[House Report 104-596]
[From the U.S. Government Publishing Office]



                                                                       
104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-596
_______________________________________________________________________


 
        METROPOLITAN WASHINGTON AIRPORTS AMENDMENTS ACT OF 1995
_______________________________________________________________________


  May 29, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1036]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 1036) to amend the Metropolitan 
Washington Airports Act of 1986 to direct the President to 
appoint additional members to the board of directors of the 
Metropolitan Washington Airports Authority, to replace the 
Board of Review of the Airports Authority with a Federal 
Advisory Commission, and for other purposes, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

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''.

                               Background

    Prior to 1986, National and Dulles airports were owned and 
operated by the Federal government. They were the only two 
Federal airports in the country.
    There had been several efforts to transfer the airports to 
local control prior to 1986. But all of these efforts had been 
unsuccessful.
    In 1984, then Secretary of Transportation, Elizabeth Dole, 
established an advisory commission on the reorganization of the 
metropolitan Washington airports which was chaired by former 
Virginia Governor Linwood Holton. This Commission (often 
referred to as the Holton Commission) recommended that the 
airports be operated by ``an independent authority to be 
established by interstate compact between the Commonwealth of 
Virginia and the District of Columbia.'' It emphasized ``the 
need for a non-political, independent authority'' with a board 
whose members ``should not hold elective or appointive 
political office.''
    After the Commission's report was issued, the Committee 
considered creating a Federal corporation to operate the two 
airports (H.R. 5040, 99th Congress, 2nd Session (1986)). But 
eventually legislation was enacted enabling local control of 
the airports along the lines suggested by the Holton 
Commission.
    The legislation, known as the ``Metropolitan Washington 
Airports Act of 1986'' (P.L. 99-591), leased National and 
Dulles Airports to the Metropolitan Washington Airports 
Authority (MWAA) for 50 years. The lease payments were set at 
$3 million per year starting in 1987. This payment is adjusted 
for inflation each year and in FY 95 the airports paid 
$3,812,500 to the Federal government.
    The primary motivation for local control was to permit a 
major rehabilitation of National and expansion at Dulles. While 
the airports were owned and controlled by the Federal 
government, budgetary constraints prevented any significant 
capital investment. However, the transfer of operating 
responsibility freed the local authority to issue bonds to 
finance a capital development program.
    As a result of the legislation, MWAA was able to launch a 
major capital improvement program at National. This program 
will involve the construction of a new 35-gate terminal 
building providing easy access to Metrorail. The program 
includes new parking garages and separate arrival and departure 
roadways to alleviate congestion. At Dulles, the size of the 
midfield terminal will be doubled, a new international arrival 
facility will be built and a new midfield terminal will be 
constructed that is connected to the main terminal by a train 
or similar people moving system. Also, additional land is being 
acquired and airfield capacity expanded so that eventually 
Dulles will have the capacity for 55 million passengers per 
year.
    These improvements are being carried out by MWAA, the local 
authority, which is governed by a Board of Directors. This 
Board is composed of 5 members appointed by the Governor of 
Virginia, 3 members appointed by the Mayor of the District of 
Columbia, 2 members appointed by the Governor of Maryland, and 
1 member appointed by the President.
    At the time this legislation was first considered, there 
was concern about turning total control of these airports over 
to local officials. It was felt that there was still a 
significant Federal interest in them that must be protected. 
There was also concern that a local authority might be 
pressured to limit flights, divert traffic to Dulles, or take 
some other actions that would not be in the interests of 
airport users throughout the country.
    As a result, the legislation conditioned the local control 
on a provision making certain actions of the local authority 
subject to a Board of Review. This Board had to be composed of 
2 Members from the House Public Works and Transportation 
Committee (now the Transportation & Infrastructure Committee), 
2 Members from both the House and Senate Appropriations 
Committees, 2 Members from the Senate Commerce Committee, and 1 
Member chosen alternately from the House and the Senate every 
two years.
    As originally constituted, this Board of Review could veto 
certain actions of the local authority involving the adoption 
of the airports' annual budget, the authorization for the 
issuance of bonds, the adoption or repeal of regulations, the 
adoption or revision of a master plan, and the appointment of 
the Chief Executive Officer. In practice, the Board vetoed only 
one action. That involved the local authority's decision to 
permit carpools to use the Dulles access road.
    Because of the importance attached to the Board of Review 
in the overall scheme of the legislation, the law contained a 
non-severability clause. This stated that if a Court should 
find the Board of Review to be unconstitutional, the local 
authority would be prohibited from performing any of the 
actions that were subject to Board of Review veto.
    In Metropolitan Washington Airports Authority v. Citizens 
for the Abatement of Aircraft Noise, 501 U.S. 252 (1991) the 
Supreme Court found the Board of Review to be unconstitutional 
because the Board was an agent of Congress and exercised 
executive power in violation of the doctrine of separation of 
powers. As a result, the Metropolitan Washington Airports Act 
had to be revised.
    The law was amended in Title VII of the Intermodal Surface 
Transportation Efficiency Act (ISTEA) of 1991 (P.L. 102-240, 
105 Stat. 2197). As revised, the law continued the requirement 
of a Board of Review and expanded the actions it could review. 
Under the revised legislation, the Airports Authority had to 
submit the following actions to the Board of Review--
          (1) the adoption of the airports' annual budget and 
        any amendments thereto;
          (2) the authorization for the issuance of bonds, an 
        annual plan for issuance of bonds, and any amendments 
        to such plan;
          (3) the adoption, amendment, or repeal of an airport 
        regulation;
          (4) the adoption or revision of the airports' master 
        plan;
          (5) the appointment of the chief executive officer;
          (6) the award of a contract which has been approved 
        by the Board of Directors other than most contracts for 
        the sale of bonds;
          (7) the approval of a terminal design or airport 
        layout or modification of such design or layout; and
          (8) the authorization for the acquisition or disposal 
        of land and the grant of a long-term easement.
    While expanding the scope of its review, the legislation 
changed the Board's membership and reduced its powers.
    As revised, the Review Board members were to be chosen from 
lists provided by the Speaker of the House and President pro 
tempore of the Senate. In response to concerns raised by the 
Supreme Court, the new law gave MWAA the right to reject the 
lists provided and request additional recommendations and to 
remove members of the Board of Review for cause by a two-thirds 
vote. Most significantly, members of the Board of Review no 
longer needed to be Congressmen but instead only had to be 
frequent users of National and Dulles, experienced in aviation 
matters, and not residing in Maryland, Virginia, or D.C.
    The 1991 legislation also substantially reduced the Board 
of Review's power over actions submitted by the Board of 
Directors. Instead of a veto, the Board of Review was given 
only the authority to recommend changes in the airport's 
action. It was given 30 calendar days or 10 legislative days to 
decide whether to make a recommendation.
    If the Board of Review made a recommendation,the Authority 
could not take the proposed action until it had responded in 
writing to the Board of Review's recommendation. If the 
Authority's response followed the Review Board's 
recommendation, the action could be taken. Otherwise, the 
proposed action could not be taken until the proposal had been 
submitted to Congress and 60 legislative days had passed. 
During this period, Congress could consider a joint resolution 
disapproving the Authority's proposed action. The law 
established special fast-track procedures to ensure that 
procedural difficulties would not prevent Congress from passing 
a resolution of disapproval during the 60-day period.
    Despite these changes, the courts again found that the 
Board of Review was a congressional agent exercising 
significant Federal power in violation of separation of power 
principles, Hechinger v. Metropolitan Washington Airports 
Authority, 36 F.3d 97 (D.C. Cir. 1994), cert. den., 63 U.S.L.W. 
3562 (1995). The court acknowledged that it was a close 
question but found that:

