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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. TITLE 18, UNITED STATES CODE.
Section 2721(b) of title 18, United States Code, is amended as follows:
(1) In the matter before clause (1), strike ‘‘the Automobile Informa-
tion Disclosure Act, the Motor Vehicle Information and Cost Saving
Act, the National Traffic and Motor Vehicle Safety Act of 1966, the
Anti-Car Theft Act of 1992, and the Clean Air Act’’ and substitute ‘‘ti-
tles I and IV of the Anti Car Theft Act of 1992, the Automobile Infor-
mation Disclosure Act (15 U.S.C. 1231 et seq.), the Clean Air Act (42
U.S.C. 7401 et seq.), and chapters 301, 305, and 321–331 of title 49’’.
(2) In clause (9), strike ‘‘the Commercial Motor Vehicle Safety Act
of 1986 (49 U.S.C. 2710 et seq.)’’ and substitute ‘‘chapter 313 of title
49’’.
SECTION 2. TITLE 23, UNITED STATES CODE.
In the catchline for section 103(e)(4)(L) of title 23, United States Code,
strike ‘‘FTA’’ and substitute ‘‘CHAPTER 53 OF TITLE 49’’.
SECTION 3. TITLE 31, UNITED STATES CODE.
Title 31, United States Code, is amended as follows:
(1) In section 1105(a), redesignate clauses (27) through the end as
clauses (26) through the end.
(2) Section 9101(2) is amended as follows:
(A) Clause (J) is repealed.
(B) In clause (K), strike ‘‘The’’ and substitute ‘‘the’’.
(C) Redesignate clauses (K) through the end as clauses (J)
through the end.
SECTION 4. TITLE 39, UNITED STATES CODE.
In section 5201(5) of title 39, United States Code, strike ‘‘section
10102(14)’’ and substitute ‘‘section 10102(15)’’.
SECTION 5. TITLE 49, UNITED STATES CODE.
Title 49, United States Code, is amended as follows:
(1) In section 111(b)(4) and (g), strike ‘‘the date of the enactment
of this section’’ and substitute ‘‘December 18, 1991’’.
(2) Section 329 is amended as follows:
(A) In subsection (b)(1), strike ‘‘(as those terms are used in
such Act)’’ and substitute ‘‘(as that term is used in part A of sub-
title VII of this title)’’.
(B) In subsection (d), strike ‘‘that Act’’ and substitute ‘‘that
part’’.
(3) In section 521(b)(1)(B), strike ‘‘the date of enactment of this
subparagraph’’ and substitute ‘‘November 3, 1990’’.
(4) In sections 5119(b)(2), 5309(g)(1)(B) and (m)(3), 5328(b)(3),
5334(b)(1), 
5335(b)–(d), 
31134(c)(1)(B) 
and 
(C) 
and 
(2),
40112(e)(2), 41105(b), 41310(f), 41714(e)(2), 42104(b), 44506(d),
44913(a)(2), 47107(k), 48102(d)(2), and 48109, strike ‘‘Public Works
and Transportation’’ and substitute ‘‘Transportation and Infrastruc-
ture’’.
(5) In section 10101(a)(3), insert ‘‘section 31138 of this title and’’
after ‘‘enacted by’’.
(6) In sections 10309(a), 20134(c)(2), 20145, 22108(b), 24314(b),
24702(c), and 24903(a), strike ‘‘Committee on Energy and Commerce’’
and substitute ‘‘Committee on Transportation and Infrastructure’’.
(7) In section 10321(b)(4), strike ‘‘10922(c)(2)’’ and substitute
‘‘10922(d)(2)’’.
(8) In section 10322(a), strike ‘‘10922(i)(2), 10922(i)(4)’’ and
‘‘10922(c)(2)(A)’’ and substitute ‘‘10922(j)(2), 10922(j)(4)’’ and
‘‘10922(d)(2)(A)’’, respectively.
(9) In section 10362(a)(2), strike ‘‘10905(b)(2)(A)’’ and substitute
‘‘10905(d)(2)(A)’’.
(10) In the analysis of chapter 105, strike item 10504 and sub-
stitute—
‘‘10504. Mass transportation exemption.’’.
(11) In the catchline of section 10504, strike ‘‘Exempt rail mass
transportation’’ and substitute ‘‘Mass transportation ex-
emption’’.
(12) In section 10505(g), strike ‘‘fitness..’’ and substitute ‘‘fitness.’’.
(13) In section 10521(b)(1)–(3), strike ‘‘10922(c)(2)’’ and substitute
‘‘10922(d)(2)’’.
(14) In section 10528, strike ‘‘10922(b)’’ and substitute ‘‘10922(c)’’.
(15) Section 10530 is amended as follows:
(A) In subsection (e)(2)(A), strike ‘‘section 30 of the Motor
Carrier Act of 1980’’ and substitute ‘‘section 31139 of this title’’.
(B) In subsection (i)(1), strike ‘‘10922(l) of this title on the ef-
fective date of this section’’ and substitute ‘‘10922(m) of this title
on May 1, 1985’’.
