II
Calendar No. 169
105TH CONGRESS
1ST SESSION
H. R. 1086
IN THE SENATE OF THE UNITED STATES
JULY 9, 1997
Received; read twice and referred to the Committee on the Judiciary
SEPTEMBER 18, 1997
Reported by Mr. HATCH, without amendment
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 substituting ‘‘section 5338
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(a)(1) or (b)(1) and the Intermodal Surface Transportation Efficiency Act
of 1991 were in effect on December 18, 1991’’.
SECTION 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 ‘‘sec-
tion 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 sub-
stitute ‘‘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 ‘‘per-
son’’.
(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 substitute
‘‘paragraph (1)’’.
(10) In section 13905(e)(1), strike ‘‘31144,’’ and substitute
‘‘31144’’.
(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 chap-
ter 159, strike ‘‘certain’’ and substitute ‘‘pipeline’’.
(15) In section 15904(c)(1), strike ‘‘section 11501(b)’’ and sub-
stitute ‘‘15901(b)’’.
(16) In section 16101, redesignate subsection (d) as (c).
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(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 ‘‘sub-
section (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 paragraph (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 chap-
ter 415, strike ‘‘common’’.
(22) The catchline for section 41502 is amended by striking ‘‘com-
mon’’.
(23) In section 41713(b)(4)(B)(ii), strike ‘‘10102’’ and substitute
‘‘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.
‘‘49111. Relationship to and effect of other laws.
‘‘49112. Separability and effect of judicial order.
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‘‘§ 49101. Findings
‘‘Congress finds that—
‘‘(1) the 2 federally owned airports in the metropolitan area of the
District of Columbia constitute an important and growing part of the
commerce, transportation, and economic patterns of Virginia, the Dis-
trict of Columbia, and the surrounding region;
‘‘(2) Baltimore/Washington International Airport, owned and oper-
ated by Maryland, is an air transportation facility that provides service
to the greater Metropolitan Washington region together with the 2 fed-
erally owned airports, and timely Federal-aid grants to Baltimore/
Washington International Airport will provide additional capacity to
meet the growing air traffic needs and to compete with other airports
on a fair basis;
‘‘(3) the United States Government has a continuing but limited
interest in the operation of the 2 federally owned airports, which serve
the travel and cargo needs of the entire Metropolitan Washington re-
gion as well as the District of Columbia as the national seat of govern-
ment;
‘‘(4) operation of the Metropolitan Washington Airports by an
independent local authority will facilitate timely improvements 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 govern-
ments involved;
‘‘(7) in recognition of a perceived limited need for a Federal role
in the management of these airports and the growing local interest, the
Secretary of Transportation has recommended a transfer of authority
from the Federal to the local/State level that is consistent with the
management of major airports elsewhere in the United States;
‘‘(8) an operating authority with representation from local juris-
dictions, 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
aviation representatives has recommended to the Secretary that trans-
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fer of the federally owned airports be as a unit to an independent au-
thority to be created by Virginia and the District of Columbia; and
‘‘(10) the Federal interest in these airports can be provided
through a lease mechanism which provides for local control and oper-
ation.
‘‘§ 49102. Purpose
‘‘(a) GENERAL.—The purpose of this chapter is to authorize the trans-
fer of operating responsibility under long-term lease of the 2 Metropolitan
Washington Airport properties as a unit, including access highways and
other related facilities, to a properly constituted independent airport author-
ity created by Virginia and the District of Columbia, in order to achieve
local control, management, operation, and development of these important
transportation assets.
‘‘(b) INCLUSION OF BALTIMORE/WASHINGTON INTERNATIONAL AIR-
PORT NOT PRECLUDED.—This chapter does not prohibit the Airports Au-
thority and Maryland from making an agreement to make Baltimore/Wash-
ington International Airport part of a regional airports authority, subject
to terms agreed to by the Airports Authority, the Secretary of Transpor-
tation, Virginia, the District of Columbia, and Maryland.
‘‘§ 49103. Definitions
‘‘In this chapter—
‘‘(1) ‘Airports Authority’ means the Metropolitan Washington Air-
ports Authority, a public authority created by Virginia and the District
of Columbia consistent with the requirements of section 49106 of this
title.
‘‘(2) ‘employee’ means any permanent Federal Aviation Adminis-
tration personnel employed by the Metropolitan Washington Airports
on June 7, 1987.
