1

I

104TH CONGRESS

1ST SESSION H. R. 2297

To codify without substantive change laws related to transportation and to

improve the United States Code.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 12, 1995

Mr. HYDE introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To codify without substantive change laws related to transportation and to

improve the United States Code.

1 Be it enacted by the Senate and House of Representatives of the United

2 States of America in Congress assembled,

3 SECTION 1. TITLE 18, UNITED STATES CODE.

4 Section 2721(b) of title 18, United States Code, is amended as follows:

5 (1) In the matter before clause (1), strike ‘‘the Automobile Informa6 tion Disclosure Act, the Motor Vehicle Information and Cost Saving

7 Act, the National Traffic and Motor Vehicle Safety Act of 1966, the

8 Anti-Car Theft Act of 1992, and the Clean Air Act’’ and substitute ‘‘ti9 tles I and IV of the Anti Car Theft Act of 1992, the Automobile Infor10 mation Disclosure Act (15 U.S.C. 1231 et seq.), the Clean Air Act (42

11 U.S.C. 7401 et seq.), and chapters 301, 305, and 321–331 of title 49’’.
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1 (2) In clause (9), strike ‘‘the Commercial Motor Vehicle Safety Act

2 of 1986 (49 U.S.C. 2710 et seq.)’’ and substitute ‘‘chapter 313 of title

3 49’’.

4 SECTION 2. TITLE 23, UNITED STATES CODE.

5 In the catchline for section 103(e)(4)(L) of title 23, United States Code,

6 strike ‘‘FTA’’ and substitute ‘‘CHAPTER 53 OF TITLE 49’’.

7 SECTION 3. TITLE 31, UNITED STATES CODE.

8 Title 31, United States Code, is amended as follows:

9 (1) In section 1105(a), redesignate clauses (27) through the end as

10 clauses (26) through the end.

11 (2) Section 9101(2) is amended as follows:

12 (A) Clause (J) is repealed.

13 (B) In clause (K), strike ‘‘The’’ and substitute ‘‘the’’.

14 (C) Redesignate clauses (K) through the end as clauses (J)

15 through the end.

16 SECTION 4. TITLE 39, UNITED STATES CODE.

17 In section 5201(5) of title 39, United States Code, strike ‘‘section

18 10102(14)’’ and substitute ‘‘section 10102(15)’’.

19 SECTION 5. TITLE 49, UNITED STATES CODE.

20 Title 49, United States Code, is amended as follows:

21 (1) In section 111(b)(4) and (g), strike ‘‘the date of the enactment

22 of this section’’ and substitute ‘‘December 18, 1991’’.

23 (2) Section 329 is amended as follows:

24 (A) In subsection (b)(1), strike ‘‘(as those terms are used in

25 such Act)’’ and substitute ‘‘(as that term is used in part A of sub26 title VII of this title)’’.

27 (B) In subsection (d), strike ‘‘that Act’’ and substitute ‘‘that

28 part’’.

29 (3) In section 521(b)(1)(B), strike ‘‘the date of enactment of this

30 subparagraph’’ and substitute ‘‘November 3, 1990’’.

31 (4) In sections 5119(b)(2), 5309(g)(1)(B) and (m)(3), 5328(b)(3),

32 5334(b)(1), 5335(b)–(d), 31134(c)(1)(B) and (C) and (2),

33 40112(e)(2), 41105(b), 41310(f), 41714(e)(2), 42104(b), 44506(d),

34 44913(a)(2), 47107(k), 48102(d)(2), and 48109, strike ‘‘Public Works

35 and Transportation’’ and substitute ‘‘Transportation and Infrastruc36 ture’’.

37 (5) In section 10101(a)(3), insert ‘‘section 31138 of this title and’’

38 after ‘‘enacted by’’.

39 (6) In sections 10309(a), 20134(c)(2), 20145, 22108(b), 24314(b),

40 24702(c), and 24903(a), strike ‘‘Committee on Energy and Commerce’’

41 and substitute ‘‘Committee on Transportation and Infrastructure’’.
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1 (7) In section 10321(b)(4), strike ‘‘10922(c)(2)’’ and substitute

2 ‘‘10922(d)(2)’’.

3 (8) In section 10322(a), strike ‘‘10922(i)(2), 10922(i)(4)’’ and

4 ‘‘10922(c)(2)(A)’’ and substitute ‘‘10922(j)(2), 10922(j)(4)’’ and

5 ‘‘10922(d)(2)(A)’’, respectively.

6 (9) In section 10362(a)(2), strike ‘‘10905(b)(2)(A)’’ and substitute

7 ‘‘10905(d)(2)(A)’’.

8 (10) In the analysis of chapter 105, strike item 10504 and sub9 stitute—

‘‘10504. Mass transportation exemption.’’.

10 (11) In the catchline of section 10504, strike ‘‘Exempt rail mass

11 transportation’’ and substitute ‘‘Mass transportation ex12 emption’’.

13 (12) In section 10505(g), strike ‘‘fitness..’’ and substitute ‘‘fitness.’’.

14 (13) In section 10521(b)(1)–(3), strike ‘‘10922(c)(2)’’ and substitute

15 ‘‘10922(d)(2)’’.

16 (14) In section 10528, strike ‘‘10922(b)’’ and substitute ‘‘10922(c)’’.

17 (15) Section 10530 is amended as follows:

18 (A) In subsection (e)(2)(A), strike ‘‘section 30 of the Motor

19 Carrier Act of 1980’’ and substitute ‘‘section 31139 of this title’’.

20 (B) In subsection (i)(1), strike ‘‘10922(l) of this title on the ef21 fective date of this section’’ and substitute ‘‘10922(m) of this title

22 on May 1, 1985’’.

23 (16) Section 10701(f)(8) is amended as follows:

24 (A) In the catchline for subclause (B), strike ‘‘DATE OF ENACT25 MENT’’ and substitute ‘‘DECEMBER 3, 1993’’.

26 (B) In subclause (B), before subclause (i), strike ‘‘the date of

27 the enactment of this subsection’’ and substitute ‘‘December 3,

28 1993,’’.

29 (C) In subclauses (B)(ii) and (D)(ii), strike ‘‘the 90th day fol30 lowing the date of the enactment of this subsection’’ and sub31 stitute ‘‘March 3, 1994’’.

32 (D) In the catchline for subclauses (C) and (D), strike ‘‘BEFORE

33 OR ON DATE OF ENACTMENT’’ and substitute ‘‘BEFORE DECEMBER

34 4, 1993’’.

35 (E) In subclause (C), strike ‘‘before or on the date of the enact36 ment of this subsection’’ and substitute ‘‘before December 4,

37 1993’’.

38 (F) In subclause (D), before subclause (i), strike ‘‘before or on

39 the date of the enactment of this subsection’’ and substitute ‘‘be40 fore December 4, 1993,’’.
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1 (17) In section 10702(c)(1), strike ‘‘the 90th day following the date

2 of the enactment of this subsection’’ and substitute ‘‘March 3, 1994’’.

3 (18) In section 10703(a)(4)(E), strike ‘‘the date of enactment of this

4 subparagraph’’ and substitute ‘‘July 1, 1980’’.

5 (19) In sections 10704(a)(3) and (4), 10705a(p)(1), 10706(a)(5)(C),

6 10707a(c)(1), 10709(d)(2)(A) and (5)(A), 10910(g)(2), and

7 11501(b)(3)(B), strike ‘‘the effective date of the Staggers Rail Act of

8 1980’’ and substitute ‘‘October 1, 1980,’’.

9 (20) In sections 10705a(b)(2) and (c)(1), 10707a(c)(2)(B), 10713(j)

10 and (m)(3), 10731(e), 10910(a)(2) and (k), 11161(f), 11162(a),

11 11164(a), 11167, and 11501(b)(2), strike ‘‘the effective date of the

12 Staggers Rail Act of 1980’’ and substitute ‘‘October 1, 1980’’.

13 (21) Section 10706(b)(3) is amended as follows:

14 (A) In subparagraph (B)(ii), strike ‘‘the date of enactment of

15 this subsection’’ and substitute ‘‘July 1, 1980’’.

16 (B) In subparagraph (C), strike ‘‘the date of enactment of the

17 Motor Carrier Act of 1980’’ and substitute ‘‘July 1, 1980,’’.

18 (C) In subparagraph (F), strike ‘‘the effective date of this sub19 paragraph’’ and substitute ‘‘November 19, 1982’’.

20 (22) Section 10708 is amended as follows:

21 (A) In subsection (d)(3)(A), strike ‘‘the date of enactment of

22 this paragraph’’ and substitute ‘‘July 1, 1980,’’.

23 (B) In subsection (d)(3)(B), strike ‘‘the date of enactment of

24 this paragraph’’ and substitute ‘‘July 1, 1980’’.