(16) Section 10701(f)(8) is amended as follows:
(A) In the catchline for subclause (B), strike ‘‘DATE OF ENACT-
MENT’’ and substitute ‘‘DECEMBER 3, 1993’’.
(B) In subclause (B), before subclause (i), strike ‘‘the date of
the enactment of this subsection’’ and substitute ‘‘December 3,
1993,’’.
(C) In subclauses (B)(ii) and (D)(ii), strike ‘‘the 90th day fol-
lowing the date of the enactment of this subsection’’ and sub-
stitute ‘‘March 3, 1994’’.
(D) In the catchline for subclauses (C) and (D), strike ‘‘BEFORE
OR ON DATE OF ENACTMENT’’ and substitute ‘‘BEFORE DECEMBER
4, 1993’’.
(E) In subclause (C), strike ‘‘before or on the date of the enact-
ment of this subsection’’ and substitute ‘‘before December 4,
1993’’.
(F) In subclause (D), before subclause (i), strike ‘‘before or on
the date of the enactment of this subsection’’ and substitute ‘‘be-
fore December 4, 1993,’’.
(17) In section 10702(c)(1), strike ‘‘the 90th day following the date
of the enactment of this subsection’’ and substitute ‘‘March 3, 1994’’.
(18) In section 10703(a)(4)(E), strike ‘‘the date of enactment of this
subparagraph’’ and substitute ‘‘July 1, 1980’’.
(19) In sections 10704(a)(3) and (4), 10705a(p)(1), 10706(a)(5)(C),
10707a(c)(1), 
10709(d)(2)(A) 
and 
(5)(A), 
10910(g)(2), 
and
11501(b)(3)(B), strike ‘‘the effective date of the Staggers Rail Act of
1980’’ and substitute ‘‘October 1, 1980,’’.
(20) In sections 10705a(b)(2) and (c)(1), 10707a(c)(2)(B), 10713(j)
and (m)(3), 10731(e), 10910(a)(2) and (k), 11161(f), 11162(a),
11164(a), 11167, and 11501(b)(2), strike ‘‘the effective date of the
Staggers Rail Act of 1980’’ and substitute ‘‘October 1, 1980’’.
(21) Section 10706(b)(3) is amended as follows:
(A) In subparagraph (B)(ii), strike ‘‘the date of enactment of
this subsection’’ and substitute ‘‘July 1, 1980’’.
(B) In subparagraph (C), strike ‘‘the date of enactment of the
Motor Carrier Act of 1980’’ and substitute ‘‘July 1, 1980,’’.
(C) In subparagraph (F), strike ‘‘the effective date of this sub-
paragraph’’ and substitute ‘‘November 19, 1982’’.
(22) Section 10708 is amended as follows:
(A) In subsection (d)(3)(A), strike ‘‘the date of enactment of
this paragraph’’ and substitute ‘‘July 1, 1980,’’.
(B) In subsection (d)(3)(B), strike ‘‘the date of enactment of
this paragraph’’ and substitute ‘‘July 1, 1980’’.
(C) In subsection (d)(4)(B), strike ‘‘the effective date of this
paragraph’’ and substitute ‘‘November 19, 1982’’.
(D) In subsection (d)(5), strike ‘‘the effective date of this para-
graph’’ and ‘‘the effective date’’ and substitute in both places ‘‘No-
vember 19, 1982’’.
(E) In subsection (e), strike ‘‘the effective date of this sub-
section’’ and substitute ‘‘November 19, 1982’’.
(23) In section 10711, strike ‘‘10727,’’.
(24) In section 10713(b)(2)(C) and (D), strike ‘‘the date of the en-
actment of the Conrail Privatization Act’’ and substitute ‘‘October 21,
1986’’.
(25) In section 10751(c), strike ‘‘the date of enactment of the Motor
Carrier Act of 1980’’ and substitute ‘‘July 1, 1980’’.
(26) Section 10762 is amended as follows:
(A) Subsection (a) is amended as follows:
(i) In paragraph (1), strike ‘‘the date of enactment of such
Act’’ and substitute ‘‘August 26, 1994’’.
(ii) In paragraph (5), strike ‘‘the date of enactment of the
Trucking Industry Regulatory Reform Act of 1994’’, ‘‘the en-
actment of that Act’’, and ‘‘that date’’, and substitute ‘‘Au-
gust 26, 1994,’’, ‘‘August 26, 1994,’’, and ‘‘August 26,
1994’’, respectively.
(B) Subsections (h) and (i) are amended as follows:
(i) Strike ‘‘the date of the enactment of this subsection’’
and substitute ‘‘December 3, 1993,’’.
(ii) Strike ‘‘such date of enactment’’ and substitute ‘‘De-
cember 3, 1993’’.
(C) In subsection (j), strike ‘‘the date of enactment of the
Trucking Industry Regulatory Reform Act of 1994’’ and sub-
stitute ‘‘August 26, 1994’’.
(27) Section 10766(c) is amended as follows:
(A) Before clause (1), strike ‘‘the date of the enactment of the
Surface Freight Forwarder Deregulation Act of 1986’’ and sub-
stitute ‘‘October 22, 1986’’.
