[House Report 105-153]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-153
_______________________________________________________________________


 
TO CODIFY WITHOUT SUBSTANTIVE CHANGE LAWS RELATED TO TRANSPORTATION AND 
                   TO IMPROVE THE UNITED STATES CODE

                                _______
                                

   June 25, 1997.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


 Mr. Hyde, from the Committee on the Judiciary, submitted the following

                                 REPORT

                        [To accompany H.R. 1086]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 1086) to codify without substantive change laws 
related to transportation and to improve the United States 
Code, having considered the same, reports favorably thereon 
with an amendment in the nature of a substitute and recommends 
that the bill as amended do pass.
    The text of the amendment appears in italic type in the 
reported bill.

                        EXPLANATION OF AMENDMENT

    Inasmuch as H.R. 1086 was ordered reported with a single 
amendment in the nature of a substitute, the contents of this 
report explain that amendment.

                               STATEMENT

    Purpose.--The purpose of the bill is to codify without 
substantive change laws related to transportation and to 
improve the United State Code. Specifically, the bill will 
incorporate in title 49, United States Code, which has been 
enacted into positive law, the provisions of several laws 
related to transportation that were not included in the 
codification of title 49. In the restatement, simple language 
has been substituted for awkward and obsolete terms, and 
superseded, executed, and obsolete statutes have been 
eliminated. The Office of the Law Revision Counsel of the House 
of Representatives has prepared and submitted this bill to the 
Committee as part of the responsibilities of the Office to 
provide revisions in titles of the Code that have been enacted 
into law so that those titles may be kept current.
    Background.--On July 5, 1994, H.R. 1758, a bill to codify 
the balance of title 49, United States Code, into positive law, 
was enacted as Public Law 103-272. Other transportation related 
laws enacted after June 30, 1993, the cutoff date for Public 
Law 103-272, were incorporated in title 49 by H.R. 4778, 
enacted as Public Law 103-429 on October 31, 1994. H.R. 2297, 
enacted into law as Public Law 104-287 on October 11, 1996, 
included in title 49 laws previously not codified and made 
technical changes to the United States Code, including those in 
title 49 that were necessary because of the enactment of the 
ICC Termination Act of 1996 (Public Law 104-88, 109 Stat. 809). 
It also was intended that the Metropolitan Washington Airports 
Act of 1986 (Public Law 99-500, Sec. Sec. 6001-6012, 100 Stat. 
1783-373, Public Law 99-591, Sec. Sec. 6001-6012, 100 Stat. 
3341-376) be included in H.R. 2297 in order to codify those 
provisions as part of title 49. However, because of other 
pending legislation that would affect those provisions, those 
provisions were not included in H.R. 2297. This bill codifies 
those provisions and makes other technical and conforming 
changes.
    Revision notes.--A revision note has been prepared for each 
provision of the bill. The revision notes explain the changes 
made in the source laws. Each note identifies the statutory 
basis or source of the section and explains significant changes 
in, and omissions of, language. When practical, word-for-word 
substitutions of language are identified and explained. 
Standard changes made throughout the revision to achieve 
internal consistency are not explained each time they are made. 
Citations to the United States Code are to title, followed by a 
colon, and ending with the section number. For example, section 
1 of title 1, United States Code, is cited 1:1.
    Standard changes.--Certain standard changes are made 
uniformly throughout the provisions of the bill. The most 
significant are explained in the following paragraphs:
    As far as possible, the statute is stated in the present 
tense and in the active voice. When there is a choice of 2 or 
more words, otherwise of equal legal effect, the more commonly 
understood word is used.
    The word ``shall'' is used in the mandatory and imperative 
sense. The word ``may'' is used in the permissive and 
discretionary sense, as ``is permitted to'' and ``is authorized 
to''. The words ``may not'' are used in a prohibitory sense, as 
``is not authorized to'' and ``is not permitted to''. The words 
``person may not'' mean that no person is required, authorized, 
or permitted to do the act.
    The words ``any part of'' mean ``all or part of'' and ``in 
whole or in part''.
    The word ``includes'' means ``includes but is not limited 
to''.
    The word ``deemed'' is used when a legal fiction, or what 
may in some cases be a legal fiction, is intended. The word 
``is'' is used for statements of fact and legal conclusions.
    The first time a descriptive title is used in a section, 
the complete title is used. Thereafter, in the same section, a 
shorter title is used unless the context requires the complete 
title to be used. For example, ``Secretary of State'' is used 
the first time the title appears in a section. Subsequently, in 
the same section, the title ``Secretary'' is used.
    ``United States Government'' is substituted for ``United 
States'' (when used in referring to the Government), ``Federal 
Government'', and other terms identifying the Government the 
first time the reference appears in a section. Thereafter, in 
the same section, ``Government'' is used unless the context 
requires the complete term to be used to avoid confusion with 
other governments.
    The word ``law'' is substituted for ``Act'' and ``joint 
resolution'' for clarity because the word ``law'' includes Acts 
and joint resolutions.
    The words ``under section ------'' are used instead of 
``pursuant to section ------'' and ``in accordance with section 
------''.
    The word ``such'' is not used as a demonstrative adjective. 
The use of the word ``each'', ``any'', ``every'', or ``all'' is 
confined to instances in which a doubt could arise if the word 
were not used.
    Provisos are not used. An exception or limitation is 
introduced by the words ``except that'' or ``but'' or by 
placing the excepting or limiting provision in a separate 
sentence.
    Substantive change not made.--As in other codification 
bills enacting titles of the United States Code into positive 
law, this bill makes no substantive change in the law. It is 
sometimes feared that mere changes in terminology and style 
will result in changes in substance or impair the precedent 
value of earlier judicial decisions and other interpretations. 
This fear might have some weight if this were the usual kind of 
amendatory legislation in which it can be inferred that a 
change of language is intended to change substance. In a 
codification law, however, the courts uphold the contrary 
presumption: the law is intended to remain substantively 
unchanged. The following authorities affirm this principle:
          Stewart v. Kahn (11 Wall. 493, 502 (1871)).
          Smythe v. Fiske (23 Wall. 374, 382 (1874)).
          McDonald v. Hovey (110 U.S. 619, 628 (1884)).
          United States v. Ryder (110 U.S. 729, 740 (1884)).
          United States v. Sischo (262 U.S. 165, 168 (1923)).
          Fourco Glass Co. v. Transmirra Products Corp. (353 
        U.S. 222, 227 (1957)).
          Finley v. United States (490 U.S. 545, (1989)).
          Trailer Marine Transport Corp. v. Federal Maritime 
        Commission (D.C. Cir., 602 F. 2d 379, 383 (1979)).
          Atchison, Topeka and Santa Fe Railway Co. v. United 
        States (7th Cir., 617 F. 2d 485, 490, 491 (1980)).
          Walsh v. Commonwealth (224 Mass. 239, 112 N.E. 486, 
        487 (1916)).
          State ex rel. Rankin v. Wilbaux County Bank (85 Mont. 
        532, 281 Pac. 341, 344 (1929)).
          In re Sullivan's Estate (38 Ariz. 387, 300 Pac. 193, 
        195 (1931)).
          Sigal v. Wise (114 Conn. 297, 158 Atl. 891, 894 
        (1932)).
          Martin v. Dyer-Kane Co. (113 N.J. Eq. 88, 166 Atl. 
        227, 229 (1933)).
          Norfolk & Portsmouth Bar Ass'n. v. Drewry (161 Va. 
        833, 172 S.E. 282, 285 (1934)).
          Sutherland, Statutory Construction (5th ed., Singer, 
        1994), secs. 28.10, 28.11.