          Congress has here encroached beyond the legislative 
        sphere because the Board of Review has been vested with 
        a range of powers whose cumulative effect is to enable 
        it to interfere impermissibly with the Directors' 
        performance of their independent responsibilities. In 
        the place of the veto provision, the amended Transfer 
        Act empowers the Board to choose, in its sole 
        discretion, which of the Authority's decisions may be 
        implemented immediately and which will be subjected to 
        the risks and delays of congressional review.

    What tipped the balance in the Court's view was the Review 
Board's ``power to delay and perhaps overturn critical 
decisions by requiring their referral to Congress.''

                          Need for Legislation

    As a result of the Court decision, the airport authority 
cannot take any of the eight actions (listed above) subject to 
review by the Board of Review. This occurs because section 
6007(h) of the MWAA Act states:

          If the Board of Review established under subsection 
        (f) is unable to carry out its functions under this 
        title by reason of a judicial order, the Airports 
        Authority thereafter shall have no authority to perform 
        any of the actions that are required by paragraph 
        (b)(4) to be submitted to the Board of Review.

    The court decision declaring the Board of Review 
unconstitutional constitutes the judicial order referred to in 
the above paragraph. The effect of the Court's decision was 
stayed until March 31, 1995. Since that date, the airport has 
been unable to approve a budget, a master plan change, a major 
contract or the other matters that must be submitted to the 
Review Board. Although this has not had an immediate impact on 
the airport, eventually its construction program will begin to 
grind to a halt. Therefore, the Committee has moved to remedy 
the law's Constitutional defect.
    In developing this legislation, the Committee recognizes 
the strong local interest in these airports and the reported 
bill therefore maintains local control over them. But it is 
also beyond question that these airports were built with 
Federal money, are still owned by the Federal government, and 
are the gateway to the nation's capital for all Americans. 
Accordingly, there is an important Federal interest in them as 
well. With the Board of Review effectively disabled by the 
Courts, it is necessary to develop an alternative to protect 
this interest and the interests of the 27 million passengers 
who use National and Dulles, most of whom do not live in the 
Washington area. The alternative in the reported bill has three 
features. First, the bill converts the Board of Review into a 
purely advisory commission. Members of this Commission will 
serve without compensation and the Commission's incidental 
expenses will be paid for by MWAA. In order to pass 
constitutional muster, the powers of the advisory commission 
will be substantially less than those exercised by the Board of 
Review. No longer will it be able to veto Airport Authority 
actions or even decide which actions should be referred to 
Congress for legislative action. It will only be able to give 
Congress its views in the same way as any other group. 
Therefore, two additional features are necessary. One ensures 
that MWAA's authority to take the actions previously submitted 
to the Board of Review will have to be periodically 
reauthorized. This ensures that Congress will be able to review 
airport actions and take any legislative action that may be 
necessary. The other feature of the bill is the addition of 
four more Presidential appointees (for a total of five) to the 
Airports' Board of Directors. These Directors will ensure that 
adequate consideration is given to the national interest in the 
two airports.
    The Board of Review that was the subject of the previous 
litigation has been eliminated and replaced with the Advisory 
Commission, whose appointment and removals are made exclusively 
by the Secretary of Transportation. Thus, the appointment 
powers of the Commission members reside completely within the 
discretion of an Executive Branch agency and no challenge can 
be made that Congress is ``exercising substantial Federal 
power'' in determining the composition of the Advisory 
Commission.
    The legislation also addresses the constitutional concerns 
raised about the ability of the Board of Review to delay 
airport action pending a review of 30 days or 10 legislative 
days. This is remedied by the elimination of the Board of 
Review's power to delay action and its replacement with the 
Advisory Commission's notification provision in section 6(a). 
This requires the Airport Authority to submit certain actions 
to the Advisory Commission, as well as the Speaker of the House 
and President of the Senate 60 calendar days prior to the 
action taking effect (or fewer days notice if urgency is 
certified). This is a mere notice provision that does nothing 
more than ensure that Congress is promptly made aware of 
airport actions so that it will have a reasonable time to 
consider what, if any, legislation would be appropriate. This 
notification provision does not rise to the level of Congress 
``exercis[ing] significant Federal powers in violation of 
separation-of-powers principles.'' Rather, these provisions and 
the procedures in section 7 simply allow Congress an 
opportunity to remedy any perceived problems in Airport 
Authority action using its own constitutional lawmaking 
authority. This is consistent with INS v. Chadha, 462 U.S. 919 
(1983), where the Supreme Court, after striking down the 
legislative veto, allowed the report and wait provisions to 
remain in effect. Clearly the report and wait provisions like 
those in this bill are a legitimate and constitutional means by 
which Congress can check and review executive action, City of 
Alexandria v. United States, 737 F.2d 1022 (1984).
    The Committee is aware that there are concerns about the 
reauthorization provision in the bill. However, they seem to be 
based on several misconceptions. In the first place, the 
provision does not cause the airport or its Board of Directors 
to terminate after two years. Rather it merely subjects certain 
actions listed in current law to periodic review. This is no 
different than many other reauthorization provisions in a host 
of other statutes. In all likelihood, reauthorization 
legislation will be passed before the 2-year period in this 
bill expires and, given the performance of the Airport 
Authority so far, that legislation is not likely to make major 
legislative changes. It will certainly not affect the airports' 
ability to meet existing bond obligations.
    While some uncertainty may be created by the periodic 
reauthorization provision, this uncertainty is no different 
than the current situation where the Airport's ability to take 
certain actions expired on March 31, 1995 as a result of the 
court decision or the situation that existed between 1987 and 
1991 when the Board of Review could veto any of these actions 
by the airports. These uncertainties have not adversely 
impacted the airports' bonds.
    Indeed, this Federal oversight may actually have beneficial 
effects on the airports' bonds. The only Board of Review veto 
was exercised in order to protect the integrity of the Dulles 
access road and thereby ensure the continued viability of 
Dulles Airport. Moreover, Federal oversight could be seen as a 
counter-weight to efforts to reduce airline activity at the 
airports. Both of these enhance the ability to generate the 
revenue which supports the bonds.
    In addition to the above changes in the governance 
structure, the Committee felt it necessary to address two other 
issues involving the airports.

                           Dulles Access Road

    Currently, under airport rules, only people driving to 
Dulles Airport, and certain Fairfax County and school buses, 
may use the access road. Others must use the toll road. The 
only airport action ever vetoed by the Board of Review was the 
airport's attempt to change its rules to permit carpools on the 
access road. With the Board of Review losing its power to ban 
carpools from the access road, it is necessary to legislate 
such a ban. This action is taken in recognition of the fact 
that the access road was built by the Federal government solely 
to provide access to Dulles and that the viability of Dulles 
depends on keeping airport traffic flowing freely over this 
road. If the access road becomes clogged with non-airport 
traffic, growth at Dulles would be curtailed and there would be 
pressure to completely eliminate the flight restrictions at 
National.

                                 Slots

    At almost all airports in the U.S., airlines have no limit 
on the number of flights they can offer. However, there are 
four airports (O'Hare, LaGuardia, Kennedy, and National) at 
which flights are limited by the High Density Rule (HDR). At 
these airports, an aircraft must have a slot in order to take-
off or land.
    The HDR was adopted in 1969 as a ``temporary'' measure to 
reduce congestion and delays. However, the airlines had agreed 
as early as 1966 to limit their flights at National to 40 per 
hour. The HDR codified that limit in Federal Aviation 
Administration (FAA) rules. Over the next decade there were a 
series of regulatory and legislative actions, as well as 
several lawsuits, on this issue which ultimately led to a new 
policy reducing the number of jet slots from 40 to 37 (46 F.R. 
58036, November 27, 1981).
    Despite the reduction in the number of slots, the 
controversy continued. One of the issues in the 1986 transfer 
legislation was whether it would lead to an increase in the 
number of flights. This was resolved by a provision (section 
6009(e)) in the legislation which stated:

          The Administrator 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 the 
        date of enactment of this title and may not decrease 
        the number of such takeoffs and landings except for 
        reasons of safety.