(B) In clause (2), strike ‘‘801–842’’ and ‘‘843–848’’ and sub-
stitute ‘‘801 et seq.’’ and ‘‘843 et seq.’’, respectively.
(28) In section 10767(a), strike ‘‘the date of the enactment of this
section’’ and substitute ‘‘December 3, 1993’’.
(29) Section 10922 is amended as follows:
(A) In subsection (d)(1)(F)(i), strike ‘‘the date of the enactment
of this paragraph’’ and substitute ‘‘April 2, 1987,’’.
(B) In subsection (d)(2)(A), strike ‘‘the effective date of this
subsection’’ and substitute ‘‘November 19, 1982,’’.
(C) In subsection (d)(2)(B), strike ‘‘the effective date of this
section’’ and substitute ‘‘November 19, 1982,’’.
(D) In subsection (d)(3)(E), strike ‘‘the date of the enactment
of this subparagraph’’ and substitute ‘‘April 2, 1987,’’.
(E) In subsection (d)(6), strike ‘‘section 18 of the Bus Regu-
latory Reform Act of 1982’’ and substitute ‘‘section 31138 of this
title’’.
(F) In subsection (d)(7), strike ‘‘10922(i)(4)’’ and substitute
‘‘10922(j)(4)’’.
(G) In subsection (j)(1), strike ‘‘the date of enactment of this
subsection’’ and substitute ‘‘July 1, 1980’’.
(H) In subsection (j)(3), strike ‘‘the effective date of this para-
graph’’ and substitute ‘‘November 19, 1982’’.
(I) In subsection (m)(1), strike ‘‘the effective date of this sub-
section’’ and substitute ‘‘September 20, 1982’’.
(30) Section 10923 is amended as follows:
(A) Strike ‘‘households’’ each place it appears and substitute
‘‘household’’.
(B) In subsection (c)(2), strike ‘‘section 18 of the Bus Regu-
latory Reform Act of 1982’’ and substitute ‘‘section 31138 of this
title’’.
(31) In section 10927(a)(1), strike ‘‘section 30 of the Motor Carrier
Act of 1980, section 18 of the Bus Regulatory Reform Act of 1982,’’
and substitute ‘‘sections 31138 and 31139 of this title’’.
(32) Section 10935 is amended as follows:
(A) In subsection (e)(2)(B), strike ‘‘the effective date of this
section, or is granted on or after such effective date’’ and sub-
stitute ‘‘November 19, 1982, or is granted on or after November
19, 1982’’.
(B) In subsection (h), strike ‘‘10922(c)(4)’’ and substitute
‘‘10922(d)(4)’’.
(33) In section 11128(a)(1), strike ‘‘11123(a)(4)’’ and substitute
‘‘11123(a)(1)(D)’’.
(34) In section 11164(a), strike ‘‘the day prior to the effective date
of the Staggers Rail Act of 1980’’ and substitute ‘‘September 30,
1980’’.
(35) In section 11342(b)(2), strike ‘‘the date of enactment of this
paragraph’’ and substitute ‘‘October 15, 1980’’.
(36) In section 11506(c)(1), strike ‘‘the date of the enactment of the
Intermodal Surface Transportation Efficiency Act of 1991’’ and ‘‘such
date of enactment’’ and substitute in both places ‘‘December 18,
1991’’.
(37) Section 11706 is amended as follows:
(A) In subsection (a)(1), strike ‘‘the date of the enactment of
the Negotiated Rates Act of 1993’’ and substitute ‘‘December 3,
1993’’.
(B) In subsection (b)(1), strike ‘‘the date of the enactment of
the Negotiated Rate Act of 1993’’ and substitute ‘‘December 3,
1993’’.
(38) In section 11712(c), strike ‘‘the date of the enactment of this
section’’ and substitute ‘‘December 3, 1993’’.
(39) In section 11901(g), strike ‘‘the date of enactment of this sen-
tence’’ and ‘‘such date of enactment’’ and substitute ‘‘October 15,
1980’’ and ‘‘October 15, 1980,’’, respectively.
(40) Section 20133(b) is amended as follows:
(A) In paragraph (1), strike ‘‘the date of enactment of the Fed-
eral Railroad Safety Authorization Act of 1994’’ and substitute
‘‘November 2, 1994’’.
(B) In paragraph (2), strike ‘‘such date of enactment’’ and sub-
stitute ‘‘November 2, 1994’’.
(41) In sections 20145, 20146, and 20151(a) and (c), strike ‘‘the
date of enactment of the Federal Railroad Safety Authorization Act of
1994’’ and substitute ‘‘November 2, 1994’’.
(42) In section 20152(b), strike ‘‘the date of enactment of this sec-
tion’’ and ‘‘that date’’ and substitute ‘‘November 2, 1994’’ and ‘‘No-
vember 2, 1994,’’, respectively.
(43) In section 20153(g), strike ‘‘the date of enactment of this sec-
tion’’ wherever it appears and substitute ‘‘November 2, 1994’’.
(44) Add at the end of section 20301(b) the following:
‘‘(4) a car, locomotive, or train used on a street railway.’’.