‘‘(3) ‘Metropolitan Washington Airports’ means Washington Na-
tional Airport and Washington Dulles International Airport.
‘‘(4) ‘Washington Dulles International Airport’ means the airport
constructed under the Act of September 7, 1950 (ch. 905, 64 Stat.
770), and includes the Dulles Airport Access Highway and Right-of-
way, including the extension between Interstate Routes I–495 and I–
66.
‘‘(5) ‘Washington National Airport’ means the airport described in
the Act of June 29, 1940 (ch. 444, 54 Stat. 686).
‘‘§ 49104. Lease of Metropolitan Washington Airports
‘‘(a) GENERAL.—The lease between the Secretary of Transportation
and the Metropolitan Washington Airports Authority under section 6005(a)
of the Metropolitan Washington Airports Authority under section 6005(a)
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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, pro-
mote, and develop the Metropolitan Washington Airports as a unit and
as primary airports serving the Metropolitan Washington area.
‘‘(2)(A) In this paragraph, ‘airport purposes’ means a use of prop-
erty interests (except a sale) for—
‘‘(i) aviation business or activities;
‘‘(ii) activities necessary or appropriate to serve passengers or
cargo in air commerce; or
‘‘(iii) nonprofit, public use facilities 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.
‘‘(C) If the Secretary decides that any part of the real property
leased to the Airports Authority under this chapter is used for other
than airport purposes, the Secretary shall—
‘‘(i) direct that the Airports Authority take appropriate meas-
ures to have that part of the property be used for airport pur-
poses; and
‘‘(ii) retake possession of the property if the Airports Author-
ity fails to have that part of the property be used for airport pur-
poses within a reasonable period of time, as the Secretary decides.
‘‘(3) The Airports Authority is subject to section 47107(a)–(c) and
(e) of this title and to the assurances and conditions required of grant
recipients under the Airport and Airway Improvement Act of 1982
(Public Law 97–248, 96 Stat. 671) as in effect on June 7, 1987. Not-
withstanding section 47107(b) of this title, all revenues generated by
the Metropolitan Washington Airports shall be expended for the capital
and operating costs of the Metropolitan Washington Airports.
‘‘(4) In acquiring by contract supplies or services for an amount
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 competi-
tive procedures. By a vote of 7 members, the Airports Authority may
grant exceptions to the requirements of this paragraph.
‘‘(5)(A) Except as provided in subparagraph (B) of this para-
graph, all regulations of the Metropolitan Washington Airports (14
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C.F.R. part 159) become regulations of the Airports Authority as of
June 7, 1987, and remain in effect until modified or revoked by the
Airports Authority under procedures of the Airports Authority.
‘‘(B) Sections 159.59(a) and 159.191 of title 14, Code of Federal
Regulations, do not become regulations of the Airports Authority.
‘‘(C) The Airports Authority may not increase or decrease the
number of instrument flight rule takeoffs and landings authorized by
the High Density Rule (14 C.F.R. 93.121 et seq.) at Washington Na-
tional Airport on October 18, 1986, and may not impose a limitation
on the number of passengers taking off or landing at Washington Na-
tional Airport.
‘‘(6)(A) Except as specified in subparagraph (B) of this para-
graph, 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, tar-
iffs, accounts receivable, accounts payable, and litigation related to
those rights and obligations, regardless whether judgment has been en-
tered, 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 Authority shall assume responsibility for the
Federal Aviation Administration’s Master Plans for the Metropolitan
Washington Airports.
‘‘(B) The procedure for disputes resolution contained in any con-
tract entered into on behalf of the United States Government before
June 7, 1987, continues to govern the performance of the contract un-
less otherwise agreed to by the parties to the contract. Claims for mon-
etary 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 Em-
ployees’ 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 bargain-
ing rights enjoyed by employees of the Metropolitan Washington Air-
ports before June 7, 1987.
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‘‘(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 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 fi-
nancial disclosure to ensure the integrity of all decisions made by its
board of directors and employees. The code shall include standards by
which members of the board will decide, for purposes of section
49106(d) of this title, what constitutes a substantial financial interest
and the circumstances under which an exception to the conflict of inter-
est prohibition may be granted.
‘‘(9) A landing fee imposed for operating an aircraft or revenues
derived from parking automobiles—
‘‘(A) at Washington Dulles International Airport may not be
used for maintenance or operating expenses (excluding debt serv-
ice, depreciation, and amortization) at Washington National Air-
port; and
‘‘(B) at Washington National Airport may not be used for
maintenance or operating expenses (excluding debt service, depre-
ciation, and amortization) at Washington Dulles International Air-
port.
