I
104TH CONGRESS
1ST SESSION
H. R. 1036
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
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
AIRPORTS 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 provi-
sion, 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
period 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
(6) and (7), respectively, and by inserting after paragraph
(3) the following:
‘‘(4) VACANCIES.—A vacancy in the board of
directors 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 in-
serting 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) 
REQUIRED
NUMBER
OF
VOTES.—Section
6007(e)(7), as redesignated by subsection (d) of this sec-
tion, 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 heading and paragraph (1) and in-
serting the following:
‘‘(f) FEDERAL ADVISORY COMMISSION.—
‘‘(1) COMPOSITION.—There is established a
Federal Advisory Commission of the Airports Au-
thority which shall represent the interests of users of
the Metropolitan Washington Airports and shall be
composed of 9 members appointed by the Secretary
of Transportation.’’.
(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 ‘‘Commis-
sion’’;
(4) in section 6007(f)(7), as redesignated by
section 8(a) of this Act, by striking ‘‘Board’’ the sec-
ond place it appears and inserting ‘‘Commission’’;
and
(5) in section 6009(b) by striking ‘‘Board of
Review’’ and inserting ‘‘Federal Advisory Commis-
sion’’.
(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 Fed-
eral 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 be-
come effective.
‘‘(ii) URGENT AND COMPELLING CIR-
CUMSTANCES.—An action submitted to the
Federal Advisory Commission and Con-
gress in accordance with clause (i) may be-
come effective before the expiration of the
60-day period referred to in clause (i) if
the board of directors certifies, in writing,
to the Secretary and Congress that urgent
and compelling circumstances exist that
significantly affect the interests of the
travelling public and will not permit wait-
ing for the expiration of such 60-day pe-
riod.’’.
(b) RECOMMENDATIONS.—Section 6007(f)(4)(C) is
amended to read as follows:
‘‘(C) RECOMMENDATIONS.—The Federal
Advisory Commission may make to the board of
directors and Congress recommendations re-
garding an action within 30 calendar days of its
submission under this paragraph. Such rec-
ommendations may include a recommendation
that the action not take effect.’’.
(c) EFFECT OF RECOMMENDATIONS.—
(1) REPEAL.—Section 6007(f)(4) is amended
by striking subparagraph (D) and by redesignating
subparagraph (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 pro-
vided in clause (ii), the authority of the
Airports Authority to take any of the ac-
tions described in subparagraph (B) shall
expire on April 30, 1996.
‘‘(ii) SPECIAL RULE.—If on any day
after April 29, 1996, 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
effective beginning on such day and shall
expire on September 30, 1997.’’.
(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
remain 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
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
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Federal Advisory Commission.’’.
SEC. 11. USE OF DULLES ACCESS HIGHWAY.
The Act is further amended by adding at the end the
following:
‘‘SEC. 6013. USE OF DULLES ACCESS HIGHWAY.
‘‘(a) RESTRICTIONS.—The Airports Authority shall
continue in effect and enforce paragraphs (1) and (2) of
section 4.2 of the Metropolitan Washington Airports Reg-
ulations, as in effect on February 1, 1995.
‘‘(b) ENFORCEMENT.—The district courts of the
United States shall have jurisdiction to compel the Air-
ports Authority and its officers and employees to comply
with the requirements of this section. An action may be
brought on behalf of the United States by the Attorney
General, or by any aggrieved party.’’.
SEC. 12. AMENDMENT OF LEASE.
The Secretary of Transportation shall amend the
lease entered into with the Metropolitan Washington Air-
ports Authority under section 6005(a) of the Metropolitan
Washington Airports Authority Act of 1986 to secure the
Airports Authority’s consent to the amendments made to
such Act by this Act.
SEC. 13. AVAILABILITY OF SLOTS.
(a) IN GENERAL.—Section 41714 of title 49, United
States Code, is amended—
(1) in subsections (a)(1), (b)(1), and (c)(1) by
striking ‘‘(other than Washington National Air-
port)’’; and
(2) by redesignating subsection (h) as sub-
section (i) and by inserting after subsection (g) the
following:
‘‘(h) LIMITATION ON AUTHORITY TO GRANT EXEMP-
TIONS.—The Secretary shall not issue an exemption under
this section to the requirements of subparts K and S of
part 93 of title 14 of the Code of Federal Regulations
(pertaining to slots at high density airports) if the grant
of such exemption would adversely affect safety.’’.
(b) CONFORMING AMENDMENT.—Section 6009(e)(1)
is amended by striking ‘‘The Administrator’’ and inserting
‘‘Except as provided by section 41714 of title 49, United
States Code, the Administrator’’.
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