Union Calendar No. 296
104TH CONGRESS
2D SESSION
H. R. 1036
[Report No. 104–596]
A BILL
To amend the Metropolitan Washington Airports
Act of 1986 to direct the President to appoint
additional members to the board of directors of
the Metropolitan Washington Airports Authority,
to replace the Board of Review of the Airports
Authority with a Federal Advisory Commission,
and for other purposes.
MAY 29, 1996
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 296
104TH CONGRESS
2D SESSION
H. R. 1036
[Report No. 104–596]
To amend the Metropolitan Washington Airports Act of 1986 to direct the
President to appoint additional members to the board of directors of
the Metropolitan Washington Airports Authority, to replace the Board
of Review of the Airports Authority with a Federal Advisory Commission,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 1995
Mr. SHUSTER (for himself, Mr. MINETA, Mr. DUNCAN, and Mr. OBERSTAR)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
MAY 29, 1996
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, 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 February 24, 1995]
A BILL
To amend the Metropolitan Washington Airports Act of 1986
to direct the President to appoint additional members
to the board of directors of the Metropolitan Washington
Airports Authority, to replace the Board of Review of
the Airports Authority with a Federal Advisory Commis-
sion, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Metropolitan Washing-
ton Airports Amendments Act of 1995’’.
SEC. 2. AMENDMENT OF METROPOLITAN WASHINGTON AIR-
PORTS ACT OF 1986.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of the Metropolitan Washington Airports
Act of 1986 (100 Stat. 3341–376 et seq.).
SEC. 3. USE OF LEASED PROPERTY.
Section 6005(c)(2) is amended by inserting before the
period at the end of the second sentence the following:
‘‘which are not inconsistent with the needs of aviation’’.
SEC. 4. BOARD OF DIRECTORS.
(a) APPOINTMENT OF ADDITIONAL MEMBERS.—Sec-
tion 6007(e)(1) is amended—
(1) in the matter preceding subparagraph (A) by
striking ‘‘11’’ and inserting ‘‘15’’;
(2) in subparagraph (D) by striking ‘‘one mem-
ber’’ and inserting ‘‘five members’’.
(b) RESTRICTIONS.—Section 6007(e)(2) is amended by
striking ‘‘except that’’ and all that follows through the pe-
riod and inserting ‘‘except that the members appointed by
the President shall be registered voters of States other than
Maryland, Virginia, or the District of Columbia.’’.
(c) TERMS.—Section 6007(e)(3) is amended—
(1) in subparagraph (B) by striking ‘‘and’’ at
the end;
(2) in subparagraph (C) by striking the period
at the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(D) by the President after the date of the
enactment of this subparagraph, 2 shall be ap-
pointed for 4 years.
A member may serve after the expiration of that
member’s term until a successor has taken office.’’.
(d) VACANCIES.—Section 6007(e) is further amended
by redesignating paragraphs (4) and (5) as paragraphs (7)
and (8), respectively, and by inserting after paragraph (3)
the following:
‘‘(4) VACANCIES.—A vacancy in the board of di-
rectors shall be filled in the manner in which the
original appointment was made. Any member ap-
pointed to fill a vacancy occurring before the expira-
tion of the term for which the member’s predecessor
was appointed shall be appointed only for the re-
mainder of such term.’’.
(e) POLITICAL
PARTIES
OF
PRESIDENTIAL
AP-
POINTEES.—Section 6007(e) is further amended by insert-
ing after paragraph (4), as inserted by subsection (d) of
this section, the following:
‘‘(5) POLITICAL PARTIES OF PRESIDENTIAL AP-
POINTEES.—Not more than 3 of the members of the
board appointed by the President may be of the same
political party.’’.
(f) DUTIES OF PRESIDENTIAL APPOINTEES.—Section
6007(e) is further amended by inserting after paragraph
(5), as inserted by subsection (e) of this section, the follow-
ing:
‘‘(6) DUTIES OF PRESIDENTIAL APPOINTEES.—
In carrying out their duties on the board, members of
the board appointed by the President shall ensure that
adequate consideration is given to the national inter-
est.’’.