    Thus the number of jet slots at National was effectively 
frozen at 37 per hour. There are also 11 commuter slots and 12 
general aviation slots per hour. The 37 slots at National 
compares to 48 at LaGuardia, between 63 and 80 at Kennedy 
depending on the hour, and 120 at O'Hare. Unlike the other 
three airports, the number of slots at National is in the law. 
At the other airports, it is only in FAA rules. Since it is in 
law, the FAA has no flexibility to increase the number of 
slots. At the other three airports, the FAA may grant 
exemptions from the slot rules in order to accommodate 
additional flights for new airlines, for international air 
transportation by either U.S. or foreign airlines, and for 
providing essential air service (EAS) to small communities. 49 
U.S.C. 41714.
    The Committee sees no reason to treat National Airport 
differently than the other high density airports in this 
respect. Accordingly, the reported bill removes the current 
exceptions for National Airport in 49 U.S.C. section 41714. 
This is intended to permit the Department of Transportation 
(DOT) to issue exemptions from the slot rules at Washington 
National Airport to the same extent that it can at the other 
three high density airports. This will not affect DOT's current 
authority to move slots from one hour to another under 
subsection (d) of section 41714. Nor will it necessarily lead 
to an increase in flights at National. The 37 jet slots per 
hour remains in effect. However, this provision will give DOT 
some discretion to permit additional flights in the three 
limited circumstances mentioned above (new entrants, foreign 
air, and EAS).
    In exercising its exemption authority, DOT would be 
expected to follow the same standards already in the law with 
respect to the other three high density airports. For example, 
with respect to new entrants, DOT may only grant an exemption 
where ``the Secretary finds it to be in the public interest and 
the circumstances to be exceptional.'' In this regard, we note 
with approval DOT's action in Docket 49743 where it found that 
Reno Air met the ``public interest'' and ``exceptional 
circumstances'' test in the Reno-Chicago market because that 
market lacked non-stop service and Reno Air had been unable to 
purchase slots or otherwise obtain them from DOT.
    This limited exemption from the slot rules should have 
several beneficial effects. The ability to grant exemptions 
should reduce whatever pressure now exists to completely 
eliminate the slot rule or to take slots away from airlines now 
serving National in order to accommodate new entrants, EAS, or 
foreign air. Indeed, the Committee urges DOT to use this 
exemption authority in situations where the alternative would 
be to take away slots. If this authority does lead to a small 
increase in flights, that will have a beneficial impact on 
competition, consumer choice, and the fares that passengers 
pay. This will benefit all passengers, both in the Washington 
area and throughout the country. There will be no adverse 
impact on safety since the legislation specifically states that 
the ``Secretary shall not issue an exemption under this section 
* * * if the grant of such exemption would adversely affect 
safety.'' Nor will this provision undermine the viability of 
Dulles or BWI which have now developed strong markets and hub 
carriers in their own right.

                       Section-by-Section Summary

    Section 1 is the short title.
    Section 2 states that the following amendments are to the 
Metropolitan Washington Airports Act of 1986.
    Section 3 modifies the current provision that permits 
airport property to be used for non-profit purposes. The 
modification ensures that those purpose are not inconsistent 
with aviation.
    Section 4 increases the number of directors on the Airports 
Board of Directors from 11 to 15 by increasing the number of 
Presidential appointees from 1 to 5. The directors appointed by 
the President must be registered voters of States other than 
Maryland, Virginia, and D.C. and shall ensure that the Board 
gives adequate consideration to the national interest in these 
airports. The Directors shall serve for 6 years except that 2 
of the new members first appointed by the President shall 
initially serve for 4 years so that the terms of the 
Presidential appointees will be staggered. A member can serve 
after the expiration of his term until a successor has taken 
over. A vacancy on the Board shall be filled in the same way as 
the original appointment. A member filling a vacancy shall be 
appointed only for the remainder of the term. The section 
further limits to 3 the number of Presidential appointees from 
the same political party. In light of the increase in the total 
number of Directors, the section raises from 7 to 9 the number 
of votes needed to approve bond issues or the airports' annual 
budget.
    Section 5 replaces the Board of Review with a Federal 
Advisory Commission. This Commission will be composed of 9 
members appointed by the Secretary of Transportation. The 
previous method of appointment involving lists provided by the 
House and Senate is eliminated.
    Section 6 requires that certain actions (already listed in 
the statute) of the airports be submitted to the House, Senate, 
and Advisory Commission 60 calendar days before they are to be 
effective. The action can take effect sooner than the 60th day 
if the airports certify that there are urgent and compelling 
reasons for doing so. The Advisory Commission may make 
recommendations to the airports and Congress within 30 calendar 
days of receiving a submission from the airport. The Advisory 
Commission has no power to delay airport actions. To ensure 
that the additional members of the Board of Directors are 
actually appointed and able to serve under local law, the 
section terminates the airports' authority to take certain 
actions (listed in the current statute) if all the members to 
be appointed by the President are not serving by April 30, 
1997. If they are all serving by that date or any day 
thereafter, the authority to take these actions will have to be 
reauthorized by September 30, 1998. The section also ratifies 
and protects actions of the Airport Authority that were 
submitted to the Board of Review even though that Board was 
declared unconstitutional.
    Section 7 establishes expedited House procedures for the 
consideration of a joint resolution to disapprove an action of 
the airports.
    Section 8 addresses other matters with respect to the 
Advisory Commission. It deletes provisions permitting the old 
Board of Review to participate in airport meetings and to force 
the airports to consider certain actions. It also permits the 
Secretary to remove a member of the Advisory Commission for 
cause.
    Section 9 eliminates the provision that states that if the 
Board of Review is declared unconstitutional, the airports are 
prohibited from taking certain actions.
    Section 10 states that the Federal Advisory Commission Act 
shall not apply to the Federal Advisory Commission in this 
bill. This is designed to ensure that the Advisory Commission 
does not expire after 2 years. The Commission would still be 
expected to hold open meetings.
    Section 11 freezes current airport regulations governing 
use of the Dulles access road. (These rules limit use of the 
road to persons ``going to, or leaving Dulles for airport 
business.'' There are exceptions for certain buses.)
    Section 12 directs the Secretary to amend the lease between 
the Federal government and the airports to reflect the changes 
in this bill.
    Section 13 permits the FAA to grant exemptions from the 
slot rules in order to permit additional flights at National 
airport by new airlines or for essential air service or foreign 
air transportation. The Secretary shall not grant the 
exemptions if that would adversely affect safety.

