IB
House Calendar No. 222
104TH CONGRESS
2D SESSION
H. R. 2297
[Report No. 104–573]
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
MAY 14, 1996
Reported with an amendment, referred to the House Calendar, and
ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on September 12, 1995]
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,
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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 Information
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 ‘‘titles I and
IV of the Anti Car Theft Act of 1992, the Automobile Information Disclo-
sure 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. App. 2710 et seq.)’’ and substitute ‘‘chapter 313 of title
49’’.
SEC. 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’’.
SEC. 3. TITLE 28, UNITED STATES CODE.
In section 1445(a) of title 28, United States Code, strike ‘‘sections 51–60
of Title 45’’ and substitute ‘‘sections 1–4 and 5–10 of the Act of April 22,
1908 (45 U.S.C. 51–54, 55–60)’’.
SEC. 4. 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 is amended as follows:
(A) Clause (2)(J) is repealed.
(B) Redesignate clauses (2)(K) through the end as clauses (2)(J)
through the end.
(C) In clause (3)(B), strike ‘‘Fund;’’ and substitute ‘‘Fund.’’.
(D) Clause (3)(N), as added by section 902(b) of the Energy Pol-
icy Act of 1992 (Public Law 102–486, 106 Stat. 2944), is redesig-
nated as clause (3)(O).
SEC. 5. TITLE 49, UNITED STATES CODE.
Title 49, United States Code, is amended as follows:
(1) In section 106(b), strike ‘‘the date of the enactment of this sen-
tence’’ and substitute ‘‘August 23, 1994,’’.
(2) In section 111 (b)(4) and (g), strike ‘‘the date of the enactment
of this section’’ and substitute ‘‘December 18, 1991’’.
(3) 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 subtitle
VII of this title)’’.
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(B) In subsection (d), strike ‘‘that Act’’ and substitute ‘‘that
part’’.
(4) In section 521(b)(1)(B), strike ‘‘the date of enactment of this sub-
paragraph’’ and substitute ‘‘November 3, 1990’’.
(5) Section 701(b)(4) is amended as follows:
(A) Strike ‘‘the effective date of this section’’ and substitute ‘‘Jan-
uary 1, 1996’’.
(B) Strike ‘‘the date of the enactment of the ICC Termination Act
of 1995’’ and substitute ‘‘December 29, 1995,’’.
(6) In section 702, strike ‘‘the effective date of such Act’’ and substitute
‘‘January 1, 1996’’.
(7) In section 726(a), strike ‘‘the date of enactment of the ICC Termi-
nation Act of 1995’’ and substitute ‘‘December 29, 1995’’.
(8) In section 5116(j)(4)(A), strike ‘‘subsection (g)’’ and substitute
‘‘section 5115 of this title’’.
(9) 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 Transpor-
tation’’ and substitute ‘‘Transportation and Infrastructure’’.
(10) Section 5303 is amended as follows:
(A) In subsection (f)(2), strike ‘‘subsection (e)’’ and substitute
‘‘subsection (b)’’.
(B) In subsection (h)(4), strike ‘‘section 5338(g)(1)’’ and sub-
stitute ‘‘section 5338(g)’’.
(11) Section 5307 is amended as follows:
(A) In subsection (a)(2)(A), strike ‘‘title;’’ and substitute ‘‘title;
or’’.
(B) In subsection (a)(2)(B), strike ‘‘transportation; or’’ and sub-
stitute ‘‘transportation.’’.
(C) Strike subsection (a)(2)(C).
(D) In subsection (d)(1)(H), strike ‘‘5301 (a) and (d), 5303–5306,
and 5310(a)–(d)’’ and substitute ‘‘5301 (a) and (d) and 5303–
5306’’.
(12) Section 5309 is amended as follows:
(A) In subsection (a)—
(i) insert ‘‘(1)’’ before ‘‘The Secretary’’;
(ii) redesignate clauses (1)–(7) as clauses (A)–(G), respec-
tively;
(iii) redesignate subclauses (A) and (B) as subclauses (i)
and (ii), respectively; and
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(iv) insert at the end the following:
‘‘(2) The Secretary of Transportation shall require that all grants and
loans under this subsection be subject to all terms, requirements, and provi-
sions the Secretary decides are necessary or appropriate for the purposes of
this section, including requirements for the disposition of net increases in
value of real property resulting from the project assisted under this section.’’.
(B) In subsection (e)(4)(B), strike ‘‘paragraph (1)(B)’’ and sub-
stitute ‘‘paragraph (2)(B)’’.
(C) In subsection (m)(1)(A), insert ‘‘rail’’ before ‘‘fixed guideway
modernization’’.
(13) Section 5315(d) is amended by striking ‘‘5304 and 5306’’ and
substituting ‘‘5307 and 5309’’.
(14) Section 5317(b)(5) is amended as follows:
(A) In subparagraph (C), strike ‘‘under this paragraph’’ and sub-
stitute ‘‘under subparagraph (B) of this paragraph’’.
(B) In subparagraph (D), strike ‘‘(except this paragraph)’’.
(15) Section 5323 (b)(1), (c), and (e) is amended by striking ‘‘(except
section 5307)’’ wherever it appears.
(16) The catchline for section 5325(d) is amended by striking ‘‘MAN-
AGEMENT, ARCHITECTURAL, AND ENGINEERING CONTRACTS.’’ and sub-
stituting ‘‘ARCHITECTURAL, ENGINEERING, AND DESIGN CONTRACTS.’’.
(17) Section 5327(c) is amended by striking ‘‘to carry out a major
project under section 5307’’ and substituting ‘‘to carry out a major
project under section 5309’’.
(18) In section 5335(d)(2)(B), strike ‘‘With’’ and substitute ‘‘with’’.
(19) Section 5336(b)(2) is amended as follows:
(A) In subparagraphs (A) and (B), add at the end the following:
‘‘An urbanized area with a population of at least 750,000 in which com-
muter rail transportation is provided shall receive at least .75 percent
of the total amount apportioned under this subparagraph.’’.
(B) Strike subparagraph (C).
(C) Redesignate subparagraphs (D) and (E) as subparagraphs
(C) and (D), respectively.
(20) Section 5338(g)(2) is amended by striking ‘‘section 5308(b)(2)’’
and substituting ‘‘section 5311(b)(2)’’.
(21) In section 10501(c)(3)(B), strike ‘‘the effective date of the ICC
Termination Act of 1995’’ and substitute ‘‘January 1, 1996’’.
(22) In section 10701(d)(3), strike ‘‘the effective date of this para-
graph’’ and substitute ‘‘January 1, 1996’’.
(23) In section 10704(d), strike ‘‘the effective date of the ICC Termi-
nation Act of 1995’’ and substitute ‘‘January 1, 1996’’.
