Calendar No. 222

104TH CONGRESS

1ST SESSION S. 288

[Report No. 104–166]

A BILL

To abolish the Board of Review of the Metropolitan

purposes.Washington Airports Authority, and for other

NOVEMBER 2, 1995

Reported with an amendment
II

Calendar No. 222

104TH CONGRESS

1ST SESSION S. 288

[Report No. 104–166]

To abolish the Board of Review of the Metropolitan Washington Airports

Authority, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 26 (legislative day, JANUARY 10), 1995

Mr. MCCAIN (for himself, Mr. WARNER, and Mr. ROBB) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

NOVEMBER 2, 1995

Reported by Mr. PRESSLER, with an amendment

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

A BILL

To abolish the Board of Review of the Metropolitan

Washington Airports Authority, 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,
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1 SECTION 1. ABOLITION OF BOARD OF REVIEW AND RELAT2 ED AUTHORITY.

3 (a) ABOLITION OF BOARD OF REVIEW.—Section

4 6007 of the Metropolitan Washington Airports Act of

5 1986 (100 Stat. 1783–379) is amended—

6 (1) by striking subsections (f) and (h);

7 (2) by redesignating subsection (g) as sub8 section (f); and

9 (3) by redesignating subsection (i) as subsection

10 (g).

11 (b) CONFORMING AMENDMENTS.—

12 (1) RELATIONSHIP TO AND EFFECT OF OTHER

13 LAWS.—Section 6009(b) of the Metropolitan Wash14 ington Airports Act of 1986 (100 Stat. 1783–384)

15 is amended by striking ‘‘or by reason of the author16 ity’’ and all that follows through the end of the sub17 section and inserting a period.

18 (2) SEPARABILITY.—Section 6011 of the Met19 ropolitan Washington Airports Act of 1986 (100

20 Stat. 1783–385) is amended by striking ‘‘Except as

21 provided in section 6007(h), if’’ and inserting ‘‘If’’.

22 SEC. 2. ELIMINATION OF RESERVED PARKING AREAS.

23 (a) IN GENERAL.—Effective 30 days after the date

24 of enactment of this Act, the Airports Authority—

25 (1) shall not provide any reserved parking areas

26 free of charge to Members of Congress, other Gov-
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1 ernment officials, or diplomats at Washington Na2 tional Airport or Washington Dulles International

3 Airport; and

4 (2) shall establish a parking policy for such air5 ports that provides equal access to the public, and

6 does not provide preferential parking privileges to

7 Members of Congress, other Government officials, or

8 diplomats.

9 (b) DEFINITIONS.—For purposes of this section, the

10 terms ‘‘Airports Authority’’, ‘‘Washington National Air11 port’’, and ‘‘Washington Dulles International Airport’’

12 have the same meanings as in section 6004 of the Metro13 politan Washington Airports Act of 1986.

14 SEC. 3. ELIMINATION OF PERIMETER RULE WITH RESPECT

15 TO CERTAIN NONSTOP FLIGHTS.

16 (a) REPEAL.—Section 6012 of the Metropolitan

17 Washington Airports Act of 1986 (100 Stat. 1783–385)

18 is hereby repealed.

19 (b) PROHIBITION.—Section 6007 of the Metropolitan

20 Washington Airports Act of 1986 (100 Stat. 1783–379),

21 as amended by section 1, is amended by adding at the

22 end the following:

23 ‘‘(h) PROHIBITION ON IMPOSITION OF PERIMETER

24 RULE.—Effective on the date of enactment of this sub25 section, the Airports Authority may not impose any limita-
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1 tion relating to the maximum distance over which an air

2 carrier may operate an aircraft nonstop in air transpor3 tation between Washington National Airport and any

4 other airport.’’.

5 SEC. 4. CONFORMING AMENDMENTS IN OTHER LAW.

6 Any reference in any Federal law, Executive order,

7 rule, regulation, or delegation of authority to the Board

8 of Review of the Metropolitan Washington Airports Au9 thority or the provisions of law repealed under this Act

10 is hereby repealed.

11 SECTION 1. ABOLITION OF BOARD OF REVIEW AND RELAT12 ED AUTHORITY.

13 (a) ABOLITION OF BOARD OF REVIEW.—Section 6007

14 of the Metropolitan Washington Airports Act of 1986 (for15 merly 49 U.S.C. App. 2456) is amended—

16 (1) by striking subsections (f) and (h);

17 (2) by redesignating subsection (g) as subsection

18 (f); and

19 (3) by redesignating subsection (i) as subsection

20 (g).