                          Legislative History

    On February 27, 1995, the Subcommittee on Aviation reported 
the bill, with an amendment, by unanimous voice vote, to the 
Committee on Transportation and Infrastructure. On March 1, 
1995, the Committee on Transportation and Infrastructure 
ordered the bill reported, with an amendment, by voice vote 
with a quorum present.

                     Compliance With House Rule XI

    1. With respect to rule XI, clause 2(l)(3)(A), the 
Subcommittee on Aviation conducted a hearing on February 9, 
1995 on the Metropolitan Washington Airports.
    2. With respect to rule XI, clause 2(l)(4), the enactment 
of the bill will result in no significant inflationary impact.
    3. With respect to rule XIII, clause 7(a), the Committee 
adopts as its own the CBO cost estimate included in this 
report.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 10, 1995.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 1036, the Metropolitan Washington Airports 
Amendments Act of 1995, as ordered reported by the House 
Committee on Transportation and Infrastructure on March 1, 
1995. If enacted, the bill would terminate the Metropolitan 
Washington Airports Authority's review board and replace it 
with an advisory commission. (The Supreme Court recently ruled 
that the review board's role was unconstitutional.) In 
addition, the bill would allow the Federal Aviation 
Administration to grant exemptions from takeoff and landing 
slot rules at National Airport. Under the current budgetary 
treatment of the Airports Authority, CBO estimates that 
enacting H.R. 1036 would have no net impact on the federal 
budget.
    Under H.R. 1036, the Airports Authority would have to 
report certain types of major actions to the commission and to 
the Congress at least 60 days before they are to become 
effective. Such actions would include adopting an annual 
budget, authorizing the issuance of bonds, adopting or 
modifying regulations, appointing a chief executive officer, 
and awarding contracts. The new advisory commission could then 
make recommendations to the Congress within 30 days of such a 
report, and the Congress could disapprove the Authority's 
actions. After September 30, 1997, the Airports Authority would 
no longer be able to take any of these types of actions or to 
spend any money except for routine operating expenses, 
previously authorized capital expenditures, and debt service on 
previously authorized obligations. (Its authority to act would 
expire 17 months earlier if there are any vacancies among the 
Presidentially appointed positions on the Authority's board of 
directors.)
    The Metropolitan Washington Airports Authority is currently 
considered an independent body, and its financial transactions 
are not included in the federal budget. Therefore, the bill's 
changes would have no impact on the federal budget under 
current budgetary procedures. However, the extent of 
Congressional oversight of the Authority and the bill's 
provision that would terminate the Authority's ability to 
conduct major activities as of September 30, 1997, call into 
question whether the current budgetary treatment of the 
authority should continue to apply.
    The new advisory commission would be a federal entity, 
because it would be created by the federal government and its 
members would be appointed by the Secretary of Transportation. 
Therefore, the commission's funding and spending would 
constitute federal receipts and direct spending, and pay-as-
you-go procedures would apply to this bill. Because receipts 
and spending would be offsetting, however, they would have no 
net impact on the federal budget.
    H.R. 1036 would not affect the budgets of state or local 
governments.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is John 
Patterson.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
                                ------                                

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 29, 1996.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: Pursuant to the Unfunded Mandates Reform 
Act of 1995, the Congressional Budget Office has reviewed H.R. 
1036, the Metropolitan Washington Airports Amendments Act of 
1995, as ordered reported by the House Committee on 
Transportation and Infrastructure on March 1, 1995.
    H.R. 1036 would increase the number of Presidentially-
appointed members to the Board of Directors of the Metropolitan 
Washington Airports Authority (MWAA) and would replace the MWAA 
Board of Review with a federally-appointed advisory commission. 
After September 30, 1997, the MWAA would no longer be allowed 
to authorize the issuance of bonds, adopt an annual budget, 
appoint a chief executive officer, or take other major actions. 
Prior to September 30, 1997, major actions of the authority 
would be subject to review by the advisory commission and the 
Congress. The bill would also allow the Federal Aviation 
Administration to grant exemptions from takeoff and landing 
slot rules at National Airport and would make an existing MWAA 
regulation pertaining to use of the Dulles Airport access road 
a federal law.
    H.R. 1036 contains no intergovernmental mandates that would 
exceed the $50 million annual threshold established by Public 
Law 104-4. In addition, the bill would impose no new private 
sector mandates.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact for state, 
local, and tribal issues is Karen McVey. The contact for 
private sector issues is Jean Wooster.
            Sincerely,
                                         June E. O'Neill, Director.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 1036 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

              METROPOLITAN WASHINGTON AIRPORTS ACT OF 1986

          * * * * * * *

               TITLE VI--METROPOLITAN WASHINGTON AIRPORTS

SEC. 6001. SHORT TITLE.

      This title may be cited as the ``Metropolitan Washington 
Airports Act of 1986''.
          * * * * * * *

SEC. 6005. LEASE OF METROPOLITAN WASHINGTON AIRPORTS.