25 (C) In subsection (d)(4)(B), strike ‘‘the effective date of this

26 paragraph’’ and substitute ‘‘November 19, 1982’’.

27 (D) In subsection (d)(5), strike ‘‘the effective date of this para28 graph’’ and ‘‘the effective date’’ and substitute in both places ‘‘No29 vember 19, 1982’’.

30 (E) In subsection (e), strike ‘‘the effective date of this sub31 section’’ and substitute ‘‘November 19, 1982’’.

32 (23) In section 10711, strike ‘‘10727,’’.

33 (24) In section 10713(b)(2)(C) and (D), strike ‘‘the date of the en34 actment of the Conrail Privatization Act’’ and substitute ‘‘October 21,

35 1986’’.

36 (25) In section 10751(c), strike ‘‘the date of enactment of the Motor

37 Carrier Act of 1980’’ and substitute ‘‘July 1, 1980’’.

38 (26) Section 10762 is amended as follows:

39 (A) Subsection (a) is amended as follows:

40 (i) In paragraph (1), strike ‘‘the date of enactment of such

41 Act’’ and substitute ‘‘August 26, 1994’’.
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1 (ii) In paragraph (5), strike ‘‘the date of enactment of the

2 Trucking Industry Regulatory Reform Act of 1994’’, ‘‘the en3 actment of that Act’’, and ‘‘that date’’, and substitute ‘‘Au4 gust 26, 1994,’’, ‘‘August 26, 1994,’’, and ‘‘August 26,

5 1994’’, respectively.

6 (B) Subsections (h) and (i) are amended as follows:

7 (i) Strike ‘‘the date of the enactment of this subsection’’

8 and substitute ‘‘December 3, 1993,’’.

9 (ii) Strike ‘‘such date of enactment’’ and substitute ‘‘De10 cember 3, 1993’’.

11 (C) In subsection (j), strike ‘‘the date of enactment of the

12 Trucking Industry Regulatory Reform Act of 1994’’ and sub13 stitute ‘‘August 26, 1994’’.

14 (27) Section 10766(c) is amended as follows:

15 (A) Before clause (1), strike ‘‘the date of the enactment of the

16 Surface Freight Forwarder Deregulation Act of 1986’’ and sub17 stitute ‘‘October 22, 1986’’.

18 (B) In clause (2), strike ‘‘801–842’’ and ‘‘843–848’’ and sub19 stitute ‘‘801 et seq.’’ and ‘‘843 et seq.’’, respectively.

20 (28) In section 10767(a), strike ‘‘the date of the enactment of this

21 section’’ and substitute ‘‘December 3, 1993’’.

22 (29) Section 10922 is amended as follows:

23 (A) In subsection (d)(1)(F)(i), strike ‘‘the date of the enactment

24 of this paragraph’’ and substitute ‘‘April 2, 1987,’’.

25 (B) In subsection (d)(2)(A), strike ‘‘the effective date of this

26 subsection’’ and substitute ‘‘November 19, 1982,’’.

27 (C) In subsection (d)(2)(B), strike ‘‘the effective date of this

28 section’’ and substitute ‘‘November 19, 1982,’’.

29 (D) In subsection (d)(3)(E), strike ‘‘the date of the enactment

30 of this subparagraph’’ and substitute ‘‘April 2, 1987,’’.

31 (E) In subsection (d)(6), strike ‘‘section 18 of the Bus Regu32 latory Reform Act of 1982’’ and substitute ‘‘section 31138 of this

33 title’’.

34 (F) In subsection (d)(7), strike ‘‘10922(i)(4)’’ and substitute

35 ‘‘10922(j)(4)’’.

36 (G) In subsection (j)(1), strike ‘‘the date of enactment of this

37 subsection’’ and substitute ‘‘July 1, 1980’’.

38 (H) In subsection (j)(3), strike ‘‘the effective date of this para39 graph’’ and substitute ‘‘November 19, 1982’’.

40 (I) In subsection (m)(1), strike ‘‘the effective date of this sub41 section’’ and substitute ‘‘September 20, 1982’’.
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1 (30) Section 10923 is amended as follows:

2 (A) Strike ‘‘households’’ each place it appears and substitute

3 ‘‘household’’.

4 (B) In subsection (c)(2), strike ‘‘section 18 of the Bus Regu5 latory Reform Act of 1982’’ and substitute ‘‘section 31138 of this

6 title’’.

7 (31) In section 10927(a)(1), strike ‘‘section 30 of the Motor Carrier

8 Act of 1980, section 18 of the Bus Regulatory Reform Act of 1982,’’

9 and substitute ‘‘sections 31138 and 31139 of this title’’.

10 (32) Section 10935 is amended as follows:

11 (A) In subsection (e)(2)(B), strike ‘‘the effective date of this

12 section, or is granted on or after such effective date’’ and sub13 stitute ‘‘November 19, 1982, or is granted on or after November

14 19, 1982’’.

15 (B) In subsection (h), strike ‘‘10922(c)(4)’’ and substitute

16 ‘‘10922(d)(4)’’.

17 (33) In section 11128(a)(1), strike ‘‘11123(a)(4)’’ and substitute

18 ‘‘11123(a)(1)(D)’’.

19 (34) In section 11164(a), strike ‘‘the day prior to the effective date

20 of the Staggers Rail Act of 1980’’ and substitute ‘‘September 30,

21 1980’’.

22 (35) In section 11342(b)(2), strike ‘‘the date of enactment of this

23 paragraph’’ and substitute ‘‘October 15, 1980’’.

24 (36) In section 11506(c)(1), strike ‘‘the date of the enactment of the

25 Intermodal Surface Transportation Efficiency Act of 1991’’ and ‘‘such

26 date of enactment’’ and substitute in both places ‘‘December 18,

27 1991’’.

28 (37) Section 11706 is amended as follows:

29 (A) In subsection (a)(1), strike ‘‘the date of the enactment of

30 the Negotiated Rates Act of 1993’’ and substitute ‘‘December 3,

31 1993’’.

32 (B) In subsection (b)(1), strike ‘‘the date of the enactment of

33 the Negotiated Rate Act of 1993’’ and substitute ‘‘December 3,

34 1993’’.

35 (38) In section 11712(c), strike ‘‘the date of the enactment of this

36 section’’ and substitute ‘‘December 3, 1993’’.

37 (39) In section 11901(g), strike ‘‘the date of enactment of this sen38 tence’’ and ‘‘such date of enactment’’ and substitute ‘‘October 15,

39 1980’’ and ‘‘October 15, 1980,’’, respectively.

40 (40) Section 20133(b) is amended as follows:
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1 (A) In paragraph (1), strike ‘‘the date of enactment of the Fed2 eral Railroad Safety Authorization Act of 1994’’ and substitute

3 ‘‘November 2, 1994’’.

4 (B) In paragraph (2), strike ‘‘such date of enactment’’ and sub5 stitute ‘‘November 2, 1994’’.

6 (41) In sections 20145, 20146, and 20151(a) and (c), strike ‘‘the

7 date of enactment of the Federal Railroad Safety Authorization Act of

8 1994’’ and substitute ‘‘November 2, 1994’’.

9 (42) In section 20152(b), strike ‘‘the date of enactment of this sec10 tion’’ and ‘‘that date’’ and substitute ‘‘November 2, 1994’’ and ‘‘No11 vember 2, 1994,’’, respectively.

12 (43) In section 20153(g), strike ‘‘the date of enactment of this sec13 tion’’ wherever it appears and substitute ‘‘November 2, 1994’’.

14 (44) Add at the end of section 20301(b) the following:

15 ‘‘(4) a car, locomotive, or train used on a street railway.’’.

16 (45)(A) Insert after section 28102 the following:

17 ‘‘CHAPTER 283—MAXIMUM HOURS OF WORK

‘‘Sec.

‘‘28301. General.

‘‘28302. Penalties.

18 ‘‘§ 28301. General

19 ‘‘(a) EIGHT HOUR DAY.—In contracts for labor and service, 8 hours shall

20 be a day’s work and the standard day’s work for determining the compensa21 tion for services of an employee employed by a common carrier by railroad

22 subject to subtitle IV of this title and actually engaged in any capacity in

23 operating trains used for transporting passengers or property on railroads

24 from—

25 ‘‘(1) a State of the United States or the District of Columbia to any

26 other State or the District of Columbia;

27 ‘‘(2) one place in a territory or possession of the United States to

28 another place in the same territory or possession;

29 ‘‘(3) a place in the United States to an adjacent foreign country; or

30 ‘‘(4) a place in the United States through a foreign country to any

31 other place in the United States.