                                HEARINGS

    Because H.R. 1086 is nonsubstantive and involves only 
technical and conforming changes, the Committee did not hold 
any hearings on it.

                        COMMITTEE CONSIDERATION

    At a meeting of the Committee on the Judiciary on June 18, 
1997, a quorum being present, H.R. 1086, as amended, was 
approved by a voice vote and ordered reported.

                         VOTE OF THE COMMITTEE

    During full committee consideration of H.R. 1086, as 
amended, the Committee took no roll call votes.

                             BUDGET EFFECTS

    A. Statement Regarding New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of rule XI of the Rules of the House of 
Representatives is inapplicable because H.R. 1086 does not 
provide new budget authority or an increase in tax 
expenditures.

      B. Cost Estimate Prepared by the Congressional Budget Office

    In compliance with clause 2(l)(3)(C) of rule XI of the 
Rules of the House of Representatives, the Director of the 
Congressional Budget Office has submitted the following letter 
reporting on the bill.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 23, 1997.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Office has prepared 
the enclosed cost estimate for H.R. 1086, a bill to codify 
without substantive change laws related to transportation and 
to improve the United States Code.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Kristen 
Layman, who can be reached at 226-2860.
            Sincerely,

                                           June E. O'Neill, Director.  
    Enclosure.

H.R. 1086--A bill to codify without substantive change laws 
        related to transportation and to improve the United 
        States Code
    H.R. 1086 would codify, into Title 49 of the United States 
Code, existing laws related to transportation which were not 
included in the codification of Title 49, and would refine 
awkward language and eliminate obsolete statutes. CBO estimates 
that enacting the bill would result in no cost to the federal 
government. Enacting H.R. 1086 would not affect direct spending 
or receipts. Therefore, pay-as-you-go procedures would not 
apply to this legislation. The bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act of 1995 and would impose no costs 
on state, local, or tribal governments.
    The CBO staff contact for this estimate is Kristen Layman, 
who can be reached at 226-2860. This estimate was approved by 
Peter H. Fontaine for Paul N. Van de Water, Assistant Director 
for Budget Analysis.

               C. Committee Estimate on Budgetary Effects

    In compliance with clause 7(a) of rule XIII of the Rules of 
the House of Representatives, the following statement is made 
concerning the effects on the budget of H.R. 1086, as reported: 
The Committee agrees with the estimate prepared by the 
Congressional Budget Office, which is attached.

       OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE

          A. Committee Oversight Findings and Recommendations

    With respect to clause 2(l)(3)(A) of rule XI and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on the Judiciary's oversight findings and 
recommendations are incorporated in the descriptive portions of 
this report.

     B. Committee on Government Reform and Oversight Findings and 
                            Recommendations

    With respect to clause 2(l)(3)(D) of rule XI of the Rules 
of the House of Representatives, because the purpose of H.R. 
1086, as amended, is to codify changes in the law without 
making any substantive change in the law, no oversight findings 
or recommendations have been received from the Committee on 
Government Reform and Oversight with respect to the bill.

                 C. Constitutional Authority Statement

    With respect to clause 2(l)(4) of rule XI of the Rules of 
the House of Representatives, the Committee states that the 
Committee's action in reporting the bill is derived from 
Article I of the Constitution, Section 8.

                       Section-by-Section Summary

       section 1--amendment to the internal revenue code of 1986

    This amends section 9503(e)(3) of the Internal Revenue Code 
of 1986 (26 U.S.C. 9503(e)(3)) to make a cross-reference more 
precise and to set out the date of enactment of the Intermodal 
Surface Transportation Efficiency Act of 1991 (Public Law 102-
240, 105 Stat. 1914).

                   section 2--amendments to title 49

                          Section 2(1) and (2)

    These make technical and conforming amendments to the 
analysis for chapter 5.

                              Section 2(3)

    This amends 49:5108(f) to correct an erroneous cross-
reference.

                            Section 2(4)(A)

    This amends 49:5303(c)(1) to correct an erroneous cross-
reference.

                            Section 2(4)(B)

    This amends 49:5303(c)(4)(A) to correct an erroneous cross-
reference.

                            Section 2(4)(C)

    This amends 49:5303(c)(5)(A) to correct an erroneous cross-
reference.

                              Section 2(5)

    This makes a technical and conforming amendment to the 
analysis for chapter 155.

                              Section 2(6)

    This amends 49:11904(a)(2) to correct a grammatical error.

                              Section 2(7)

    This amends 49:11906 to correct an erroneous cross-
reference.

                              Section 2(8)

    This amends 49:13506(a)(5) to correct a grammatical error.

                              Section 2(9)

    This amends 49:13703(a)(2) to correct an erroneous cross-
reference.

                             Section 2(10)

    This amends 49:13905(e)(1) to correct a grammatical error.

                             Section 2(11)

    This amends 49:14123(c)(2)(B) to correct a grammatical 
error.

                             Section 2(12)

    This amends 49:14903(a) to correct a grammatical error.

                             Section 2(13)

    This amends 49:15101(a) to correct a grammatical error.

                             Section 2(14)

    This make a technical and conforming amendment to the 
analysis for chapter 159.

                             Section 2(15)

    This amends 49:15904(c)(1) to correct an erroneous cross-
reference.

                             Section 2(16)

    This amends 49:16101 to redesignate subsection (d) as (c) 
because no subsection (c) was enacted.

                             Section 2(17)

    This amends item 305 of the analysis of subtitle VI to 
conform it to the heading of chapter 305.

                            Section 2(18)(A)

    This amends 49:30305(b)(8), as redesignated by section 
207(b) of the Coast Guard Authorization Act of 1996 (Public Law 
104-324, 110 Stat. 3908), to correct an erroneous cross-
reference.

                            Section 2(18)(B)

    This amends 49:30305(b) to redesignate paragraph (8), as 
redesignated by section 502(b)(1) of the Federal Aviation 
Reauthorization Act of 1996 (Public Law 104-264, 110 Stat. 
3262), as paragraph (9), because section 207(b) of the Coast 
Guard Authorization Act of 1996 (Public Law 104-324, 110 Stat. 
3908), redesignated paragraph (7) as paragraph (8) but did not 
redesignate paragraph (8) as paragraph (9).

                             Section 2(19)

    This amends 49:32706(c) to correct a cross-reference 
necessary because of the restatement of subtitle IV of title 49 
by the ICC Termination Act (Public Law 104-88, 109 Stat. 803).

                             Section 2(20)

    This makes a conforming amendment in the analysis of 
subtitle VII of title 49 necessary because of the restatement 
of the Metropolitan Washington Airports Act of 1986 (Public Law 
99-500, 100 Stat. 1783-373, Public Law 99-591, 100 Stat. 3341-
376) by section 2(26) of this Act as chapter 491 of title 49.