      (a)  * * *
          * * * * * * *
      (c) Minimum Terms and Conditions.--The Airports Authority 
shall agree, at a minimum, to the following conditions and 
requirements in the lease:
          (1)  * * *
          (2) Airport purposes.--The real property constituting 
        the Metropolitan Washington Airports shall, during the 
        period of the lease, be used only for airport purposes. 
        For the purposes of this paragraph, the term ``airport 
        purposes'' means a use of property interests (other 
        than a sale) for aviation business or activities, or 
        for activities necessary or appropriate to serve 
        passengers or cargo in air commerce, or for nonprofit, 
        public use facilities which are not inconsistent with 
        the needs of aviation. If the Secretary determines that 
        any portion of the real property leased to the Airports 
        Authority pursuant to this Act is used for other than 
        airport purposes, the Secretary shall (A) direct that 
        appropriate measures be taken by the Airports Authority 
        to bring the use of such portion of real property in 
        conformity with airport purposes, and (B) retake 
        possession of such portion of real property if the 
        Airports Authority fails to bring the use of such 
        portion into a conforming use within a reasonable 
        period of time, as determined by the Secretary.
          * * * * * * *

SEC. 6007. AIRPORTS AUTHORITY.

  (a)  * * *
          * * * * * * *
  (e) Board of Directors.--
          (1) Appointment.--The Airports Authority shall be 
        governed by a board of directors of [11] 15 members, as 
        follows:
                  (A) five members shall be appointed by the 
                Governor of Virginia;
          * * * * * * *
                  (D) [one member] five members shall be 
                appointed by the President with the advice and 
                consent of the Senate.
        The Chairman shall be appointed from among the members 
        by majority vote of the members and shall serve until 
        replaced by majority vote of the members.
          (2) Restrictions.--Members shall (A) not hold 
        elective or appointive political office, (B) serve 
        without compensation other than for reasonable expenses 
        incident to board functions, and (C) reside within the 
        Washington Standard Metropolitan Statistical Area, 
        [except that the member appointed by the President 
        shall not be required to reside in that area.] except 
        that the members appointed by the President shall be 
        registered voters of States other than Maryland, 
        Virginia, or the District of Columbia.
          (3) Terms.--Members shall be appointed to the board 
        for a term of 6 years, except that of members first 
        appointed--
                  (A) by the Governor of Virginia, 2 shall be 
                appointed for 4 years and 2 shall be appointed 
                for 2 years;
                  (B) by the Mayor of the District of Columbia, 
                1 shall be appointed for 4 years and 1 shall be 
                appointed for 2 years; [and]
                  (C) by the Governor of Maryland, 1 shall be 
                appointed for 4 years[.]; and
                  (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.
          (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.
          (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.
          (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.
          [(4)] (7) Removal of presidential appointees.--A 
        member of the board appointed by the President shall be 
        subject to removal by the President for cause.
          [(5)] (8) Required number of votes.--[Seven] Nine 
        votes shall be required to approve bond issues and the 
        annual budget.
  [(f) Board of Review.--
          [(1) Composition.--The board of directors shall be 
        subject to review of its actions and to requests, in 
        accordance with this subsection, by a Board of Review 
        of the Airports Authority. The Board of Review shall be 
        established by the board of directors to represent the 
        interests of users of the Metropolitan Washington 
        Airports and shall be composed of 9 members appointed 
        by the board of directors as follows:
                  [(A) 4 individuals from a list provided by 
                the Speaker of the House of Representatives.
                  [(B) 4 individuals from a list provided by 
                the President pro tempore of the Senate.
                  [(C) 1 individual chosen alternately from a 
                list provided by the Speaker of the House of 
                Representatives and from a list provided by the 
                President pro tempore of the Senate.
        [In addition to the recommendations on a list provided 
        under this paragraph, the board of directors may 
        request additional recommendations.]
  (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.
          (2) Terms, vacancies, and qualifications.--
                  (A) Terms.--Members of the [Board of Review] 
                Federal Advisory Commission appointed under 
                [paragraphs (1)(A) and (1)(B)] paragraph (1) 
                shall be appointed for terms of 6 years. 
                [Members of the Board of Review appointed under 
                paragraph (1)(C) shall be appointed for terms 
                of 2 years.] A member may serve after the 
                expiration of that member's term until a 
                successor has taken office.
                  (B) Vacancies.--A vacancy in the [Board of 
                Review] Federal Advisory Commission 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.
                  (C) Qualifications.--Members of the [Board of 
                Review] Federal Advisory Commission shall be 
                individuals who have experience in aviation 
                matters and in addressing the needs of airport 
                users and who themselves are frequent users of 
                the Metropolitan Washington Airports. A member 
                of the [Board of Review] Federal Advisory 
                Commission shall be a registered voter of a 
                State other than Maryland, Virginia, or the 
                District of Columbia.
                  (D) Effect of more than 4 vacancies.--At any 
                time that the [Board of Review] Federal 
                Advisory Commission established under this 
                subsection has more than 4 vacancies [and lists 
