[Senate Report 104-166]
[From the U.S. Government Publishing Office]




   104th Congress 1st            SENATE                 Report
         Session
                                                       104-166
_______________________________________________________________________


                                                       Calendar No. 222


 
        METROPOLITAN WASHINGTON AIRPORTS ACT AMENDMENTS OF 1995

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION


                             together with


                            ADDITIONAL VIEWS

                                    on

                                 S. 288




                November 2, 1995.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred fourth congress
                             first session

  LARRY PRESSLER, South Dakota, 
             Chairman
ERNEST F. HOLLINGS, South Carolina   BOB PACKWOOD, Oregon
DANIEL K. INOUYE, Hawaii             TED STEVENS, Alaska
WENDELL H. FORD, Kentucky            JOHN McCAIN, Arizona
J. JAMES EXON, Nebraska              CONRAD BURNS, Montana
JOHN D. ROCKEFELLER IV, West VirginiaSLADE GORTON, Washington
JOHN F. KERRY, Massachusetts         TRENT LOTT, Mississippi
JOHN B. BREAUX, Louisiana            KAY BAILEY HUTCHISON, Texas
RICHARD H. BRYAN, Nevada             OLYMPIA SNOWE, Maine
BYRON L. DORGAN, North Dakota        JOHN ASHCROFT, Missouri
  Patric G. Link, Chief of Staff
Kevin G. Curtin, Democratic Chief 
    Counsel and Staff Director
                                                       Calendar No. 222
104th Congress                                                   Report
                                 SENATE

 1st Session                                                    104-166
_______________________________________________________________________


         METROPOLITAN WASHINGTON AIRPORT ACT AMENDMENTS OF 1995
                                _______


                November 2, 1995.--Ordered to be printed

_______________________________________________________________________


      Mr. Pressler, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                         [To accompany S. 288]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 288) TITLE deg. ``A 
Bill to abolish the Board of Review of the Metropolitan 
Washington Airports Authority, and for other purposes'', having 
considered the same, reports favorably thereon 
without deg. with an amendment in the nature of a 
substitute and recommends that the bill joint 
resolution deg. (as amended) do pass.

                          Purpose of the Bill

  The purpose of S. 288 as reported is to amend the 
Metropolitan Washington Airports Act of 1986 (49 U.S.C. App. 
2451 et seq.) by: (1) abolishing the Board of Review of the 
Metropolitan Washington Airports Authority (MWAA); (2) 
conveying the sense of the Senate that the MWAA should not 
provide free parking areas at either Washington National 
Airport or Washington Dulles International Airport for Members 
of Congress, other Government officials, or diplomats; and (3) 
increasing the number of presidentially-appointed members on 
the MWAA Board of Directors.

                          Background and Needs

  Prior to 1987, Washington National Airport and Washington 
Dulles International Airport were owned by the federal 
government and operated by the Federal Aviation Administration 
(FAA). These were the only two commercial airports under the 
federal government's direct operational supervision.
  In 1987, supervision over these airports was transferred from 
the FAA to the MWAA, as authorized by the Metropolitan 
Washington Airports Authority Act of 1986 (the 1986 Act). The 
MWAA is an independent regional authority created under an 
interstate compact between the Commonwealth of Virginia and the 
District of Columbia. All airport property was transferred to 
the MWAA under a 50-year lease, with the federal government 
holding the title to the property. A Board of Directors was 
established to operate the airports. Under the 1986 Act, the 11 
directors are appointed by the Governors of Virginia (5) and 
Maryland (2), the Mayor of the District of Columbia (3), and 
the President of the United States (1).
  The 1986 Act also created a ``Board of Review'' composed of 
Members of Congress with veto authority over decisions of the 
MWAA Board of Directors. A section was included in the 1986 Act 
providing that if the Board of Review was ever unable to 
function by reason of a judicial order, the MWAA could no 
longer carry out certain specified actions that were required 
to be submitted to the Board of Review for consideration, such 
as the adoption of a budget and the issuance of bonds. In 
short, the 1986 Act provided a non-severable Congressional 
oversight function. If the Board of Review was declared 
invalid, the MWAA would have almost no authority to operate.