                         Section 2(21) and (22)

    These amend item 41502 in the chapter analysis for chapter 
415 and the catchline for 49:41502 to make a technical and 
conforming amendment necessary because section 308(l) of the 
ICC Termination Act (Public Law 104-88, 109 Stat. 948) struck 
``common'' from the text of 49:41502.

                             Section 2(23)

    This amends 49:41713(b)(4)(B)(ii) to correct a cross-
reference necessary because of the restatement of subtitle IV 
of title 49 by the ICC Termination Act (Public Law 104-88, 109 
Stat. 803).

                             Section 2(24)

    This amends 49:41714(d)(1) to make a conforming cross-
reference necessary because of the restatement of the 
Metropolitan Washington Airports Act of 1986 (Public Law 99-
500, 100 Stat. 1783-373, Public Law 99-591, 100 Stat. 3341-376) 
by section 2(26) of this Act as chapter 491 of title 49.

                             Section 2(25)

    This amends 49:44936(f)(1)(C) to reflect the redesignation 
of 49:30305(b)(7) as 49:30305(b)(8) by section 207(b) of the 
Coast Guard Authorization Act of 1996 (Public Law 104-324, 110 
Stat. 3908).

                             Section 2(26)

                                                  Section 49101                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
49101..................................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6002, 100     
                                                                                  Stat. 1783-373.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6002, 100     
                                                                                  Stat. 3341-376.               
----------------------------------------------------------------------------------------------------------------

    In clause (4), the word ``authority'' is substituted for 
``agency'' for consistency in the revised title and with other 
titles of the United States Code.

                                                  Section 49102                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
49102(a)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6003(a), 100  
                                                                                  Stat. 1783-374.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6003(a), 100  
                                                                                  Stat. 3341-377.               
49102(b)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6003(b), 100  
                                                                                  Stat. 1783-374.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6003(b), 100  
                                                                                  Stat. 3341-377.               
----------------------------------------------------------------------------------------------------------------

    In subsection (b), the words ``and conditions'' are omitted 
as being included in ``terms''.

                                                  Section 49103                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
49103..................................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6004, 100     
                                                                                  Stat. 1783-374.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6004, 100     
                                                                                  Stat. 3341-377.               
----------------------------------------------------------------------------------------------------------------

    In this section, the text of section 6004(1) and (5) of the 
Metropolitan Washington Airports Act of 1986 (Public Law 99-
500, 100 Stat. 1783-374, 1783-375, Public Law 99-591, 100 Stat. 
3341-378) is omitted as surplus because the complete names of 
the Administrator of the Federal Aviation Administration and 
the Secretary of Transportation are used the first time those 
terms appear in a section.
    In clause (1), the words ``an organization within the 
Federal Aviation Administration'' are omitted as surplus.

                                                  Section 49104                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
49104(a)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec. Sec.  6005(a), 
                                                                                  (d), 6007(d)(last sentence),  
                                                                                  100 Stat. 1783-375, 1783-376, 
                                                                                  1783-380.                     
                                                                                 Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec. Sec.  6005(c), 
                                                                                  100 Stat. 1783-376; Oct. 9,   
                                                                                  1996, Pub. L. 104-264, title  
                                                                                  IX, Sec. 902, 110 Stat. 3274. 
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec. Sec.  6005(a), 
                                                                                  (d), 6007(d)(last sentence),  
                                                                                  100 Stat. 3341-378, 3341-379, 
                                                                                  3341-383.                     
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec. Sec.  6005(c), 
                                                                                  100 Stat. 3341-379; Oct. 9,   
                                                                                  1996, Pub. L. 104-264, title  
                                                                                  IX, Sec. 902, 110 Stat. 3274. 
49104(b)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6005(b), 100  
                                                                                  Stat. 1783-375.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6005(b), 100  
                                                                                  Stat. 3341-378.               
49104(c)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6005(e), 100  
                                                                                  Stat. 1783-378.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6005(e), 100  
                                                                                  Stat. 3341-381.               
49104(d)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6010, 100     
                                                                                  Stat. 1783-385.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6010, 100     
                                                                                  Stat. 3341-388.               
----------------------------------------------------------------------------------------------------------------

    In subsection (a), before clause (1), the text of section 
6005(a) and (d) of the Metropolitan Washington Airports Act of 
1986 (Public Law 99-500, 100 Stat. 1783-375, 1783-378, Public 
Law 99-591, 100 Stat. 3341-378, 3341-381) is omitted as 
executed. The words ``conditions and requirements'' are omitted 
as surplus. In clause (5)(B), the words ``(relating to new-
technology aircraft)'' and ``(relating to violations of Federal 
Aviation Administration regulations as Federal misdemeanors)'' 
are omitted as surplus. In clause (5)(C), the words ``after the 
date the lease takes effect'' are omitted as obsolete. In 
clause (6)(A), the words ``(tangible and incorporeal, present 
and executory)'' are omitted as surplus. The words ``The 
Airports Authority must'' are substituted for ``Before the date 
the lease takes effect, the Secretary shall also assure that 
the Airports Authority has agreed to'' to eliminate obsolete 
words. The words ``duties and powers'' are substituted for 
``functions'' for consistency in the revised title and with 
other titles of the United States Code. In clause (7), the 
words ``or places'' are omitted because of 1:1. The words 
``books, accounts . . . reports, files, papers'' are omitted as 
being included in ``reports''. In clause (8), the words ``for 
purposes of section 49106(d) of this title'' are added for 
clarity. In clause (9), before subclause (A), the words 
``Notwithstanding any other provision of law'' are omitted as 
surplus. In clause (11), the words ``and conditions'' are 
omitted as being included in ``terms''.
    In subsection (b), the text of section 6005(b)(2) of the 
Metropolitan Washington Airports Act of 1986 (Public Law 99-
500, 100 Stat. 1783-375, Public Law 99-591, 100 Stat. 3341-378) 
is omitted as executed.

                                                  Section 49105                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
49105(a)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6006(a), 100  
                                                                                  Stat. 1783-378.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6006(a), 100  
                                                                                  Stat. 3341-381.               
49105(b)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6006(b), 100  
                                                                                  Stat. 1783-379.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6006(b), 100  
                                                                                  Stat. 3341-382.               
----------------------------------------------------------------------------------------------------------------