                have been provided for appointments to fill 
                such vacancies], the Airports Authority shall 
                have no authority to perform any of the actions 
                that are required by paragraph (4) to be 
                submitted to the [Board of Review] Federal 
                Advisory Commission.
          (3) Procedures.--The [Board of Review] Federal 
        Advisory Commission shall establish procedures for 
        conducting its business. The procedures may include 
        requirements for a quorum at meetings and for proxy 
        voting and for the selection of a Chairman. The [Board] 
        Commission shall meet at least once each year and shall 
        meet at the call of the chairman or 3 members of the 
        [Board] Commission. Any decision of the [Board of 
        Review] Federal Advisory Commission under paragraph (4) 
        or (5) shall be by a vote of 5 members of the [Board] 
        Commission.
          (4) Review procedure.--
                  [(A) Submission required.--An action of the 
                Airports Authority described in subparagraph 
                (B) shall be submitted to the [Board of Review] 
                Federal Advisory Commission at least 30 days 
                (or at least 60 days in the case of the annual 
                budget) before it is to become effective.]
                  (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.
          * * * * * * *
                  [(C) Recommendations.--The Board of Review 
                may make to the board of directors 
                recommendations regarding an action within 
                either (i) 30 calendar days of its submission 
                under this paragraph; or (ii) 10 calendar days 
                (excluding Saturdays, Sundays, and holidays, 
                and any day on which neither House of Congress 
                is in session because of an adjournment sine 
                die, a recess of more than 3 days, or an 
                adjournment of more than 3 days) of its 
                submission under this paragraph; whichever 
                period is longer. Such recommendations may 
                include a recommendation that the action not 
                take effect. If the Board of Review does not 
                make a recommendation in the applicable review 
                period under this subparagraph or if at any 
                time in such review period the Board of Review 
                decides that it will not make a recommendation 
                on an action, the action may take effect.]
                  (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.
                  [(D) Effect of recommendation.--
                          [(i) Response.--An action with 
                        respect to which the Board of Review 
                        has made a recommendation in accordance 
                        with subparagraph (C) may only take 
                        effect if the board of directors adopts 
                        such recommendation or if the board of 
                        directors has evaluated and responded, 
                        in writing, to the Board of Review with 
                        respect to such recommendation and 
                        transmits such action, evaluation, and 
                        response to Congress in accordance with 
                        clause (ii) and the 60-calendar day 
                        period described in clause (ii) 
                        expires.
                          [(ii) Nonadoption of 
                        recommendation.--If the board of 
                        directors does not adopt a 
                        recommendation of the Board of Review 
                        regarding an action, the board of 
                        directors shall transmit to the Speaker 
                        of the House of Representatives and the 
                        President of the Senate a detailed 
                        description of the action, the 
                        recommendation of the Board of Review 
                        regarding the action, and the 
                        evaluation and response of the board of 
                        directors to such recommendation, and 
                        the action may not take effect until 
                        the expiration of 60 calendar days 
                        (excluding Saturdays, Sundays, and 
                        holidays, and any day on which neither 
                        House of Congress is in session because 
                        of an adjournment sine die, a recess of 
                        more than 3 days, or an adjournment of 
                        more than 3 days) beginning on the day 
                        on which the board of directors makes 
                        such transmission to the Speaker of the 
                        House of Representatives and the 
                        President of the Senate.
                  [(E)] (D) Limitation on expenditures.--Unless 
                an annual budget for a fiscal year has taken 
                effect in accordance with this paragraph, the 
                Airports Authority may not obligate or expend 
                any money in such fiscal year, except for (i) 
                debt service on previously authorized 
                obligations, and (ii) obligations and 
                expenditures for previously authorized capital 
                expenditures and routine operating expenses.
                  (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.
          (5) Congressional disapproval procedure.--
                  (A)  * * *
                  (B) Resolution defined.--For the purpose of 
                this paragraph, the term ``resolution'' means 
                only a joint resolution, relating to an action 
                of the board of directors transmitted to 
                Congress in accordance with [paragraph 
                (4)(D)(ii)] paragraph (4), the matter after the 
                resolving clause of which is as follows: ``That 
                the Congress disapproves of the action of the 
                board of directors of the Metropolitan 
                Washington Airports Authority described as 
                follows:             .'', the blank space 
                therein being appropriately filled. Such term 
                does not include a resolution which specifies 
                more than one action.
                  (C) Referral.--A resolution with respect to a 
                board of director's action shall be referred to 
