H. R. 1086
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
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 26, INTERNAL REVENUE CODE OF 1986.
Section 9503(e)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 9503(e)(3)) is amended by striking ‘‘such Acts are in effect’’
and all that follows through the end of the paragraph and substitut-
ing ‘‘section 5338(a)(1) or (b)(1) and the Intermodal Surface
Transportation Efficiency Act of 1991 were in effect on December
18, 1991’’.
SEC. 2. TITLE 49, UNITED STATES CODE.
Title 49, United States Code, is amended as follows:
(1) In the item related to subchapter I in the analysis
for chapter 5, strike—
‘‘DUTIES AND’’.
(2) In the heading for subchapter I of chapter 5, strike—
‘‘AND’’.
(3) In section 5108(f ), strike ‘‘section 522(f )’’ and substitute
‘‘section 552(b)’’.
(4) Section 5303(c) is amended as follows:
(A) In paragraph (1), insert ‘‘and sections 5304–5306
of this title’’ after ‘‘this section’’.
(B) In paragraph (4)(A), strike ‘‘paragraph (3)’’ and
substitute ‘‘paragraph (5)’’.
(C) In paragraph (5)(A), insert ‘‘and sections 5304–
5306 of this title’’ after ‘‘this section’’.
(5) In item 155 in the subtitle analysis for subtitle IV,
strike ‘‘AND TARIFFS’’.
(6) In section 11904(a)(2), strike ‘‘a person’’ and substitute
‘‘person’’.
(7) In section 11906, strike ‘‘of this title’’ and substitute
‘‘of this part’’.
(8) In section 13506(a)(5), strike ‘‘1141j(a))’’ and substitute
‘‘1141j(a)))’’.
(9) In section 13703(a)(2), strike ‘‘subsection (a)’’ and sub-
stitute ‘‘paragraph (1)’’.
(10) In section 13905(e)(1), strike ‘‘31144,’’ and substitute
‘‘31144’’.
H. R. 1086—2
(11) In section 14123(c)(2)(B), insert ‘‘in’’ before ‘‘no event’’.
(12) In section 14903(a), insert ‘‘a’’ before ‘‘civil penalty
of not more than’’.
(13) In section 15101(a), strike ‘‘oversee of ’’ and substitute
‘‘oversee’’.
(14) In the item related to section 15904 in the analysis
for chapter 159, strike ‘‘certain’’ and substitute ‘‘pipeline’’.
(15) In section 15904(c)(1), strike ‘‘section 11501(b)’’ and
substitute ‘‘15901(b)’’.
(16) In section 16101, redesignate subsection (d) as (c).
(17) In item 305 in the subtitle analysis for subtitle VI,
strike ‘‘NATIONAL AUTOMOBILE TITLE INFORMATION SYSTEM’’ and
substitute ‘‘NATIONAL
MOTOR
VEHICLE
TITLE
INFORMATION
SYSTEM’’.
(18) In section 30305(b)—
(A) in paragraph (8), as redesignated by section 207(b)
of the Coast Guard Authorization Act of 1996 (Public Law
104–324; 110 Stat. 3908), strike ‘‘paragraph (2)’’ and
substitute ‘‘subsection (a) of this section’’; and
(B) redesignate paragraph (8), as redesignated by
section 502(b)(1) of the Federal Aviation Reauthorization
Act of 1996 (Public Law 104–264; 110 Stat. 3262), as para-
graph (9).
(19) In section 32706(c), strike ‘‘subchapter II of chapter
105’’ and substitute ‘‘subchapter I of chapter 135’’.
(20) In the analysis of subtitle VII, strike the item related
to part D and substitute
‘‘PART D—PUBLIC AIRPORTS
‘‘491.
METROPOLITAN WASHINGTON AIRPORTS ...............................
49101’’.
(21) In the item related to section 41502 in the analysis
for chapter 415, strike ‘‘common’’.