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(24) In sections 10706(a)(5)(C) and 10709(e), strike ‘‘the effective date
of the Staggers Rail Act of 1980’’ and substitute ‘‘October 1, 1980,’’.
(25) In sections 11101(f) and 11301(f), strike ‘‘the effective date of the
ICC Termination Act of 1995’’ and substitute ‘‘January 1, 1996’’.
(26)(A) The heading for part B of subtitle IV is amended to read as
follows:
‘‘PART B—MOTOR CARRIERS, WATER CARRIERS,
BROKERS, AND FREIGHT FORWARDERS’’.
(B) The heading for chapter 131 is amended to read as follows:
‘‘CHAPTER 131—GENERAL PROVISIONS’’.
(27) Section 13102 is amended as follows:
(A) In clause (4)(A), strike—
(i) ‘‘the effective date of this section’’ and substitute ‘‘Janu-
ary 1, 1996’’; and
(ii) ‘‘the day before the effective date of this section’’ and
substitute ‘‘December 31, 1995’’.
(B) In clause (4)(B), strike ‘‘on or after such date’’ and substitute
‘‘after December 31, 1995’’.
(28) Section 13703 is amended as follows:
(A) In subsection (e), strike—
(i) ‘‘the day before the effective date of this section’’ and sub-
stitute ‘‘December 31, 1995,’’; and
(ii) ‘‘such effective date’’ and substitute ‘‘January 1, 1996’’.
(B) In subsection (f)(2), strike ‘‘the day before the effective date
of this section’’ and substitute ‘‘December 31, 1995’’.
(29) Section 13709 is amended as follows:
(A) In subsection (a)(1) and (3), strike ‘‘the day before the effec-
tive date of this section’’ and substitute ‘‘December 31, 1995’’.
(B) In subsection (e), strike—
(i) ‘‘the effective date of this section’’ and substitute ‘‘Janu-
ary 1, 1996’’; and
(ii) ‘‘the day before such effective date’’ and substitute ‘‘De-
cember 31, 1995’’.
(30) Section 13710 is amended as follows:
(A) In subsection (a)(4), strike ‘‘the effective date of this section’’
and substitute ‘‘January 1, 1996,’’.
(B) In subsection (b), strike—
(i) ‘‘the day before the effective date of this section’’ and sub-
stitute ‘‘December 31, 1995’’; and
(ii) ‘‘the effective date of this section’’ and substitute ‘‘Janu-
ary 1, 1996,’’.
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(31) Section 13711 is amended as follows:
(A) In subsection (a), strike—
(i) ‘‘or, before the effective date of this section’’ and sub-
stitute ‘‘or, before January 1, 1996’’;
(ii) ‘‘the day before the effective date of this section’’ and
substitute ‘‘December 31, 1995’’; and
(iii) ‘‘provided before the effective date of this section’’ and
substitute ‘‘provided before January 1, 1996’’.
(B) In subsection (d), strike—
(i) ‘‘the effective date of this section’’ and substitute ‘‘Janu-
ary 1, 1996’’; and
(ii) ‘‘the day before such effective date’’ and substitute ‘‘De-
cember 31, 1995’’.
(C) In subsection (g), strike ‘‘the effective date of this section’’ and
substitute ‘‘January 1, 1996’’.
(32) Section 13902 is amended as follows:
(A) In subsection (b)(8)(A)—
(i) insert ‘‘and’’ after ‘‘(iv) any Indian tribe,’’;
(ii) strike ‘‘and’’ after ‘‘clause (i), (ii), (iii), or (iv),’’; and
(iii) strike ‘‘the effective date of this subsection’’ and sub-
stitute ‘‘January 1, 1996,’’.
(B) In subsection (b)(8)(B), strike ‘‘the effective date of this para-
graph’’ and substitute ‘‘January 1, 1996,’’.
(C) In subsections (c)(4)(A) and (d)(1)(A) and (2), strike ‘‘the
day before the effective date of this section’’ and substitute ‘‘Decem-
ber 31, 1995’’.
(33) In section 13905(a), strike ‘‘the day before the effective date of
this section’’ and substitute ‘‘December 31, 1995’’.
(34) In section 13906(d), strike ‘‘the effective date of this section’’ and
substitute ‘‘January 1, 1996,’’.
(35) Section 13907(e) is amended as follows:
(A) In clause (1), strike ‘‘the day before the effective date of this
section’’ and substitute ‘‘December 31, 1995’’.
(B) In clause (2), strike ‘‘the day before such effective date’’ and
substitute ‘‘December 31, 1995’’.
(36) Section 13908 is amended as follows:
(A) In subsection (d)(1), strike ‘‘the day before the effective date
of this section’’ and substitute ‘‘December 31, 1995’’.
(B) In subsection (e), strike ‘‘the effective date of this section’’ and
substitute ‘‘January 1, 1996’’.
(37) Section 14302 is amended as follows:
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‘‘SUBCHAPTER B—OPERATIONS OF CARRIERS’’.
(44) Section 15701(e) is amended by striking ‘‘the effective date of this
section’’ and substituting ‘‘January 1, 1996’’.
(45) The analysis of chapter 159 is amended as follows:
(A) Strike—
‘‘CHAPTER 159—ENFORCEMENT; INVESTIGATIONS, RIGHTS, AND REMEDIES’’.
(B) Strike the item related to section 15907.
(46) In the analysis of chapter 161, strike—
‘‘CHAPTER 161—CIVIL AND CRIMINAL PENALTIES’’.
(47) Section 20133(b) is amended as follows:
(A) In paragraph (1), strike ‘‘the date of enactment of the Federal
Railroad Safety Authorization Act of 1994’’ and substitute ‘‘Novem-
ber 2, 1994’’.
(B) In paragraph (2), strike ‘‘such date of enactment’’ and sub-
stitute ‘‘November 2, 1994’’.
(48) In sections 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’’.
(49) 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’’.
(50) In section 20152(b), strike ‘‘the date of enactment of this section’’
and ‘‘that date’’ and substitute ‘‘November 2, 1994’’ and ‘‘November 2,
1994,’’, respectively.
(51) In section 20153(g), strike ‘‘the date of enactment of this section’’
wherever it appears and substitute ‘‘November 2, 1994’’.
(52) Add at the end of section 20301(b) the following:
‘‘(4) a car, locomotive, or train used on a street railway.’’.
(53) In section 21301(a)(1)—
(A) insert ‘‘A person may not fail to comply with a regulation
prescribed or order issued by the Secretary of Transportation under
chapter 201 of this title.’’ before ‘‘Subject to ’’; and
(B) strike ‘‘Secretary of Transportation under chapter 201 of this
title is liable’’ and substitute ‘‘Secretary under chapter 201 is lia-
ble’’.
