To codify without substantive change laws related to transportation and to improve the United States Code.
PL 105-102 (H.R.1086), enacted 11/20/1997

I l l STAT. 2204 
PUBLIC LAW 105-102—NOV. 20, 1997 
Public Law 105-102 
105th Congress 
An Act 
Nov. 20, 1997 
To codify without substantive change laws related to transportation and to improve 
[H.R. 1086] 
^^^ 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". 
PUBLIC LAW 105-102—NOV. 20, 1997 
111 STAT. 2205 
(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" eind 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 (PubUc 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 Eimended 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. 
I l l STAT. 2206 
PUBLIC LAW 105-102—NOV. 20, 1997 
"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 eind 
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 BaltimoreAVashington 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 MetropoUtan 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 csurier 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 accoimt 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 commimications 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. 
PUBLIC LAW 105-102—NOV. 20, 1997 
111 STAT. 2207 
"§49102. Purpose 
"(a) GENERAL.—The purpose of this chapter is to authorize 
the tremsfer of operating responsibiUty under long-term lease of 
the 2 MetropoUtan Washington Airport properties as a unit, includ-
ing access highways £uid 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 BALTIMOREAVASHINGTON INTERNATIONAL 
AIRPORT NOT PRECLUDED.—This chapter does not prohibit the 
Aiiports Authority and Maryland from making an agreement to 
make BaltimoreAVashington 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 imder 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 1-495 and 1-66. 
"(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 imder 
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 edrports serving the Metropolitan 
Washington area. 
"(2)(A) In this paragraph, 'airport purposes' mesms 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, pubhc 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 edrport purposes. 
I l l STAT. 2208 
PUBLIC LAW 105-102—NOV. 20, 1997 
"(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 (PubUc 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, accoimts 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. 
PUBLIC LAW 105-102—NOV. 20, 1997 
111 STAT. 2209 
"(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 Fxind, 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 s£une 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 
I l l STAT. 2210 
PUBLIC LAW 105-102—NOV. 20, 1997 
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 tJnited 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 £in extension of the lease. 
'*§ 49105. Capital improvements, construction, and rehabilita-
tion 
"(a) SENSE OF CONGRESS.—It is the sense of Congress that 
the Metropolit£in 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 shadl 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 
£ind 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 pa3dng any part of the cost of 
airport improvements, construction, and rehabilitation and the 
PUBLIC LAW 105-102—NOV. 20, 1997 
111 STAT. 2211 
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 Authorit/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 ye£irs, 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-
politEin Statistical Area, except that a member of the board 
appointed by the President must be a registered voter of a 
State other than M£iryland, 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 ssmie 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. lif 
I l l STAT. 2212 
PUBLIC LAW 105-102—NOV. 20, 1997 
the deadline is not met, the Secretary of Transportation and the 
Airports Authority are subject to the Hmitations 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 
Reports. 
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 shsill 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 imder 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 bredc in service. For purposes of subchapter III of chapter 83 
and chapter 84, emplo5mient 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 
PUBLIC LAW 105-102—NOV. 20, 1997 
111 STAT. 2213 
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 
representatives of the Secretary of Transportation adequate access 
to employees 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 Secretary 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 approve 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 imder section 40117 
of this title. 
''§ 49109. Nonstop flights 
"An air carrier may not operate an aircraft nonstop in air 
transportation 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 con-
tinue in effect and enforce section 4.2(1) and (2) of the Metropolitan 
Washington Airports 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 tlus 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 restric-
tions under United States law as any other airport except as other-
wise provided in this chapter, during the period that the lease 
authorized by section 6005 of the Metropolitan Washington Airports 
Act of 1986 (Public Law 99-500; 100 Stat. 1783-375; PubUc Law 
99-591; 100 Stat. 3341-378) is in effect— 
"(1) the Metropolitan Washington Airports are deemed to 
be public 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 
Washington Airports and the Airports Authority are not subject 
to the requirements of any law solely by reason of the retention 
Ill STAT. 2214 
PUBLIC LAW 105-102—NOV. 20, 1997 
of the United States Government of the fee simple title to those 
airports. 
"(c) POLICE POWER.—^Virginia shall have concurrent police 
power authority over the Metropolitan Washington Airports, and 
the courts of Virginia may exercise jurisdiction over Washington 
National Airport. 