(22) The catchline for section 41502 is amended by striking
‘‘common’’.
(23) In section 41713(b)(4)(B)(ii), strike ‘‘10102’’ and sub-
stitute ‘‘13102’’.
(24) 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 49111(e) of this title’’.
(25) In section 44936(f )(1)(C), strike ‘‘section 30305(b)(7)’’
and substitute ‘‘section 30305(b)(8) of this title’’.
(26) 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. Federal employees at Metropolitan Washington Airports.
‘‘49108. Limitations.
‘‘49109. Nonstop flights.
‘‘49110. Use of Dulles Airport Access Highway.
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‘‘49111. Relationship to and effect of other laws.
‘‘49112. Separability and effect of judicial order.
‘‘§ 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 District of Columbia, and the surround-
ing 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 Air-
port 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 interest in the operation of the 2 federally owned air-
ports, 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 independent local authority will facilitate timely improve-
ments at both airports to meet the growing demand of interstate
air transportation occasioned 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 operated 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 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
jurisdictions, similar to authorities at all major airports in
the United States, will improve communications with local
officials and concerned residents regarding noise at the Metro-
politan Washington Airports;
‘‘(9) a commission of congressional, State, and local officials
and aviation 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.
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‘‘§ 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, includ-
ing access highways and other related facilities, to a properly con-
stituted independent airport authority 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, Virginia, the District
of Columbia, and Maryland.
‘‘§ 49103. Definitions
‘‘In this chapter—
‘‘(1) ‘Airports Authority’ means the Metropolitan Washing-
ton Airports Authority, a public authority created by Virginia
and the District of Columbia consistent with the requirements
of section 49106 of this title.
‘‘(2) ‘employee’ means any permanent Federal Aviation
Administration 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 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 between the Secretary of Transpor-
tation and 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 at least the following:
‘‘(1) The Airports Authority shall operate, maintain, protect,
promote, 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 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 that are not
inconsistent with the needs of aviation.
‘‘(B) During the period of the lease, the real property
constituting the Metropolitan Washington Airports shall be
used only for airport purposes.
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‘‘(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
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.
‘‘(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. 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 estimated 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 competitive 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 Air-
ports (14 CFR 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 number of instrument flight rule takeoffs and landings
authorized by the High Density Rule (14 CFR 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 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 Author-
ity shall assume responsibility for the Federal Aviation
Administration’s Master Plans for the Metropolitan Washington
Airports.
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‘‘(B) The procedure for disputes resolution contained in
any contract entered into on behalf of the United States Govern-
ment 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
Employees’ 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 activities 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 property 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 financial 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 interest prohibition may
be granted.
‘‘(9) A landing fee imposed for operating an aircraft or
revenues derived from parking automobiles—
‘‘(A) at Washington Dulles International Airport may
not be used for maintenance or operating expenses (exclud-
ing debt service, depreciation, and amortization) at
Washington National Airport; and
‘‘(B) at Washington National Airport may not be used
for maintenance or operating expenses (excluding debt serv-
ice, 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 Airports 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.
‘‘(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
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1987 dollars. The Secretary and the Airports Authority may renego-
tiate 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 Author-
ity and its officers and employees to comply with the terms of
the lease. The Attorney General or an aggrieved party may bring
an action on behalf of the Government.
‘‘(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 rehabilita-
tion
‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that
the Metropolitan Washington Airports Authority—
‘‘(1) should pursue the improvement, construction, and
rehabilitation of the facilities at Washington Dulles Inter-
national Airport and Washington National Airport simulta-
neously; and
‘‘(2) to the extent practicable, should cause the improve-
ment, construction, and rehabilitation proposed by the Sec-
retary of Transportation to be completed at Washington Dulles
International Airport and Washington National Airport within
5 years after March 30, 1988.