32 ‘‘(b) APPLICATION.—Subsection (a) of this section—

33 ‘‘(1) does not apply to—

34 ‘‘(A) an independently owned and operated railroad not exceed35 ing one hundred miles in length;

36 ‘‘(B) an electric street railroad; and

37 ‘‘(C) an electric interurban railroad; but
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1 ‘‘(2) does apply to an independently owned and operated railroad less

2 than one hundred miles in length—

3 ‘‘(A) whose principal business is leasing or providing terminal

4 or transfer facilities to other railroads; or

5 ‘‘(B) engaged in transfers of freight between railroads or be6 tween railroads and industrial plants.

7 ‘‘§ 28302. Penalties

8 ‘‘A person violating section 28301 of this title shall be fined under title

9 18, imprisoned not more one year, or both.’’.

10 (B) In the analysis for subtitle V, insert after item 281 the following:

‘‘283. MAXIMUM HOURS OF WORK .................................................................... 28301’’.

11 (46) In section 30144(a)(1)(A), strike ‘‘Organization’’ and substitute

12 ‘‘Organizations’’.

13 (47) In section 30168(c), strike ‘‘Committees on Energy and Com14 merce and Public Works and Transportation’’ and substitute ‘‘Commit15 tees on Commerce and Transportation and Infrastructure’’.

16 (48) In section 32702(8), insert ‘‘any’’ after ‘‘or’’.

17 (49) Section 32705 is amended as follows:

18 (A) In the catchline for subsection (a), strike ‘‘WRITTEN’’.

19 (B) Subsection (a)(2) and (3) is amended to read as follows:

20 ‘‘(2) A person transferring ownership of a motor vehicle may not violate

21 a regulation prescribed under this section or give a false statement to the

22 transferee in making the disclosure required by such a regulation.

23 ‘‘(3) A person acquiring a motor vehicle for resale may not accept a writ24 ten disclosure under this section unless it is complete.’’.

25 (D) In subsection (b)(3)(A), strike ‘‘may’’ and ‘‘only if’’ and

26 substitute ‘‘may not’’ and ‘‘unless’’, respectively.

27 (50) In sections 32904(b)(6)(C) and 32905(g), strike ‘‘Committee on

28 Energy and Commerce’’ and substitute ‘‘Committee on Commerce’’.

29 (51) In the analysis of subtitle VII, strike the item related to part

30 D and item 491 and substitute—

31 ‘‘PART D—PUBLIC AIRPORTS

‘‘491. METROPOLITAN WASHINGTON AIRPORTS .......................................... 49101

32 ‘‘PART E—MISCELLANEOUS

‘‘501. BUY-AMERICAN PREFERENCES .............................................................. 50101’’.

33 (52) In section 40109(c), insert ‘‘41311, 41312,’’ after ‘‘41308–

34 41310(a),’’ and ‘‘41714, 41715,’’ after ‘‘41712,’’.

35 (53) In section 40116(d)(2)(A)(iv), strike ‘‘Levy’’ and ‘‘the date of

36 enactment of this clause’’ and substitute ‘‘levy’’ and ‘‘August 23,

37 1994’’, respectively.

38 (54) Section 40117(e)(2) is amended as follows:
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1 (A) In clause (B), insert ‘‘and’’ after the semicolon.

2 (B) Strike clause (C).

3 (C) Redesignate clause (D) as clause (C).

4 (55) In the catchline for section 40118(d), strike ‘‘TRANSPORTATION

5 BY FOREIGN AIR CARRIERS’’ and substitute ‘‘CERTAIN TRANSPOR6 TATION BY AIR OUTSIDE THE UNITED STATES’’.

7 (56)(A) Add at the end of chapter 401 the following:

8 ‘‘§ 40121. Interstate agreements for airport facilities

9 ‘‘Congress consents to a State making an agreement, not in conflict with

10 a law of the United States, with another State to develop or operate an air11 port facility.’’.

12 (B) In the analysis for chapter 401, insert after item 40120 the fol13 lowing:

‘‘40121. Interstate agreements for airport facilities.’’.

14 (57) In section 41714(d)(1), strike ‘‘sections 6005(c)(5) and 6009(e)

15 of the Metropolitan Washington Airports Act of 1986’’ and substitute

16 ‘‘sections 49104(a)(5) and 49110(e) of this title’’.

17 (58) In sections 44501(c)(1), 44511(e), 48102(c)(2)(A) and (d)(2),

18 and 70112(d)(1), strike ‘‘Science, Space, and Technology’’ and sub19 stitute ‘‘Science’’.

20 (59) Section 44502 is amended as follows:

21 (A) In subsection (c)(1), strike ‘‘To ensure that’’ and substitute

22 ‘‘To ensure’’.

23 (B) Strike subsection (e) and redesignate subsection (f) as sub24 section (e).

25 (60) In section 45301(c)(5), strike ‘‘the date of the enactment of

26 this subsection’’ and substitute ‘‘August 23, 1994,’’.

27 (61) In section 46301(a)(1)(A), insert ‘‘44718,’’ after ‘‘44702–

28 44716,’’.

29 (62) In section 47107(l)(1), strike ‘‘the date of the enactment of

30 this subsection’’ and substitute ‘‘August 23, 1994’’.

31 (63) Section 47115 is amended as follows:

32 (A) Subsection (f)(2) as enacted by section 112(d) of the Fed33 eral Aviation Administration Authorization Act of 1994 (Public

34 Law 103–305, 108 Stat. 1576) is amended by striking ‘‘the date

35 of the enactment of this subsection’’ and substituting ‘‘August 23,

36 1994’’.

37 (B) Subsection (f) as enacted by section 6(67) of the Act of Oc38 tober 31, 1994 (Public Law 103–429, 108 Stat. 4386), is redesig39 nated subsection (g).
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1 (64) In section 47118(a), strike ‘‘on or before the date of the enact2 ment of this sentence’’ and substitute ‘‘before August 24, 1994’’.

3 (65) Section 47129 is amended as follows:

4 (A) In subsection (a)(1), strike ‘‘of this subtitle’’ and substitute

5 ‘‘of this title’’.

6 (B) In subsections (b), (e)(2), and (f)(2), strike ‘‘the date of the

7 enactment of this section’’ and substitute ‘‘August 23, 1994’’.

8 (C) In subsection (e)(3), strike ‘‘such date of enactment’’ and

9 substitute ‘‘August 23, 1994’’.

10 (66) In section 47509(d), strike ‘‘the date of the enactment of this

11 section’’ and substitute ‘‘August 23, 1994’’.

12 (67)(A) Part D is redesignated as part E.

13 (B) Chapter 491 is redesignated as chapter 501.

14 (C) Items 49101–49105 in the analysis of chapter 501, as redesig15 nated by subparagraph (B) of this paragraph, are redesignated as

16 items 50101–50105.

17 (D) Sections 49101–49105 are redesignated as sections 50101–

18 50105.

19 (68) Insert after part C of subtitle VII the following:

20 ‘‘PART D—PUBLIC AIRPORTS

21 ‘‘CHAPTER 491—METROPOLITAN WASHINGTON

22 AIRPORTS

‘‘Sec.

‘‘49101. Findings.

‘‘49102. Purpose.

‘‘49103. Definitions.

‘‘49104. Lease of Metropolitan Washington Airports.

‘‘49105. Capital improvements, construction, and rehabilitation.

‘‘49106. Metropolitan Washington Airports Authority.

‘‘49107. Board of Review.

‘‘49108. Federal employees at Metropolitan Washington Airports.

‘‘49109. Nonstop flights.

‘‘49110. Relationship to and effect of other laws.

‘‘49111. Separability.

23 ‘‘§ 49101. Findings

24 ‘‘Congress finds that—

25 ‘‘(1) the 2 federally owned airports in the metropolitan area of the

26 District of Columbia constitute an important and growing part of the

27 commerce, transportation, and economic patterns of Virginia, the Dis28 trict of Columbia, and the surrounding region;

29 ‘‘(2) Baltimore/Washington International Airport, owned and oper30 ated by Maryland, is an air transportation facility that provides service

31 to the greater Metropolitan Washington region together with the 2 fed32 erally owned airports, and timely Federal-aid grants to Baltimore/

33 Washington International Airport will provide additional capacity to
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1 meet the growing air traffic needs and to compete with other airports

2 on a fair basis;

3 ‘‘(3) the United States Government has a continuing but limited in4 terest in the operation of the two federally owned airports, which serve

5 the travel and cargo needs of the entire Metropolitan Washington re6 gion as well as the District of Columbia as the national seat of govern7 ment;

8 ‘‘(4) operation of the Metropolitan Washington Airports by an inde9 pendent local authority will facilitate timely improvements at both air10 ports to meet the growing demand of interstate air transportation occa11 sioned by the Airline Deregulation Act of 1978 (Public Law 95–504;

12 92 Stat. 1705);

13 ‘‘(5) all other major air carrier airports in the United States are op14 erated by public entities at the State, regional, or local level;

15 ‘‘(6) any change in status of the 2 airports must take into account

16 the interest of nearby communities, the traveling public, air carriers,

17 general aviation, airport employees, and other interested groups, as well

18 as the interests of the United States Government and State govern19 ments involved;

20 ‘‘(7) in recognition of a perceived limited need for a Federal role in

21 the management of these airports and the growing local interest, the

22 Secretary of Transportation has recommended a transfer of authority

23 from the Federal to the local/State level that is consistent with the

24 management of major airports elsewhere in the United States;

25 ‘‘(8) an operating authority with representation from local jurisdic26 tions, similar to authorities at all major airports in the United States,

27 will improve communications with local officials and concerned resi28 dents regarding noise at the Metropolitan Washington Airports;

29 ‘‘(9) a commission of congressional, State, and local officials and

30 aviation representatives has recommended to the Secretary that trans31 fer of the federally owned airports be as a unit to an independent au32 thority to be created by Virginia and the District of Columbia; and

33 ‘‘(10) the Federal interest in these airports can be provided through

34 a lease mechanism which provides for local control and operation.