                                                  Section 49106                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
49106(a)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(a), (b), 
                                                                                  100 Stat. 1783-379.           
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(a), (b), 
                                                                                  100 Stat. 3341-382.           
49106(b)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(c), 100  
                                                                                  Stat. 1783-379.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(c), 100  
                                                                                  Stat. 3341-382.               
49106(c)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(e), 100  
                                                                                  Stat. 1783-380; Oct. 9, 1996, 
                                                                                  Pub. L. 104-264, title IX,    
                                                                                  Sec. 903, 110 Stat. 3275.     
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(e), 100  
                                                                                  Stat. 3341-383; Oct. 9, 1996, 
                                                                                  Pub. L. 104-264, title IX,    
                                                                                  Sec. 903, 110 Stat. 3275.     
49106(d)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(d)(1st,  
                                                                                  2d sentences), 100 Stat. 1783-
                                                                                  379.                          
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(d)(1st,  
                                                                                  2d sentences), 100 Stat. 3341-
                                                                                  382.                          
49106(e)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(f), 100  
                                                                                  Stat. 1783-382; Oct. 9, 1996, 
                                                                                  Pub. L. 104-264, title IX,    
                                                                                  Sec. 904(a), 110 Stat. 3276.. 
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(f), 100  
                                                                                  Stat. 3341-385; Oct. 9, 1996, 
                                                                                  Pub. L. 104-264, title IX,    
                                                                                  Sec. 904(a), 110 Stat. 3276.  
49106(f)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(h), 100  
                                                                                  Stat. 1783-382; Dec. 18, 1991,
                                                                                  Pub. L. 102-240, title VII,   
                                                                                  Sec.  7002(e), 105 Stat. 2200;
                                                                                  Oct. 9, 1996, Pub. L. 104-264,
                                                                                  title IX, Sec. 904(b), 110    
                                                                                  Stat. 3276..                  
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(h), 100  
                                                                                  Stat. 3341-385; Dec. 18, 1991,
                                                                                  Pub. L. 102-240, title VII,   
                                                                                  Sec.  7002(e), 105 Stat. 2200;
                                                                                  Oct. 9, 1996, Pub. L. 104-264,
                                                                                  title IX, Sec. 904(b), 110    
                                                                                  Stat. 3276..                  
49106(g)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(g), as   
                                                                                  added Dec. 18, 1991, Pub. L.  
                                                                                  102-240, title VII, Sec.      
                                                                                  7002(h), 105 Stat. 2202; Oct. 
                                                                                  9, 1996, Pub. L. 104-264,     
                                                                                  title IX, Sec. 904(a), 110    
                                                                                  Stat. 3276.                   
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(g), as   
                                                                                  added Dec. 18, 1991, Pub. L.  
                                                                                  102-240, title VII, Sec.      
                                                                                  7002(h), 105 Stat. 2202; Oct. 
                                                                                  9, 1996, Pub. L. 104-264,     
                                                                                  title IX, Sec. 904(a), 110    
                                                                                  Stat. 3276.                   
----------------------------------------------------------------------------------------------------------------

    In subsection (b)(2)(A), the words ``Virginia, the District 
of Columbia'' are substituted for ``either jurisdiction'' for 
clarity.
    In subsection (c)(6)(C), the words ``the limitations 
described in'' are omitted as unnecessary. The word ``until'' 
is substituted for ``for the period beginning on October 1, 
1997, and ending on the first day on which'' to eliminate 
unnecessary words.
    In subsection (d), the words ``The Airports Authority shall 
be subject to a conflict-of-interest provision providing that'' 
are omitted as surplus.
    In subsection (g), the words ``Committee on Transportation 
and Infrastructure'' are substituted for ``Committee on Public 
Works and Transportation'' because of the amendment of clause 
1(q) of Rule X of the Rules of the House of Representatives by 
section 202(a) of H. Res. 6, approved January 4, 1995.

                                                  Section 49107                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
49107(a)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6008(a)-(d),  
                                                                                  (f), 100 Stat. 1783-382, 1783-
                                                                                  383.                          
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6008(a)-(d),  
                                                                                  (f), 100 Stat. 3341-385, 3341-
                                                                                  387.                          
49107(b)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6008(e), 100  
                                                                                  Stat. 1783-383.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6008(e), 100  
                                                                                  Stat. 3341-386.               
49107(c)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6008(g), 100  
                                                                                  Stat. 1783-384.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6008(g), 100  
                                                                                  Stat. 3341-387.               
----------------------------------------------------------------------------------------------------------------

    In subsection (a)(1), the text of section 6008(a), (b)(2d 
and last sentences), (c), (d), and (f) of the Metropolitan 
Washington Airports Act of 1986 (Public Law 99-500, 100 Stat, 
1783-382, 1783-383, Public Law 99-591, 100 Stat. 3341-385, 
3341-386, 3341-387) is omitted as obsolete.
    In subsection (c), the words ``duty or power'' are 
substituted for ``functions'' for consistency in the revised 
title and with other titles of the United States Code.

                                                  Section 49108                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
49108..................................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6007(i), as   
                                                                                  added Oct. 9, 1996, Pub. L.   
                                                                                  104-264, title IX, Sec. 905,  
                                                                                  110 Stat. 3276.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6007(i), as   
                                                                                  added Oct. 9, 1996, Pub. L.   
                                                                                  104-264, title IX, Sec. 905,  
                                                                                  110 Stat. 3276.               
----------------------------------------------------------------------------------------------------------------


                                                  Section 49109                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
49109..................................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6012, 100     
                                                                                  Stat. 1783-385.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6012, 100     
                                                                                  Stat. 3341-388.               
----------------------------------------------------------------------------------------------------------------


                                                  Section 49110                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
49110..................................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6013, as added
                                                                                  Oct. 9, 1996, Pub. L. 104-264,
                                                                                  title IX, Sec. 906, 110 Stat. 
                                                                                  3277.                         
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6013, as added
                                                                                  Oct. 9, 1996, Pub. L. 104-264,
                                                                                  title IX, Sec. 906, 110 Stat. 
                                                                                  3277.                         
----------------------------------------------------------------------------------------------------------------

    The words ``Except as provided by subsection (b)'' and 
``the requirements of'' are omitted as unnecessary.

                                                  Section 49111                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
49111(a)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6009(a), 100  
                                                                                  Stat. 1783-384.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6009(a), 100  
                                                                                  Stat. 3341-387.               
49111(b)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6009(b), 100  
                                                                                  Stat. 1783-384; Oct. 9, 1996, 
                                                                                  Pub. L. 104-264, title IX,    
                                                                                  Sec. 904(c)(1), 110 Stat.     
                                                                                  3276.                         
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6009(b), 100  
                                                                                  Stat. 3341-387; Oct. 9, 1996, 
                                                                                  Pub. L. 104-264, title IX,    
                                                                                  Sec. 904(c)(1), 110 Stat.     
                                                                                  3276.                         
49111(c)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6009(c), 100  
                                                                                  Stat. 1783-384.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6009(c), 100  
                                                                                  Stat. 3341-387.               
49111(d)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6009(d), 100  
                                                                                  Stat. 1783-384.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6009(d), 100  
                                                                                  Stat. 3341-387.               
49111(e)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6009(e), 100  
                                                                                  Stat. 1783-384.               
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6009(e), 100  
                                                                                  Stat. 3341-388.               
----------------------------------------------------------------------------------------------------------------

    In subsection (a)(1), the word ``deemed'' is substituted 
for ``considered'' for consistency in the revised title and 
with other titles of the United States Code.
    In subsection (e), the text of section 6009(e)(2) of the 
Metropolitan Washington Airports Act of 1986 (Public Law 99-
500, 100 Stat. 1783-385, Public Law 99-591, 100 Stat. 3341-388) 
is omitted as executed.