(45)(A) Insert after section 28102 the following:
‘‘CHAPTER 283—MAXIMUM HOURS OF WORK
‘‘Sec.
‘‘28301. General.
‘‘28302. Penalties.
‘‘§ 28301. General
‘‘(a) EIGHT HOUR DAY.—In contracts for labor and service, 8 hours shall
be a day’s work and the standard day’s work for determining the compensa-
tion for services of an employee employed by a common carrier by railroad
subject to subtitle IV of this title and actually engaged in any capacity in
operating trains used for transporting passengers or property on railroads
from—
‘‘(1) a State of the United States or the District of Columbia to any
other State or the District of Columbia;
‘‘(2) one place in a territory or possession of the United States to
another place in the same territory or possession;
‘‘(3) a place in the United States to an adjacent foreign country; or
‘‘(4) a place in the United States through a foreign country to any
other place in the United States.
‘‘(b) APPLICATION.—Subsection (a) of this section—
‘‘(1) does not apply to—
‘‘(A) an independently owned and operated railroad not exceed-
ing one hundred miles in length;
‘‘(B) an electric street railroad; and
‘‘(C) an electric interurban railroad; but
‘‘(2) does apply to an independently owned and operated railroad less
than one hundred miles in length—
‘‘(A) whose principal business is leasing or providing terminal
or transfer facilities to other railroads; or
‘‘(B) engaged in transfers of freight between railroads or be-
tween railroads and industrial plants.
‘‘§ 28302. Penalties
‘‘A person violating section 28301 of this title shall be fined under title
18, imprisoned not more one year, or both.’’.
(B) In the analysis for subtitle V, insert after item 281 the following:
‘‘283.
MAXIMUM HOURS OF WORK ....................................................................
28301’’.
(46) In section 30144(a)(1)(A), strike ‘‘Organization’’ and substitute
‘‘Organizations’’.
(47) In section 30168(c), strike ‘‘Committees on Energy and Com-
merce and Public Works and Transportation’’ and substitute ‘‘Commit-
tees on Commerce and Transportation and Infrastructure’’.
(48) In section 32702(8), insert ‘‘any’’ after ‘‘or’’.
(49) Section 32705 is amended as follows:
(A) In the catchline for subsection (a), strike ‘‘WRITTEN’’.
(B) Subsection (a)(2) and (3) is amended to read as follows:
‘‘(2) A person transferring ownership of a motor vehicle may not violate
a regulation prescribed under this section or give a false statement to the
transferee in making the disclosure required by such a regulation.
‘‘(3) A person acquiring a motor vehicle for resale may not accept a writ-
ten disclosure under this section unless it is complete.’’.
(D) In subsection (b)(3)(A), strike ‘‘may’’ and ‘‘only if’’ and
substitute ‘‘may not’’ and ‘‘unless’’, respectively.
(50) In sections 32904(b)(6)(C) and 32905(g), strike ‘‘Committee on
Energy and Commerce’’ and substitute ‘‘Committee on Commerce’’.
(51) In the analysis of subtitle VII, strike the item related to part
D and item 491 and substitute—
‘‘PART D—PUBLIC AIRPORTS
‘‘491.
METROPOLITAN WASHINGTON AIRPORTS ..........................................
49101
‘‘PART E—MISCELLANEOUS
‘‘501.
BUY-AMERICAN PREFERENCES ..............................................................
50101’’.
(52) In section 40109(c), insert ‘‘41311, 41312,’’ after ‘‘41308–
41310(a),’’ and ‘‘41714, 41715,’’ after ‘‘41712,’’.
(53) In section 40116(d)(2)(A)(iv), strike ‘‘Levy’’ and ‘‘the date of
enactment of this clause’’ and substitute ‘‘levy’’ and ‘‘August 23,
1994’’, respectively.
(54) Section 40117(e)(2) is amended as follows:
(A) In clause (B), insert ‘‘and’’ after the semicolon.
(B) Strike clause (C).
(C) Redesignate clause (D) as clause (C).
(55) In the catchline for section 40118(d), strike ‘‘TRANSPORTATION
BY FOREIGN AIR CARRIERS’’ and substitute ‘‘CERTAIN TRANSPOR-
TATION BY AIR OUTSIDE THE UNITED STATES’’.
(56)(A) Add at the end of chapter 401 the following:
‘‘§ 40121. Interstate agreements for airport facilities
‘‘Congress consents to a State making an agreement, not in conflict with
a law of the United States, with another State to develop or operate an air-
port facility.’’.
(B) In the analysis for chapter 401, insert after item 40120 the fol-
lowing:
‘‘40121.
Interstate agreements for airport facilities.’’.
(57) In section 41714(d)(1), strike ‘‘sections 6005(c)(5) and 6009(e)
of the Metropolitan Washington Airports Act of 1986’’ and substitute
‘‘sections 49104(a)(5) and 49110(e) of this title’’.
(58) In sections 44501(c)(1), 44511(e), 48102(c)(2)(A) and (d)(2),
and 70112(d)(1), strike ‘‘Science, Space, and Technology’’ and sub-
stitute ‘‘Science’’.