35 ‘‘§ 49102. Purpose

36 ‘‘(a) GENERAL.—The purpose of this chapter is to authorize the transfer

37 of operating responsibility under long-term lease of the 2 Metropolitan

38 Washington Airport properties as a unit, including access highways and

39 other related facilities, to a properly constituted independent airport author40 ity created by Virginia and the District of Columbia, in order to achieve
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1 local control, management, operation, and development of these important

2 transportation assets.

3 ‘‘(b) INCLUSION OF BALTIMORE/WASHINGTON INTERNATIONAL AIRPORT

4 NOT PRECLUDED.—This chapter does not prohibit the Airports Authority

5 and Maryland from making an agreement to make Baltimore/Washington

6 International Airport part of a regional airports authority, subject to terms

7 agreed to by the Airports Authority, the Secretary of Transportation, Vir8 ginia, the District of Columbia, and Maryland.

9 ‘‘§ 49103. Definitions

10 ‘‘In this chapter—

11 ‘‘(1) ‘Airports Authority’ means the Metropolitan Washington Air12 ports Authority, a public authority created by Virginia and the District

13 of Columbia consistent with the requirements of sections 49106 and

14 49107 of this title.

15 ‘‘(2) ‘employee’ means any permanent Federal Aviation Administra16 tion personnel employed by the Metropolitan Washington Airports on

17 June 7, 1987.

18 ‘‘(3) ‘Metropolitan Washington Airports’ means Washington Na19 tional Airport and Washington Dulles International Airport.

20 ‘‘(4) ‘Washington Dulles International Airport’ means the airport

21 constructed under the Act of September 7, 1950 (ch. 905, 64 Stat.

22 770), and includes the Dulles Airport Access Highway and Right-of23 way, including the extension between Interstate Routes I–495 and I–

24 66.

25 ‘‘(5) ‘Washington National Airport’ means the airport described in

26 the Act of June 29, 1940 (ch. 444, 54 Stat. 686).

27 ‘‘§ 49104. Lease of Metropolitan Washington Airports

28 ‘‘(a) GENERAL.—The lease the Secretary of Transportation made with

29 the Metropolitan Washington Airports Authority under section 6005(a) of

30 the Metropolitan Washington Airports Act of 1986 (Public Law 99–500,

31 100 Stat. 1783–375, Public Law 99–591, 100 Stat. 3341–378), for the

32 Metropolitan Washington Airports must provide during its 50-year term for

33 at least the following:

34 ‘‘(1) The Airports Authority shall operate, maintain, protect, pro35 mote, and develop the Metropolitan Washington Airports as a unit and

36 as primary airports serving the metropolitan Washington area.

37 ‘‘(2)(A) In this paragraph, ‘airport purposes’ means a use of prop38 erty interests (except a sale) for—

39 ‘‘(i) aviation business or activities;

40 ‘‘(ii) activities necessary or appropriate to serve passengers or

41 cargo in air commerce; or
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1 ‘‘(iii) nonprofit, public use facilities.

2 ‘‘(B) During the period of the lease, the real property constituting

3 the Metropolitan Washington Airports shall be used only for airport

4 purposes.

5 ‘‘(C) If the Secretary decides that any part of the real property

6 leased to the Airports Authority under this chapter is used for other

7 than airport purposes, the Secretary shall—

8 ‘‘(i) direct that the Airports Authority take appropriate meas9 ures to have that part of the property be used for airport pur10 poses; and

11 ‘‘(ii) retake possession of the property if the Airports Authority

12 fails to have that part of the property be used for airport purposes

13 within a reasonable period of time, as the Secretary decides.

14 ‘‘(3) The Airports Authority is subject to section 47107(a)–(c) and

15 (e) of this title and to the assurances and conditions required of grant

16 recipients under the Airport and Airway Improvement Act of 1982

17 (Public Law 97–248, 96 Stat. 671) as in effect on June 7, 1987. Not18 withstanding section 47107(b) of this title, all revenues generated by

19 the Metropolitan Washington Airports shall be expended for the capital

20 and operating costs of the Metropolitan Washington Airports.

21 ‘‘(4) In acquiring by contract supplies or services for an amount esti22 mated to be more than $200,000, or awarding concession contracts, the

23 Airports Authority to the maximum extent practicable shall obtain

24 complete and open competition through the use of published competi25 tive procedures. By a vote of 7 members, the Airports Authority may

26 grant exceptions to the requirements of this paragraph.

27 ‘‘(5)(A) Except as provided in subparagraph (B) of this paragraph,

28 all regulations of the Metropolitan Washington Airports (14 C.F.R.

29 part 159) become regulations of the Airports Authority as of June 7,

30 1987, and remain in effect until modified or revoked by the Airports

31 Authority under procedures of the Airports Authority.

32 ‘‘(B) Sections 159.59(a) and 159.191 of title 14, Code of Federal

33 Regulations, do not become regulations of the Airports Authority.

34 ‘‘(C) The Airports Authority may not increase or decrease the num35 ber of instrument flight rule takeoffs and landings authorized by the

36 High Density Rule (14 C.F.R. 93.121 et seq.) at Washington National

37 Airport on October 18, 1986, and may not impose a limitation on the

38 number of passengers taking off or landing at Washington National

39 Airport.

40 ‘‘(6)(A) Except as specified in subparagraph (B) of this paragraph,

41 the Airports Authority shall assume all rights, liabilities, and obliga-
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1 tions of the Metropolitan Washington Airports on June 7, 1987, in2 cluding leases, permits, licenses, contracts, agreements, claims, tariffs,

3 accounts receivable, accounts payable, and litigation related to those

4 rights and obligations, regardless whether judgment has been entered,

5 damages awarded, or appeal taken. The Airports Authority must co6 operate in allowing representatives of the Attorney General and the

7 Secretary adequate access to employees and records when needed for

8 the performance of duties and powers related to the period before June

9 7, 1987. The Airports Authority shall assume responsibility for the

10 Federal Aviation Administration’s Master Plans for the Metropolitan

11 Washington Airports.

12 ‘‘(B) The procedure for disputes resolution contained in any contract

13 entered into on behalf of the United States Government before June

14 7, 1987, continues to govern the performance of the contract unless

15 otherwise agreed to by the parties to the contract. Claims for monetary

16 damages founded in tort, by or against the Government as the owner

17 and operator of the Metropolitan Washington Airports, arising before

18 June 7, 1987, shall be adjudicated as if the lease had not been entered

19 into.

20 ‘‘(C) The Administration is responsible for reimbursing the Employ21 ees’ Compensation Fund, as provided in section 8147 of title 5, for

22 compensation paid or payable after June 7, 1987, in accordance with

23 chapter 81 of title 5 for any injury, disability, or death due to events

24 arising before June 7, 1987, whether or not a claim was filed or was

25 final on that date.

26 ‘‘(D) The Airports Authority shall continue all collective bargaining

27 rights enjoyed by employees of the Metropolitan Washington Airports

28 before June 7, 1987.

29 ‘‘(7) The Comptroller General may conduct periodic audits of the ac30 tivities and transactions of the Airports Authority in accordance with

31 generally accepted management principles, and under regulations the

32 Comptroller General may prescribe. An audit shall be conducted where

33 the Comptroller General considers it appropriate. All records and prop34 erty of the Airports Authority shall remain in possession and custody

35 of the Airports Authority.

36 ‘‘(8) The Airports Authority shall maintain a code of ethics and fi37 nancial disclosure to ensure the integrity of all decisions made by its

38 board of directors and employees. The code shall include standards by

39 which members of the board will decide, for purposes of section

40 49106(d) of this title, what constitutes a substantial financial interest
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1 and the circumstances under which an exception to the conflict of inter2 est prohibition may be granted.