"(d) PLANNING.—(1) The authority of the National Capital Plan-
ning 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— 
"(A) the Commission and the Advisory Council on Historic 
Preservation before undertaking any major alterations to the 
exterior of the main terminal at Washington Dulles Inter-
national Airport; and 
"(B) the Commission before imdertaking development that 
would alter the skyline of Washington National Airport when 
viewed from the opposing shoreline of the Potomac River or 
from the George Washington 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 CFR 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 
application of a provision of this chapter to a person or cir-
cumstsince, is held invalid, 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 
Metropolitan Washington Airports Amendments Act of 1996 (title 
D
C of PubUc 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 invalid by a judicial order, the 
Secretary of Transportation and the Metropolitan Washington Air-
ports 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 submitted 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, remains in effect and may not be 
set aside only because of a judicial order invalidating certain ftmc-
tions of the Board.". 
SEC. 3. TECHNICAL CHANGES TO OTHER LAWS. 
(a) Effective November 15, 1995, section 333(a)(1) and (2) of 
the Department of Transportation and Related Agencies Appropria-
49 use 5302 
tions 
Act, 1996 (Public Law 104^50; 109 Stat. 457) is amended 
note, 5302. 
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'.". 
PUBLIC LAW 105-102—NOV. 20, 1997 
111 STAT. 2215 
(b) Effective July 2, 1996, section 2(c) of the Anti-Car Theft 
Improvements Act of 1996 (PubHc Law 104-152; 110 Stat. 1384) 
is amended by striking "sections 30502 and 30503" £ind substituting 
"sections 30501(6), 30502, 30503, and 30504(a)(1)". 
(c) Effective October 9, 1996, the Federal Aviation Reauthoriza-
tion 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 afl that follows through '1996,' and inserting 
*at least 4 percent 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)(lXA) 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: 
"(69XA) 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 tiie United States, with another State to 
develop or operate an airport faciUty.'. 
"(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: 
(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: 
49 use 30501 
note, 30501-
30504. 
49 use 106 note. 
49 use 47117. 
49 use 47117. 
49 use 106. 
49 use 46301. 
49 use 40124 
note. 
49 use 40121, 
40124. 
49 use 45301. 
49 use 46316. 
49 use 47128. 
49 
use 
5303 
note. 
49 
use 47117 
note. 
49 
use 40101 
note. 
I l l STAT. 2216 
PUBLIC LAW 105-102—NOV. 20, 1997 
(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 sub-
stitute "section 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 sub-
stitute "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 sub-
stitute "section 44704(a) of title 49, United States Code,". 
Effective dates. 
(f) The amendments made by subsections (a) through (d) of 
49 use 106 note, this section shall take effect as if included in the provisions of 
the Acts to which the amendments relate. 
49 use note 
SEC. 4. LEGISLATIVE PURPOSE AND CONSTRUCTION. 
^^^'^' ^' 
(a) No SUBSTANTIVE CHANGE.—This Act restates, without sub-
stantive 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, amend-
ed, 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. 
(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 applications, the provision remains valid 
for all valid applications that are severable from any of the invalid 
applications. 
49 use note 
SEC. 5. REPEALS. 
P
'
*
®
'
^
' °^' 
(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. 
PUBLIC LAW 105-102—NOV. 20, 1997 
111 STAT. 2217 
(b) REPEALER SCHEDULE.—^The laws specified in the following 
schedule are repealed, except for rights and duties that matured, 
penalties that were incurred, and proceedings that were begun 
before the date of enactment of this Act: 
Schedule of Laws Repealed 
Statutes at Large 
Date 
1996 
Oct. 18 
Oct. 30 
1991 
Dec. 18 
1996 
Oct. 9 
Chapter 
or Public 
Law 
99-500 ... 
99-591 ... 
102-240 
104-264 
Section 
6001-6012 
6001-6012 
7001-7004 
902-907 
Statutes at Large 
Vol-
ume 
100 
100 
105 
110 
Page 
1783-373 
3341-376 
2197 
3274 
U.S. Code 
Title 
Section 
Approved November 20, 1997. 
LEGISLATIVE HISTORY—H.R. 1086: 
HOUSE REPORTS: No. 105-153 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
July 8, considered and passed House. 
Nov. 8, considered and passed Senate. 
o 
39-194 O - 97 - 5 : QL 3 Part 3