(59) Section 44502 is amended as follows:
(A) In subsection (c)(1), strike ‘‘To ensure that’’ and substitute
‘‘To ensure’’.
(B) Strike subsection (e) and redesignate subsection (f) as sub-
section (e).
(60) In section 45301(c)(5), strike ‘‘the date of the enactment of
this subsection’’ and substitute ‘‘August 23, 1994,’’.
(61) In section 46301(a)(1)(A), insert ‘‘44718,’’ after ‘‘44702–
44716,’’.
(62) In section 47107(l )(1), strike ‘‘the date of the enactment of
this subsection’’ and substitute ‘‘August 23, 1994’’.
(63) Section 47115 is amended as follows:
(A) Subsection (f)(2) as enacted by section 112(d) of the Fed-
eral Aviation Administration Authorization Act of 1994 (Public
Law 103–305, 108 Stat. 1576) is amended by striking ‘‘the date
of the enactment of this subsection’’ and substituting ‘‘August 23,
1994’’.
(B) Subsection (f) as enacted by section 6(67) of the Act of Oc-
tober 31, 1994 (Public Law 103–429, 108 Stat. 4386), is redesig-
nated subsection (g).
(64) In section 47118(a), strike ‘‘on or before the date of the enact-
ment of this sentence’’ and substitute ‘‘before August 24, 1994’’.
(65) Section 47129 is amended as follows:
(A) In subsection (a)(1), strike ‘‘of this subtitle’’ and substitute
‘‘of this title’’.
(B) In subsections (b), (e)(2), and (f)(2), strike ‘‘the date of the
enactment of this section’’ and substitute ‘‘August 23, 1994’’.
(C) In subsection (e)(3), strike ‘‘such date of enactment’’ and
substitute ‘‘August 23, 1994’’.
(66) In section 47509(d), strike ‘‘the date of the enactment of this
section’’ and substitute ‘‘August 23, 1994’’.
(67)(A) Part D is redesignated as part E.
(B) Chapter 491 is redesignated as chapter 501.
(C) Items 49101–49105 in the analysis of chapter 501, as redesig-
nated by subparagraph (B) of this paragraph, are redesignated as
items 50101–50105.
(D) Sections 49101–49105 are redesignated as sections 50101–
50105.
(68) Insert after part C of subtitle VII the following:
‘‘PART D—PUBLIC AIRPORTS
‘‘CHAPTER 491—METROPOLITAN WASHINGTON
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.
‘‘§ 49101. Findings
‘‘Congress finds that—
‘‘(1) the 2 federally owned airports in the metropolitan area of the
District of Columbia constitute an important and growing part of the
commerce, transportation, and economic patterns of Virginia, the Dis-
trict of Columbia, and the surrounding region;
‘‘(2) Baltimore/Washington International Airport, owned and oper-
ated by Maryland, is an air transportation facility that provides service
to the greater Metropolitan Washington region together with the 2 fed-
erally owned airports, and timely Federal-aid grants to Baltimore/
Washington International Airport will provide additional capacity to
meet the growing air traffic needs and to compete with other airports
on a fair basis;
‘‘(3) the United States Government has a continuing but limited in-
terest in the operation of the two federally owned airports, which serve
the travel and cargo needs of the entire Metropolitan Washington re-
gion as well as the District of Columbia as the national seat of govern-
ment;
‘‘(4) operation of the Metropolitan Washington Airports by an inde-
pendent local authority will facilitate timely improvements at both air-
ports to meet the growing demand of interstate air transportation occa-
sioned by the Airline Deregulation Act of 1978 (Public Law 95–504;
92 Stat. 1705);
‘‘(5) all other major air carrier airports in the United States are op-
erated by public entities at the State, regional, or local level;
‘‘(6) any change in status of the 2 airports must take into account
the interest of nearby communities, the traveling public, air carriers,
general aviation, airport employees, and other interested groups, as well
as the interests of the United States Government and State govern-
ments involved;
‘‘(7) in recognition of a perceived limited need for a Federal role in
the management of these airports and the growing local interest, the
Secretary of Transportation has recommended a transfer of authority
from the Federal to the local/State level that is consistent with the
management of major airports elsewhere in the United States;
‘‘(8) an operating authority with representation from local jurisdic-
tions, similar to authorities at all major airports in the United States,
will improve communications with local officials and concerned resi-
dents regarding noise at the Metropolitan Washington Airports;
‘‘(9) a commission of congressional, State, and local officials and
aviation representatives has recommended to the Secretary that trans-
fer of the federally owned airports be as a unit to an independent au-
thority to be created by Virginia and the District of Columbia; and
‘‘(10) the Federal interest in these airports can be provided through
a lease mechanism which provides for local control and operation.
‘‘§ 49102. Purpose
‘‘(a) GENERAL.—The purpose of this chapter is to authorize the transfer
of operating responsibility under long-term lease of the 2 Metropolitan
Washington Airport properties as a unit, including access highways and
other related facilities, to a properly constituted independent airport author-
ity created by Virginia and the District of Columbia, in order to achieve
local control, management, operation, and development of these important
transportation assets.