                                                  Section 49112                                                 
----------------------------------------------------------------------------------------------------------------
            Revised Section                        Source (U.S. Code)               Source (Statutes at Large)  
----------------------------------------------------------------------------------------------------------------
49112(a)...............................  (uncodified).                           Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6011, 100     
                                                                                  Stat. 1783-385; Oct. 9, 1996, 
                                                                                  Pub. L. 104-264, title IX,    
                                                                                  Sec. 904(c)(2), 110 Stat.     
                                                                                  3276.                         
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6011, 100     
                                                                                  Stat. 3341-388; Oct. 9, 1996, 
                                                                                  Pub. L. 104-264, title IX,    
                                                                                  Sec. 904(c)(2), 110 Stat.     
                                                                                  3276.                         
49112(b)(1)............................  (uncodified)                            Oct. 18, 1986, Pub. L. 99-500, 
                                                                                  title VI, Sec.  6014, as added
                                                                                  Oct. 9, 1996, Pub. L. 104-264,
                                                                                  title IX, Sec. 907, 110 Stat. 
                                                                                  3277.                         
                                                                                 Oct. 30, 1986, Pub. L. 99-591, 
                                                                                  title VI, Sec.  6014, as added
                                                                                  Oct. 9, 1996, Pub. L. 104-264,
                                                                                  title IX, Sec. 907, 110 Stat. 
                                                                                  3277.                         
49112(b)(2)............................  (uncodified)                            Oct. 9, 1996, Pub. L. 104-264, 
                                                                                  title IX, Sec. 904(d), 110    
                                                                                  Stat. 3276.                   
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the word ``thereby'' is omitted as 
surplus.
    In subsection (b)(1), the words ``the limitations described 
in'' are omitted as unnecessary.

               section 3--technical changes to other laws

    Section 3(a) amends section 333(a)(1) and (2) of the 
Department of Transportation and Related Agencies 
Appropriations Act, 1996 (Public Law 104-50, 109 Stat. 457), as 
of the effective date of that Act, to enable section 333(a)(1) 
and (2) to be executed correctly.
    Section 3(b) amends section 2(c) of the Anti-Car Theft 
Improvements Act of 1996 (Public Law 104-152, 110 Stat. 1384), 
as of the effective date of that Act, to correct a cross-
reference.
    Section 3(c)(1)(A) amends section 123(b)(6) of the Federal 
Aviation Reauthorization Act of 1996 (Public Law 104-264, 110 
Stat. 3219), as of the effective date of that Act, to 
accomplish the intent of section 124(d) of that Act (110 Stat. 
3220).
    Section 3(c)(1)(B) amends section 123 of the Federal 
Aviation Reauthorization Act of 1996 (Public Law 104-264, 110 
Stat. 3219), as of the effective date of that Act, to make a 
conforming amendment in 49:47117(e)(1)(A) that is necessary 
because of the redesignation of 49:47504(c)(1)(C) and (D) as 
49:47504(c)(2)(C) and (D) by section 6(71)(C) of the Act of 
October 31, 1994 (Public Law 103-429, 108 Stat. 4387).
    Section 3(c)(2) repeals section 124(d) of the Federal 
Aviation Reauthorization Act of 1996 (Public Law 104-264, 110 
Stat. 3220), as of the effective date of that Act, because 
section 124(d) cannot be executed because of the prior 
amendment of 49:47117(e)(1)(B) by section 123(b)(6) of that Act 
(110 Stat. 3219).
    Section 3(c)(3) amends section 276 of the Federal Aviation 
Reauthorization Act of 1996 (Public Law 104-264, 110 Stat. 
3247), as of the effective date of that Act, to make a 
conforming amendment in 49:106(g)(1)(A) that is necessary 
because of the redesignation of 49:45303 as 49:45304 and the 
addition of a new 49:45303.
    Section 3(c)(4) repeals sections 502(c) and 1220(b) of the 
Federal Aviation Reauthorization Act of 1996 (Public Law 104-
264, 110 Stat. 3263, 3286), as of the effective date of that 
Act, to enable section 5(77)(A), (B), (E), and (F) of the Act 
of October 11, 1996 (Public Law 104-287, 110 Stat. 3396, 3397) 
to be executed correctly. The result of the amendments made by 
section 5(77)(A), (B), (E), and (F) carries out the intent of 
the amendments made by sections 502(c) and 1220(b). Therefore, 
the repeal of sections 502(c) and 1220(b) will have no effect 
on the state of the law.
    Section 3(d)(1)(A) amends section 5(45)(A) of the Act of 
October 11, 1996 (Public Law 104-287, 110 Stat. 3393), as of 
the effective date of that Act, to enable section 5(45)(A) to 
be executed correctly.
    Section 3(d)(1)(B) amends section 5(69) of the Act of 
October 11, 1996 (Public Law 104-287, 110 Stat. 3395), as of 
the effective date of that Act, to enable section 5(69) to be 
executed correctly.
    Section 3(d)(1)(C) repeals section 5(76) of the Act of 
October 11, 1996 (Public Law 104-287, 110 Stat. 3396), as of 
the effective date of that Act, because section 273(a) of the 
Federal Aviation Reauthorization Act of 1996 (Public Law 104-
264, 110 Stat. 3239) amended 49:45301, thereby making section 
5(76) unnecessary.
    Section 3(d)(1)(D) amends section 5(79) of the Act of 
October 11, 1996 (Public Law 104-287, 110 Stat. 3397), to 
correct an error in the codification enacted by section 1 of 
the Act of July 5, 1994 (Public Law 103-272, 108 Stat. 1231), 
as amended by section 5(79).
    Section 3(d)(1)(E) repeals section 5(84) of the Act of 
October 11, 1996 (Public Law 104-287, 110 Stat. 3397), as of 
the effective date of that Act, because section 147(c)(1)(C) of 
the Federal Aviation Reauthorization Act of 1996 (Public Law 
104-264, 110 Stat. 3223) amended 49:47128, thereby making 
section 5(84) unnecessary.
    Section 3(d)(2)(A) amends section 8(1) of the Act of 
October 11, 1996 (Public Law 104-287, 110 Stat. 3400), as of 
the effective date of that Act, to enable 49:46316(b) to be 
stated correctly as of the effective date of the codification 
enacted by section 1 of the Act of July 5, 1994 (Public Law 
103-272, 108 Stat. 1231).
    Section 3(d)(2)(B) amends section 8 of the Act of October 
11, 1996 (Public Law 104-287, 110 Stat. 3400), as of the 
effective date of that Act, by restating paragraph (2) to 
establish an effective date of September 30, 1998, for the 
amendments made by section 5(81)(B), (82)(A), and (83)(A) of 
that Act. Section 5(81)(B), (82)(A), and (83)(A) make technical 
and conforming amendments to 49:47115, 47117, and 47118. 
However, those sections previously were amended by sections 
122-124 of the Federal Aviation Reauthorization Act of 1996 
(Public Law 104-264, 110 Stat. 3218) which meant that the 
amendments made by Public Law 104-287 were unnecessary. 
However, the amendments made by Public Law 104-264 are 
temporary and expire on September 30, 1998, at which time 
49:47115, 47117, and 47118 will read as if the amendments had 
not been enacted, thereby making the amendments made by Public 
Law 104-287 necessary as of that date.
    Section 3(e) amends the General Aviation Reauthorization 
Act of 1994 (Public Law 103-298, 108 Stat. 1552) to correct 
cross-references necessary because of the codification enacted 
by section 1 of the Act of July 5, 1994 (Public Law 103-272, 
108 Stat. 1231).
    Section 3(f) provides that the amendments made by 
subsections (a)-(d) of this section are to be treated as if 
included in the provisions of the acts to which the amendments 
relate.