(54) In section 21303(a)(1), strike ‘‘chapter 211 of this title’’ and sub-
stitute ‘‘chapter 211 of this title,’’.
(55) In section 22106(b), insert ‘‘in the same manner and under the
same conditions as if they were originally granted to the State by the
Secretary of Transportation’’ after ‘‘under this chapter’’.
(56)(A) Insert after chapter 281 the following:
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‘‘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 an-
other 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 between
railroads and industrial plants.
‘‘§ 28302. Penalties
‘‘A person violating section 28301 of this title shall be fined under title 18,
imprisoned not more than one year, or both.’’.
(B) In the analysis for subtitle V, insert after item 281 the following:
‘‘283.
MAXIMUM HOURS OF WORK ......................................................................
28301’’.
(57) In section 30144(a)(1)(A), strike ‘‘Organization’’ and substitute
‘‘Organizations’’.
(58) In section 30168(c), strike ‘‘Committees on Energy and Commerce
and Public Works and Transportation’’ and substitute ‘‘Committees on
Commerce and Transportation and Infrastructure’’.
(59) In section 30308, insert a comma after ‘‘1994’’.
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(60) In section 31136(e)(2)(A) and (J)(i) and (ii) and (3), strike ‘‘the
date of the enactment of this paragraph’’ and substitute ‘‘November 28,
1995’’.
(61) In section 32702(8), insert ‘‘any’’ after ‘‘or’’.
(62) Section 32705 is amended as follows:
(A) Subsection (a) is amended to read as follows:
‘‘(a)(1) DISCLOSURE REQUIREMENTS.—Under regulations prescribed by the
Secretary of Transportation that include the way in which information is
disclosed and retained under this section, a person transferring ownership of
a motor vehicle shall give the transferee the following written disclosure:
‘‘(A) Disclosure of the cumulative mileage registered on the odometer.
‘‘(B) Disclosure that the actual mileage is unknown, if the transferor
knows that the odometer reading is different from the number of miles
the vehicle has actually traveled.
‘‘(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 written
disclosure under this section unless it is complete.’’.
(B) In subsection (b)(3)(A), strike ‘‘may’’ and ‘‘only if’’ and sub-
stitute ‘‘may not’’ and ‘‘unless’’, respectively.
(63) In sections 32904(b)(6)(C) and 32905(g), strike ‘‘Committee on
Energy and Commerce’’ and substitute ‘‘Committee on Commerce’’.
(64) 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’’.
(65) In section 40109(c)—
(A) strike ‘‘sections 41301–41306, 41308–41310(a), 41501, 41503,
41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711,
41712, and 41731–41742,’’ and substitute ‘‘chapter 413 (except sec-
tions 41307 and 41310(b)–(f)), chapter 415 (except sections 41502,
41505, and 41507–41509), chapter 417 (except sections 41703,
41704, 41710, 41713, and 41714),’’; and
(B) strike ‘‘section 46301(b)’’ and substitute ‘‘sections 44909 and
46301(b)’’.
(66) In section 40116(d)(2)(A)(iv), strike ‘‘Levy’’ and ‘‘the date of en-
actment of this clause’’ and substitute ‘‘levy’’ and ‘‘August 23, 1994’’, re-
spectively.
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(67) 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).
(68) Section 40118 is amended as follows:
(A) In the catchline for subsection (d), strike ‘‘TRANSPORTATION
BY FOREIGN AIR CARRIERS’’ and substitute ‘‘CERTAIN TRANSPOR-
TATION BY AIR OUTSIDE THE UNITED STATES’’.
(B) In subsection (f)(1), strike ‘‘(f)(1) No’’ and substitute ‘‘(f)
PROHIBITION OF CERTIFICATION OR CONTRACT CLAUSE.—(1) No’’.
(69)(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 follow-
ing:
‘‘40121.
Interstate agreements for airport facilities.’’.
(70) Add at the end of section 41109(a) the following:
‘‘(5) As prescribed by regulation by the Secretary, an air carrier other than
a charter air carrier may provide charter trips or other special services with-
out regard to the places named or type of transportation specified in its cer-
tificate.’’.
(71) In section 41309(b)(2)(B), strike ‘‘common’’.
(72) In section 41312(a)(1), insert ‘‘of Transportation’’ after ‘‘Sec-
retary’’.
(73) In section 41714(d)(1), strike ‘‘sections 6005(c)(5) and 6009(e) of
the Metropolitan Washington Airports Act of 1986’’ and substitute ‘‘sec-
tions 49104(a)(5) and 49110(e) of this title’’.
(74) In section 41715(a), strike ‘‘Secretary’s’’ and substitute ‘‘Sec-
retary of Transportation’s’’.
(75) In sections 44501(c)(1), 44511(e), 48102(c)(2)(A) and (d)(2), and
70112(d)(1), strike ‘‘Science, Space, and Technology’’ and substitute
‘‘Science’’.
(76) 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).
(77) In section 45301(c)(5), strike ‘‘the date of the enactment of this
subsection’’ and substitute ‘‘August 23, 1994,’’.
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(78) Section 46301 is amended as follows:
(A) In subsection (a)(1)(A)—
(i) strike ‘‘any of sections 41301–41306, 41308–41310(a),
41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702,
41705–41709, 41711, 41712, or 41731–41742,’’ and substitute
‘‘chapter 413 (except sections 41307 and 41310(b)–(f)), chapter
415 (except sections 41502, 41505, and 41507–41509), chapter
417 (except sections 41703, 41704, 41710, 41713, and 41714),’’;
(ii) strike ‘‘or any of sections 44701(a) or (b), 44702–44716,
44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B),
44909(a), 44912–44915, 44932–44938,’’ and substitute ‘‘section
44502(b) or (c), chapter 447 (except sections 44717 and 44719–
44723), chapter 449 (except sections 44902, 44903(d), 44904,
44907(a)–(d)(1)(A) and (d)(1)(C)–(f), and 44908), or section’’;
(iii) insert ‘‘or’’ after ‘‘46303,’’; and
(iv) strike ‘‘, or 41715’’.
(B) In subsection (a)(2)(A), strike ‘‘or any of sections 44701(a)
or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44912–
44915, or 44932–44938’’ and substitute ‘‘, section 44502(b) or (c),
chapter 447 (except sections 44717–44723), or chapter 449 (except
sections 44902, 44903(d), 44904, and 44907–44909)’’.
(C) Adjust the margins of clauses (A) and (B) of subsection (a)(3)
to be the same as clauses (A) and (B) of subsection (a)(2).
(D) In subsection (c)(1)(A)—
(i) strike ‘‘any of sections 41301–41306, 41308–41310(a),
41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702,
41705–41709, 41711, 41712, or 41731–41742,’’ and substitute
‘‘chapter 413 (except sections 41307 and 41310(b)–(f)), chapter
415 (except sections 41502, 41505, and 41507–41509), chapter
417 (except sections 41703, 41704, 41710, 41713, and 41714),’’;
(ii) strike ‘‘or’’ before ‘‘subchapter II’’; and
(iii) insert ‘‘, or section 44909’’ before ‘‘of this title’’.