‘‘(b) INCLUSION OF BALTIMORE/WASHINGTON INTERNATIONAL AIRPORT
NOT PRECLUDED.—This chapter does not prohibit the Airports Authority
and Maryland from making an agreement to make Baltimore/Washington
International Airport part of a regional airports authority, subject to terms
agreed to by the Airports Authority, the Secretary of Transportation, Vir-
ginia, the District of Columbia, and Maryland.
‘‘§ 49103. Definitions
‘‘In this chapter—
‘‘(1) ‘Airports Authority’ means the Metropolitan Washington Air-
ports Authority, a public authority created by Virginia and the District
of Columbia consistent with the requirements of sections 49106 and
49107 of this title.
‘‘(2) ‘employee’ means any permanent Federal Aviation Administra-
tion personnel employed by the Metropolitan Washington Airports on
June 7, 1987.
‘‘(3) ‘Metropolitan Washington Airports’ means Washington Na-
tional Airport and Washington Dulles International Airport.
‘‘(4) ‘Washington Dulles International Airport’ means the airport
constructed under the Act of September 7, 1950 (ch. 905, 64 Stat.
770), and includes the Dulles Airport Access Highway and Right-of-
way, including the extension between Interstate Routes I–495 and I–
66.
‘‘(5) ‘Washington National Airport’ means the airport described in
the Act of June 29, 1940 (ch. 444, 54 Stat. 686).
‘‘§ 49104. Lease of Metropolitan Washington Airports
‘‘(a) GENERAL.—The lease the Secretary of Transportation made with
the Metropolitan Washington Airports Authority under section 6005(a) of
the Metropolitan Washington Airports Act of 1986 (Public Law 99–500,
100 Stat. 1783–375, Public Law 99–591, 100 Stat. 3341–378), for the
Metropolitan Washington Airports must provide during its 50-year term for
at least the following:
‘‘(1) The Airports Authority shall operate, maintain, protect, pro-
mote, and develop the Metropolitan Washington Airports as a unit and
as primary airports serving the metropolitan Washington area.
‘‘(2)(A) In this paragraph, ‘airport purposes’ means a use of prop-
erty interests (except a sale) for—
‘‘(i) aviation business or activities;
‘‘(ii) activities necessary or appropriate to serve passengers or
cargo in air commerce; or
‘‘(iii) nonprofit, public use facilities.
‘‘(B) During the period of the lease, the real property constituting
the Metropolitan Washington Airports shall be used only for airport
purposes.
‘‘(C) If the Secretary decides that any part of the real property
leased to the Airports Authority under this chapter is used for other
than airport purposes, the Secretary shall—
‘‘(i) direct that the Airports Authority take appropriate meas-
ures to have that part of the property be used for airport pur-
poses; and
‘‘(ii) retake possession of the property if the Airports Authority
fails to have that part of the property be used for airport purposes
within a reasonable period of time, as the Secretary decides.
‘‘(3) The Airports Authority is subject to section 47107(a)–(c) and
(e) of this title and to the assurances and conditions required of grant
recipients under the Airport and Airway Improvement Act of 1982
(Public Law 97–248, 96 Stat. 671) as in effect on June 7, 1987. Not-
withstanding section 47107(b) of this title, all revenues generated by
the Metropolitan Washington Airports shall be expended for the capital
and operating costs of the Metropolitan Washington Airports.
‘‘(4) In acquiring by contract supplies or services for an amount esti-
mated to be more than $200,000, or awarding concession contracts, the
Airports Authority to the maximum extent practicable shall obtain
complete and open competition through the use of published competi-
tive procedures. By a vote of 7 members, the Airports Authority may
grant exceptions to the requirements of this paragraph.
‘‘(5)(A) Except as provided in subparagraph (B) of this paragraph,
all regulations of the Metropolitan Washington Airports (14 C.F.R.
part 159) become regulations of the Airports Authority as of June 7,
1987, and remain in effect until modified or revoked by the Airports
Authority under procedures of the Airports Authority.
‘‘(B) Sections 159.59(a) and 159.191 of title 14, Code of Federal
Regulations, do not become regulations of the Airports Authority.
‘‘(C) The Airports Authority may not increase or decrease the num-
ber of instrument flight rule takeoffs and landings authorized by the
High Density Rule (14 C.F.R. 93.121 et seq.) at Washington National
Airport on October 18, 1986, and may not impose a limitation on the
number of passengers taking off or landing at Washington National
Airport.
‘‘(6)(A) Except as specified in subparagraph (B) of this paragraph,
the Airports Authority shall assume all rights, liabilities, and obliga-
tions of the Metropolitan Washington Airports on June 7, 1987, in-
cluding leases, permits, licenses, contracts, agreements, claims, tariffs,
accounts receivable, accounts payable, and litigation related to those
rights and obligations, regardless whether judgment has been entered,
damages awarded, or appeal taken. The Airports Authority must co-
operate in allowing representatives of the Attorney General and the
Secretary adequate access to employees and records when needed for
the performance of duties and powers related to the period before June
7, 1987. The Airports Authority shall assume responsibility for the
Federal Aviation Administration’s Master Plans for the Metropolitan
Washington Airports.