3 ‘‘(9) A landing fee imposed for operating an aircraft or revenues de4 rived from parking automobiles—

5 ‘‘(A) at Washington Dulles International Airport may not be

6 used for maintenance or operating expenses (excluding debt serv7 ice, depreciation, and amortization) at Washington National Air8 port; and

9 ‘‘(B) at Washington National Airport may not be used for

10 maintenance or operating expenses (excluding debt service, depre11 ciation, and amortization) at Washington Dulles International Air12 port.

13 ‘‘(10) The Airports Authority shall compute the fees and charges for

14 landing general aviation aircraft at the Metropolitan Washington Air15 ports on the same basis as the landing fees for air carrier aircraft, ex16 cept that the Airports Authority may require a minimum landing fee

17 that is not more than the landing fee for aircraft weighing 12,500

18 pounds.

19 ‘‘(11) The Secretary shall include other terms applicable to the par20 ties to the lease that are consistent with, and carry out, this chapter.

21 ‘‘(b) PAYMENTS.—Under the lease, the Airports Authority must pay to

22 the general fund of the Treasury annually an amount, computed using the

23 GNP Price Deflator, equal to $3,000,000 in 1987 dollars. The Secretary

24 and the Airports Authority may renegotiate the level of lease payments at25 tributable to inflation costs every 10 years.

26 ‘‘(c) ENFORCEMENT OF LEASE PROVISIONS.—The district courts of the

27 United States have jurisdiction to compel the Airports Authority and its of28 ficers and employees to comply with the terms of the lease. An action may

29 be brought on behalf of the United States by the Attorney General, or by

30 any aggrieved party.

31 ‘‘(d) EXTENSION OF LEASE.—The Secretary and the Airports Authority

32 may at any time negotiate an extension of the lease.

33 ‘‘§ 49105. Capital improvements, construction, and rehabili34 tation

35 ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that the Metro36 politan Washington Airports Authority—

37 ‘‘(1) should pursue the improvement, construction, and rehabilitation

38 of the facilities at Washington Dulles International Airport and Wash39 ington National Airport simultaneously; and

40 ‘‘(2) to the extent practicable, should cause the improvement, con41 struction, and rehabilitation proposed by the Secretary of Transpor-
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1 tation to be completed at Washington Dulles International Airport and

2 Washington National Airport within 5 years after the earliest date on

3 which the Airports Authority issues bonds under section

4 49106(b)(1)(B) of this title for that improvement, construction, or re5 habilitation.

6 ‘‘(b) SECRETARY’S ASSISTANCE.—The Secretary shall assist the 3 air7 ports serving the District of Columbia metropolitan area in planning for

8 operational and capital improvements at those airports and shall accelerate

9 consideration of applications for United States Government financial assist10 ance by whichever of the 3 airports is most in need of increasing airside

11 capacity.

12 ‘‘§ 49106. Metropolitan Washington Airports Authority

13 ‘‘(a) STATUS.—The Metropolitan Washington Airports Authority is—

14 ‘‘(1) a public authority with the powers and jurisdiction—

15 ‘‘(A) conferred upon it jointly by the legislative authority of Vir16 ginia and the District of Columbia or by either of them when

17 agreed to by the legislative authority of the other jurisdiction; and

18 ‘‘(B) that at least meet the specifications of this section and

19 section 49107 of this title;

20 ‘‘(2) independent of Virginia and its local governments, the District

21 of Columbia, and the United States Government; and

22 ‘‘(3) a political subdivision constituted only to operate and improve

23 the Metropolitan Washington Airports as primary airports serving the

24 Metropolitan Washington area.

25 ‘‘(b) GENERAL AUTHORITY.—(1) The Airports Authority shall be author26 ized—

27 ‘‘(A) to acquire, maintain, improve, operate, protect, and promote

28 the Metropolitan Washington Airports for public purposes;

29 ‘‘(B) to issue bonds from time to time for public purposes, including

30 paying any part of the cost of airport improvements, construction, and

31 rehabilitation and the acquisition of real and personal property, includ32 ing operating equipment for the airports;

33 ‘‘(C) to acquire real and personal property by purchase, lease, trans34 fer, or exchange;

35 ‘‘(D) to exercise the powers of eminent domain in Virginia that are

36 conferred on it by Virginia;

37 ‘‘(E) to levy fees or other charges; and

38 ‘‘(F) to make and maintain agreements with employee organizations

39 to the extent that the Federal Aviation Administration was authorized

40 to do so on October 18, 1986.

41 ‘‘(2) Bonds issued under paragraph (1)(B) of this subsection—
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1 ‘‘(A) are not a debt of Virginia, the District of Columbia, or a politi2 cal subdivision of Virginia or the District of Columbia; and

3 ‘‘(B) may be secured by the Airports Authority’s revenues generally,

4 or exclusively from the income and revenues of certain designated

5 projects whether or not any part of the projects are financed from the

6 proceeds of the bonds.

7 ‘‘(c) BOARD OF DIRECTORS.—(1) The Airports Authority has a board of

8 directors composed of the following 11 members:

9 ‘‘(A) 5 members appointed by the Governor of Virginia;

10 ‘‘(B) 3 members appointed by the Mayor of the District of Columbia;

11 ‘‘(C) 2 members appointed by the Governor of Maryland; and

12 ‘‘(D) one member appointed by the President with the advice and

13 consent of the Senate.

14 ‘‘(2) The Chairman of the board shall be appointed from among the mem15 bers by majority vote of the members and shall serve until replaced by ma16 jority vote of the members.

17 ‘‘(3) Members of the board shall be appointed to the board for 6 years.

18 ‘‘(4) A member of the board—

19 ‘‘(A) may not hold elective or appointive political office;

20 ‘‘(B) serves without compensation except for reasonable expenses in21 cident to board functions; and

22 ‘‘(C) except the member appointed by the President, must reside

23 within the Washington Standard Metropolitan Statistical Area.

24 ‘‘(5) The member of the board appointed by the President may be re25 moved by the President for cause.

26 ‘‘(6) Seven votes are required to approve bond issues and the annual

27 budget.

28 ‘‘(d) CONFLICTS OF INTEREST.—Members of the board and their imme29 diate families may not be employed by or otherwise hold a substantial finan30 cial interest in any enterprise that has or is seeking a contract or agreement

31 with the Airports Authority or is an aeronautical, aviation services, or air32 port services enterprise that otherwise has interests that can be directly af33 fected by the Airports Authority. The official appointing a member may

34 make an exception if the financial interest is completely disclosed when the

35 member is appointed and the member does not participate in board deci36 sions that directly affect the interest.

37 ‘‘(e) CERTAIN ACTIONS TO BE TAKEN BY REGULATION.—An action of

38 the Airports Authority changing, or having the effect of changing, the hours

39 of operation of, or the type of aircraft serving, either of the Metropolitan

40 Washington Airports may be taken only by regulation of the Airports Au41 thority.
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1 ‘‘(f) LIMITATION ON AUTHORITY.—If the Board of Review established

2 under section 49107 of this title cannot carry out its duties and powers

3 under this chapter because of a judicial order, the Airports Authority may

4 not carry out any action required to be submitted to the Board under sec5 tion 49107(g) of this title.

6 ‘‘(g) REVIEW OF CONTRACTING PROCEDURES.—The Comptroller General

7 shall review contracts of the Airports Authority to decide whether the con8 tracts were awarded by procedures that follow sound Government contract9 ing principles and comply with section 49104(a)(4) of this title. The Comp10 troller General shall submit periodic reports of the conclusions reached as

11 a result of the review to the Committee on Transportation and Infrastruc12 ture of the House of Representatives and the Committee on Commerce,

13 Science, and Transportation of the Senate.

14 ‘‘§ 49107. Board of Review

15 ‘‘(a) COMPOSITION.—(1) Action and requests of the board of directors of

16 the Metropolitan Washington Airports Authority may be reviewed under this

17 section by the Board of Review of the Airports Authority. The Board of Re18 view represents the interests of users of the Metropolitan Washington Air19 ports and is composed of 9 members appointed by the board of directors

20 as follows:

21 ‘‘(A) 4 individuals from a list provided by the Speaker of the House

22 of Representatives.

23 ‘‘(B) 4 individuals from a list provided by the President pro tempore

24 of the Senate.

25 ‘‘(C) one individual chosen alternately from a list provided by the

26 Speaker of the House of Representatives and from a list provided by

27 the President pro tempore of the Senate.

28 ‘‘(2) In addition to the recommendations on a list provided under para29 graph (1) of this subsection, the board of directors may request additional

30 recommendations.

31 ‘‘(b) QUALIFICATIONS AND TERMS.—(1) Members of the Board of Review

32 shall be individuals who have experience in aviation matters and in address33 ing the needs of airport users and who themselves are frequent users of the

34 Metropolitan Washington Airports. A member of the Board of Review shall

35 be a registered voter of a State other than Maryland, Virginia, or the Dis36 trict of Columbia.