                 Board of Review Found Unconstitutional

  In 1991, the Supreme Court ruled the first Board of Review 
unconstitutional because it had veto power over actions of the 
MWAA. \1\ The Court found that veto power violated the 
constitutional doctrine of separation of powers.
    \1\ Metropolitan Washington Airports Authority v. Citizens for the 
Abatement of Aircraft Noise, Inc., 501 U.S. 252 (1991).
---------------------------------------------------------------------------
  Following the Supreme Court ruling, Congress amended the 1986 
Act in 1991 by eliminating the requirement that only Members of 
Congress could serve on the Board of Review. That amendment 
also eliminated the Board of Review's veto authority. Even with 
the changes of the 1991 amendment, the MWAA Board of Directors 
was still required to submit the following actions to the Board 
of Review:
          The adoption of an annual budget and any amendments 
        thereto;
          The authorization for the issuance of bonds and an 
        annual plan for the issuance of bonds and any 
        amendments to such plan;
          The adoption, amendment, or repeal of a regulation;
          The adoption or revision of a master plan;
          The appointment of the chief executive officer;
          The award of a contract (with certain limited 
        exceptions regarding the sale or issuance of bonds) 
        which has been approved by the Board of Directors;
          The approval of terminal design or airport layout or 
        modifications thereto; and
          The acquisition or disposal of land and the grant of 
        a long-term easement.
  As a result of the 1991 amendment, if the Board of Review 
disagreed with the Board of Directors' proposed actions, the 
Board of Review could recommend changes. If the Board of 
Directors did not choose to adopt a recommendation made by the 
Board of Review, the issue had to be submitted to Congress for 
a review period of 60 days. If it desired, Congress could enact 
legislation to block any objectionable actions by the Board of 
Directors. Further, the Board of Directors was required to 
respond to all requests made by the Board of Review.
  Following the 1991 amendment, the governing statute retained 
the so-called ``drop dead'' section which prohibited the MWAA 
from performing the specific actions listed above if the Board 
of Review was prevented from operating by judicial order.

           Reconstituted Board of Review Found Unconstitutional

  In September 1994, this new Board of Review format was held 
to be unconstitutional by the U.S. Court of Appeals for the 
District of Columbia Circuit. \2\ On January 23, 1995, the U.S. 
Supreme Court declined to review the matter and let stand the 
appellate court ruling. \3\ Once again, the judicial branch 
ruled that the Board of Review violated the constitutional 
separation of powers doctrine.
    \2\ Hechinger v. Metropolitan Washington Airports Authority, 36 
F.3d 97 (1994).
    \3\ Metropolitan Washington Airports Authority v. Hechinger, 115 
S.Ct. 934 (1995).
---------------------------------------------------------------------------
  The Court of Appeals issued a stay of its ruling until March 
31, 1995. Effective April 1, 1995, the MWAA is prohibited from 
taking those actions, as listed above, that are required to be 
submitted to the Board of Review. Given that the MWAA currently 
is in the middle of $2 billion in construction projects between 
the two airports, resolution of this issue by Congress became 
extremely critical.

                          Legislative History

  On January 26, 1995, Senator McCain introduced S. 288, which 
was cosponsored by Senators Warner and Robb. After the bill was 
referred to the Committee on Commerce, Science, and 
Transportation, the Aviation Subcommittee held a hearing on 
March 9, 1995.
  On March 28, 1995, the Committee met in open executive 
session to consider an amendment in the nature of a substitute 
to S. 288. By voice vote, S. 288 as amended was ordered to be 
reported, without objection.

