[Congressional Record Volume 143, Number 95 (Tuesday, July 8, 1997)]
[House]
[Pages H4860-H4864]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                CODIFYING LAWS RELATED TO TRANSPORTATION

  Mr. McCOLLUM. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1086) to codify without substantive change laws related to 
transportation and to improve the United States Code, as amended.
  The Clerk read as follows:

                               H.R. 1086

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

[[Page H4861]]

     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 substituting ``section 5338 (a)(1) or (b)(1) 
     and the Intermodal Surface Transportation Efficiency Act of 
     1991 were in effect on December 18, 1991''.

     SECTION 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 
     substitute ``paragraph (1)''.
       (10) In section 13905(e)(1), strike ``31144,'' and 
     substitute ``31144''.
       (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'' and 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 
     (Public Law 104-264, 110 Stat. 3262), as paragraph (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 amended by striking 
     ``common''.
       (23) In section 41713(b)(4)(B)(ii), strike ``10102'' and 
     substitute ``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.
``49111. Relationship to and effect of other laws.
``49112. Separability and effect of judicial order.

     ``Sec. 49101. Findings

       ``Congress finds that--
       ``(1) the 2 federally owned airports in the metropolitan 
     area of the District of Columbia constitute an important and 
     growing part of the commerce, transportation, and economic 
     patterns of Virginia, the District of Columbia, and the 
     surrounding 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 Baltimore/Washington 
     International Airport 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 
     airports, 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 Metropolitan Washington Airports by 
     an independent local authority will facilitate timely 
     improvements 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 carrier 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 
     account 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 communications with local 
     officials and concerned residents regarding noise at the 
     Metropolitan 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.

     ``Sec. 49102. Purpose

       ``(a) General.--The purpose of this chapter is to authorize 
     the transfer of operating responsibility under long-term 
     lease of the 2 Metropolitan Washington Airport properties as 
     a unit, including access highways and other related 
     facilities, to a properly constituted 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 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, 
     Virginia, the District of Columbia, and Maryland.

     Sec. 49103. Definitions

       ``In this chapter--
       ``(1) `Airports Authority' means the Metropolitan 
     Washington 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 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).

     ``Sec. 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 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, promote, 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 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, 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 
     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.

[[Page H4862]]

       ``(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. 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 
     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 number 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 obligations of the Metropolitan Washington 
     Airports on June 7, 1987, including 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 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 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 
     Employees' 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 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 (excluding 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 service, 
     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 same 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 1987 dollars. The Secretary and the Airports 
     Authority may renegotiate the level of lease payments 
     attributable 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 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 an extension of the 
     lease.

     ``Sec. 49105. Capital improvements, construction, and 
       rehabilitation

       ``(a) Sense of Congress.--It is the sense of Congress that 
     the Metropolitan Washington Airports Authority--
       ``(1) should pursue the improvement, construction, and 
     rehabilitation of the facilities at Washington Dulles 
     International Airport and Washington National Airport 
     simultaneously; and
       ``(2) to the extent practicable, should cause the 
     improvement, construction, and rehabilitation proposed by the 
     Secretary 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 shall accelerate consideration of 
     applications for United States Government financial 
     assistance by whichever of the 3 airports is most in need of 
     increasing airside capacity.

     ``Sec. 49106. Metropolitan Washington Airports Authority

       ``(a) Status.--The Metropolitan Washington Airports 
     Authority shall be--
       ``(1) a public body corporate and politic with the powers 
     and jurisdiction--
       ``(A) conferred upon it jointly by the legislative 
     authority 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 
     airports 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 
     purposes;
       ``(B) to issue bonds from time to time in its discretion 
     for public purposes, including paying any part of the cost of 
     airport improvements, construction, and rehabilitation and 
     the 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 
     Administration 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 Authority's revenues 
     generally, or exclusively from the income and revenues of 
     certain 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 years, 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 
     Metropolitan Statistical Area, except that a member of the 
     board appointed by the President must be a registered voter 
     of a State other than Maryland, Virginia, or the District of 
     Columbia.
       ``(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 same political 
     party.
       ``(B) In carrying out their duties on the board, members 
     appointed by the President shall

[[Page H4863]]

     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. If 
     the deadline is not met, the Secretary of Transportation and 
     the Airport Authority are subject to the limitations 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 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.