‘‘(10) The Airports Authority shall compute the fees and charges
for landing general aviation aircraft at the Metropolitan Washington
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 chap-
ter.
‘‘(b) PAYMENTS.—Under the lease, the Airports Authority must pay to
the general fund of the Treasury annually an amount, computed using the
GNP Price Deflator, equal to $3,000,000 in 1987 dollars. The Secretary
and the Airports Authority may renegotiate the level of lease payments at-
tributable to inflation costs every 10 years.
‘‘(c) ENFORCEMENT OF LEASE PROVISIONS.—The district courts of
the United States have jurisdiction to compel the Airports Authority and
its officers and employees to comply with the terms of the lease. The Attor-
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ney General or an aggrieved party may bring an action on behalf of the
Government.
‘‘(d) EXTENSION OF LEASE.—The Secretary and the Airports Author-
ity 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 Met-
ropolitan Washington Airports Authority—
‘‘(1) should pursue the improvement, construction, and rehabilita-
tion of the facilities at Washington Dulles International Airport and
Washington National Airport simultaneously; and
‘‘(2) to the extent practicable, should cause the improvement, con-
struction, and rehabilitation proposed by the Secretary of Transpor-
tation to be completed at Washington Dulles International Airport and
Washington National Airport within 5 years after March 30, 1988.
‘‘(b) SECRETARY’S ASSISTANCE.—The Secretary shall assist the 3 air-
ports serving the District of Columbia metropolitan area in planning for
operational and capital improvements at those airports and shall accelerate
consideration of applications for United States Government financial assist-
ance by whichever of the 3 airports is most in need of increasing airside
capacity.
‘‘§ 49106. Metropolitan Washington Airports Authority
‘‘(a) STATUS.—The Metropolitan Washington Airports Authority shall
be—
‘‘(1) a public body corporate and politic with the powers and juris-
diction—
‘‘(A) conferred upon it jointly by the legislative authority 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 Dis-
trict 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 au-
thorized—
‘‘(A) to acquire, maintain, improve, operate, protect, and promote
the Metropolitan Washington Airports for public purposes;
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‘‘(B) to issue bonds from time to time in its discretion for public
purposes, including paying any part of the cost of airport improve-
ments, 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,
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 organiza-
tions to the extent that the Federal Aviation Administration was au-
thorized 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 po-
litical subdivision of Virginia or the District of Columbia; and
‘‘(B) may be secured by the Airports Authority’s revenues gen-
erally, or exclusively from the income and revenues of certain des-
ignated 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 gov-
erned 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 Colum-
bia;
‘‘(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 Metropolitan
Statistical Area, except that a member of the board appointed by the
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President must be a registered voter of a State other than Maryland,
Virginia, or the District of Columbia.
‘‘(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 oc-
curring before the expiration of the term for which the member’s prede-
cessor 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 na-
tional interest.
‘‘(C) The members to be appointed under paragraph (1)(D) of this
subsection must be appointed before October 1, 1997. If the deadline is not
met, the Secretary of Transportation and the Airport 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 im-
mediate 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 serv-
ices, or airport services enterprise that otherwise has interests that can be
directly affected by the Airports Authority. The official appointing a mem-
ber 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 Au-
thority.
‘‘(f) ADMINISTRATIVE.—To assist the Secretary in carrying out this
chapter, the Secretary may hire 2 staff individuals to be paid by the Air-
ports Authority. The Airports Authority shall provide clerical and support
staff that the Secretary may require.
‘‘(g) REVIEW OF CONTRACTING PROCEDURES.—The Comptroller Gen-
eral shall review contracts of the Airports Authority to decide whether the
contracts were awarded by procedures that follow sound Government con-
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tracting 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 Infra-
structure of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
‘‘§ 49107. Federal employees at Metropolitan Washington Air-
ports
‘‘(a) LABOR AGREEMENTS.—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 renegoti-
ated 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 bar-
gaining rights enjoyed by transferred employees retained by the Airports
Authority.
‘‘(b) CIVIL SERVICE RETIREMENT.—Any Federal employee who trans-
ferred 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 sub-
chapter 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 sub-
chapter III of chapter 83 and chapter 84, employment by the Airports Au-
thority 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 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 rep-
resentatives of the Secretary of Transportation adequate access to employ-
ees and employee records of the Airports Authority when needed to carry
out a duty or power related to the period before June 7, 1987. The Sec-
retary shall provide the Airports Authority access to employee records of
transferring employees for appropriate purposes.