‘‘(B) The procedure for disputes resolution contained in any contract
entered into on behalf of the United States Government before June
7, 1987, continues to govern the performance of the contract unless
otherwise agreed to by the parties to the contract. Claims for monetary
damages founded in tort, by or against the Government as the owner
and operator of the Metropolitan Washington Airports, arising before
June 7, 1987, shall be adjudicated as if the lease had not been entered
into.
‘‘(C) The Administration is responsible for reimbursing the Employ-
ees’ Compensation Fund, as provided in section 8147 of title 5, for
compensation paid or payable after June 7, 1987, in accordance with
chapter 81 of title 5 for any injury, disability, or death due to events
arising before June 7, 1987, whether or not a claim was filed or was
final on that date.
‘‘(D) The Airports Authority shall continue all collective bargaining
rights enjoyed by employees of the Metropolitan Washington Airports
before June 7, 1987.
‘‘(7) The Comptroller General may conduct periodic audits of the ac-
tivities and transactions of the Airports Authority in accordance with
generally accepted management principles, and under regulations the
Comptroller General may prescribe. An audit shall be conducted where
the Comptroller General considers it appropriate. All records and prop-
erty of the Airports Authority shall remain in possession and custody
of the Airports Authority.
‘‘(8) The Airports Authority shall maintain a code of ethics and fi-
nancial disclosure to ensure the integrity of all decisions made by its
board of directors and employees. The code shall include standards by
which members of the board will decide, for purposes of section
49106(d) of this title, what constitutes a substantial financial interest
and the circumstances under which an exception to the conflict of inter-
est prohibition may be granted.
‘‘(9) A landing fee imposed for operating an aircraft or revenues de-
rived from parking automobiles—
‘‘(A) at Washington Dulles International Airport may not be
used for maintenance or operating expenses (excluding debt serv-
ice, depreciation, and amortization) at Washington National Air-
port; and
‘‘(B) at Washington National Airport may not be used for
maintenance or operating expenses (excluding debt service, depre-
ciation, and amortization) at Washington Dulles International Air-
port.
‘‘(10) The Airports Authority shall compute the fees and charges for
landing general aviation aircraft at the Metropolitan Washington Air-
ports on the same basis as the landing fees for air carrier aircraft, ex-
cept that the Airports Authority may require a minimum landing fee
that is not more than the landing fee for aircraft weighing 12,500
pounds.
‘‘(11) The Secretary shall include other terms applicable to the par-
ties to the lease that are consistent with, and carry out, this chapter.
‘‘(b) PAYMENTS.—Under the lease, the Airports Authority must pay to
the general fund of the Treasury annually an amount, computed using the
GNP Price Deflator, equal to $3,000,000 in 1987 dollars. The Secretary
and the Airports Authority may renegotiate the level of lease payments at-
tributable to inflation costs every 10 years.
‘‘(c) ENFORCEMENT OF LEASE PROVISIONS.—The district courts of the
United States have jurisdiction to compel the Airports Authority and its of-
ficers and employees to comply with the terms of the lease. An action may
be brought on behalf of the United States by the Attorney General, or by
any aggrieved party.
‘‘(d) EXTENSION OF LEASE.—The Secretary and the Airports Authority
may at any time negotiate an extension of the lease.
‘‘§ 49105. Capital improvements, construction, and rehabili-
tation
‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that the Metro-
politan Washington Airports Authority—
‘‘(1) should pursue the improvement, construction, and rehabilitation
of the facilities at Washington Dulles International Airport and Wash-
ington National Airport simultaneously; and
‘‘(2) to the extent practicable, should cause the improvement, con-
struction, and rehabilitation proposed by the Secretary of Transpor-
tation to be completed at Washington Dulles International Airport and
Washington National Airport within 5 years after the earliest date on
which 
the 
Airports 
Authority 
issues 
bonds 
under 
section
49106(b)(1)(B) of this title for that improvement, construction, or re-
habilitation.
‘‘(b) SECRETARY’S ASSISTANCE.—The Secretary shall assist the 3 air-
ports serving the District of Columbia metropolitan area in planning for
operational and capital improvements at those airports and shall accelerate
consideration of applications for United States Government financial assist-
ance by whichever of the 3 airports is most in need of increasing airside
capacity.
‘‘§ 49106. Metropolitan Washington Airports Authority
‘‘(a) STATUS.—The Metropolitan Washington Airports Authority is—
‘‘(1) a public authority with the powers and jurisdiction—
‘‘(A) conferred upon it jointly by the legislative authority of Vir-
ginia and the District of Columbia or by either of them when
agreed to by the legislative authority of the other jurisdiction; and
‘‘(B) that at least meet the specifications of this section and
section 49107 of this title;
‘‘(2) independent of Virginia and its local governments, the District
of Columbia, and the United States Government; and
‘‘(3) a political subdivision constituted only to operate and improve
the Metropolitan Washington Airports as primary airports serving the
Metropolitan Washington area.