                      Summary of Major Provisions

  The bill as reported would abolish the MWAA Board of Review 
and add two more presidentially appointed members to the MWAA 
Board of Directors. The bill also conveys the sense of the 
Senate that the MWAA discontinue free, reserved parking at 
National and Dulles Airports for Members of Congress, other 
Government officials, and diplomats.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 30, 1995.
Hon. Larry Pressler,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed S. 288, a bill to abolish the Board of Review of the 
Metropolitan Washington Airports Authority, and for other 
purposes, as ordered reported by the Senate Committee on 
Commerce, Science, and Transportation on March 28, 1995. If 
enacted, the bill would terminate the Metropolitan Washington 
Airports Authority's review board. (The Supreme Court recently 
ruled that the review board's role was unconstitutional.) In 
addition, the bill would increase the number of Presidentially 
appointed members of the Airports Authority's board of 
directors from 1 to 3. Under the current budgetary treatment of 
the Airports Authority, CBO estimates that enacting S. 288 
would have no net impact on the federal budget.
    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. CBO estimates that enacting the 
bill would result in no cost to state or local governments. 
Because enactment of S. 288 would not affect direct spending or 
receipts, pay-as-you-go procedures would not apply to this 
bill.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is John 
Patterson.
            Sincerely,
                                         June E. O'Neill, Director.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported.
  This legislation abolishes the MWAA Board of Review, which 
could save the MWAA from having to pay salaries for two staff 
persons. However, the MWAA would incur any reasonable expenses 
incidental to the addition of two new members of the Board of 
Directors. There is likely to be a net savings to the MWAA. The 
Committee anticipates no other economic impact.
  The Committee does not expect this legislation to subject 
individuals or businesses to any additional regulation or 
paperwork. On the contrary, there will be a reduction in 
regulation and paperwork because the MWAA Board of Directors 
will no longer be required to report to the Board of Review.
  This legislation has no impact on the personal privacy of 
individuals.

                      Section-by-Section Analysis

Section 1. Abolition of Board of Review and related authority

  Section 1 abolishes the MWAA Board of Review as it was 
reconstituted by the 1991 amendment to the 1986 Act. This 
section includes conforming amendments that alter the language 
of the 1986 Act to reflect the absence of the Board of Review. 
Finally, this section provides that any actions taken by the 
MWAA and submitted to the Board of Review, before April 1, 
1995, will remain in full effect regardless of any judicial 
order invalidating the Board of Review or its functions.

Section 2. Sense of the Senate on parking

  Section 2 expresses the Sense of the Senate that the MWAA 
should not continue to provide any reserved parking areas free 
of charge to Members of Congress, other Government officials, 
or diplomats at either Washington National Airport or 
Washington Dulles International Airport. This section also 
urges the MWAA to establish a parking policy that provides 
equal access to the public without preferential privileges for 
the persons mentioned above.

Section 3. Conforming amendments in other law

  Section 3 repeals any reference to the Board of Review in any 
Federal law, Executive order, rule, regulation, or delegation 
of authority or to the provisions of law repealed under this 
bill.

Section 4. Definitions

  Section 4 defines the terms ``Airport Authority'', 
``Washington National Airport'', ``Washington Dulles 
International Airport'', and ``Board of Review'' for the 
purposes of this legislation.

Section 5. Increase in number of Presidentially-appointed members of 
        Board

  Section 5 amends the 1986 Act by changing the composition of 
the MWAA Board of Directors. By this bill, the total number of 
directors increases from 11 to 13. The 1986 Act originally 
provided for a board comprised of five directors appointed by 
the Governor of Virginia, three appointed by the Mayor of the 
District of Columbia, two appointed by the Governor of 
Maryland, and one appointed by the President of the United 
States. This legislation adds two more directors appointed by 
the President. With the additional directors, the number of 
votes required to approve bond issues and the annual budget 
increases from seven to eight.
  This section also provides for staggered terms of service for 
the three presidentially appointed directors so that terms of 
each expire at different times. The two new presidential 
appointees will serve for terms that expire two years and four 
years, respectively, after the end of the term of the current 
presidential appointee. If there is a vacancy in the existing 
presidentially appointed position at the time this bill is 
enacted, then the director appointed to fill that vacancy will 
serve for a term of two years.