‘‘§ 49108. Limitations
‘‘After October 1, 2001, the Secretary of Transportation may not ap-
prove an application of the Metropolitan Washington Airports Authority—
‘‘(1) for an airport development project grant under subchapter I
of chapter 471 of this title; or
‘‘(2) to impose a passenger facility fee under section 40117 of this
title.
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‘‘§ 49109. Nonstop flights
‘‘An air carrier may not operate an aircraft nonstop in air transpor-
tation between Washington National Airport and another airport that is
more than 1,250 statute miles away from Washington National Airport.
‘‘§ 49110. Use of Dulles Airport Access Highway
‘‘The Metropolitan Washington Airports Authority shall continue in ef-
fect and enforce section 4.2(1) and (2) of the Metropolitan Washington Air-
ports Regulations, as in effect on February 1, 1995. The district courts of
the United States have jurisdiction to compel the Airports Authority and
its officers and employees to comply with this section. The Attorney General
or an aggrieved party may bring an action on behalf of the United States
Government.
‘‘§ 49111. 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
proprietary 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 Metro-
politan Washington 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 pub-
lic airports for purposes of chapter 471 of this title; and
‘‘(2) the Act of June 29, 1940 (ch. 444, 54 Stat. 686), the First
Supplemental 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 Wash-
ington Airports and the Airport Authority are not subject to the require-
ments of any law solely by reason of the retention of the United States Gov-
ernment of the fee simple title to those airports.
‘‘(c) POLICE POWER.—Virginia shall have concurrent police power au-
thority over the Metropolitan Washington Airports, and the courts of Vir-
ginia may exercise jurisdiction over Washington National Airport.
‘‘(d) PLANNING.—(1) The authority of the National Capital Planning
Commission 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—
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‘‘(A) the Commission and the Advisory Council on Historic Preser-
vation 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
opposing shoreline of the Potomac River or from the George Washing-
ton Parkway.
‘‘(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.
‘‘§ 49112. Separability and effect of judicial order
‘‘(a) SEPARABILITY.—If any provision of this chapter, or the applica-
tion of a provision of this chapter to a person or circumstance, is held in-
valid, the remainder of this chapter and the application of the provision to
other persons or circumstances is not affected.
‘‘(b) EFFECT OF JUDICIAL ORDER.—(1) If any provision of the Metro-
politan Washington Airports Amendments Act of 1996 (title IX of Public
Law 104–264, 110 Stat. 3274) or the amendments made by the Act, or the
application of that provision to a person, circumstance, or venue, is held in-
valid by a judicial order, the Secretary of Transportation and the Metropoli-
tan Washington Airports Authority shall be subject to section 49108 of this
title from the day after the day the order is issued.
‘‘(2) Any action of the Airports Authority that was required to be sub-
mitted to the Board of Review under section 6007(f)(4) of the Metropolitan
Washington Airports Act of 1986 (Public Law 99–500, 100 Stat. 1783–
380, Public Law 99–599, 100 Stat. 3341–383) before October 9, 1996, re-
mains in effect and may not be set aside only because of a judicial order
invalidating certain functions of the Board.’’.
SECTION. 3. TECHNICAL CHANGES TO OTHER LAWS.
(a) Effective November 15, 1995, section 333(a)(1) and (2) of the De-
partment of Transportation and Related Agencies Appropriations Act, 1996
(Public Law 104–50, 109 Stat. 457) is amended to read as follows:
‘‘(1) in subparagraph (B) ‘that extends the economic life of a bus
for at least 5 years’; and
‘‘(2) in subparagraph (C), ‘that extends the economic life of a bus
for at least 8 years’.’’.
(b) Effective July 2, 1996, section 2(c) of the Anti-Car Theft Improve-
ments Act of 1996 (Public Law 104–152, 110 Stat. 1384) is amended by
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striking ‘‘sections 30502 and 30503’’ and substituting ‘‘sections 30501(6),
30502, 30503, and 30504(a)(1)’’.