‘‘(b) SECRETARY’S ASSISTANCE.—The Secretary shall assist the
3 airports 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 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 jurisdiction—
‘‘(A) conferred upon it jointly by the legislative author-
ity of Virginia and the District of Columbia or by either
of them and concurred in by the legislative authority of
the other jurisdiction; and
‘‘(B) that at least meet the specifications of this section
and section 49108 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 air-
ports serving the Metropolitan Washington area.
‘‘(b) GENERAL AUTHORITY.—(1) The Airports Authority shall
be authorized—
‘‘(A) to acquire, maintain, improve, operate, protect, and
promote the Metropolitan Washington Airports for public pur-
poses;
‘‘(B) to issue bonds from time to time in its discretion
for public purposes, including paying any part of the cost of
airport improvements, construction, and rehabilitation and the
H. R. 1086—8
acquisition of real and personal property, including operating
equipment for the airports;
‘‘(C) to acquire real and personal property by purchase,
lease, transfer, 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 Adminis-
tration was authorized to do so on October 18, 1996.
‘‘(2) Bonds issued under paragraph (1)(B) of this subsection—
‘‘(A) are not a debt of Virginia, the District of Columbia,
or a political 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 cer-
tain 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
13 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) 3 members appointed by the President with the advice
and consent of the Senate.
‘‘(2) The chairman of the board shall be appointed from among
the members by majority vote of the members and shall serve
until replaced by majority vote of the members.
‘‘(3) Members of the board shall be appointed by the board
for 6 years, except that of the members first appointed by the
President after October 9, 1996, one shall be appointed for 4 years.
A member may serve after the expiration of that member’s term
until a successor has taken office.
‘‘(4) A member of the board—
‘‘(A) may not hold elective or appointive political office;
‘‘(B) serves without compensation except for reasonable
expenses incident to board functions; and
‘‘(C) must reside within the Washington Standard Metro-
politan Statistical Area, except that a member of the board
appointed by the President must be a registered voter of a
State other than Maryland, Virginia, or the District of Colum-
bia.
‘‘(5) A vacancy in the board shall be filled in the manner
in which the original appointment was made. A member appointed
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 remainder of that term.
‘‘(6)(A) Not more than 2 of the members of the board appointed
by the President may be of the same political party.
‘‘(B) In carrying out their duties on the board, members
appointed by the President shall ensure that adequate consideration
is given to the national interest.
‘‘(C) The members to be appointed under paragraph (1)(D)
of this subsection must be appointed before October 1, 1997. If
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the deadline is not met, the Secretary of Transportation and the
Airports Authority are subject to the limitations of section 49108
of this title until all members referred to in paragraph (1)(D)
are appointed.
‘‘(D) A member appointed by the President may be removed
by the President for cause.
‘‘(7) Eight 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 exception if the financial interest is completely disclosed when
the member is appointed and the member does not participate
in board decisions 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 Authority.
‘‘(f ) ADMINISTRATIVE.—To assist the Secretary in carrying out
this chapter, the Secretary may hire 2 staff individuals to be paid
by the Airports Authority. The Airports Authority shall provide
clerical and support staff that the Secretary may require.
‘‘(g) REVIEW OF CONTRACTING PROCEDURES.—The Comptroller
General shall review contracts of the Airports Authority to decide
whether the contracts 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. Federal employees at Metropolitan Washington
Airports
‘‘(a) LABOR AGREEMENTS.—(1) The Metropolitan Washington
Airports Authority shall adopt 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 ensure, during the 50-year lease term, the continuation of
all collective bargaining rights enjoyed by transferred employees
retained by the Airports Authority.
‘‘(b) CIVIL SERVICE RETIREMENT.—Any Federal employee who
transferred to the Airports Authority and who on June 6, 1987,
was subject to subchapter III of chapter 83 or chapter 84 of title
5, is subject to subchapter II of chapter 83 or chapter 84 for
so long as continually employed by the Airports Authority 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 Government. The Airports Authority is the
employing agency for purposes of subchapter III of chapter 83