                the Committee on [Public Works and 
                Transportation] Transportation and 
                Infrastructure of the House of Representatives, 
                or the Committee on [Commerce, Science and 
                Technology] Commerce, Science, and 
                Transportation of the Senate, by the Speaker of 
                the House of Representatives or the President 
                of the Senate, as the case may be.
                  (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.
                  [(D) Motion to discharge.--If the committee 
                to which a resolution has been referred has not 
                reported it at the end of 20 calendar days 
                after its introduction, it is in order to move 
                to discharge the committee from further 
                consideration of that joint resolution or any 
                other resolution with respect to the board of 
                directors action which has been referred to the 
                committee.
                  [(E) Rules with respect to motion.--A motion 
                to discharge may be made only by an individual 
                favoring the resolution, is highly privileged 
                (except that it may not be made after the 
                committee has reported a resolution with 
                respect to the same action), and debate thereon 
                shall be limited to not more than 1 hour, to be 
                divided equally between those favoring and 
                those opposing the resolution. An amendment to 
                the motion is not in order, and it is not in 
                order to move to reconsider the vote by which 
                the motion is agreed to or disagreed to. 
                Motions to postpone shall be decided without 
                debate.
                  [(F) Effect of motion.--If the motion to 
                discharge is agreed to or disagreed to, the 
                motion may not be renewed, nor may another 
                motion to discharge the committee be made with 
                respect to any other resolution with respect to 
                the same action.
                  [(G)] (E) Senate procedure.--
                          (i) Motion to proceed.--When the 
                        committee of the Senate has reported, 
                        or has been discharged from further 
                        consideration of, a resolution, it is 
                        at any time thereafter in order (even 
                        though a previous motion to the same 
                        effect has been disagreed to) to move 
                        to proceed to the consideration of the 
                        resolution. The motion is highly 
                        privileged and is not debatable. An 
                        amendment to the motion is not in 
                        order, and it is not in order to move 
                        to reconsider the vote by which the 
                        motion is agreed to or disagreed to.
          * * * * * * *
                  [(H)] (F) Effect of adoption of resolution by 
                other house.--If, before the passage by 1 House 
                of a joint resolution of that House, that House 
                receives from the other House a joint 
                resolution, then the following procedures shall 
                apply:
                          (i) The joint resolution of the other 
                        House shall not be referred to a 
                        committee and may not be considered in 
                        the House receiving it, except in the 
                        case of final passage as provided in 
                        clause (ii)(I).
          * * * * * * *
          [(6) Request for consideration of other matters.--The 
        Board of Review may request the Airports Authority to 
        consider and vote, or to report, on any matter related 
        to the Metropolitan Washington Airports. Upon receipt 
        of such a request the Airports Authority shall consider 
        and vote, or report, on the matter as promptly as 
        feasible.
          [(7) Participation in meetings of airports 
        authority.--Members of the Board of Review may 
        participate as nonvoting members in meetings of the 
        board of the Airports Authority.
          [(8)] (6) Staff.--The [Board of Review] Federal 
        Advisory Commission may hire two staff persons to be 
        paid by the Airports Authority. The Airports Authority 
        shall provide such clerical and support staff as the 
        [Board] Commission may require.
          [(9)] (7) Liability.--A member of the [Board of 
        Review] Federal Advisory Commission shall not be liable 
        in connection with any claim, action, suit, or 
        proceeding arising from service on the [Board] 
        Commission.
          [(10)] (8) Conflicts of interest.--In every contract 
        or agreement to be made or entered into, or accepted by 
        or on behalf of the Airports Authority, there shall be 
        inserted an express condition that no member of a 
        [Board of Review] Federal Advisory Commission shall be 
        admitted to any share or part of such contract or 
        agreement, or to any benefit to arise thereupon.
          [(11)] (9) Removal.--A member of the [Board of 
        Review] Federal Advisory Commission shall be subject to 
        removal only for cause [by a two-thirds vote of the 
        board of directors] by the Secretary of Transportation.
          * * * * * * *
  [(h) Limitation on Authority.--If the Board of Review 
established under subsection (f) is unable to carry out its 
functions under this title by reason of a judicial order, the 
Airports Authority thereafter shall have no authority to 
perform any of the actions that are required by paragraph 
(f)(4) to be submitted to the Board of Review.
  [(i)] (h) Review of Contracting Procedures.--The Comptroller 
General shall review contracts of the Airports Authority to 
determine whether such contracts were awarded by procedures 
which follow sound Government contracting principles and are in 
compliance with section 6005(c)(4) of this title. The 
Comptroller General shall submit periodic reports of the 
conclusions reached as a result of such review to the Committee 
on Public Works and Transportation of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.
  (i) Federal Advisory Committee Act.--The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the Federal 
Advisory Commission.
          * * * * * * *