21 (b) CONFORMING AMENDMENTS.—

22 (1) RELATIONSHIP TO AND EFFECT OF OTHER

23 LAWS.—Section 6009(b) of the Metropolitan Washing24 ton Airports Act of 1986 (formerly 49 U.S.C. App.

25 2458(b)) is amended by striking ‘‘or by reason of the
5

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1 authority’’ and all that follows through the end of the

2 subsection and inserting a period.

3 (2) SEPARABILITY.—Section 6011 of the Metro4 politan Washington Airports Act of 1986 (formerly 49

5 U.S.C. App. 2460) is amended by striking ‘‘Except as

6 provided in section 6007(h), if’’ and inserting ‘‘If’’.

7 (c) PROTECTION OF CERTAIN ACTIONS.—Any action

8 taken by the Airports Authority and submitted to the Board

9 of Review pursuant to section 6007(f)(4) of the Metropolitan

10 Washington Airports Act of 1986 before April 1, 1995, shall

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

12 of a judicial order invalidating certain functions of the

13 Board of Review.

14 SEC. 2. SENSE OF THE SENATE.

15 It is the sense of the Senate that the Airports Author16 ity—

17 (1) should not provide any reserved parking

18 areas free of charge to Members of Congress, other

19 Government officials, or diplomats at Washington Na20 tional Airport or Washington Dulles International

21 Airport; and

22 (2) should establish a parking policy for such

23 airports that provides equal access to the public, and

24 does not provide preferential parking privileges to
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1 Members of Congress, other Government officials, or

2 diplomats.

3 SEC. 3. CONFORMING AMENDMENTS IN OTHER LAW.

4 Any reference in any Federal law, Executive order,

5 rule, regulation, or delegation of authority to the Board of

6 Review or the provisions of law repealed under this Act is

7 hereby repealed.

8 SEC. 4. DEFINITIONS.

9 For purposes of this Act—

10 (1) the terms ‘‘Airports Authority’’, ‘‘Washington

11 National Airport’’, and ‘‘Washington Dulles Inter12 national Airport’’ have the same meanings as in sec13 tion 6004 of the Metropolitan Washington Airports

14 Act of 1986; and

15 (2) the term ‘‘Board of Review’’ means the Board

16 of Review of the Airports Authority.

17 SEC. 5. INCREASE IN NUMBER OF PRESIDENTIALLY-AP18 POINTED MEMBERS OF BOARD.

19 (a) IN GENERAL.—Section 6007(e) of the Metropolitan

20 Washington Airports Act of 1986 (formerly 49 U.S.C. App.

21 2456(e)) is amended—

22 (1) by striking ‘‘11 members,’’ in paragraph (1)

23 and inserting ‘‘13 members’’;

24 (2) by striking ‘‘one member’’ in paragraph

25 (1)(D) and inserting ‘‘3 members’’; and
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1 (3) by striking ‘‘Seven’’ in paragraph (5) and

2 inserting ‘‘Eight’’.

3 (b) STAGGERING TERMS FOR PRESIDENTIAL AP4 POINTEES.—Of the members first appointed by the Presi5 dent after the date of enactment of this Act—

6 (1) one shall be appointed for a term that expires

7 simultaneously with the term of the member of the

8 Metropolitan Washington Airports Authority board of

9 directors serving on that date (or, if there is a va10 cancy in that office, the member appointed to fill the

11 existing vacancy and the member to whom this para12 graph applies shall be appointed for 2 years);

13 (2) one shall be appointed for a term ending 2

14 years after the term of the member (or members) to

15 whom paragraph (1) applies expires; and

16 (3) one shall be appointed for a term ending 4

17 years after the term of the member (or members) to

18 whom paragraph (1) applies expires.

19 SEC. 6. RECONSTITUTED BOARD TO FUNCTION WITHOUT

20 INTERRUPTION.

21 Notwithstanding any provision of State law, including

22 those provisions establishing, providing for the establish23 ment of, or recognizing the Metropolitan Washington Air24 ports Authority, and based upon the Federal interest in the

25 continued functioning of the Metropolitan Washington Air-
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1 ports (as defined in section 6004(4) of the Metropolitan

2 Washington Airports Authority Act of 1986 (formerly 49

3 U.S.C. App. 2451(4)), the board of directors of such Author4 ity, including any members appointed under the amend5 ments made by section 5, shall continue to meet and act

6 after the date of enactment of this Act until such time as

7 any necessary conforming changes in State law are made

8 in the same manner as if those conforming changes had been

9 enacted on the date of enactment of this Act.

10 SEC. 7. STATUS UNAFFECTED.

11 Nothing in this Act, or the amendments made by this

12 Act, shall affect the treatment of the Metropolitan Washing13 ton Airports Authority under Federal, State, or local tax

14 law.

15 SEC. 8. OPERATIONAL SLOTS AT NATIONAL AIRPORT.

16 Nothing in this Act shall affect the number or distribu17 tion of operational slots at National Airport.