[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1036 Reported in House (RH)]





                                                 Union Calendar No. 296

104th CONGRESS

  2d Session

                               H. R. 1036

                          [Report No. 104-596]

_______________________________________________________________________

                                 A BILL

To amend the Metropolitan Washington Airports Act of 1986 to direct the 
 President to appoint additional members to the board of directors of 
the Metropolitan Washington Airports Authority, to replace the Board of 
 Review of the Airports Authority with a Federal Advisory Commission, 
                        and for other purposes.

_______________________________________________________________________

                              May 29, 1996

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 296
104th CONGRESS
  2d Session
                                H. R. 1036

                          [Report No. 104-596]

To amend the Metropolitan Washington Airports Act of 1986 to direct the 
 President to appoint additional members to the board of directors of 
the Metropolitan Washington Airports Authority, to replace the Board of 
 Review of the Airports Authority with a Federal Advisory Commission, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 1995

  Mr. Shuster (for himself, Mr. Mineta, Mr. Duncan, and Mr. Oberstar) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

                              May 29, 1996

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 24, 1995]

_______________________________________________________________________

                                 A BILL


 
To amend the Metropolitan Washington Airports Act of 1986 to direct the 
 President to appoint additional members to the board of directors of 
the Metropolitan Washington Airports Authority, to replace the Board of 
 Review of the Airports Authority with a Federal Advisory Commission, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Metropolitan Washington 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 provision, the reference shall be considered to 
be made to a section or other provision of the Metropolitan Washington 
Airports Act of 1986 (100 Stat. 3341-376 et seq.).

SEC. 3. USE OF LEASED PROPERTY.

    Section 6005(c)(2) is amended by inserting before the period at the 
end of the second sentence the following: ``which are not inconsistent 
with the needs of aviation''.

SEC. 4. BOARD OF DIRECTORS.

    (a) Appointment of Additional Members.--Section 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 member'' 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 appointed 
                for 4 years.
        A member may serve after the expiration of that member's term 
        until a successor has taken office.''.
    (d) Vacancies.--Section 6007(e) is further amended by redesignating 
paragraphs (4) and (5) as paragraphs (7) and (8), respectively, and by 
inserting after paragraph (3) the following:
            ``(4) Vacancies.--A vacancy in the board of directors shall 
        be filled in the manner in which the original appointment was 
        made. Any 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 such 
        term.''.
    (e) Political Parties of Presidential Appointees.--Section 6007(e) 
is further amended by inserting after paragraph (4), as inserted by 
subsection (d) of this section, the following:
            ``(5) Political parties of presidential appointees.--Not 
        more than 3 of the members of the board appointed by the 
        President may be of the same political party.''.
    (f) Duties of Presidential Appointees.--Section 6007(e) is further 
amended by inserting after paragraph (5), as inserted by subsection (e) 
of this section, the following:
            ``(6) Duties of presidential appointees.--In carrying out 
        their duties on the board, members of the board appointed by 
        the President shall ensure that adequate consideration is given 
        to the national interest.''.
    (g) Required Number of Votes.--Section 6007(e)(8), as redesignated 
by subsection (d) of this section, is amended by striking ``Seven'' and 
inserting ``Nine''.

SEC. 5. FEDERAL ADVISORY COMMISSION.

    (a) In General.--Section 6007(f) is amended by striking the 
subsection designation, heading and paragraph (1) and inserting the 
following:
    ``(f) Federal Advisory Commission.--
            ``(1) Composition.--There is established a Federal Advisory 
        Commission of the Airports Authority 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 Review'' 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 inserting 
                ``Commission'';
            (3) in the second sentence of section 6007(f)(6), as 
        redesignated by section 8(a) of this Act, by striking ``Board'' 
        and inserting ``Commission'';
            (4) in section 6007(f)(7), as redesignated by section 8(a) 
        of this Act, by striking ``Board'' the second place it appears 
        and inserting ``Commission''; and
            (5) in section 6009(b) by striking ``Board of Review'' and 
        inserting ``Federal Advisory Commission''.
    (c) Other Conforming Amendments.--Section 6007(f)(2) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``paragraphs (1)(A) and (1)(B)'' 
                and inserting ``paragraph (1)''; and
                    (B) by striking the second sentence; and
            (2) in subparagraph (D) by striking ``and lists have been 
        provided for appointments to fill such vacancies''.