37 ‘‘(2)(A) An individual appointed under subsection (a)(1) (A) or (B) of

38 this section serves for 6 years or until the individual’s successor has taken

39 office.
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1 ‘‘(B) An individual appointed under subsection (a)(1)(C) of this section

2 serves for 2 years or until the individual’s successor has taken office.

3 ‘‘(3) A member of the Board of Review may be removed only for cause

4 by a two-thirds vote of the board of directors.

5 ‘‘(c) VACANCIES.—(1) A vacancy on the Board of Review is filled in the

6 same way as the original appointment was made. An individual appointed

7 to fill a vacancy occurring before the end of the term for which the prede8 cessor of that individual was appointed is appointed for the remainder of

9 that term.

10 ‘‘(2) If the Board of Review has more than 4 vacancies and lists have

11 been provided for appointments to fill the vacancies, the Airports Authority

12 may not carry out any action required to be submitted to the Board under

13 subsection (g) of this section.

14 ‘‘(d) CONFLICTS OF INTEREST.—Every contract or agreement made or

15 entered into, or accepted by or on behalf of the Airports Authority, shall

16 contain an express condition that members of the Board of Review may not

17 have a share or part of, or receive any benefit from, the contract or agree18 ment.

19 ‘‘(e) LIABILITY.—A member of the Board of Review is not liable in con20 nection with any claim, action, or proceeding arising from service on the

21 Board.

22 ‘‘(f) ADMINISTRATIVE.—(1) The Board of Review shall establish proce23 dures for conducting its business. The procedures may include requirements

24 for a quorum at meetings and for proxy voting and for the selection of a

25 Chairman. The Board shall meet at least once each year and shall meet at

26 the call of the chairman or 3 members of the Board. A decision of the

27 Board under subsection (g) or (h) of this section must be by a vote of at

28 least 5 members of the Board.

29 ‘‘(2) The Board of Review may hire 2 staff individuals to be paid by the

30 Airports Authority. The Airports Authority shall provide clerical and sup31 port staff that the Board may require.

32 ‘‘(3) Members of the Board of Review may participate as nonvoting mem33 bers in meetings of the board of directors of the Airports Authority.

34 ‘‘(g) REVIEW OF ACTIONS OF THE AIRPORTS AUTHORITY.—(1) The fol35 lowing actions of the Airports Authority must be submitted to the Board

36 of Review at least 30 days (or at least 60 days for the annual budget) be37 fore the actions become effective:

38 ‘‘(A) the adoption of an annual budget and any amendments to the

39 budget.

40 ‘‘(B) the authorization for the issuance of bonds and an annual plan

41 for issuance of bonds and any amendments to the plan.
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1 ‘‘(C) the adoption, amendment, or repeal of a regulation.

2 ‘‘(D) the adoption or revision of a master plan.

3 ‘‘(E) the appointment of the chief executive officer.

4 ‘‘(F) the award of a contract (except a contract related to the issu5 ance or sale of bonds that is executed within 30 days of the date of

6 issuance of the bonds) that has been approved by the board of directors

7 of the Airports Authority.

8 ‘‘(G) any action of the board of directors approving a terminal de9 sign or airport layout or a modification of the design or layout.

10 ‘‘(H) the authorization for the acquisition or disposal of land and the

11 grant of a long-term easement.

12 ‘‘(2)(A) The Board of Review may make recommendations to the board

13 of directors regarding an action within the later of—

14 ‘‘(i) 30 calendar days of its submission under this subsection; or

15 ‘‘(ii) 10 calendar days (excluding Saturdays, Sundays, and holidays,

16 and any day on which neither House of Congress is in session because

17 of an adjournment sine die, a recess of more than 3 days, or an ad18 journment of more than 3 days) of its submission under this sub19 section.

20 ‘‘(B) The recommendations may include a recommendation that the ac21 tion not take effect. If the Board of Review does not make a recommenda22 tion in the applicable review period under this paragraph or if the Board

23 of Review decides during the review period that it will not make a rec24 ommendation on an action, the action may take effect.

25 ‘‘(3) If the Board of Review makes a recommendation, an action takes

26 effect only if the board of directors—

27 ‘‘(A) adopts the recommendation; or

28 ‘‘(B) evaluates the recommendation and responds, in writing, to the

29 Board of Review and transmits the action, evaluation, and response to

30 Congress as provided under paragraph (4) of this subsection and the

31 60-calendar day period described in paragraph (4) expires.

32 ‘‘(4) If the board of directors does not adopt a recommendation of the

33 Board of Review regarding an action, the board of directors shall transmit

34 to the Speaker of the House of Representatives and the President of the

35 Senate a detailed description of the action, the recommendation of the

36 Board of Review regarding the action, and the evaluation and response of

37 the board of directors to the recommendation. The action may not take ef38 fect until the expiration of 60 calendar days (excluding Saturdays, Sundays,

39 and holidays, and any day on which neither House of Congress is in session

40 because of an adjournment sine die, a recess of more than 3 days, or an
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1 adjournment of more than 3 days) beginning on the day on which the board

2 of directors transmits the material.

3 ‘‘(5) Unless an annual budget for a fiscal year has taken effect in accord4 ance with this procedure, the Airports Authority may obligate or expend

5 money in the fiscal year only for—

6 ‘‘(A) debt service on previously authorized obligations; and

7 ‘‘(B) obligations and expenditures for previously authorized capital

8 expenditures and routine operating expenses.

9 ‘‘(h) REQUEST FOR CONSIDERATION OF OTHER MATTERS.—The Board

10 of Review may request the Airports Authority to consider and vote, or to

11 report, on any matter related to the Metropolitan Washington Airports. On

12 receiving a request, the Airports Authority shall consider and vote, or re13 port, on the matter as promptly as feasible.

14 ‘‘(i) CONGRESSIONAL DISAPPROVAL PROCEDURE.—(1) In this subsection,

15 ‘resolution’—

16 ‘‘(A) means a joint resolution related to an action about which the

17 Board of Review transmits material to Congress under subsection

18 (g)(4) of this section, the matter after the resolving clause of which is

19 as follows: ‘That the Congress disapproves of the action of the board

20 of directors of the Metropolitan Washington Airports Authority de21 scribed as follows: lllll.’, with the blank space being filled ap22 propriately; but

23 ‘‘(B) does not include a resolution that specifies more than one ac24 tion.

25 ‘‘(2) This subsection is enacted by Congress—

26 ‘‘(A) as an exercise of the rulemaking power of the Senate and the

27 House of Representatives, respectively, and these provisions—

28 ‘‘(i) are deemed a part of the rule of each House, respectively,

29 but applicable only with respect to the procedure to be followed

30 in that House in the case of resolutions described by this sub31 section; and

32 ‘‘(ii) supersede other rules only to the extent that they are in33 consistent with the other rules; and

34 ‘‘(B) with complete recognition of the constitutional right of either

35 House to change the rule (as it relates to the procedure of that House)

36 at any time, in the same way, and to the same extent as any other

37 rule of that House.

38 ‘‘(3) A resolution shall be referred to the Committee on Transportation

39 and Infrastructure of the House of Representatives, or the Committee on

40 Commerce, Science, and Transportation of the Senate, by the Speaker of
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1 the House of Representatives or the President of the Senate, as the case

2 may be.

3 ‘‘(4)(A) If the committee to which a resolution has been referred does not

4 report the resolution within 20 calendar days after it is introduced, a motion

5 is in order to discharge the committee from further consideration of the res6 olution or any other resolution related to the action of the board of directors

7 that has been referred to the committee.

8 ‘‘(B) A motion to discharge may be made only by an individual favoring

9 the resolution and is highly privileged (except that the motion may not be

10 made after the committee has reported a resolution on the same action).

11 Debate on the motion is limited to not more than one hour, to be divided

12 equally between those favoring and those opposing the resolution. An

13 amendment to the motion is not in order. A motion to reconsider the vote

14 by which the motion is agreed to or disagreed to is not in order.

15 ‘‘(C) Motions to postpone shall be decided without debate.

16 ‘‘(D) If the motion to discharge is agreed to or disagreed to, the motion

17 may not be renewed and another motion to discharge the committee from

18 another resolution on the same action may not be made.

19 ‘‘(5)(A) After the Committee on Commerce, Science, and Transportation

20 of the Senate reports, or is discharged from further consideration of, a reso21 lution, a motion to proceed to the consideration of the resolution is in order

22 at any time, even though a similar previous motion has been disagreed to.

23 The motion is highly privileged and is not debatable. An amendment to the

24 motion is not in order. A motion to reconsider the vote by which the motion

25 is agreed to or disagreed to is not in order.

26 ‘‘(B) Debate in the Senate on the resolution is limited to not more than

27 10 hours, to be divided equally between those favoring and those opposing

28 the resolution. A motion further to limit debate is not debatable. An amend29 ment to, or motion to recommit, the resolution is not in order. A motion

30 to reconsider the vote by which the resolution is agreed to or disagreed to

31 is not in order.