Section 6. Reconstituted Board to function without interruption

  Section 6 ensures that the Board of Directors will continue 
to fully function, as reconstituted, until any necessary 
conforming changes are made in relevant State law. This section 
allows the board to operate if Virginia, Maryland, or the 
District of Columbia needs to alter the interstate compact, 
given the changes in the composition of the board.
  It is anticipated that the necessary changes to the laws of 
Virginia and the District of Columbia will be forthcoming to 
accommodate the two new presidentially-appointed members. In 
due course, the President's nominees will take their place on 
the board. The Board of Directors can continue to exercise its 
full powers during the interim period.

Section 7. Status unaffected

  Section 7 provides that this bill shall not in any way affect 
the treatment of the MWAA under Federal, State, or local tax 
law.

Section 8. Distribution of operational slots at National Airport

  Section 8 provides that nothing in this Act shall affect the 
number or distribution of operational slots under the High 
Density Rule (14 CFR 93.121 et seq.) at Washington National 
Airport.

                      Rollcall Votes in Committee

  In accordance with paragraph 7(c) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following description of the record votes during its 
consideration of S. 288:
  Senator Ashcroft offered an amendment to strike section 2 of 
the proposed amendment in the nature of a substitute, 
concerning the sense of the Senate. By rollcall vote of 7 yeas 
and 9 nays as follows, the amendment was defeated:
        YEAS--7--                     NAYS--9
Mr. Gorton--                        Mr. Pressler
Mr. Lott\1\--                       Mr. Stevens\1\
Mr. Ashcroft-                       Mr. McCain
Mr. Hollings-                       Mr. Burns\1\
Mr. Inouye\1\-                      Ms. Snowe
Ms. Exon\1\--                       Mr. Ford
Mr. Dorgan--                        Mr. Rockefeller---
                                    Mr. Breaux---
                                    Mr. Bryan

    \1\ By proxy

  Two amendments to the amendment in the nature of a substitute 
were offered and agreed to by voice vote. The first was an 
amendment by Senator Rockefeller to strike a provision that 
would have eliminated the perimeter rule at Washington National 
Airport. The second was an amendment by Senator Exon that 
ensures that nothing in the bill affects the number or 
distribution of operational slots under the High Density Rule, 
in effect at Washington National Airport.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, 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 material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

               TITLE VI--METROPOLITAN WASHINGTON AIRPORTS

SEC. 6001. SHORT TITLE.

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

SEC. 6007. AIRPORTS AUTHORITY.