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 subparagraph 
                        (B) shall be submitted to the Federal Advisory 
                        Commission, the Speaker of the House of 
                        Representatives, and the President Pro Tempore 
                        of the Senate at least 60 days before the 
                        action is to become effective.
                            ``(ii) Urgent and compelling 
                        circumstances.--An action submitted to the 
                        Federal Advisory Commission and Congress in 
                        accordance with clause (i) may become effective 
                        before the expiration of the 60-day period 
                        referred to in clause (i) if the board of 
                        directors certifies, in writing, to the 
                        Secretary and Congress that urgent and 
                        compelling circumstances exist that 
                        significantly affect the interests of 
the traveling public and will not permit waiting for the expiration of 
such 60-day period.''.
    (b) Recommendations.--Section 6007(f)(4)(C) is amended to read as 
follows:
                    ``(C) Recommendations.--The Federal Advisory 
                Commission may make to the board of directors and 
                Congress recommendations regarding an action within 30 
                calendar days of its submission under this paragraph. 
                Such recommendations 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 provided in 
                        clause (ii), the authority of the Airports 
                        Authority to take any of the actions described 
                        in subparagraph (B) shall expire on April 30, 
                        1997.
                            ``(ii) Special rule.--If on any day after 
                        April 29, 1997, all of the members to be 
                        appointed to the board of directors by the 
                        President under section 6007(e)(1)(D) are 
                        serving on the board, the authority of the 
                        board referred to in clause (i) shall be 
                        effective beginning on such day and shall 
                        expire on September 30, 1998.''.
    (e) Protection of Certain Actions.--Actions taken by the 
Metropolitan Washington Airports Authority and submitted to the Board 
of Review pursuant to section 6007(f)(4) of the Metropolitan Washington 
Airports Act of 1986 before the date of the enactment of this Act shall 
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 Transportation'' and 
        inserting ``Transportation and Infrastructure''; and
            (2) by striking ``Commerce, Science and Technology'' and 
        inserting ``Commerce, Science, and Transportation''.
    (b) House Procedure.--Section 6007(f)(5) is amended--
            (1) by striking subparagraphs (D), (E), and (F);
            (2) by redesignating subparagraphs (G) and (H) as 
        subparagraphs (E) and (F), respectively; and
            (3) by inserting after subparagraph (C) the following:
                    ``(D) House procedure.--When the committee of the 
                House has reported a resolution, it is at any time in 
                order to move that the House resolve into the Committee 
                of the Whole House on the State of the Union for 
                consideration of the resolution. All points of order 
                against the resolution and against consideration of the 
                resolution are waived. The motion is highly privileged. 
                The previous question shall be considered as ordered on 
                that motion to its adoption without intervening motion. 
                A motion to reconsider the vote by which the motion is 
                agreed to or disagreed to shall not be in order. Debate 
                thereon shall be limited to not more than 1 hour, the 
                time to be divided in the House equally between a 
                proponent and an opponent. During consideration of the 
                resolution in the Committee of the Whole, the first 
                reading of the resolution shall be dispensed with. 
                General debate shall proceed without intervening 
                motion, shall be confined to the resolution, and shall 
                not exceed 2 hours equally divided and controlled by a 
                proponent and an opponent of the resolution. After 
                general debate, the Committee shall rise and report the 
                bill to the House. The previous question shall be 
                considered as ordered on the resolution to final 
                passage without intervening motion. A motion to 
                reconsider the vote on passage of the resolution shall 
                not be in order.''.

SEC. 8. OTHER MATTERS RELATING TO FEDERAL ADVISORY COMMISSION.

    (a) Request for Consideration of Other Matters; Participation in 
Meetings.--Section 6007(f) is amended by striking paragraphs (6) and 
(7) and by redesignating paragraphs (8), (9), (10), and (11) as 
paragraphs (6), (7), (8), and (9), respectively.
    (b) Removal of Federal Advisory Commission Members.--Section 
6007(f)(9), as redesignated by subsection (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 striking 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 Regulations, as in effect on February 
1, 1995.
    ``(b) Enforcement.--The district courts of the United States shall 
have jurisdiction to compel the Airports 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 Airports 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 Airport)''; and
            (2) by redesignating subsection (h) as subsection (i) and 
        by inserting after subsection (g) the following:
    ``(h) Limitation on Authority To Grant Exemptions.--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''.