            section 4--legislative purpose and construction

    Section 4 of the bill contains a statement of the 
legislative effect in enacting the bill, savings provisions, 
and provisions to assist in interpreting and applying the 
provisions of law enacted by the bill.

                    section 5--repeal of other laws

    Section 5 of the bill relates to the repeal of those 
statutes that are codified and reenacted by the bill, and other 
statutes that are executed, superseded, obsolete, or otherwise 
of no present legal effect.
    Subsection (a) provides that a repeal of a law may not be 
construed as a legislative inference that the provision was or 
was not in effect before its repeal.
    Subsection (b) contains the schedule of laws to be 
repealed. It also preserves rights, duties, and penalties 
incurred, and proceedings begun, before the date of enactment 
of the bill.

                Changes in Existing Law Made by the Bill

    As required by clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill are shown below. Existing law proposed to be omitted is 
enclosed in bold brackets, new matter is printed in italic, and 
existing law in which no change is proposed is shown in roman.

    Section 1. Amendment to Title 26, Internal Revenue Code of 1986

Sec. 9503. Highway Trust Fund

                                 * * *

    (e) Establishment of Mass Transit Account

                                 * * *

          (3) Expenditures from Account
                  Amounts in the Mass Transit Account shall be 
                available, as provided by appropriation Acts, 
                for making capital or capital-related 
                expenditures before October 1, 1997 (including 
                capital expenditures for new projects) in 
                accordance with--
                  (A) section 5338(a)(1) or (b)(1) of title 49, 
                or
                  (B) the Intermodal Surface Transportation 
                Efficiency Act of 1991,
as [such Acts are in effect on the date of the enactment of the 
Intermodal Surface Transportation Efficiency Act of 1991] 
section 5338(a)(1) or (b)(1) and the Intermodal Surface 
Transportation Efficiency Act of 1991 were in effect on 
December 18, 1991.

         Section 2. Amendments to Title 49, United States Code

                      CHAPTER 5--SPECIAL AUTHORITY

                    SUBCHAPTER I--[DUTIES AND] POWERS

                                 * * *

                       SUBCHAPTER I--[AND] POWERS

                                 * * *

Sec. 5108. Registration

                                 * * *

    (f) Availability of Statements.--The Secretary of 
Transportation shall make a registration statement filed under 
subsection (a) of this section available for inspection by any 
person for a fee the Secretary establishes. However, this 
subsection does not require the release of information 
described in section [552(f)] 552(b) of title 5 or otherwise 
protected by law from disclosure to the public.

                                 * * *

Sec. 5303. Metropolitan planning

                                 * * *

    (c) Designating Metropolitan Planning Organizations.--(1) 
To carry out the planning process required by this section  and 
sections 5304-5306 of this title, a metropolitan planning 
organization shall be designated for each urbanized area with a 
population of more than 50,000--

                                 * * *

    (4) A designation is effective until--
          (A) the organization is redesignated under paragraph 
        [(3)] (5) of this subsection; or

                                 * * *

    (5)(A) The chief executive officer and units of general 
local government representing at least 75 percent of the 
affected population (including the central city as defined by 
the Secretary of Transportation) may redesignate by agreement a 
metropolitan planning organization when appropriate to carry 
out this section and sections 5304-5306 of this title.

                                 * * *

                 SUBTITLE IV--INTERSTATE TRANSPORTATION

                                 * * *

                        PART C--PIPELINE CARRIERS

Chapter                                                             Sec.

                                 * * *

      RATES [AND TARIFFS]..........................................15501

                                 * * *

Sec. 11904. Unlawful disclosure of information

    (a) A--

                                 * * *

          (2) [a] person who solicits or knowingly receives,

information described in subsection (b) without the consent of 
the shipper or consignee shall be fined not more than $1,000.

                                 * * *

Sec. 11906. General criminal penalty when specific penalty not provided

    When another criminal penalty is not provided under this 
chapter, a rail carrier providing transportation subject to the 
jurisdiction of the Board under this part, and when that rail 
carrier is a corporation, a director or officer of the 
corporation, or a receiver, trustee, lessee, or person acting 
for or employed by the corporation that, alone or with another 
person, willfully violates this part or an order prescribed 
under this part, shall be fined not more than $5,000. The 
person may be imprisoned for not more than 2 years in addition 
to being fined under this section. A separate violation occurs 
each day a violation of this [title] part continues.

                                 * * *

Sec. 13506. Miscellaneous motor carrier transportation exemptions

    (a) In General.--Neither the Secretary nor the Board has 
jurisdiction under this part over--

                                 * * *

          (5) a motor vehicle controlled and operated by a 
        cooperative association (as defined by section 15(a) of 
        the Agricultural Marketing Act (12 U.S.C. [1141j(a))] 
        1141j(a))) or by a federation of cooperative 
        associations if the federation has no greater power or 
        purposes than a cooperative association, except that if 
        the cooperative association or federation provides 
        transportation for compensation between a place in a 
        State and a place in another State, or between a place 
        in a State and another place in the same State through 
        another State--

                                 * * *

Sec. 13703. Certain collective activities; exemption from antitrust 
                    laws

    (a) Agreements.--

                                 * * *

          (2) Submission of agreement to board; approval.--An 
        agreement entered into under [subsection (a)] paragraph 
        (1) may be submitted by any carrier or carriers that 
        are parties to such agreement to the Board for approval 
        and may be approved by the Board only if it finds that 
        such agreement is in the public interest.

                                 * * *

Sec. 13905. Effective periods of registration

                                 * * *

    (e) Expedited Procedure.--
          (1) Protection of safety.--Without regard to 
        subchapter II of chapter 5 of title 5, the Secretary 
        may suspend the registration of a motor carrier, a 
        freight forwarder, or a broker for failure to comply 
        with safety requirements of the Secretary or the safety 
        fitness requirements pursuant to section 13904(c), 
        13906, or [31144,] 31144 of this title, or an order or 
        regulation of the Secretary prescribed under those 
        sections.

                                 * * *

Sec. 14123. Financial reporting

                                 * * *

    (c) Exemptions.--

                                 * * *

          (2) From public release.--

                                 * * *

                  (B) Procedure.--After a request under 
                subparagraph (A) and notice and opportunity for 
                comment but in no event later than 90 days 
                after the date of such request, the Secretary 
                shall approve such request if the Secretary 
                finds that the exemption requested is necessary 
                to avoid competitive harm and to avoid the 
                disclosure of information that qualifies as a 
                trade secret or privileged or confidential 
                information under section 552(b)(4) of title 5.