  (a) Powers Conferred by Virginia and the District of 
Columbia.--The Airports Authority shall be a public body 
corporate and politic, having the powers and jurisdiction as 
are conferred upon it jointly by the legislative authority of 
the Commonwealth of Virginia and the District of Columbia or by 
either of the jurisdictions and concurred in by the legislative 
authority of the other jurisdiction, but at a minimum meeting 
the requirements of this section.
  (b) Purpose.--The Airports Authority shall be--
          (1) independent of the Commonwealth of Virginia and 
        its local governments, the District of Columbia, and 
        the Federal Government; and
          (2) a political subdivision constituted solely to 
        operate and improve both Metropolitan Washington 
        Airports as primary airports service the Metropolitan 
        Washington area.
  (c) General Authorities.--The Airports Authority shall be 
authorized--
          (1) to acquire, maintain, improve, operate, protect, 
        and promote the Metropolitan Washington Airports for 
        public purposes;
          (2) to issue bonds from time to time in its 
        discretion for public purposes, including the purposes 
        of paying all or 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, which bonds--
                  (A) shall not constitute a debt of either 
                jurisdiction or a political subdivision 
                thereof; 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 they are 
                financed in whole or part from the proceeds of 
                such bonds;
          (3) to acquire real and personal property by 
        purchases, lease, transfer, or exchange, and to 
        exercise such powers of eminent domain within the 
        Commonwealth of Virginia as are conferred upon it by 
        the Commonwealth of Virginia;
          (4) to levy fees or other charges; and
          (5) to make and maintain agreements with employee 
        organizations to the extent that the Federal Aviation 
        Administration is so authorized on the date of 
        enactment of this title.
  (d) Conflict-of-Interest Provisions.--The Airports Authority 
shall be subject to a conflict-of-interest provision providing 
that 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. Exceptions to requirements of the preceding 
sentence may be made by the official appointing a member at the 
time the member is appointed, if the financial interest is 
fully disclosed and so long as the member does not participate 
in board decisions that directly affect such interest. The 
Airports Authority shall include in its code developed under 
section 6005(c)(8) of this title the standards by which members 
will determine what constitutes a substantial financial 
interest and the circumstances under which an exception may be 
granted.
  (e) Board of Directors.--The Airports Authority shall be 
governed by a board of directors of [11 members,] 13 members, 
as follows:
                  (A) five members shall be appointed by the 
                Governor of Virginia;
                  (B) three members shall be appointed by the 
                Mayor of the District of Columbia;
                  (C) two members shall be appointed by the 
                Governor of Maryland; and
                  [one member] 3 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.
          (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.
          (4) Removal of presidential appointees.--A member of 
        the board appointed by the President shall be subject 
        to removal by the President for cause.
          (5) Required number of votes.--[Seven] Eight 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.
          [(2) Terms, vacancies, and qualifications.--
                  [(A) Terms.--Members of the Board of Review 
                appointed under paragraphs (1)(A) and (1)(B) 
                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 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 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 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 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.
          [(3) Procedures.--The Board of Review 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 shall meet at least once each year and shall 
        meet at the call of the chairman or 3 members of the 
        Board. Any decision of the Board of Review under 
        paragraph (4) or (5) shall be by a vote of 5 members of 
        the Board.
          [(4) Review procedure.--
                  (A) Submission required.--An action of the 
                Airports Authority described in subparagraph 
                (B) shall be submitted to the Board of Review 
                at least 30 days (or at least 60 days in the 
                case of the annual budget) before it is to 
                become effective.
                  (B) Actions affected.--The following are the 
                actions referred to in subparagraph (A):
                          [(i) the adoption of an annual budget 
                        and any amendments thereto;
                          [(ii) the authorization for the 
                        issuance of bonds and an annual plan 
                        for issuance of bonds and any 
                        amendments to such plan;
                          [(iii) the adoption, amendment, or 
                        repeal of a regulation;
                          [(iv) the adoption or revision of a 
                        master plan;
                          [(v) the appointment of the chief 
                        executive officer;
                          [(vi) the award of a contract (other 
                        than a contract in connection with the 
                        issuance or sale of bonds which is 
                        executed within 30 days of the date of 
                        issuance of the bonds) which has been 
                        approved by the board of directors of 
                        the Airports Authority;
                          [(vii) any action of the board of 
                        directors approving a terminal design 
                        or airport layout or modification of 
                        such design or layout; and
                          [(viii) the authorization for the 
                        acquisition or disposal of land and the 
                        grant of a long-term easement.
                  [(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.
                  [(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) 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.
          [(5) Congressional disapproval procedure.--
                  [(A) In general.--This paragraph is enacted 
                by Congress--
                          [(i) as an exercise of the rulemaking 
                        power of the Senate and the House of 
                        Representatives, respectively, and as 
                        such these provisions are deemed a part 
                        of the rule of each House, 
                        respectively, but applicable only with 
                        respect to the procedure to be followed 
                        in that House in the case of 
                        resolutions described by this 
                        paragraph; and they supersede other 
                        rules only to the extent that they are 
                        inconsistent therewith; and
                          [(ii) with full recognition of the 
                        constitutional right of either House to 
                        change the rule (so far as relating to 
                        the procedure of that House) at any 
                        time, in the same manner and to the 
                        same extent as in the case of any other 
                        rule of that House.
                  [(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), 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 of the House of Representatives, 
                or the Committee on 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) 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) 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.
                          [(ii) Limitation on debate.--Debate 
                        in the Senate on the resolution shall 
                        be limited to not more than 10 hours, 
                        which shall be divided equally between 
                        those favoring and those opposing the 
                        resolution. A motion further to limit 
                        debate is not debatable. An amendment 
                        to, or motion to recommit, the 
                        resolution is not in order, and it is 
                        not in order to move to reconsider the 
                        vote by which the resolution is agreed 
                        to or disagreed to.
                          [(iii) No debate on certain 
                        motions.--In the Senate, motions to 
                        postpone made with respect to the 
                        consideration of a resolution and 
                        motions to proceed to the consideration 
                        of other business shall be decided 
                        without debate.
                          [(iv) Appeals.--Appeals from the 
                        decisions of the Chair relating to the 
                        application of the rules of the Senate 
                        to the procedure relating to a 
                        resolution shall be decided without 
                        debate.
                  [(H) 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).
                          [(ii) With respect to a joint 
                        resolution described in clause (i) of 
                        the House receiving the joint 
                        resolution--
                                  [(I) the procedure in that 
                                House shall be the same as if 
                                no joint resolution had been 
                                received from the other House; 
                                but
                                  [(II) the vote on final 
                                passage shall be on the joint 
                                resolution of the other House.
                Upon disposition of the joint resolution 
                received from the other House, it shall no 
                longer be in order to consider the joint 
                resolution that originated in the receiving 
                House.
          [(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) Staff.--The Board of Review 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 may require.
          [(9) Liability.--A member of the Board of Review 
        shall not be liable in connection with any claim, 
        action, suit, or proceeding arising from service on the 
        Board.
          [(10) 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 shall be admitted to any share or part of 
        such contract or agreement, or to any benefit to arise 
        thereupon.
          [(11) Removal.--A member of the Board of Review shall 
        be subject to removal only for cause by a two-thirds 
        vote of the board of directors.]
  [(g)](f) Certain Actions To Be Taken by Regulation.--Any 
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.
  [(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)](g) 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.
          * * * * * * *