(g) 
REQUIRED
NUMBER
OF
VOTES.—Section
6007(e)(8), as redesignated by subsection (d) of this section,
is amended by striking ‘‘Seven’’ and inserting ‘‘Nine’’.
SEC. 5. FEDERAL ADVISORY COMMISSION.
(a) IN GENERAL.—Section 6007(f) is amended by
striking the subsection designation, heading and paragraph
(1) and inserting the following:
‘‘(f) FEDERAL ADVISORY COMMISSION.—
‘‘(1) COMPOSITION.—There is established a Fed-
eral Advisory Commission of the Airports Authority
which shall represent the interests of users of the Met-
ropolitan Washington Airports and shall be composed
of 9 members appointed by the Secretary of Transpor-
tation.’’.
(b) REFERENCES TO BOARD OF REVIEW.—The Act is
amended—
(1) in section 6007(f) by striking ‘‘Board of Re-
view’’ each place it appears and inserting ‘‘Federal
Advisory Commission’’;
(2) in section 6007(f)(3)—
(A) in the third sentence by striking
‘‘Board’’ each place it appears and inserting
‘‘Commission’’; and
(B) in the fourth sentence by striking
‘‘Board’’ the second place it appears and insert-
ing ‘‘Commission’’;
(3) in the second sentence of section 6007(f)(6),
as redesignated by section 8(a) of this Act, by striking
‘‘Board’’ and inserting ‘‘Commission’’;
(4) in section 6007(f)(7), as redesignated by sec-
tion 8(a) of this Act, by striking ‘‘Board’’ the second
place it appears and inserting ‘‘Commission’’; and
(5) in section 6009(b) by striking ‘‘Board of Re-
view’’ and inserting ‘‘Federal Advisory Commission’’.
(c) OTHER
CONFORMING
AMENDMENTS.—Section
6007(f)(2) is amended—
(1) in subparagraph (A)—
(A) by striking ‘‘paragraphs (1)(A) and
(1)(B)’’ and inserting ‘‘paragraph (1)’’; and
(B) by striking the second sentence; and
(2) in subparagraph (D) by striking ‘‘and lists
have been provided for appointments to fill such va-
cancies’’.
SEC. 6. REVIEW PROCEDURE.
(a) SUBMISSION OF ACTIONS.—Section 6007(f)(4)(A)
is amended to read as follows:
‘‘(A) SUBMISSION REQUIRED.—
‘‘(i) IN GENERAL.—An action of the
Airports Authority described in subpara-
graph (B) shall be submitted to the Federal
Advisory Commission, the Speaker of the
House of Representatives, and the President
Pro Tempore of the Senate at least 60 days
before the action is to become effective.
‘‘(ii) URGENT AND COMPELLING CIR-
CUMSTANCES.—An action submitted to the
Federal Advisory Commission and Congress
in accordance with clause (i) may become
effective before the expiration of the 60-day
period referred to in clause (i) if the board
of directors certifies, in writing, to the Sec-
retary and Congress that urgent and com-
pelling circumstances exist that signifi-
cantly affect the interests of the traveling
public and will not permit waiting for the
expiration of such 60-day period.’’.
(b) RECOMMENDATIONS.—Section 6007(f)(4)(C) is
amended to read as follows:
‘‘(C) RECOMMENDATIONS.—The Federal Ad-
visory Commission may make to the board of di-
rectors and Congress recommendations regarding
an action within 30 calendar days of its submis-
sion under this paragraph. Such recommenda-
tions may include a recommendation that the ac-
tion not take effect.’’.
(c) EFFECT OF RECOMMENDATIONS.—
(1) REPEAL.—Section 6007(f)(4) is amended by
striking subparagraph (D) and by redesignating sub-
paragraph (E) as subparagraph (D).
(2) 
CONFORMING
AMENDMENT.—Section
6007(f)(5)(B) is amended by striking ‘‘paragraph
(4)(D)(ii)’’ and inserting ‘‘paragraph (4)’’.
(d) EXPIRATION OF AUTHORITY.—Section 6007(f)(4)
is amended by adding at the end the following:
‘‘(E) EXPIRATION OF AUTHORITY.—
‘‘(i) IN GENERAL.—Except as provided
in clause (ii), the authority of the Airports
Authority to take any of the actions de-
scribed in subparagraph (B) shall expire on
April 30, 1997.