     ``Sec. 49107. Federal employees at Metropolitan Washington 
       Airports

       ``(a) Labor Agreements.--The Metropolitan Washington 
     Airports Authority shall 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 under 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 break in service. For purposes 
     of subchapter III of chapter 83 and chapter 84, employment 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 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.

     ``Sec. 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 under section 
     40117 of this title.

     ``Sec. 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.

     Sec. 49110. Use of Dulles Airport Access Highway

       ``The Metropolitan Washington Airports Authority shall 
     continue 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 this section. The 
     Attorney General or an aggrieved party may bring an action on 
     behalf of the United States Government.

     ``Sec. 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 
     restrictions under United States law as any other airport 
     except as otherwise 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, Public 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 Airport Authority are not subject 
     to the requirements of any law solely by reason of the 
     retention 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 
     Planning 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 
     International Airport; and
       ``(B) the Commission before undertaking 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 C.F.R. 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.

     ``Sec. 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 
     circumstance, 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 IX of Public 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 Airports 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 functions of the Board.''.

     SECTION. 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 
     Appropriations Act, 1996 (Public Law 104-50, 109 Stat. 457) 
     is amended 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'.''.
       (b) Effective July 2, 1996, section 2(c) of the Anti-Car 
     Theft Improvements Act of 1996 (Public Law 104-152, 110 Stat. 
     1384) is amended by striking ``sections 30502 and 30503'' and 
     substituting ``sections 30501(6), 30502, 30503, and 
     30504(a)(1)''.
       (c) Effective October 9, 1996, the Federal Aviation 
     Reauthorization 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 all 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)(1)(A) 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:
       ``(69)(A) Add at the end of chapter 401 the following:

     `Sec. 40124. Interstate agreements for airport facilities

       `Congress consents to a State making an agreement, not in 
     conflict with a law of the United States, with another State 
     to develop or operate an airport facility.'.

[[Page H4864]]

       `(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) (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:
       (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 
     substitute ``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 
     substitute ``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 
     substitute ``section 44704(a) of title 49, United States 
     Code,''.
       (f) The amendments made by subsections (a)-(d) of this 
     section shall take effect as if included in the provisions of 
     the acts to which the amendments relate.

     SEC. 4. LEGISLATIVE PURPOSE AND CONSTRUCTION.

       (a) No Substantive Change.--This Act restates, without 
     substantive 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, amended, 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.

     SEC. 5. REPEALS.

       (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.
       (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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                         Statutes at Large               U.S. Code
                 Date                     Chapter or Public Law              Section            --------------------------------------------------------
                                                                                                 Volume            Page            Title      Section
--------------------------------------------------------------------------------------------------------------------------------------------------------
                 1996
Oct. 18...............................  99-500..................  6001-6012....................     100  1783-373................  .....  ..............
Oct. 30...............................  99-591..................  6001-6012....................     100  3341-376................  .....  ..............
                 1991
Dec. 18...............................  102-240.................  7001-7004....................     105  2197....................  .....  ..............
                 1996
Oct. 9................................  104-264.................  902-907......................     110  3274....................  .....  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida [Mr. McCollum] and the gentleman from Massachusetts [Mr. 
Delahunt] each will control 20 minutes.
  The Chair recognizes the gentleman from Florida [Mr. McCollum].


                             General Leave

  Mr. McCOLLUM. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. McCOLLUM. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 1086, as amended, is a bill to codify without 
substantive change laws related to transportation not included in title 
49, Transportation, and to improve the United States Code. This bill 
was prepared by the Office of the Law Revision Counsel under its 
authority to prepare and submit periodically revisions of positive law 
titles of the United States Code to keep those titles current.
  The Law Revision Counsel has informed us that he is satisfied that 
H.R. 1086, as amended, makes no substantive changes in the law. 
Therefore, no additional costs to the Government would be incurred as a 
result of the enactment of H.R. 1086, as amended.
  I urge my colleagues to support H.R. 1086, as amended.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DELAHUNT. Mr. Speaker, I yield myself such time as I may consume. 
I simply would associate myself with the remarks of the gentleman from 
Florida [Mr. McCollum], and I would urge that the House support this 
revision.
  Mr. Speaker, I yield back the balance of my time.
  Mr. McCOLLUM. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Florida [Mr. McCollum] that the House suspend the rules 
and pass the bill, H.R. 1086, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________