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

  (a) Other Laws.--In order to assure that the Airports 
Authority has the same proprietary powers and is subject to the 
same restrictions with respect to Federal Law as any other 
airport except as otherwise provided in this title, during the 
period that the lease authorized by section 6005 of this title 
is in effect--
          (1) the Metropolitan Washington Airports shall be 
        considered public airports for purposes of the Airport 
        and Airway Improvement Act of 1982 (49 U.S.C. App. 2201 
        et seq.); and
          (2) the Acts entitled ``An Act to provide for the 
        administration of the Washington National Airport, and 
        for other purposes'', approved June 29, 1940 (54 Stat. 
        686), ``An Act to authorize the construction, 
        protection, operation, and maintenance of a public 
        airport in or in the vicinity of the District of 
        Columbia'', approved September 7, 1950 (64 Stat. 770), 
        and ``An act making supplemental appropriations for the 
        support of the Government for the fiscal year ending 
        June 30, 1941, and for other purposes'', approved 
        October 9, 1940 (54 Stat. 1030), shall not apply to the 
        operation of the Metropolitan Washington Airports, and 
        the Secretary shall be relieved of all responsibility 
        under those Acts.
  (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 the fee simple title to such 
airports [or by reason of the authority of the Board of Review 
under subsection 6007(f)].
  (c) Police Power.--The Commonwealth of Virginia shall have 
concurrent police power authority over the Metropolitan 
Washington Airports, and the courts of the Commonwealth of 
Virginia may exercise jurisdiction over Washington National 
Airport.
  (d) Planning.--
          (1) In general.--The authority of the National 
        Capital Planning Commission under section 5 of the Act 
        of June 6, 1924 (40 U.S.C. 71d) shall not apply to the 
        Airports Authority.
          (2) Consultation.--The Airports Authority shall 
        consult--
                  (A) with the National Capital Planning 
                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) with the National Capital Planning 
                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.--
          (1) High density rule.--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. 93.212 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.
          (2) Annual passenger limitations.--The Federal 
        Aviation Administration air traffic regulation entitled 
        ``Modification of Allocation: Washington National 
        Airport'' (14 C.F.R. 93.124) shall cease to be in 
        effect on the date of the enactment of this title.

