local control, management, operation, and development of these important
transportation assets.
‘‘(b) INCLUSION OF BALTIMORE/WASHINGTON INTERNATIONAL AIRPORT
NOT PRECLUDED.—This chapter does not prohibit the Airports Authority
and Maryland from making an agreement to make Baltimore/Washington
International Airport part of a regional airports authority, subject to terms
agreed to by the Airports Authority, the Secretary of Transportation, Vir-
ginia, the District of Columbia, and Maryland.
‘‘§ 49103. Definitions
‘‘In this chapter—
‘‘(1) ‘Airports Authority’ means the Metropolitan Washington Air-
ports Authority, a public authority created by Virginia and the District
of Columbia consistent with the requirements of sections 49106 and
49108 of this title.
‘‘(2) ‘employee’ means any permanent Federal Aviation Administra-
tion personnel employed by the Metropolitan Washington Airports on
June 7, 1987.
‘‘(3) ‘Metropolitan Washington Airports’ means Washington Na-
tional Airport and Washington Dulles International Airport.
‘‘(4) ‘Washington Dulles International Airport’ means the airport
constructed under the Act of September 7, 1950 (ch. 905, 64 Stat.
770), and includes the Dulles Airport Access Highway and Right-of-
way, including the extension between Interstate Routes I–495 and I–
66.
‘‘(5) ‘Washington National Airport’ means the airport described in
the Act of June 29, 1940 (ch. 444, 54 Stat. 686).
‘‘§ 49104. Lease of Metropolitan Washington Airports
‘‘(a) GENERAL.—The lease between the Secretary of Transportation 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, 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 Authority
fails to have that part of the property be used for airport purposes
within a reasonable period of time, as the Secretary decides.
‘‘(3) The Airports Authority is subject to section 47107(a)–(c) and
(e) of this title and to the assurances and conditions required of grant
recipients under the Airport and Airway Improvement Act of 1982
(Public Law 97–248, 96 Stat. 671) as in effect on June 7, 1987. Not-
withstanding section 47107(b) of this title, all revenues generated by
the Metropolitan Washington Airports shall be expended for the capital
and operating costs of the Metropolitan Washington Airports.
‘‘(4) In acquiring by contract supplies or services for an amount esti-
mated to be more than $200,000, or awarding concession contracts, the
Airports Authority to the maximum extent practicable shall obtain
complete and open competition through the use of published competi-
tive procedures. By a vote of 7 members, the Airports Authority may
grant exceptions to the requirements of this paragraph.
‘‘(5)(A) Except as provided in subparagraph (B) of this paragraph,
all regulations of the Metropolitan Washington Airports (14 C.F.R.
part 159) become regulations of the Airports Authority as of June 7,
1987, and remain in effect until modified or revoked by the Airports
Authority under procedures of the Airports Authority.
‘‘(B) Sections 159.59(a) and 159.191 of title 14, Code of Federal
Regulations, do not become regulations of the Airports Authority.
‘‘(C) The Airports Authority may not increase or decrease the num-
ber of instrument flight rule takeoffs and landings authorized by the
High Density Rule (14 C.F.R. 93.121 et seq.) at Washington National
Airport on October 18, 1986, and may not impose a limitation on the
number of passengers taking off or landing at Washington National
Airport.
‘‘(6)(A) Except as specified in subparagraph (B) of this paragraph,
the Airports Authority shall assume all rights, liabilities, and obliga-
tions of the Metropolitan Washington Airports on June 7, 1987, in-
cluding leases, permits, licenses, contracts, agreements, claims, tariffs,
accounts receivable, accounts payable, and litigation related to those
rights and obligations, regardless whether judgment has been entered,
damages awarded, or appeal taken. The Airports Authority must co-
operate in allowing representatives of the Attorney General and the
Secretary adequate access to employees and records when needed for
the performance of duties and powers related to the period before June
7, 1987. The Airports Authority shall assume responsibility for the
Federal Aviation Administration’s Master Plans for the Metropolitan
Washington Airports.
‘‘(B) The procedure for disputes resolution contained in any contract
entered into on behalf of the United States Government before June
7, 1987, continues to govern the performance of the contract unless
otherwise agreed to by the parties to the contract. Claims for monetary
damages founded in tort, by or against the Government as the owner
and operator of the Metropolitan Washington Airports, arising before
June 7, 1987, shall be adjudicated as if the lease had not been entered
into.
‘‘(C) The Administration is responsible for reimbursing the Employ-
ees’ Compensation Fund, as provided in section 8147 of title 5, for
compensation paid or payable after June 7, 1987, in accordance with
chapter 81 of title 5 for any injury, disability, or death due to events
arising before June 7, 1987, whether or not a claim was filed or was
final on that date.
‘‘(D) The Airports Authority shall continue all collective bargaining
rights enjoyed by employees of the Metropolitan Washington Airports
before June 7, 1987.
‘‘(7) The Comptroller General may conduct periodic audits of the ac-
tivities and transactions of the Airports Authority in accordance with
generally accepted management principles, and under regulations the
Comptroller General may prescribe. An audit shall be conducted where
the Comptroller General considers it appropriate. All records and prop-
erty of the Airports Authority shall remain in possession and custody
of the Airports Authority.
‘‘(8) The Airports Authority shall 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 serv-
ice, depreciation, and amortization) at Washington National Air-
port; and
‘‘(B) at Washington National Airport may not be used for
maintenance or operating expenses (excluding debt service, depre-
ciation, and amortization) at Washington Dulles International Air-
port.
‘‘(10) The Airports Authority shall compute the fees and charges for
landing general aviation aircraft at the Metropolitan Washington Air-
ports on the same basis as the landing fees for air carrier aircraft, ex-
cept that the Airports Authority may require a minimum landing fee
that is not more than the landing fee for aircraft weighing 12,500
pounds.
‘‘(11) The Secretary shall include other terms applicable to the par-
ties to the lease that are consistent with, and carry out, this chapter.
‘‘(b) PAYMENTS.—Under the lease, the Airports Authority must pay to
the general fund of the Treasury annually an amount, computed using the
GNP Price Deflator, equal to $3,000,000 in 1987 dollars. The Secretary
and the Airports Authority may renegotiate the level of lease payments at-
tributable to inflation costs every 10 years.
‘‘(c) ENFORCEMENT OF LEASE PROVISIONS.—The district courts of the
United States have jurisdiction to compel the Airports Authority and its of-
ficers and employees to comply with the terms of the lease. The Attorney
General or an aggrieved party may bring an action on behalf of the Govern-
ment.
‘‘(d) EXTENSION OF LEASE.—The Secretary and the Airports Authority
may at any time negotiate an extension of the lease.
‘‘§ 49105. Capital improvements, construction, and rehabili-
tation
‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that the Metro-
politan Washington Airports Authority—
‘‘(1) should pursue the improvement, construction, and rehabilitation
of the facilities at Washington Dulles International Airport and Wash-
ington National Airport simultaneously; and