‘‘(ii) SPECIAL RULE.—If on any day
after April 29, 1997, all of the members to
be appointed to the board of directors by the
President under section 6007(e)(1)(D) are
serving on the board, the authority of the
board referred to in clause (i) shall be effec-
tive beginning on such day and shall expire
on September 30, 1998.’’.
(e) PROTECTION OF CERTAIN ACTIONS.—Actions taken
by the Metropolitan Washington Airports Authority and
submitted to the Board of Review pursuant to section
6007(f)(4) of the Metropolitan Washington Airports Act of
1986 before the date of the enactment of this Act shall re-
main in effect and shall not be set aside solely by reason
of a judicial order invalidating certain functions of the
Board of Review.
SEC. 7. CONGRESSIONAL DISAPPROVAL PROCEDURES.
(a) COMMITTEE REFERRAL.—Section 6007(f)(5)(C) is
amended—
(1) by striking ‘‘Public Works and Transpor-
tation’’ and inserting ‘‘Transportation and Infra-
structure’’; and
(2) by striking ‘‘Commerce, Science and Tech-
nology’’ and inserting ‘‘Commerce, Science, and
Transportation’’.
(b) HOUSE
PROCEDURE.—Section 6007(f)(5) is
amended—
(1) by striking subparagraphs (D), (E), and (F);
(2) by redesignating subparagraphs (G) and (H)
as subparagraphs (E) and (F), respectively; and
(3) by inserting after subparagraph (C) the fol-
lowing:
‘‘(D) HOUSE PROCEDURE.—When the com-
mittee of the House has reported a resolution, it
is at any time in order to move that the House
resolve into the Committee of the Whole House on
the State of the Union for consideration of the
resolution. All points of order against the resolu-
tion and against consideration of the resolution
are waived. The motion is highly privileged. The
previous question shall be considered as ordered
on that motion to its adoption without interven-
ing motion. A motion to reconsider the vote by
which the motion is agreed to or disagreed to
shall not be in order. Debate thereon shall be
limited to not more than 1 hour, the time to be
divided in the House equally between a pro-
ponent and an opponent. During consideration
of the resolution in the Committee of the Whole,
the first reading of the resolution shall be dis-
pensed with. General debate shall proceed with-
out intervening motion, shall be confined to the
resolution, and shall not exceed 2 hours equally
divided and controlled by a proponent and an
opponent of the resolution. After general debate,
the Committee shall rise and report the bill to
the House. The previous question shall be consid-
ered as ordered on the resolution to final passage
without intervening motion. A motion to recon-
sider the vote on passage of the resolution shall
not be in order.’’.
SEC. 8. OTHER MATTERS RELATING TO FEDERAL ADVISORY
COMMISSION.
(a) REQUEST FOR CONSIDERATION OF OTHER MAT-
TERS; PARTICIPATION IN MEETINGS.—Section 6007(f) is
amended by striking paragraphs (6) and (7) and by redes-
ignating paragraphs (8), (9), (10), and (11) as paragraphs
(6), (7), (8), and (9), respectively.
(b) REMOVAL OF FEDERAL ADVISORY COMMISSION
MEMBERS.—Section 6007(f)(9), as redesignated by sub-
section (a) of this section, is amended by striking ‘‘by a
two-thirds vote of the board of directors’’ and inserting ‘‘by
the Secretary of Transportation’’.
SEC. 9. EFFECT OF JUDICIAL ORDERS.
(a) IN GENERAL.—Section 6007 is amended by strik-
ing subsection (h) and by redesignating subsection (i) as
subsection (h).
(b) CONFORMING
AMENDMENT.—Section 6011 is
amended by striking ‘‘Except as provided in section
6007(h), if’’ and inserting ‘‘If’’.
SEC. 10. FEDERAL ADVISORY COMMITTEE ACT.
Section 6007 is further amended by inserting after
subsection (h), as redesignated by section 9(a) of this Act,
the following:
‘‘(i) FEDERAL ADVISORY COMMITTEE ACT.—The Fed-
eral Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Federal Advisory Commission.’’.