[Congressional Record Volume 141, Number 43 (Wednesday, March 8, 1995)]
[Senate]
[Pages S3680-S3681]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. HOLLINGS (for himself, Mr. Breaux, and Mr. Kerry):
  S. 517. A bill to eliminate the Board of Review for the Metropolitan 
Washington Airports Authority and increase the number of Presidential 
appointees to the Authority, and for other purposes; to the Committee 
on Commerce, Science, and Transportation.


 the metropolitan washington airports authority amendments act of 1995

  Mr. HOLLINGS. Mr. President, today, I am introducing a bill that 
seeks to accomplish two goals: first, to make sure that the 
Metropolitan Washington Airports Authority [MWAA] can continue to 
operate and prosper; and second, to ensure that appropriate input into 
the decisions of the MWAA is maintained. The bill thus protects the 
interests of the travelling public and maintains many well-developed 
and defined compromises on which many of my colleagues have worked over 
the years.
  I had initially considered legislation recreating a board of review 
with authority to oversee the actions of MWAA. That was part of the 
original arrangement in transferring these airports--Congress would be 
able to oversee actions of the airports because they are critical 
resources, not just for Virginia, but for all of the States. Such an 
approach also would have protected the traveling public and maintained 
the resolution of difficult issues accomplished with the transfer. This 
bill does not take that step, but instead is intended as a compromise, 
and one that is workable for all concerned.
  I want to put this matter in perspective for my colleagues. In 1986, 
I spent many days on the Senate floor debating the transfer of 
Washington National and Dulles Airports. I believed then, as I do now, 
that we have a responsibility to ensure that Federal assets are 
properly used, are properly valued, and are able to provide benefits to 
their users. These airports are important to all of us and our 
constituents. As a result, when Congress created the MWAA, a number of 
critical and interrelated compromises were made, including assurances 
that access to the airports would be appropriately maintained and that 
the Federal Government would retain its authority and oversight of the 
airports.
  In addition, Congress specifically recognized the historic use of the 
airports and legislated that the number of operations, or slots, and 
the rules governing flights would be frozen. The local community, 
including Maryland, the District of Columbia, and Virginia, recognized 
that National Airport would be allowed to continue to serve cities that 
it had traditionally served, and Dulles would be given a chance to grow 
into a major domestic and international airport. This meant that noise 
problems would be minimized at National, and growth would occur at a 
then-distant facility some 22 miles from the Capital.
  As my colleagues know, both Washington National and Dulles 
International are undergoing major renovations. The airports floated 
more than $1.3 billion in bonds and currently have underway about $700 
million in construction projects. All of us have seen first hand the 
major construction going on at these airports. That construction came 
about because Congress recognized that the airports served different 
purposes, and we
 facilitated future planning and growth opportunities. National Airport 
has a perimeter rule, which ensures service to communities within the 
perimeter rule. That was part of the original deal. The former Governor 
of Virginia, Gerald Baliles, at a hearing before the Commerce 
Committee's Aviation Subcommittee, recently reiterated how carefully 
balanced the transfer legislation was. Dulles, without a perimeter 
rule, has the benefit of a superhighway with door-to-door access from 
downtown Washington to the airport, to facilitate its growth. And it 
has grown. We need to make sure that we keep our commitments to all of 
the States involved.

  Congress also recognized that these airports are more than just local 
airports, and because the underlying land is Federal property, we 
established a congressional board of review and an Airports Authority--
two separate bodies, appointed in different ways, and with different 
responsibilities.
  Unfortunately, the Supreme Court disagreed with our method of 
oversight, and on January 23, 1995, the Supreme Court denied certiorari 
in Hechinger versus Metropolitan Washington Airports Authority. The 
Court of Appeals had struck down as unconstitutional the congressional 
board of review. The appellate court's decision has been stayed until 
March 31, 1995.
  Under the existing legislation, because the board of review has been 
found to be unconstitutional, the Airports Authority is unable to move 
forward on major decisions.
  As a result, Congress must now take action to address the problem. 
There are many options available, but our goal should be to ensure 
appropriate oversight of a facility on Federal property being operated 
under a long-term lease, without creating a maze of oversight. This is 
a fine line, but a responsibility we must accept. Therefore, today I am 
introducing legislation that will add six Presidentially appointed and 
Senate-confirmed members to the MWAA board of directors. This will 
ensure that the Federal Government continues its active participation 
in the decisions of these airports, but also will recognize that the 
communities have an important and critical role in shaping the future 
of these airports. The bill eliminates the congressional board of 
review.
  The legislation goes to the heart of the problem--and does so in a 
way that 
[[Page S3681]] is constitutional. I urge my colleagues to support it.
  Mr. President, I ask unanimous consent that the full text of the bill 
be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
                                 S. 517

       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 Authority Amendments Act of 1995''.