SEC. 6009. RELATIONSHIP TO AND EFFECT OF OTHER LAWS.

  (a)  * * *
  (b) Inapplicability of Certain Laws.--The Metropolitan 
Washington Airports and the Airports Authority shall not be 
subject to the requirements of any law solely by reason of the 
retention by the United States of fee simple title to such 
airports or by reason of the authority of the [Board of Review] 
Federal Advisory Commission under subsection 6007(f).
          * * * * * * *
  (e) Operation Limitations.--
          (1) High density rule.--[The Administrator] Except as 
        provided by section 41714 of title 49, United States 
        Code, the Administrator 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 the 
        date of the enactment of this title and may not 
        decrease the number of such takeoffs and landings 
        except for reasons of safety.
          * * * * * * *

SEC. 6011. SEPARABILITY.

  [Except as provided in section 6007(h), if] If any provision 
of this title or the application thereof to any person or 
circumstance, is held invalid, the remainder of this title and 
the application of such provision to other persons or 
circumstances shall not be affected thereby.
          * * * * * * *

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.
                              ----------                              


             SECTION 41714 OF TITLE 49, UNITED STATES CODE

Sec. 41714. Availability of slots

  (a) Making Slots Available for Essential Air Service.--
          (1) Operational authority.--If basic essential air 
        service under subchapter II of this chapter is to be 
        provided from an eligible point to a high density 
        airport [(other than Washington National Airport)], the 
        Secretary of Transportation shall ensure that the air 
        carrier providing or selected to provide such service 
        has sufficient operational authority at the high 
        density airport to provide such service. The 
        operational authority shall allow flights at reasonable 
        times taking into account the needs of passengers with 
        connecting flights.
          * * * * * * *
  (b) Slots for Foreign Air Transportation.--
          (1) Exemptions.--If the Secretary finds it to be in 
        the public interest at a high density airport [(other 
        than Washington National Airport)], the Secretary may 
        grant by order exemptions from the requirements of 
        subparts K and S of part 93 of title 14, Code of 
        Federal Regulations (pertaining to slots at high 
        density airports), to enable air carriers and foreign 
        air carriers to provide foreign air transportation 
        using Stage 3 aircraft.
          * * * * * * *
  (c) Slots for New Entrants.--
          (1) In general.--If the Secretary finds it to be in 
        the public interest and the circumstances to be 
        exceptional, the Secretary may by order grant 
        exemptions from the requirements under subparts K and S 
        of part 93 of title 14, Code of Federal Regulations 
        (pertaining to slots at high density airports), to 
        enable new entrant air carriers to provide air 
        transportation at high density airports [(other than 
        Washington National Airport)].
          * * * * * * *
  (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.
  [(h)] (i) Definitions.--In this section and section 41734(h), 
the following definitions apply:
          (1) Commuter air carrier.--The term ``commuter air 
        carrier'' means a commuter operator as defined or 
        applied in subpart K or S of part 93 of title 14, Code 
        of Federal Regulations.
          * * * * * * *