(E) In subsection (d)(2), strike ‘‘or any of sections 44701(a) or
(b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906,
44907(d)(1)(B), 44912–44915, 44932–44938,’’ and substitute ‘‘sec-
tion 44502(b) or (c), chapter 447 (except sections 44717 and 44719–
44723), chapter 449 (except sections 44902, 44903(d), 44904,
44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909), or sec-
tion’’.
(F) In subsection (f)(1)(A)(i), strike ‘‘or any of sections 44701(a)
or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906,
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44907(d)(1)(B), 44912–44915, or 44932–44938’’ and substitute ‘‘sec-
tion 44502(b) or (c), chapter 447 (except sections 44717 and 44719–
44723), or chapter 449 (except sections 44902, 44903(d), 44904,
44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909)’’.
(79) In section 46306(c)(2)(B), insert ‘‘that is’’ before ‘‘provided’’.
(80) In section 46316(b), strike ‘‘and sections 44701(a) and (b),
44702–44716, 44901, 44903(b) and (c), 44905, 44906, 44912–44915, and
44932–44938’’ and substitute ‘‘chapter 447 (except sections 44717–
44723), and chapter 449 (except sections 44902, 44903(d), 44904, and
44907–44909)’’.
(81) In section 47107(l )(1), strike ‘‘the date of the enactment of this
subsection’’ and substitute ‘‘August 23, 1994’’.
(82) Section 47115 is amended as follows:
(A) Subsection (f)(2) as enacted by section 112(d) of the Federal
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 Octo-
ber 31, 1994 (Public Law 103–429, 108 Stat. 4386), is redesignated
subsection (g).
(83) Section 47117 is amended as follows:
(A) In subsection (e)(1)(B), strike ‘‘47504(c)(1)’’ and substitute
‘‘47504(c)’’.
(B) In subsection (g)(1), strike ‘‘47105(e)’’ and substitute
‘‘47105(f)’’.
(84) Section 47118 is amended as follows:
(A) In subsection (a), strike ‘‘on or before the date of the enact-
ment of this sentence’’ and substitute ‘‘before August 24, 1994’’.
(B) In subsection (e), strike ‘‘Notwithstanding section 47109(c) of
this title, not’’ and substitute ‘‘Not’’.
(85) In the catchline for section 47128(d), strike ‘‘AND REPORT’’.
(86) 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 sub-
stitute ‘‘August 23, 1994’’.
(87) In section 47509(d), strike ‘‘the date of the enactment of this sec-
tion’’ and substitute ‘‘August 23, 1994’’.
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(88) In the catchline for section 48104(b), strike ‘‘YEARS’’ and sub-
stitute ‘‘YEAR’’.
(89)(A) Part D of subtitle VII is redesignated as part E.
(B) Chapter 491 is redesignated as chapter 501.
(C) Items 49101–49105 in the analysis of chapter 501, as redesignated
by subparagraph (B) of this paragraph, are redesignated as items
50101–50105.
(D) Sections 49101–49105 are redesignated as sections 50101–50105.
(90) 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 operated
by Maryland, is an air transportation facility that provides service to
the greater Metropolitan Washington region together with the 2 federally
owned airports, and timely Federal-aid grants to Baltimore/Washington
International Airport will provide additional capacity to meet the grow-
ing air traffic needs and to compete with other airports on a fair basis;
‘‘(3) the United States Government has a continuing but limited inter-
est in the operation of the two federally owned airports, which serve the
travel and cargo needs of the entire Metropolitan Washington region as
well as the District of Columbia as the national seat of government;
‘‘(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);
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‘‘(5) all other major air carrier airports in the United States are oper-
ated 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 governments
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 Sec-
retary of Transportation has recommended a transfer of authority from
the Federal to the local/State level that is consistent with the manage-
ment 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 residents
regarding noise at the Metropolitan Washington Airports;
‘‘(9) a commission of congressional, State, and local officials and avia-
tion representatives has recommended to the Secretary that transfer of
the federally owned airports be as a unit to an independent authority
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 Wash-
ington Airport properties as a unit, including access highways and other re-
lated facilities, to a properly constituted independent airport authority cre-
ated by Virginia and the District of Columbia, in order to achieve local con-
trol, management, operation, and development of these important transpor-
tation 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 Inter-
national Airport part of a regional airports authority, subject to terms agreed
to by the Airports Authority, the Secretary of Transportation, Virginia, the
District of Columbia, and Maryland.
‘‘§ 49103. Definitions
‘‘In this chapter—
‘‘(1) ‘Airports Authority’ means the Metropolitan Washington Airports
Authority, a public authority created by Virginia and the District of Co-
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lumbia 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 National
Airport and Washington Dulles International Airport.
‘‘(4) ‘Washington Dulles International Airport’ means the airport con-
structed 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, promote,
and develop the Metropolitan Washington Airports as a unit and as pri-
mary airports serving the metropolitan Washington area.
‘‘(2)(A) In this paragraph, ‘airport purposes’ means a use of property
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 pur-
poses.
‘‘(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 air-
port purposes, the Secretary shall—
‘‘(i) direct that the Airports Authority take appropriate measures
to have that part of the property be used for airport purposes; 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.
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‘‘(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 re-
cipients under the Airport and Airway Improvement Act of 1982 (Public
Law 97–248, 96 Stat. 671) as in effect on June 7, 1987. Notwithstanding
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 com-
plete and open competition through the use of published competitive pro-
cedures. By a vote of 7 members, the Airports Authority may grant ex-
ceptions 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 Regu-
lations, do not become regulations of the Airports Authority.
‘‘(C) The Airports Authority may not increase or decrease the number
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 obligations
of the Metropolitan Washington Airports on June 7, 1987, including
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 cooperate in al-
lowing representatives of the Attorney General and the Secretary ade-
quate access to employees and records when needed for the performance
of duties and powers related to the period before June 7, 1987. The Air-
ports Authority shall assume responsibility for the Federal Aviation Ad-
ministration’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 other-
wise agreed to by the parties to the contract. Claims for monetary dam-
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ages 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 Employees’
Compensation Fund, as provided in section 8147 of title 5, for com-
pensation paid or payable after June 7, 1987, in accordance with chap-
ter 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 be-
fore 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 develop a code of ethics and finan-
cial 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 cir-
cumstances under which an exception to the conflict of interest prohibi-
tion 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 service,
depreciation, and amortization) at Washington National Airport;
and
‘‘(B) at Washington National Airport may not be used for main-
tenance or operating expenses (excluding debt service, depreciation,
and amortization) at Washington Dulles International Airport.