                                 * * *

Sec. 14903. Tariff violations

    (a) Civil Penalty for Undercharging and Overcharging.--A 
person that offers, grants, gives, solicits, accepts, or 
receives by any means transportation or service provided for 
property by a carrier subject to jurisdiction under chapter 135 
at a rate different than the rate in effect under section 13702 
is liable to the United States for a civil penalty of not more 
than $100,000 for each violation.

                                 * * *

Sec. 15101. Transportation policy

    (a) In General.--To ensure the development, coordination, 
and preservation of a transportation system that meets the 
transportation needs of the United States, including the 
national defense, it is the policy of the United States 
Government to oversee [of] the modes of transportation and in 
overseeing those modes--

                                 * * *

     CHAPTER 159--ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

    Sec.

                                 * * *

    15904.  Rights and remedies of persons injured by [certain] 
pipeline carriers.

                                 * * *

Sec. 15904. Rights and remedies of persons injured by pipeline carriers

                                 * * *

    (c) Complaints.--
          (1) Filing.--A person may file a complaint with the 
        Board under section [11501(b)] 15901(b) or bring a 
        civil action under subsection (b) to enforce liability 
        against a pipeline carrier providing transportation 
        subject to this part.

                                 * * *

Sec. 16101. General civil penalties

                                 * * *

    [(d)] (c) Venue.--Trial in a civil action under this 
section is in the judicial district in which the carrier has 
its principal operating office.

                                 * * *

             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS

                             PART A--GENERAL

Chapter                                                             Sec.

                                 * * *

      [NATIONAL AUTOMOBILE TITLE INFORMATION SYSTEM] NATIONAL MOTOR 305.
        VEHICLE TITLE INFORMATION SYSTEM...........................30501

                                 * * *

Sec. 30305. Access to Register Information

                                 * * *

    (b) Requests To Obtain Information.--(1) The Chairman of 
the National Transportation Safety Board and the Administrator 
of the Federal Aviation Administration may request the chief 
licensing official of a State to obtain information under 
subsection (a) of this section about an individual who is the 
subject of an accident investigation conducted by the Board or 
the Administrator. The Chairman and the Administrator may 
receive the information.

                                 * * *

    (8) An individual who is seeking employment by an air 
carrier as a pilot may request the chief driver licensing 
official of a State to provide information about the individual 
under [paragraph (2)] subsection (a) of this section to the 
prospective employer of the individual or to the Secretary of 
Transportation. Information may not be obtained from the 
National Driver Register under this subsection if the 
information was entered in the Register more than 5 years 
before the request unless the information is about a revocation 
or suspension still in effect on the date of the request.
    [(8)] (9) A request under this subsection shall be made in 
the form and way the Secretary of Transportation prescribes by 
regulation.

                                 * * *

Sec. 32706. Inspections, investigations, and records

                                 * * *

    (c) Reasonable Compensation.--When the Secretary impounds 
for inspection a motor vehicle (except a motor vehicle subject 
to [subchapter II of chapter 105] subchapter I of chapter 135 
of this title) or motor vehicle equipment under subsection 
(b)(1)(D) of this section, the Secretary shall pay reasonable 
compensation to the owner of the vehicle or equipment if the 
inspection or impoundment results in denial of use, or in 
reduction in value, of the vehicle or equipment.

                                 * * *

                    SUBTITLE VII--AVIATION PROGRAMS

                     PART A--AIR COMMERCE AND SAFETY

Chapter                                                             Sec.

                                 * * *

                           [PART D--RESERVED]

                         PART D--PUBLIC AIRPORTS

      METROPOLITAN WASHINGTON AIRPORTS.............................49101

                                 * * *

                          CHAPTER 415--PRICING

Sec.

                                 * * *

41502.  Establishing joint prices for through routes with other 
  [common] carriers.

                                 * * *

Sec. 41502. Establishing joint prices for through routes with other 
                    [common] carriers

                                 * * *

Sec. 41713. Preemption of authority over prices, routes, and service

                                 * * *

    (b) Preemption.--(1) Except as provided in this subsection, 
a State, political subdivision of a State, or political 
authority of at least 2 States may not enact or enforce a law, 
regulation, or other provision having the force and effect of 
law related to a price, route, or service of an air carrier 
that may provide air transportation under this subpart.

                                 * * *

    (4) Transportation by air carrier or carrier affiliated 
with a direct air carrier.--

                                 * * *

          (B) Matters not covered.--Subparagraph (A)--

                                 * * *

                  (ii) does not apply to the transportation of 
                household goods, as defined in section [10102] 
                13102 of this title.

                                 * * *

Sec. 41714. Availability of slots

                                 * * *

    (d) Special Rules for Washington National Airport.--
          (1) In general.--Notwithstanding sections [6005(c)(5) 
        and 6009(e) of the Metropolitan Washington Airports Act 
        of 1986] 49104(a)(5) and 49111(e) of this title, or any 
        provision of this section, the Secretary may, only 
        under circumstances determined by the Secretary to be 
        exceptional, grant by order to an air carrier currently 
        holding or operating a slot at Washington National 
        Airport an exemption from requirements under subparts K 
        and S of part 93 of title 14, Code of Federal 
        Regulations (pertaining to slots at Washington National 
        Airport), to enable that carrier to provide air 
        transportation with Stage 3 aircraft at Washington 
        National Airport; except that such exemption shall 
        not--

                                 * * *

Sec. 44936. Employment investigations and restrictions

                                 * * *

    (f) Records of Employment of Pilot Applicants.--
          (1) In general.--Before hiring an individual as a 
        pilot, an air carrier shall request and receive the 
        following information:

                                 * * *

                  (C) National driver register records.--In 
                accordance with section [30305(b)(7)] 
                30305(b)(8) of this title, from the chief 
                driver licensing official of a State, 
                information concerning the motor vehicle 
                driving record of the individual.

                                 * * *

Oct. 18, 1986, Pub. L. 99-500, Sec. Sec. 6001-6014, 100 Stat. 1783-373, 
                    Oct. 30, 1986, Pub. L. 99-591, Sec. Sec. 6001-6012, 
                    100 Stat. 3341-376.

              [Title VI--METROPOLITAN WASHINGTON AIRPORTS

SEC. 6001. SHORT TITLE.

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

SEC. 6002. FINDINGS.