SEC. 6010. AUTHORITY TO NEGOTIATE EXTENSION OF LEASE.

  The Secretary and the Airports Authority may at any time 
negotiate an extension of the lease entered into under section 
6005(a).

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.
                     ADDITIONAL VIEWS OF MR. McCAIN

  While the legislation approved by the Committee varies 
greatly from the original version, S.288, as introduced by my 
colleagues, Senator John Warner, Senator Chuck Robb and myself, 
I'm glad we're taking steps to abolish the Board of Review in 
compliance with the judgement of the U.S. Supreme Court.
  I introduced legislation on National and Dulles Airports 
which sought to abolish several of the most egregious examples 
of Congressional interference in the highly competitive, 
deregulated airline industry. The legislation, which I 
introduced with Senator John Warner and Senator Chuck Robb 
would abolish the Metropolitan Washington Airports Authority 
(MWAA) Board of Review; eliminate the Perimeter Rule at 
National Airport (this law imposes a 1,250 mile limitation on 
air travellers beyond which no non-stop flight between National 
and another airport is allowed); and eliminate reserved parking 
spaces for Members of Congress and other top government 
officials.
  I am particularly concerned about the Perimeter Rule, which 
flies in the face of the 1978 legislation authorizing airline 
deregulation. The Perimeter Rule is found in section 6012 of 
the Metropolitan Washington Airports Act of 1986. It prohibits 
nonstop flights between Washington National Airport and cities 
more than 1,250 miles apart. The Perimeter Rule was originally 
devised in the 1960s to limit congestion at National Airport by 
limiting nonstop flights to and from points within 650 miles 
and seven ``grandfather cities'' that were already receiving 
service.
  In the early 1980s, the Federal Aviation Administration 
adopted the Perimeter Rule, but limited flights to within 1,000 
miles. In 1986, the Perimeter Rule was included in the 
Metropolitan Washington Airports Act, but the limit was set at 
1,250 miles. In addition, non-stop service was allowed to both 
Dallas/Ft. Worth and Houston in a compromise orchestrated by 
Representative Jim Wright from Texas. This new Perimeter Rule 
was also supposed to make Dulles Airport a successful air 
transportation hub for longer-range air traffic, because it 
would not have to compete with Washington National Airport.
  An artificial barrier such as the Perimeter Rule is at odds 
with the fundamental principles of airline deregulation. The 
guiding principles of the 1978 Deregulation Act were that the 
marketplace would decide demand. A legislatively imposed 
perimeter rule is yet another example of wrongful Congressional 
interference in the marketplace.
  It is anti-competitive and has no place in a deregulated 
industry. Lifting the Perimeter Rule would increase competition 
and allow the free market to work by removing artificial 
barriers to competition.
  For those who are concerned about noise increasing due to 
larger aircraft at National, I want to make it clear that the 
larger aircraft that would serve National to more distant 
points are, according to the engineers at Boeing and McDonnell 
Douglas, the quietest aircraft in its class and meet or exceed 
all Stage 3 noise requirements set by the FAA. In fact, the 
data provided by the aircraft manufactures and aviation experts 
indicates that these larger planes are substantially quieter 
than older 727 and 737 aircraft with low bypass engines that 
would serve shorter routes within the current perimeter 
restrictions.
  Legislation on National and Dulles airports must be passed 
which will abolish unnecessary perks and end nearly ten years 
of unconstitutional congressional review and oversight. 
National and Dulles Airports are not Congressional airports, 
nor should they be. On November 8, 1994, Americans voted for 
change. As their duly elected officials we should be obliged to 
answer their call to this higher standard, and not repeat the 
mistakes of our predecessors.

                                
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