‘‘(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, except
that the Airports Authority may require a minimum landing fee that
is not more than the landing fee for aircraft weighing 12,500 pounds.
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‘‘(11) The Secretary shall include other terms applicable to the parties
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 attributable
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 offi-
cers 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 Metropoli-
tan 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, construc-
tion, and rehabilitation proposed by the Secretary of Transportation to
be completed at Washington Dulles International Airport and Washing-
ton 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 rehabilitation.
‘‘(b) SECRETARY’S ASSISTANCE.—The Secretary shall assist the 3 airports
serving the District of Columbia metropolitan area in planning for oper-
ational and capital improvements at those airports and shall accelerate con-
sideration of applications for United States Government financial assistance
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 shall be—
‘‘(1) a public body corporate and politic with the powers and jurisdic-
tion—
‘‘(A) conferred upon it jointly by the legislative authority of Vir-
ginia and the District of Columbia or by either of them and con-
curred in by the legislative authority of the other jurisdiction; and
‘‘(B) that at least meet the specifications of this section and sec-
tion 49107 of this title;
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‘‘(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 in its discretion for public pur-
poses, including paying any part of the cost of airport improvements,
construction, and rehabilitation and the acquisition of real and personal
property, including 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 shall be governed
by 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 con-
sent 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 major-
ity 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;
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‘‘(B) serves without compensation except for reasonable expenses inci-
dent to board functions; and
‘‘(C) except the member appointed by the President, must reside with-
in the Washington Standard Metropolitan Statistical Area.
‘‘(5) The member of the board appointed by the President may be removed
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 immediate
families may not be employed by or otherwise hold a substantial financial
interest in any enterprise that has or is seeking a contract or agreement with
the Airports Authority or is an aeronautical, aviation services, or airport
services enterprise that otherwise has interests that can be directly affected by
the Airports Authority. The official appointing a member may make an ex-
ception if the financial interest is completely disclosed when the member is
appointed and the member does not participate in board decisions that di-
rectly 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 Wash-
ington Airports may be taken only by regulation of the Airports Authority.
‘‘(f) LIMITATION ON AUTHORITY.—If the Board of Review established under
section 49107 of this title is unable to 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 section 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 contracting
principles and comply with section 49104(a)(4) of this title. The Comptroller
General shall submit periodic reports of the conclusions reached as a result
of the review to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
‘‘§ 49107. Board of Review
‘‘(a) COMPOSITION.—(1) The board of directors of the Metropolitan Wash-
ington Airports Authority shall be subject to review of its actions and to re-
quests, in accordance with this section, by a Board of Review of the Airports
Authority. The Board of Review shall be established by the board of directors
to represent the interests of users of the Metropolitan Washington Airports
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and shall be 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 rec-
ommendations.
‘‘(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 District
of Columbia.
‘‘(2) Members appointed under subsection (a)(1)(A) or (B) of this section
shall be appointed for terms of 6 years. Members appointed under subsection
(a)(1)(C) of this section shall be appointed for terms of 2 years. A member
may serve after the expiration of that member’s term until a successor has
taken office.
‘‘(3) A member of the Board of Review shall be subject to removal only for
cause by a two-thirds vote of the board of directors.
‘‘(c) VACANCIES.—(1) A vacancy on the Board of Review shall be filled in
the manner in which the original appointment was made. A member ap-
pointed to fill a vacancy occurring before the expiration of the term for which
the member’s predecessor was appointed shall be appointed only for the re-
mainder of that term.
‘‘(2) At any time that the Board of Review has more than 4 vacancies and
lists have been provided for appointments to fill the vacancies, the Airports
Authority shall have no authority to perform any of the actions that are re-
quired to be submitted to the Board under subsection (g) of this section.
‘‘(d) CONFLICTS OF INTEREST.—Every contract or agreement made or en-
tered into, or accepted by or on behalf of the Airports Authority, shall contain
an express condition that no member of a Board of Review shall be admitted
to any share or part of, or to any benefit to arise from, the contract or agree-
ment.
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‘‘(e) LIABILITY.—A member of the Board of Review shall not be liable in
connection with any claim, action, suit, or proceeding arising from service
on the Board.
‘‘(f) ADMINISTRATIVE.—(1) The Board of Review shall establish procedures
for conducting its business. The procedures may include requirements for a
quorum at meetings and for proxy voting and for the selection of a Chairman.
The Board shall meet at least once each year and shall meet at the call of
the chairman or 3 members of the Board. Any decision of the Board under
subsection (g) or (h) of this section must be by a vote of at least 5 members
of the Board.
‘‘(2) The Board of Review may hire 2 staff individuals to be paid by the
Airports Authority. The Airports Authority shall provide clerical and support
staff that the Board may require.
‘‘(3) Members of the Board of Review may participate as nonvoting mem-
bers in meetings of the board of directors of the Airports Authority.
‘‘(g) REVIEW OF ACTIONS OF THE AIRPORTS AUTHORITY.—(1) Any of the
following actions of the Airports Authority shall be submitted to the Board
of Review at least 30 days (or at least 60 days for the annual budget) before
the action is to become effective:
‘‘(A) the adoption of an annual budget and any amendments to the
budget.
‘‘(B) the authorization for the issuance of bonds and an annual plan
for issuance of bonds and any amendments to the plan.
‘‘(C) the adoption, amendment, or repeal of a regulation.
‘‘(D) the adoption or revision of a master plan.
‘‘(E) the appointment of the chief executive officer.
‘‘(F) the award of a contract (except a contract in connection with the
issuance or sale of bonds that is executed within 30 days of the date of
issuance of the bonds) that has been approved by the board of directors
of the Airports Authority.
‘‘(G) any action of the board of directors approving a terminal design
or airport layout or a modification of the design or layout.
‘‘(H) the authorization for the acquisition or disposal of land and the
grant of a long-term easement.
‘‘(2)(A) The Board of Review may make recommendations to the board of
directors regarding an action within the later of—
‘‘(i) 30 calendar days of its submission under this subsection; or
‘‘(ii) 10 calendar days (excluding Saturdays, Sundays, and holidays,
and any day on which neither House of Congress is in session because
of an adjournment sine die, a recess of more than 3 days, or an adjourn-
ment of more than 3 days) of its submission under this subsection.
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‘‘(B) The recommendations may include a recommendation that the action
not take effect. If the Board of Review does not make a recommendation in
the applicable review period under this paragraph or if at any time in the
review period the Board of Review decides that it will not make a rec-
ommendation on an action, the action may take effect.
‘‘(3) An action with respect to which the Board of Review has made a rec-
ommendation may take effect only if the board of directors—
‘‘(A) adopts the recommendation; or
‘‘(B) has evaluated the recommendation and responded, in writing, to
the Board of Review and transmits the action, evaluation, and response
to Congress in accordance with paragraph (4) of this subsection and the
60-calendar day period described in paragraph (4) expires.