(c) Effective October 9, 1996, the Federal Aviation Reauthorization
Act of 1996 (Public Law 104–264, 110 Stat. 3213) is amended as follows:
(1) Section 123 is amended as follows:
(A) Subsection (b)(6) is amended to read as follows:
‘‘(6) in subparagraph (B), as so redesignated, by striking ‘at least
2.25’ and all that follows through ‘1996,’ and inserting ‘at least 4 per-
cent for each of fiscal years 1997 and 1998’; and’’.
(B) Add at the end the following:
‘‘(d) CONFORMING CROSS-REFERENCE.—Section 47117(e)(1)(A), as
redesignated by subsection (b)(3) of this section, is amended by striking
‘47504(c)(1)’ and substituting ‘47504(c)’.’’.
(2) Section 124 is amended by striking subsection (d).
(3) Section 276 is amended by adding at the end the following:
‘‘(c) CONFORMING
CROSS-REFERENCE.—Section 106(g)(1)(A) is
amended by striking ‘45302, 45303’ and substituting ‘45302–45304’.’’.
(4) Sections 502(c) and 1220(b) are repealed.
(d) Effective October 11, 1996—
(1) Section 5 of the Act of October 11, 1996 (Public Law 104–
287, 110 Stat. 3388), is amended as follows:
(A) In clause (45)(A), strike ‘‘ENFORCEMENT,’’
and substitute ‘‘ENFORCEMENT:’’.
(B) Clause (69) is amended to read as follows:
‘‘(69)(A) Add at the end of chapter 401 the following:
‘§ 40124. 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 airport facility.’.
‘(B) In the analysis for chapter 401, add at the end the following:
‘40124.
Interstate agreements for airport facilities.’.’’.
(C) Clause (76) is repealed.
(D) Clause (79) is amended to read as follows:
‘‘(79) 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 section
44718(a)), and chapter 449 (except sections 44902, 44903(d), 44904,
and 44907–44909)’.’’.
(E) clause (84) is repealed.
(2) Section 8 of the Act of October 11, 1996 (Public Law 104–
287, 110 Stat. 3400), is amended as follows:
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(A) In paragraph (1), strike ‘‘(77), (78)’’ and substitute
‘‘(77)–(79)’’.
(B) Paragraph (2) is amended to read as follows:
‘‘(2) The amendments made by section 5(81)(B), (82)(A), and (83)(A)
shall take effect on September 30, 1998.’’.
(e) The General Aviation Revitalization Act of 1994 (Public Law 103–
298, 108 Stat. 1552) is amended as follows:
(1) In section 2(c), strike ‘‘the Federal Aviation Act of 1958 (49
U.S.C. App. 1301 et seq.)’’ and substitute ‘‘part A of subtitle VII of
title 49, United States Code,’’.
(2) In section 3—
(A) in paragraph (1), strike ‘‘section 101(5) of the Federal
Aviation Act of 1958 (49 U.S.C. 1301(5))’’ and substitute ‘‘sec-
tion 40102(a)(6) of title 49, United States Code’’;
(B) in paragraph (2), strike ‘‘section 603(c) of the Federal
Aviation Act of 1958 (49 U.S.C. 1423(c))’’ and substitute ‘‘section
44704(c)(1) of title 49, United States Code,’’; and
(C) in paragraph (4), strike ‘‘section 603(a) of the Federal
Aviation Act of 1958 (49 U.S.C. 1423(a))’’ and substitute ‘‘sec-
tion 44704(a) of title 49, United States Code,’’.
(f) The amendments made by subsections (a)–(d) of this section shall
take effect as if included in the provisions of the acts to which the amend-
ments relate.
SECTION 4. LEGISLATIVE PURPOSE AND CONSTRUCTION.
(a) NO SUBSTANTIVE CHANGE.—This Act restates, without substantive
change, laws enacted before May 1, 1997, that were replaced by this Act.
This Act may not be construed as making a substantive change in the laws
replaced. Laws enacted after April 30, 1997, 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
corresponding 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.
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(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
enacted by this Act or by reason of a caption or catch line of the provision.
(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 applica-
tions, the provision remains valid for all valid applications that are severable
from any of the invalid applications.
SECTION 5. 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 sched-
ule are repealed, except for rights and duties that matured, penalties that
were incurred, and proceedings that were begun before the date of enact-
ment 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
1996
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 ............
.......
........................
1996
Oct. 9 ....
104–264 ....
902–907 ...............................................
110
3274 ............
.......
........................
Passed the House of Representatives July 8, 1997.
Attest:
ROBIN H. CARLE,
Clerk.