32 ‘‘(6) The following shall be decided in the Senate without debate:

33 ‘‘(A) a motion to postpone consideration of a resolution.

34 ‘‘(B) a motion to proceed to the consideration of other business.

35 ‘‘(C) an appeal from a decision of the chair related to the application

36 of the rules of the Senate to the procedures related to a resolution.

37 ‘‘(7) The following procedures apply if, before the passage by one House

38 of a joint resolution of that House, that House receives from the other

39 House a joint resolution:
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1 ‘‘(A) The joint resolution of the other House shall not be referred

2 to a committee and, except as provided in subparagraph (B) of this

3 paragraph, may not be considered in the House receiving it.

4 ‘‘(B) With respect to a joint resolution described in subparagraph

5 (A) of this paragraph of the House receiving the joint resolution—

6 ‘‘(i) the procedure in that House shall be the same as if no joint

7 resolution had been received from the other House; but

8 ‘‘(ii) the vote on final passage shall be on the joint resolution

9 of the other House.

10 ‘‘(C) On disposition of the joint resolution received from the other

11 House, consideration of the joint resolution that originated in the re12 ceiving House is not in order.

13 ‘‘§ 49108. Federal employees at Metropolitan Washington

14 Airports

15 ‘‘(a) LABOR AGREEMENTS.—(1) The Metropolitan Washington Airports

16 Authority adopted all labor agreements that were in effect on June 7, 1987.

17 Unless the parties otherwise agree, the agreements must be renegotiated be18 fore June 7, 1992.

19 ‘‘(2) Employee protection arrangements made under this section shall en20 sure, during the 50-year lease term, the continuation of all collective bar21 gaining rights enjoyed by transferred employees retained by the Airports

22 Authority.

23 ‘‘(b) CIVIL SERVICE RETIREMENT.—Any Federal employee who trans24 ferred to the Airports Authority and who on June 6, 1987, was subject to

25 subchapter III of chapter 83 or chapter 84 of title 5, is subject to sub26 chapter III of chapter 83 or chapter 84 for so long as continually employed

27 by the Airports Authority without a break in service. For purposes of sub28 chapter III of chapter 83 and chapter 84, employment by the Airports Au29 thority without a break in continuity of service is deemed to be employment

30 by the United States Government. The Airports Authority is the employing

31 agency for purposes of subchapter III of chapter 83 and chapter 84 and

32 shall contribute to the Civil Service Retirement and Disability Fund

33 amounts required by subchapter III of chapter 83 and chapter 84.

34 ‘‘(c) ACCESS TO RECORDS.—The Airports Authority shall allow represent35 atives of the Secretary of Transportation adequate access to employees and

36 employee records of the Airports Authority when needed to carry out a duty

37 or power related to the period before June 7, 1987. The Secretary shall pro38 vide the Airports Authority access to employee records of transferring em39 ployees for appropriate purposes.
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1 ‘‘§ 49109. Nonstop flights

2 ‘‘An air carrier may not operate an aircraft nonstop in air transportation

3 between Washington National Airport and another airport that is more than

4 1,250 statute miles away from Washington National Airport.

5 ‘‘§ 49110. Relationship to and effect of other laws

6 ‘‘(a) SAME POWERS AND RESTRICTIONS UNDER OTHER LAWS.—To en7 sure that the Metropolitan Washington Airports Authority has the same

8 proprietary powers and is subject to the same restrictions under United

9 States law as any other airport except as otherwise provided in this chapter,

10 during the period that the lease authorized by section 6005 of the Metro11 politan Washington Airports Act of 1986 (Public Law 99–500, 100 Stat.

12 1783–375, Public Law 99–591, 100 Stat. 3341–378) is in effect—

13 ‘‘(1) the Metropolitan Washington Airports are deemed to be public

14 airports for purposes of chapter 471 of this title; and

15 ‘‘(2) the Act of June 29, 1940 (ch. 444, 54 Stat. 686), the First

16 Supplemental Civil Functions Appropriations Act, 1941 (ch. 780, 54

17 Stat. 1030), and the Act of September 7, 1950 (ch. 905, 64 Stat. 770),

18 do not apply to the operation of the Metropolitan Washington Airports,

19 and the Secretary of Transportation is relieved of all responsibility

20 under those Acts.

21 ‘‘(b) INAPPLICABILITY OF CERTAIN LAWS.—The Metropolitan Washing22 ton Airports and the Airports Authority are not subject to the requirements

23 of any law only because the United States Government retains the fee sim24 ple title to those airports or because of the authority of the Board of Review

25 under section 49107 of this title.

26 ‘‘(c) POLICE POWER.—Virginia has concurrent police power authority

27 over the Metropolitan Washington Airports, and the courts of Virginia may

28 exercise jurisdiction over Washington National Airport.

29 ‘‘(d) PLANNING.—(1) The authority of the National Capital Planning

30 Commission under section 5 of the Act of June 6, 1924 (40 U.S.C. 71d),

31 does not apply to the Airports Authority.

32 ‘‘(2) The Airports Authority shall consult with—

33 ‘‘(A) the Commission and the Advisory Council on Historic Preserva34 tion before undertaking any major alterations to the exterior of the

35 main terminal at Washington Dulles International Airport; and

36 ‘‘(B) the Commission before undertaking development that would

37 alter the skyline of Washington National Airport when viewed from the

38 opposing shoreline of the Potomac River or from the George Washing39 ton Parkway.

40 ‘‘(e) OPERATION LIMITATIONS.—The Administrator of the Federal Avia41 tion Administration may not increase the number of instrument flight rule
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1 takeoffs and landings authorized for air carriers by the High Density Rule

2 (14 C.F.R. 93.121 et seq.) at Washington National Airport on October 18,

3 1986, and may not decrease the number of those takeoffs and landings ex4 cept for reasons of safety.

5 ‘‘§ 49111. Separability

6 ‘‘Except as provided in section 49106(f) of this title, if a provision of this

7 chapter, or the application of a provision of this chapter to a person or cir8 cumstance, is held invalid, the remainder of this chapter and the application

9 of the provision to other persons or circumstances is not affected.’’.

10 (69)(A) Insert after section 50105 the following:

11 ‘‘CHAPTER 503—TIME LIMITATIONS ON BRINGING CER12 TAIN CIVIL ACTIONS INVOLVING GENERAL AVIATION

13 AIRCRAFT

‘‘Sec.

‘‘50301. Accidents involving general aviation aircraft.

14 ‘‘§ 50301. Accidents involving general aviation aircraft

15 ‘‘(a) DEFINITIONS AND APPLICATION.—(1) In this section—

16 ‘‘(A) ‘airworthiness certificate’ means an airworthiness certificate is17 sued under section 44704(c) of this title.

18 ‘‘(B) ‘general aviation aircraft’ means an aircraft—

19 ‘‘(i) for which the Administrator of the Federal Aviation Admin20 istration has issued a type certificate or airworthiness certificate;

21 ‘‘(ii) that had a maximum seating capacity of fewer than 20

22 passengers when the certificate originally was issued; and

23 ‘‘(iii) that, at the time of the accident, was not engaged in

24 scheduled passenger-carrying operations, as defined under regula25 tions in effect under part A of this subtitle at the time of the acci26 dent.

27 ‘‘(C) ‘type certificate’ means a type certificate issued under section

28 44704(a) of this title.

29 ‘‘(2) This section applies only to a civil action brought after August 16,

30 1994.

31 ‘‘(b) GENERAL.—A civil action for damages for death or injury to individ32 uals or damage to property arising out of an accident involving a general

33 aviation aircraft may be brought against the manufacturer of the aircraft

34 or the manufacturer of a new component, system, subassembly, or other

35 part of the aircraft, in its capacity as a manufacturer, only if the accident

36 occurs during the 18-year period beginning on the date—

37 ‘‘(1)(A) the aircraft is delivered to the first purchaser or lessee, if

38 delivered directly from the manufacturer; or
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1 ‘‘(B) of the first delivery of the aircraft to a person that sells or

2 leases general aviation aircraft; or

3 ‘‘(2) the replacement of a component, system, subassembly, or other

4 part originally in the aircraft by, or the addition of, a new component,

5 system, subassembly, or other part alleged to have caused the death,

6 injury, or damage, is completed.

7 ‘‘(c) EXCEPTIONS.—Subsection (b) of this section does not apply—

8 ‘‘(1) if the claimant pleads with specificity the information necessary

9 to prove, and proves, that, with respect to a type or airworthiness cer10 tificate for, or obligations related to the continuing airworthiness of, an

11 aircraft or a component, system, subassembly, or other part of an air12 craft, the manufacturer knowingly misrepresented to, or concealed or

13 withheld from, the Administrator required information that is material

14 or relevant to the performance, maintenance, or operation of the air15 craft, component, system, subassembly, or other part that causally is

16 related to the harm the claimant allegedly suffered;

17 ‘‘(2) if the individual for whose injury or death the claim is being

18 made is a passenger for purposes of receiving treatment for a medical

19 or other emergency or was not on the aircraft at the time of the acci20 dent; or

21 ‘‘(3) to an action brought under a written warranty enforceable

22 under law except for this section.