‘‘(4) If the board of directors does not adopt a recommendation of the
Board of Review regarding an action, the board of directors shall transmit
to the Speaker of the House of Representatives and the President of the Senate
a detailed description of the action, the recommendation of the Board of Re-
view regarding the action, and the evaluation and response of the board of
directors to the recommendation. The action may not take effect until the ex-
piration of 60 calendar days (excluding Saturdays, Sundays, and holidays,
and any day on which neither House of Congress is in session because of an
adjournment sine die, a recess of more than 3 days, or an adjournment of
more than 3 days) beginning on the day on which the board of directors
transmits the material.
‘‘(5) Unless an annual budget for a fiscal year has taken effect in accord-
ance with this procedure, the Airports Authority may obligate or expend
money in the fiscal year only for—
‘‘(A) debt service on previously authorized obligations; and
‘‘(B) obligations and expenditures for previously authorized capital ex-
penditures and routine operating expenses.
‘‘(h) REQUEST FOR CONSIDERATION OF OTHER MATTERS.—The Board of
Review may request the Airports Authority to consider and vote, or to report,
on any matter related to the Metropolitan Washington Airports. On receiving
a request, the Airports Authority shall consider and vote, or report, on the
matter as promptly as feasible.
‘‘(i) CONGRESSIONAL DISAPPROVAL PROCEDURE.—(1) In this subsection,
‘resolution’—
‘‘(A) means only a joint resolution related to an action of the board
of directors transmitted to Congress under subsection (g)(4) of this sec-
tion, the matter after the resolving clause of which is as follows: ‘That
the Congress disapproves of the action of the board of directors of the
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Metropolitan Washington Airports Authority described as follows:
lllll.’, with the blank space being filled appropriately; but
‘‘(B) does not include a resolution that specifies more than one action.
‘‘(2) This subsection is enacted by Congress—
‘‘(A) as an exercise of the rulemaking power of the Senate and the
House of Representatives, respectively, and these provisions—
‘‘(i) are deemed a part of the rule of each House, respectively, but
applicable only with respect to the procedure to be followed in that
House in the case of resolutions described by this subsection; and
‘‘(ii) supersede other rules only to the extent that they are incon-
sistent with the other rules; and
‘‘(B) with complete recognition of the constitutional right of either
House to change the rule (as it relates to the procedure of that House)
at any time, in the same way, and to the same extent as any other rule
of that House.
‘‘(3) A resolution with respect to a board of director’s action shall be re-
ferred to the Committee on Transportation and Infrastructure of the House
of Representatives, or the Committee on Commerce, Science, and Transpor-
tation of the Senate, by the Speaker of the House of Representatives or the
President of the Senate, as the case may be.
‘‘(4)(A) If the committee to which a resolution has been referred does not
report the resolution within 20 calendar days after it is introduced, a motion
is in order to discharge the committee from further consideration of the resolu-
tion or any other resolution related to the action of the board of directors that
has been referred to the committee.
‘‘(B) A motion to discharge may be made only by an individual favoring
the resolution and is highly privileged (except that the motion may not be
made after the committee has reported a resolution on the same action). De-
bate on the motion is limited to not more than one hour, to be divided equally
between those favoring and those opposing the resolution. An amendment to
the motion is not in order. A motion to reconsider the vote by which the mo-
tion is agreed to or disagreed to is not in order.
‘‘(C) Motions to postpone shall be decided without debate.
‘‘(D) If the motion to discharge is agreed to or disagreed to, the motion
may not be renewed and another motion to discharge the committee from an-
other resolution on the same action may not be made.
‘‘(5)(A) After the Committee on Commerce, Science, and Transportation of
the Senate reports, or is discharged from further consideration of, a resolu-
tion, a motion to proceed to the consideration of the resolution is in order
at any time, even though a similar previous motion has been disagreed to.
The motion is highly privileged and is not debatable. An amendment to the
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motion is not in order. A motion to reconsider the vote by which the motion
is agreed to or disagreed to is not in order.
‘‘(B) Debate in the Senate on the resolution is limited to not more than
10 hours, to be divided equally between those favoring and those opposing the
resolution. A motion further to limit debate is not debatable. An amendment
to, or motion to recommit, the resolution is not in order. A motion to recon-
sider the vote by which the resolution is agreed to or disagreed to is not in
order.
‘‘(6) The following shall be decided in the Senate without debate:
‘‘(A) a motion to postpone consideration of a resolution.
‘‘(B) a motion to proceed to the consideration of other business.
‘‘(C) an appeal from a decision of the chair related to the application
of the rules of the Senate to the procedures related to a resolution.
‘‘(7) The following procedures apply if, before the passage by one House of
a joint resolution of that House, that House receives from the other House
a joint resolution:
‘‘(A) The joint resolution of the other House shall not be referred to
a committee and, except in the case of final passage as provided in sub-
paragraph (B) of this paragraph, may not be considered in the House
receiving it.
‘‘(B) With respect to a joint resolution described in subparagraph (A)
of this paragraph of the House receiving the joint resolution—
‘‘(i) the procedure in that House shall be the same as if no joint
resolution had been received from the other House; but
‘‘(ii) the vote on final passage shall be on the joint resolution of
the other House.
‘‘(C) On disposition of the joint resolution received from the other
House, consideration of the joint resolution that originated in the receiv-
ing House is not in order.
‘‘§ 49108. Federal employees at Metropolitan Washington Air-
ports
‘‘(a) LABOR AGREEMENTS.—(1) The Metropolitan Washington Airports
Authority adopted all labor agreements that were in effect on June 7, 1987.
Unless the parties otherwise agree, the agreements must be renegotiated before
June 7, 1992.
‘‘(2) Employee protection arrangements made under this section shall en-
sure, during the 50-year lease term, the continuation of all collective bargain-
ing rights enjoyed by transferred employees retained by the Airports Author-
ity.
‘‘(b) CIVIL SERVICE RETIREMENT.—Any Federal employee who transferred
to the Airports Authority and who on June 6, 1987, was subject to subchapter
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III of chapter 83 or chapter 84 of title 5, is subject to subchapter III of chap-
ter 83 or chapter 84 for so long as continually employed by the Airports Au-
thority without a break in service. For purposes of subchapter III of chapter
83 and chapter 84, employment by the Airports Authority without a break
in continuity of service is deemed to be employment by the United States Gov-
ernment. The Airports Authority is the employing agency for purposes of sub-
chapter III of chapter 83 and chapter 84 and shall contribute to the Civil
Service Retirement and Disability Fund amounts required by subchapter III
of chapter 83 and chapter 84.