     SEC. 2. ELIMINATION OF BOARD OF REVIEW.

       Section 6007 of the Metropolitan Washington Airports Act of 
     1986 (formerly 49 U.S.C. App. 2456) is amended--
       (1) by striking subsection (f); and
       (2) by striking subsection (h) and redesignating subsection 
     (i) as (h).

     SEC. 3. INCREASE IN NUMBER OF PRESIDENTIALLY-APPOINTED 
                   MEMBERS OF BOARD.

       (a) In General.--Section 6007(e) of the Metropolitan 
     Washington Airports Act of 1986 (formerly 49 U.S.C. App. 
     2456(e) is amended--
       (1) by striking ``one member'' in paragraph (1)(D) and 
     inserting ``7 members''; and
       (2) by striking ``Seven'' in paragraph (5) and inserting 
     ``10''.
       (b) Separability.--
       (2) Section 6011 of that Act (formerly 49 U.S.C. App. 2460) 
     is amended by striking ``Except as provided in section 
     6007(h), if'' and inserting ``If''.
       (c) Staggering Terms for Presidential Appointees.--Of the 
     members first appointed by the President after the date of 
     enactment of this Act--
       (1) one shall be appointed for a term that expires 
     simultaneously with the term of the member of the 
     Metropolitan Washington Airports Authority board of directors 
     serving on that date (or, if there is a vacancy in that 
     office, the member appointed to fill the existing vacancy and 
     the member to which this paragraph applies shall be appointed 
     for 2 years);
       (2) two shall be appointed for terms ending 2 years after 
     the term of the member to which paragraph (1) applies 
     expires; and
       (3) three shall be appointed for terms ending 4 years after 
     the term of the member to which paragraph (1) applies 
     expires.

     SEC. 4. PRESERVATION OF ACTIONS BY PREVIOUS BOARD.

       Any action taken by the Board of Review under section 
     6007(f) of the Metropolitan Washington Airports Act of 1986 
     (49 U.S.C. App. 2456(f)) as such section was in effect before 
     its amendment by this Act is hereby ratified and deemed 
     valid.
     SEC. 5. RECONSTITUTED BOARD TO FUNCTION WITHOUT INTERRUPTION.

       Notwithstanding any provision of State law, including those 
     provisions establishing, providing for the establishment of, 
     or recognizing the Metropolitan Washington Airports 
     Authority, and based upon the Federal interest in the 
     continued functioning of the Metropolitan Washington Airports 
     (as defined in section 6004(4) of the Metropolitan Washington 
     Airports Authority Act of 1986 (formerly 49 U.S.C. App. 
     2451(4)), the board of directors of such Authority, including 
     any members appointed under the amendments made by section 3, 
     shall continue to meet and act after the date of enactment of 
     this Act until such time as any necessary conforming changes 
     in State law are made in the same manner as if those 
     conforming changes had been enacted on the date of enactment 
     of this Act.

     SEC. 6. STATUS UNAFFECTED.

       Nothing in this Act, or the amendments made by this Act, 
     shall affect the treatment of the Metropolitan Washington 
     Airports Authority under Federal, State, or local tax law.

     SEC. 7. ADVISORY GROUP TO REVIEW LEASE PAYMENTS.

       (a) In General.--Section 6007 of the Metropolitan 
     Washington Airports Authority Act of 1986 (formerly 49 U.S.C. 
     App. 2456) is amended by adding at the end thereof the 
     following new subsection:
       ``(i) Advisory Group To Review Lease.--
       ``(1) Appointment.--The Secretary shall appoint an advisory 
     group of 3 individuals not otherwise employed by the United 
     States Government to review--
       ``(A) the lease arrangements under section 6005; and
       ``(B) any renegotiation of that lease or any portion of it, 
     including subleases, including any change in the terms or 
     conditions of that lease, and including the amount of any 
     payments made or received under it.
       ``(2) Terms; Qualifications.--
       ``(A) Members of the advisory group shall serve at the 
     pleasure of the Secretary.
       ``(B) Members of the advisory group shall be chosen on the 
     basis of their experience in aviation matters and in 
     addressing the needs of airport users.
       ``(3) Reimbursement of Expenses.--Members of the advisory 
     group shall serve without compensation but shall be 
     reimbursed by the Airports Authority for expenses actually 
     incurred in carrying out their responsibilities under this 
     Act.''.
       (b) Change in Disposition of Lease Payments.--Section 
     6005(b)(1) of that Act (formerly 49 U.S.C. App. 2454(b)(1)) 
     is amended by striking ``general fund of the Treasury'' and 
     inserting ``the Airport and Airway Trust Fund''.
     

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