23 ‘‘(d) RELATIONSHIP TO OTHER LAWS.—This section supersedes State

24 law to the extent the State law allows a civil action described in subsection

25 (b) of this section to be brought after 18 years.’’.

26 (B) In the analysis for subtitle VII, insert after item 501 the follow27 ing:

‘‘503. TIME LIMITATIONS ON BRINGING CERTAIN CIVIL ACTIONS

INVOLVING GENERAL AVIATION AIRCRAFT ............................. 50301’’.

28 (70) In section 60101, strike ‘‘(a)’’ and substitute ‘‘(a) GENE29 RAL.—’’.

30 (71) In section 70113(e)(6)(D), insert ‘‘a’’ before ‘‘resolution’’.

31 SEC. 6. TECHNICAL CHANGES TO OTHER LAWS.

32 (a) Effective July 5, 1994—

33 (1) Section 4 of the Act of July 5, 1994 (Public Law 103–272, 108

34 Stat. 1360), is amended as follows:

35 (A) Subsection (f)(1)(S) is amended to read as follows:

36 ‘‘(S) In section 6101(4)(B), strike ‘agency’ the 2d time it appears

37 and substitute ‘agency.’.’’.

38 (B) In subsection (j)(18), strike ‘‘10530(i)(3)’’ and substitute

39 ‘‘10530(i)(2)’’.
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1 (2) Section 5(e)(11) of the Act of July 5, 1994 (Public Law 103–

2 272, 108 Stat. 1374), as amended by section 7(a)(4)(A) of the Act of

3 October 31, 1994 (Public Law 103–429, 108 Stat. 4389), is amended

4 to read as follows:

5 ‘‘(11) In section 2516(1)(j), strike ‘section’ the first place it appears

6 and all that follows and substitute ‘section 60123(b) (relating to de7 struction of a natural gas pipeline) or section 46502 (relating to air8 craft piracy) of title 49;’.’’.

9 (b) Effective August 26, 1994—

10 (1) Section 105(b)(2) of the Hazardous Materials Transportation

11 Act of 1994 (title I of Public Law 103–311, 108 Stat. 1674) is amend12 ed to read as follows:

13 ‘‘(2) by striking ‘the State’ the first place it appears;’’.

14 (2) Section 208(d)(1) of the Trucking Industry Regulatory Reform

15 Act of 1994 (title II of Public Law 103–311, 108 Stat. 1688) is

16 amended to read as follows:

17 ‘‘(1) by inserting ‘of passengers or household goods’ after ‘con18 tract carrier’ the first time those words appear.’’.

19 (c) Effective October 31, 1994, section 6(44)(B) of the Act of October

20 31, 1994 (Public Law 103–429, 108 Stat. 4383), is amended to read as

21 follows:

22 ‘‘(B) Add before the period at the end ‘of this title’.’’.

23 (d) Effective November 2, 1994, section 10(c)(2)(A) of the Act of Novem24 ber 2, 1994 (Public Law 103–437, 108 Stat. 4589), is repealed and section

25 107(b) of the Indian Self-Determination and Education Assistance Act (25

26 U.S.C. 450k(b)), as amended by section 105(1) of the Indian Self-Deter27 mination Act (Public Law 103–413, 108 Stat. 4269), is revived and shall

28 read as if section 10(c)(2)(A) of the Act of November 2, 1994 (Public Law

29 103–437, 108 Stat. 4589), had not been enacted.

30 (e) Section 401 of the Federal Election Campaign Act of 1971 (2 U.S.C.

31 451) is amended by striking ‘‘such Secretary’’ and substituting ‘‘the Sec32 retary’’.

33 (f) Section 917(a)(4) of the Consumer Credit Protection Act (15 U.S.C.

34 1693o(a)(4)) is amended by striking ‘‘Civil Aeronautics Board’’ and sub35 stituting ‘‘Secretary of Transportation’’.

36 (g) In section 17(d) of the Noise Control Act of 1972 (Public Law 92–

37 574, 86 Stat. 1249), strike ‘‘such terms have under the first section of the

38 Act of February 17, 1911 (45 U.S.C. 22)’’ and substitute ‘‘the term ‘rail39 road carrier’ has in section 20102 of title 49, United States Code’’.

40 (h) The Comprehensive Environmental Response, Compensation, and Li41 ability Act of 1980 (42 U.S.C. 9601 et seq.) is amended as follows:
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1 (1) In section 101(26), strike ‘‘the Pipeline Safety Act’’ and sub2 stitute ‘‘section 60101(a) of title 49, United States Code’’.

3 (2) In section 107(c)(1)(C), strike ‘‘the Hazardous Liquid Pipeline

4 Safety Act of 1979’’ and substitute ‘‘section 60101(a) of title 49,

5 United States Code’’.

6 SEC. 7. REPEAL OF OTHER LAWS.

7 The following are repealed:

8 (1) Section 119 ‘‘Sec. 404(f)’’ of the Amtrak Reorganization Act of

9 1979 (Public Law 96–73, 93 Stat. 547).

10 (2) Sections 1(a)(3) and (b), 2, and 4–6 of the Reorganization Plan

11 No. 2 of 1968 (effective June 30, 1968, 82 Stat. 1369, 1370).

12 (3) Section 5005 of the Intermodal Surface Transportation Effi13 ciency Act (49 U.S.C. 301(note)).

14 (4) Section 317 of the Department of Transportation and Related

15 Agencies Appropriations Act, 1995 (49 U.S.C. 44502(note)).

16 SEC. 8. EFFECTIVE DATE.

17 The amendments made by section 5 (44), (48), (49), (52), and (61) of

18 this Act shall take effect on July 5, 1994.

19 SEC. 9. LEGISLATIVE PURPOSE AND CONSTRUCTION.

20 (a) NO SUBSTANTIVE CHANGE.—This Act restates, without substantive

21 change, laws enacted before September 1, 1995, that were replaced by this

22 Act. This Act may not be construed as making a substantive change in the

23 laws replaced. Laws enacted after August 31, 1995, that are inconsistent

24 with this Act supersede this Act to the extent of the inconsistency.

25 (b) REFERENCES.—A reference to a law replaced by this Act, including

26 a reference in a regulation, order, or other law, is deemed to refer to the

27 corresponding provision enacted by this Act.

28 (c) CONTINUING EFFECT.—An order, rule, or regulation in effect under

29 a law replaced by this Act continues in effect under the corresponding provi30 sion enacted by this Act until repealed, amended, or superseded.

31 (d) ACTIONS AND OFFENSES UNDER PRIOR LAW.—An action taken or

32 an offense committed under a law replaced by this Act is deemed to have

33 been taken or committed under the corresponding provision enacted by this

34 Act.

35 (e) INFERENCES.—An inference of a legislative construction is not to be

36 drawn by reason of the location in the United States Code of a provision

37 enacted by this Act or by reason of a caption or catchline of the provision.

38 (f) SEVERABILITY.—If a provision enacted by this Act is held invalid, all

39 valid provisions that are severable from the invalid provision remain in ef40 fect. If a provision enacted by this Act is held invalid in any of its applica-
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1 tions, the provision remains valid for all valid applications that are severable

2 from any of the invalid applications.

3 SEC. 10. REPEALS.

4 (a) INFERENCES OF REPEAL.—The repeal of a law by this Act may not

5 be construed as a legislative inference that the provision was or was not in

6 effect before its repeal.

7 (b) REPEALER SCHEDULE.—The laws specified in the following schedule

8 are repealed, except for rights and duties that matured, penalties that were

9 incurred, and proceedings that were begun before the date of enactment of

10 this Act:

Schedule of Laws Repealed

Statutes at Large

Date

Chapter

or Public

Law

Section

Statutes at Large U.S. Code

Volume Page Title Section

1916

Sept. 3, 5 436 ......... ....................................................... 39 721, 722 ... 45 65, 66

1986

Oct. 18 99–500 ... 6001–6012 .................................... 100 1783–373 .. ....... ...................... Oct. 30 99–591 ... 6001–6012 .................................... 100 3341–376 .. ....... ......................

1991

Dec. 18 102–240 . 7001–7004 .................................... 105 2197 .......... ....... ......................

1994

Aug. 17 103–298 . ....................................................... 108 1552 .......... 49 40101(note)

Æ

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104TH CONGRESS

1ST SESSION H. R.

IN THE HOUSE OF REPRESENTATIVES

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

A BILL

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