‘‘(c) ACCESS TO RECORDS.—The Airports Authority shall allow representa-
tives of the Secretary of Transportation adequate access to employees and em-
ployee records of the Airports Authority when needed to carry out a duty or
power related to the period before June 7, 1987. The Secretary shall provide
the Airports Authority access to employee records of transferring employees
for appropriate purposes.
‘‘§ 49109. Nonstop flights
‘‘An air carrier may not operate an aircraft nonstop in air transportation
between Washington National Airport and another airport that is more than
1,250 statute miles away from Washington National Airport.
‘‘§ 49110. Relationship to and effect of other laws
‘‘(a) SAME POWERS AND RESTRICTIONS UNDER OTHER LAWS.—To ensure
that the Metropolitan Washington Airports Authority has the same propri-
etary powers and is subject to the same restrictions under United States law
as any other airport except as otherwise provided in this chapter, during the
period that the lease authorized by section 6005 of the Metropolitan Washing-
ton Airports Act of 1986 (Public Law 99–500, 100 Stat. 1783–375, Public
Law 99–591, 100 Stat. 3341–378) is in effect—
‘‘(1) the Metropolitan Washington Airports are deemed to be public
airports for purposes of chapter 471 of this title; and
‘‘(2) the Act of June 29, 1940 (ch. 444, 54 Stat. 686), the First Sup-
plemental Civil Functions Appropriations Act, 1941 (ch. 780, 54 Stat.
1030), and the Act of September 7, 1950 (ch. 905, 64 Stat. 770), do not
apply to the operation of the Metropolitan Washington Airports, and the
Secretary of Transportation is relieved of all responsibility under those
Acts.
‘‘(b) INAPPLICABILITY OF CERTAIN LAWS.—The Metropolitan Washington
Airports and the Airports Authority are not subject to the requirements of
any law solely by reason of the retention by the United States Government
of the fee simple title to those airports or because of the authority of the Board
of Review under section 49107 of this title.
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‘‘(c) POLICE POWER.—Virginia has concurrent police power authority over
the Metropolitan Washington Airports, and the courts of Virginia may exer-
cise jurisdiction over Washington National Airport.
‘‘(d) PLANNING.—(1) The authority of the National Capital Planning Com-
mission under section 5 of the Act of June 6, 1924 (40 U.S.C. 71d), does not
apply to the Airports Authority.
‘‘(2) The Airports Authority shall consult with—
‘‘(A) the Commission and the Advisory Council on Historic Preserva-
tion before undertaking any major alterations to the exterior of the main
terminal at Washington Dulles International Airport; and
‘‘(B) the Commission before undertaking development that would alter
the skyline of Washington National Airport when viewed from the oppos-
ing shoreline of the Potomac River or from the George Washington Park-
way.
‘‘(e) OPERATION LIMITATIONS.—The Administrator of the Federal Aviation
Administration may not increase the number of instrument flight rule takeoffs
and landings authorized for air carriers by the High Density Rule (14 C.F.R.
93.121 et seq.) at Washington National Airport on October 18, 1986, and may
not decrease the number of those takeoffs and landings except for reasons of
safety.
‘‘§ 49111. Separability
‘‘Except as provided in section 49106(f) of this title, if any provision of
this chapter, or the application of a provision of this chapter to a person or
circumstance, is held invalid, the remainder of this chapter and the applica-
tion of the provision to other persons or circumstances is not affected.’’.
(91) In sections 50101(a) and (b)(3), 50102, 50104(b)(1), and 50105,
as redesignated by clause (89)(D) of this section, strike ‘‘sections
47106(d) and’’ and substitute ‘‘section’’.
(92) In
section
60101,
strike
‘‘(a)’’
and
substitute
‘‘(a) GEN-
ERAL.—’’.
(93) In section 60114(a)(9), strike ‘‘60120, 60122, and 60123’’ and
substitute ‘‘60120 and 60122’’.
(94) In section 70102(6), strike ‘‘facilities’’ and substitute ‘‘facilities
at that location’’.
(95) In section 70112(a)(3)(B), insert ‘‘(i) or (ii)’’ after ‘‘(A)’’.
(96) In section 70113(e)(6)(D), insert ‘‘a’’ before ‘‘resolution’’.
(97) In section 70117(b)(2), strike ‘‘Land Remote–Sensing Commer-
cialization Act of 1984 (15 U.S.C. 4201 et seq.)’’ and substitute ‘‘Land
Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.)’’.
SEC. 6. TECHNICAL CHANGES TO OTHER LAWS.
(a) Effective July 5, 1994—
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(1) Section 4(f)(1)(S) of the Act of July 5, 1994 (Public Law 103–
272, 108 Stat. 1362), is amended to read as follows:
‘‘(S) In section 6101(4)(B), strike ‘agency’ the 2d time it appears and
substitute ‘agency.’.’’.
(2) Section 5(e)(11) of the Act of July 5, 1994 (Public Law 103–272,
108 Stat. 1374), as amended by section 7(a)(4)(A) of the Act of October
31, 1994 (Public Law 103–429, 108 Stat. 4389), is amended to read as
follows:
‘‘(11) In section 2516(1)(j), strike ‘section’ the first place it appears
and all that follows and substitute ‘section 60123(b) (relating to destruc-
tion of a natural gas pipeline) or section 46502 (relating to aircraft pi-
racy) of title 49;’.’’.
(b) Effective August 26, 1994, section 105(b)(2) of the Hazardous Materials
Transportation Act of 1994 (title I of Public Law 103–311, 108 Stat. 1674)
is amended to read as follows:
‘‘(2) by striking ‘the State’ the first place it appears;’’.
(c) Effective September 30, 1994, section 335A of the Department of Trans-
portation and Related Agencies Appropriations Act, 1995 (Public Law 103–
331, 108 Stat. 2495) is amended to read as follows:
‘‘SEC. 335A. Section 5302(a)(1) of title 49, United States Code, is amended
by inserting ‘payments for the capital portions of rail trackage rights agree-
ments,’ after ‘rights of way),’.’’.
(d) Effective October 31, 1994—
(1) Section 6 of the Act of October 31, 1994 (Public Law 103–429,
108 Stat. 4378), is amended as follows:
(A) Clause (41) is amended to read as follows:
‘‘(41) Section 32913(b) is amended as follows:
‘‘(A) In the catchline, strike ‘PENALTY REDUCTION’ and substitute
‘CERTIFICATION’.
‘‘(B) In paragraph (1), strike ‘the penalty should be reduced’ and
substitute ‘a reduction in the penalty is necessary’.’’.
(B) Clause (44)(B) is amended to read as follows:
‘‘(B) Add before the period at the end ‘of this title’.’’.
