL RULE.—If on any day

13 after April 29, 1997, all of the members to

14 be appointed to the board of directors by the

15 President under section 6007(e)(1)(D) are

16 serving on the board, the authority of the

17 board referred to in clause (i) shall be effec18 tive beginning on such day and shall expire

19 on September 30, 1998.’’.

20 (e) PROTECTION OF CERTAIN ACTIONS.—Actions taken

21 by the Metropolitan Washington Airports Authority and

22 submitted to the Board of Review pursuant to section

23 6007(f)(4) of the Metropolitan Washington Airports Act of

24 1986 before the date of the enactment of this Act shall re25 main in effect and shall not be set aside solely by reason
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1 of a judicial order invalidating certain functions of the

2 Board of Review.

3 SEC. 7. CONGRESSIONAL DISAPPROVAL PROCEDURES.

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

5 amended—

6 (1) by striking ‘‘Public Works and Transpor7 tation’’ and inserting ‘‘Transportation and Infra8 structure’’; and

9 (2) by striking ‘‘Commerce, Science and Tech10 nology’’ and inserting ‘‘Commerce, Science, and

11 Transportation’’.

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

13 amended—

14 (1) by striking subparagraphs (D), (E), and (F);

15 (2) by redesignating subparagraphs (G) and (H)

16 as subparagraphs (E) and (F), respectively; and

17 (3) by inserting after subparagraph (C) the fol18 lowing:

19 ‘‘(D) HOUSE PROCEDURE.—When the com20 mittee of the House has reported a resolution, it

21 is at any time in order to move that the House

22 resolve into the Committee of the Whole House on

23 the State of the Union for consideration of the

24 resolution. All points of order against the resolu25 tion and against consideration of the resolution
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1 are waived. The motion is highly privileged. The

2 previous question shall be considered as ordered

3 on that motion to its adoption without interven4 ing motion. A motion to reconsider the vote by

5 which the motion is agreed to or disagreed to

6 shall not be in order. Debate thereon shall be

7 limited to not more than 1 hour, the time to be

8 divided in the House equally between a pro9 ponent and an opponent. During consideration

10 of the resolution in the Committee of the Whole,

11 the first reading of the resolution shall be dis12 pensed with. General debate shall proceed with13 out intervening motion, shall be confined to the

14 resolution, and shall not exceed 2 hours equally

15 divided and controlled by a proponent and an

16 opponent of the resolution. After general debate,

17 the Committee shall rise and report the bill to

18 the House. The previous question shall be consid19 ered as ordered on the resolution to final passage

20 without intervening motion. A motion to recon21 sider the vote on passage of the resolution shall

22 not be in order.’’.
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1 SEC. 8. OTHER MATTERS RELATING TO FEDERAL ADVISORY

2 COMMISSION.

3 (a) REQUEST FOR CONSIDERATION OF OTHER MAT4 TERS; PARTICIPATION IN MEETINGS.—Section 6007(f) is

5 amended by striking paragraphs (6) and (7) and by redes6 ignating paragraphs (8), (9), (10), and (11) as paragraphs

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

8 (b) REMOVAL OF FEDERAL ADVISORY COMMISSION

9 MEMBERS.—Section 6007(f)(9), as redesignated by sub10 section (a) of this section, is amended by striking ‘‘by a

11 two-thirds vote of the board of directors’’ and inserting ‘‘by

12 the Secretary of Transportation’’.

13 SEC. 9. EFFECT OF JUDICIAL ORDERS.

14 (a) IN GENERAL.—Section 6007 is amended by strik15 ing subsection (h) and by redesignating subsection (i) as

16 subsection (h).

17 (b) CONFORMING AMENDMENT.—Section 6011 is

18 amended by striking ‘‘Except as provided in section

19 6007(h), if’’ and inserting ‘‘If’’.

20 SEC. 10. FEDERAL ADVISORY COMMITTEE ACT.

21 Section 6007 is further amended by inserting after

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

23 the following:

24 ‘‘(i) FEDERAL ADVISORY COMMITTEE ACT.—The Fed25 eral Advisory Committee Act (5 U.S.C. App.) shall not

26 apply to the Federal Advisory Commission.’’.
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1 SEC. 11. USE OF DULLES ACCESS HIGHWAY.

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

3 following:

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

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

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

7 section 4.2 of the Metropolitan Washington Airports Regu8 lations, as in effect on February 1, 1995.

9 ‘‘(b) ENFORCEMENT.—The district courts of the United

10 States shall have jurisdiction to compel the Airports Au11 thority and its officers and employees to comply with the

12 requirements of this section. An action may be brought on

13 behalf of the United States by the Attorney General, or by

14 any aggrieved party.’’.

15 SEC. 12. AMENDMENT OF LEASE.

16 The Secretary of Transportation shall amend the lease

17 entered into with the Metropolitan Washington Airports

18 Authority under section 6005(a) of the Metropolitan Wash19 ington Airports Authority Act of 1986 to secure the Airports

20 Authority’s consent to the amendments made to such Act

21 by this Act.

22 SEC. 13. AVAILABILITY OF SLOTS.

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

24 States Code, is amended—
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1 (1) in subsections (a)(1), (b)(1), and (c)(1) by

2 striking ‘‘(other than Washington National Airport)’’;

3 and

4 (2) by redesignating subsection (h) as subsection

5 (i) and by inserting after subsection (g) the following:

6 ‘‘(h) LIMITATION ON AUTHORITY TO GRANT EXEMP7 TIONS.—The Secretary shall not issue an exemption under

8 this section to the requirements of subparts K and S of part

9 93 of title 14 of the Code of Federal Regulations (pertaining

10 to slots at high density airports) if the grant of such exemp11 tion would adversely affect safety.’’.

12 (b) CONFORMING AMENDMENT.—Section 6009(e)(1) is

13 amended by striking ‘‘The Administrator’’ and inserting

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

15 States Code, the Administrator’’.