‘‘(b) GENERAL AUTHORITY.—(1) The Airports Authority shall be author-
ized—
‘‘(A) to acquire, maintain, improve, operate, protect, and promote
the Metropolitan Washington Airports for public purposes;
‘‘(B) to issue bonds from time to time for public purposes, including
paying any part of the cost of airport improvements, construction, and
rehabilitation and the acquisition of real and personal property, includ-
ing operating equipment for the airports;
‘‘(C) to acquire real and personal property by purchase, lease, trans-
fer, or exchange;
‘‘(D) to exercise the powers of eminent domain in Virginia that are
conferred on it by Virginia;
‘‘(E) to levy fees or other charges; and
‘‘(F) to make and maintain agreements with employee organizations
to the extent that the Federal Aviation Administration was authorized
to do so on October 18, 1986.
‘‘(2) Bonds issued under paragraph (1)(B) of this subsection—
‘‘(A) are not a debt of Virginia, the District of Columbia, or a politi-
cal subdivision of Virginia or the District of Columbia; and
‘‘(B) may be secured by the Airports Authority’s revenues generally,
or exclusively from the income and revenues of certain designated
projects whether or not any part of the projects are financed from the
proceeds of the bonds.
‘‘(c) BOARD OF DIRECTORS.—(1) The Airports Authority has a board of
directors composed of the following 11 members:
‘‘(A) 5 members appointed by the Governor of Virginia;
‘‘(B) 3 members appointed by the Mayor of the District of Columbia;
‘‘(C) 2 members appointed by the Governor of Maryland; and
‘‘(D) one member appointed by the President with the advice and
consent of the Senate.
‘‘(2) The Chairman of the board shall be appointed from among the mem-
bers by majority vote of the members and shall serve until replaced by ma-
jority vote of the members.
‘‘(3) Members of the board shall be appointed to the board for 6 years.
‘‘(4) A member of the board—
‘‘(A) may not hold elective or appointive political office;
‘‘(B) serves without compensation except for reasonable expenses in-
cident to board functions; and
‘‘(C) except the member appointed by the President, must reside
within the Washington Standard Metropolitan Statistical Area.
‘‘(5) The member of the board appointed by the President may be re-
moved by the President for cause.
‘‘(6) Seven votes are required to approve bond issues and the annual
budget.
‘‘(d) CONFLICTS OF INTEREST.—Members of the board and their imme-
diate families may not be employed by or otherwise hold a substantial finan-
cial interest in any enterprise that has or is seeking a contract or agreement
with the Airports Authority or is an aeronautical, aviation services, or air-
port services enterprise that otherwise has interests that can be directly af-
fected by the Airports Authority. The official appointing a member may
make an exception if the financial interest is completely disclosed when the
member is appointed and the member does not participate in board deci-
sions that directly affect the interest.
‘‘(e) CERTAIN ACTIONS TO BE TAKEN BY REGULATION.—An action of
the Airports Authority changing, or having the effect of changing, the hours
of operation of, or the type of aircraft serving, either of the Metropolitan
Washington Airports may be taken only by regulation of the Airports Au-
thority.
‘‘(f) LIMITATION ON AUTHORITY.—If the Board of Review established
under section 49107 of this title cannot carry out its duties and powers
under this chapter because of a judicial order, the Airports Authority may
not carry out any action required to be submitted to the Board under sec-
tion 49107(g) of this title.
‘‘(g) REVIEW OF CONTRACTING PROCEDURES.—The Comptroller General
shall review contracts of the Airports Authority to decide whether the con-
tracts were awarded by procedures that follow sound Government contract-
ing principles and comply with section 49104(a)(4) of this title. The Comp-
troller General shall submit periodic reports of the conclusions reached as
a result of the review to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
‘‘§ 49107. Board of Review
‘‘(a) COMPOSITION.—(1) Action and requests of the board of directors of
the Metropolitan Washington Airports Authority may be reviewed under this
section by the Board of Review of the Airports Authority. The Board of Re-
view represents the interests of users of the Metropolitan Washington Air-
ports and is composed of 9 members appointed by the board of directors
as follows:
‘‘(A) 4 individuals from a list provided by the Speaker of the House
of Representatives.
‘‘(B) 4 individuals from a list provided by the President pro tempore
of the Senate.
‘‘(C) one individual chosen alternately from a list provided by the
Speaker of the House of Representatives and from a list provided by
the President pro tempore of the Senate.
‘‘(2) In addition to the recommendations on a list provided under para-
graph (1) of this subsection, the board of directors may request additional
recommendations.
‘‘(b) QUALIFICATIONS AND TERMS.—(1) Members of the Board of Review
shall be individuals who have experience in aviation matters and in address-
ing the needs of airport users and who themselves are frequent users of the
Metropolitan Washington Airports. A member of the Board of Review shall
be a registered voter of a State other than Maryland, Virginia, or the Dis-
trict of Columbia.
‘‘(2)(A) An individual appointed under subsection (a)(1) (A) or (B) of
this section serves for 6 years or until the individual’s successor has taken
office.