(2) Section 8(1) of the Act of October 31, 1994 (Public Law 103–429,
108 Stat. 4390), is amended by striking ‘‘1st paragraph’’ and substitut-
ing ‘‘1st paragraph related to transfer of aircraft’’.
(e) Effective November 2, 1994, section 10(c)(2)(A) of the Act of November
2, 1994 (Public Law 103–437, 108 Stat. 4589), is repealed and section 107(b)
of the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450k(b)), as amended by section 105(1) of the Indian Self-Determination Act
(Public Law 103–413, 108 Stat. 4269), is revived and shall read as if section
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10(c)(2)(A) of the Act of November 2, 1994 (Public Law 103–437, 108 Stat.
4589), had not been enacted.
(f) Effective December 29, 1995, the ICC Termination Act of 1995 (Public
Law 104–88, 109 Stat. 809) is amended as follows:
(1) In section 102(b), strike ‘‘Commerce’’ and ‘‘Transpor-
tation’’ and substitute ‘‘Commerce’’ and ‘‘Transportation’’, respectively.
(2) In section 305(d)(6), strike ‘‘part B or (C)’’ and substitute ‘‘part
B or C’’.
(3) In section 308(j), strike ‘‘30106(d)’’ and substitute ‘‘30166(d)’’.
(4) Section 327 is amended as follows:
(A) in clause (3)(B), strike ‘‘ ‘Interstate Commerce Act’ ’’ and sub-
stitute ‘‘ ‘the Interstate Commerce Act’ in subsection (b)(3)’’.
(B) in clause (5), insert ‘‘(A)’’ after ‘‘(5)’’ and add at the end
of the clause the following:
‘‘(B) by inserting after item 712 in the table of contents the fol-
lowing:
‘Sec. 713. Class II railroads receiving Federal assistance.’.’’.
(g) Section 401 of the Federal Election Campaign Act of 1971 (2 U.S.C.
451) is amended by striking ‘‘such Secretary’’ and substituting ‘‘the Sec-
retary’’.
(h) Section 917(a)(4) of the Consumer Credit Protection Act (15 U.S.C.
1693o(a)(4)) is amended by striking ‘‘Civil Aeronautics Board’’ and substitut-
ing ‘‘Secretary of Transportation’’.
(i) In section 17(d) of the Noise Control Act of 1972 (Public Law 92–574,
86 Stat. 1249), strike ‘‘such terms have under the first section of the Act of
February 17, 1911 (45 U.S.C. 22)’’ and substitute ‘‘the term ‘railroad carrier’
has in section 20102 of title 49, United States Code’’.
(j) The Comprehensive Environmental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9601 et seq.) is amended as follows:
(1) In section 101(26), strike ‘‘the Pipeline Safety Act’’ and substitute
‘‘section 60101(a) of title 49, United States Code’’.
(2) In section 107(c)(1)(C), strike ‘‘the Hazardous Liquid Pipeline
Safety Act of 1979’’ and substitute ‘‘section 60101(a) of title 49, United
States Code’’.
(k) Section 241(2) of the Americans with Disabilities Act of 1990 (42
U.S.C. 12161(2)) is amended by striking ‘‘commuter service’’ and substituting
‘‘commuter rail passenger transportation’’.
SEC. 7. REPEAL OF OTHER LAWS.
The following are repealed:
(1) Section 119 ‘‘Sec. 404(f)’’ of the Amtrak Reorganization Act of
1979 (Public Law 96–73, 93 Stat. 547).
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(2) Sections 1(a)(3) and (b), 2, and 4–6 of the Reorganization Plan
No. 2 of 1968 (effective June 30, 1968, 82 Stat. 1369, 1370).
(3) Sections 5005 and 6020 of the Intermodal Surface Transportation
Efficiency Act (49 U.S.C. 301(notes)).
(4) Section 317 of the Department of Transportation and Related
Agencies Appropriations Act, 1995 (49 U.S.C. 44502(note)).
(5) The Department of Transportation Act (Public Law 89–670, 80
Stat. 931).
(6) Sections 129 and 135 of the Airport and Airway Safety, Capacity,
Noise Improvement, and Intermodal Transportation Act of 1992 (Public
Law 102–581, 106 Stat. 4886, 4888)
(7) Section 27 of the Bus Regulatory Reform Act of 1982 (Public Law
97–261, 96 Stat. 1126).
(8) Section 4007(a), (c), (d), and (e) of the Intermodal Surface Trans-
portation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2151,
2152).
SEC. 8. EFFECTIVE DATE.
(1) The amendments made by sections 3 and 5(10)–(17), (19), (20), (52),
(53), (55), (61), (62), (65), (70), (78), (79), and (93)–(95) of this Act shall
take effect on July 5, 1994.
(2) The amendment made by section 5(83)(A) of this Act shall take effect
on October 31, 1994.
SEC. 9. LEGISLATIVE PURPOSE AND CONSTRUCTION.
(a) NO SUBSTANTIVE CHANGE.—This Act restates, without substantive
change, laws enacted before March 1, 1996, that were replaced by this Act.
This Act may not be construed as making a substantive change in the laws
replaced. Laws enacted after February 29, 1996, that are inconsistent with
this Act supersede this Act to the extent of the inconsistency.
(b) REFERENCES.—A reference to a law replaced by this Act, including a
reference in a regulation, order, or other law, is deemed to refer to the cor-
responding provision enacted by this Act.
(c) CONTINUING EFFECT.—An order, rule, or regulation in effect under a
law replaced by this Act continues in effect under the corresponding provision
enacted by this Act until repealed, amended, or superseded.
(d) ACTIONS AND OFFENSES UNDER PRIOR LAW.—An action taken or an
offense committed under a law replaced by this Act is deemed to have been
taken or committed under the corresponding provision enacted by this Act.
(e) INFERENCES.—An inference of a legislative construction is not to be
drawn by reason of the location in the United States Code of a provision en-
acted by this Act or by reason of a caption or catchline of the provision.
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(f) SEVERABILITY.—If a provision enacted by this Act is held invalid, all
valid provisions that are severable from the invalid provision remain in effect.
If a provision enacted by this Act is held invalid in any of its applications,
the provision remains valid for all valid applications that are severable from
any of the invalid applications.
SEC. 10. REPEALS.
(a) INFERENCES OF REPEAL.—The repeal of a law by this Act may not
be construed as a legislative inference that the provision was or was not in
effect before its repeal.
(b) REPEALER SCHEDULE.—The laws specified in the following schedule
are repealed, except for rights and duties that matured, penalties that were
incurred, and proceedings that were begun before the date of enactment of this
Act:
Schedule of Laws Repealed
Statutes at Large
Date
Chapter or
Public Law
Section
Statutes at Large
U.S. Code
Vol-
ume
Page
Title
Section
1916
Sept. 3, 5
436 ............
..............................................................
721, 722 ......
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 ............
.......
.......................