    The Congress finds that--
          (1) the two federally owned airports in the 
        metropolitan area of Washington, District of Columbia, 
        constitute an important and growing part of the 
        commerce, transportation, and economic patterns of the 
        Commonwealth of Virginia, the District of Columbia, and 
        the surrounding region;
          (2) Baltimore/Washington International Airport, owned 
        and operated by the State of Maryland, is an air 
        transportation facility that provides service to the 
        greater Metropolitan Washington region together with 
        the two federally owned airports, and timely Federal-
        aid grants to Baltimore/Washington International 
        Airport will provide additional capacity to meet the 
        growing air traffic needs and to compete with other 
        airports on a fair basis;
          (3) the Federal Government has a continuing but 
        limited interest in the operation of the two federally 
        owned airports, which serve the travel and cargo needs 
        of the entire Metropolitan Washington region as well as 
        the District of Columbia as the national seat of 
        government;
          (4) operation of the Metropolitan Washington Airports 
        by an independent local agency will facilitate timely 
        improvements at both airports to meet the growing 
        demand of interstate air transportation occasioned by 
        the Airline Deregulation Act of 1978 (Public Law 95-
        504; 92 Stat. 1705);
          (5) all other major air carrier airports in the 
        United States are operated by public entities at the 
        State, regional, or local level;
          (6) any change in status of the two airports must 
        take into account the interest of nearby communities, 
        the traveling public, air carriers, general aviation, 
        airport employees, and other interested groups, as well 
        as the interests of the Federal Government and State 
        governments involved;
          (7) in recognition of a perceived limited need for a 
        Federal role in the management of these airports and 
        the growing local interest, the Secretary has 
        recommended a transfer of authority from the Federal to 
        the local/State level that is consistent with the 
        management of major airports elsewhere in the Nation;
          (8) an operating authority with representation from 
        local jurisdictions, similar to authorities at all 
        major airports in the United States, will improve 
        communications with local officials and concerned 
        residents regarding noise at the Metropolitan 
        Washington Airports;
          (9) a commission of congressional, State, and local 
        officials and aviation representatives has recommended 
        to the Secretary that transfer of the federally owned 
        airports be as a unit to an independent authority to be 
        created by the Commonwealth of Virginia and the 
        District of Columbia; and
          (10) the Federal interest in these airports can be 
        provided through a lease mechanism which provides for 
        local control and operation.

SEC. 6003. PURPOSE.

    (a) In General.--It is therefore declared to be the purpose 
of the Congress in this title to authorize the transfer of 
operating responsibility under long-term lease of the two 
Metropolitan Washington Airport properties as a unit, including 
access highways and other related facilities, to a properly 
constituted independent airport authority created by the 
Commonwealth of Virginia and the District of Columbia, in order 
to achieve local control, management, operation, and 
development of these important transportation assets.
    (b) Inclusion of BWI Not Precluded.--Nothing in this title 
shall be construed to prohibit the Airports Authority and the 
State of Maryland from entering into an agreement whereby 
Baltimore/Washington International Airport may be made part of 
a regional airports authority, subject to terms and conditions 
agreed to by the Airports Authority, the Secretary, the 
Commonwealth of Virginia, the District of Columbia, and the 
State of Maryland.

SEC. 6004. DEFINITIONS.

    In this title--
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the Federal Aviation 
        Administration.
          (2) Airports authority.--The term ``Airports 
        Authority'' means the Metropolitan Washington Airports 
        Authority, a public body to be created by the 
        Commonwealth of Virginia and the District of Columbia 
        consistent with the requirements of section 6007.
          (3) Employees.--The term ``employees'' means all 
        permanent Federal Aviation Administration personnel 
        employed on the date the lease under section 6005 takes 
        effect by the Metropolitan Washington Airports, an 
        organization within the Federal Aviation 
        Administration.
          (4) Metropolitan washington airports.--The term 
        ``Metropolitan Washington Airports'' means Washington 
        National Airport and Washington Dulles International 
        Airport.
          (5) Secretary.--The term ``Secretary'' means the 
        Secretary of Transportation.
          (6) Washington dulles international airport.--The 
        term ``Washington Dulles International Airport'' means 
        the airport constructed under the Act entitled ``An Act 
        to authorize the construction, protection, operation, 
        and maintenance of a public airport on or in the 
        vicinity of the District of Columbia'', approved 
        September 7, 1950 (64 Stat. 770), and includes the 
        Dulles Airport Access Highway and Right-of-way, 
        including the extension between the Interstate Routes 
        I-495 and I-66.
          (7) Washington national airport.--The term 
        ``Washington National Airport'' means the airport 
        described in the Act entitled ``An Act to provide for 
        the administration of the Washington National Airport, 
        and for other purposes'', approved June 29, 1940 (54 
        Stat. 686).

SEC. 6005. LEASE OF METROPOLITAN WASHINGTON AIRPORTS.

    (a) Authority To Enter Into Lease.--The Secretary is 
authorized to enter into a lease of the Metropolitan Washington 
Airports with the Airports Authority for a 50-year term and to 
enter into any related agreement necessary for the transfer of 
authority and property to the Airports Authority. Authority to 
enter into a lease and agreement under this section shall lapse 
two years after the date of enactment of this title.
    (b) Payments.--
          (1) Lease payments.--The lease shall provide for the 
        Airports Authority to pay to the general fund of the 
        Treasury annually an amount, computed using the GNP 
        Price Deflator, to equal $3,000,000 in 1987 dollars. 
        The Secretary and the Airports Authority may 
        renegotiate the level of lease payments attributable to 
        inflation costs every ten years.
          (2) Retirement obligations.--
                  (A) Discontinued service.--Not later than one 
                year after the lease takes effect, the Airports 
                Authority shall pay to the Treasury of the 
                United States, to be deposited to the credit of 
                the Civil Service Retirement and Disability 
                Fund, an amount determined by the Office of 
                Personnel Management to represent the actual 
                added costs incurred by the Fund due to 
                discontinued service retirement under section 
                8336(d)(1) of title 5, United States Code, of 
                employees who elect not to transfer to the 
                Airports Authority.
                  (B) Unfunded liability.--Not later than one 
                year after the lease takes effect, the Airports 
                Authority shall pay to the Treasury of the 
                United States, to be deposited to the credit of 
                the Civil Service Retirement and Disability 
                Fund, an amount determined by the Office of 
                Personnel Management to represent the present 
                value of the difference between (i) the future 
                cost of benefits payable from the Fund and due 
                the employees covered under section 6008(e) 
                that are attributable to the period of 
                employment following the date the lease takes 
                effect, and (ii) the contributions made by the 
                employees and the Airports Authority under 
                section 6008(e). In determining the amount due, 
                the Office of Personnel Management shall take 
                into consideration the actual interest such 
                amount can be expected to earn when invested in 
                the Treasury of the United States.
    (c) Minimum Terms and Conditions.--The Airports Authority 
shall agree, at a minimum, to the following conditions and 
requirements in the lease:
          (1) Operation of airports as a unit.--The Airports 
        Authority shall operate, maintain, protect, promote, 
        and develop the Metropolitan Washington Airports as a 
        unit and as primary airports serving the Metropolitan 
        Washington area.
          (2) 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.
          (3) AIP requirements.--The Airports Authority shall 
        be subject to the requirements of section 511(a) of the 
        Airport and Airway Improvement Act of 1982 and the 
        assurances and conditions required of grant recipients 
        under such Act as of the date the lease takes effect. 
        Notwithstanding section 511(a)(12) of such Act, all 
        revenues generated by the Metropolitan Washington 
        Airports shall be expended for the capital and 
        operating costs of such airports.
          (4) Contracts.--In acquiring by contract supplies or 
        services for an amount estimated to be in excess of 
        $200,000, or awarding concession contracts, the 
        Airports Authority shall obtain, to the maximum extent 
        practicable, full and open competition through the use 
        of published competitive procedures. By a vote of seven 
        members, the Airports Authority may grant exceptions to 
        the requirements of this paragraph.
          (5) Continuation of regulations.--
                  (A) In general.--Except as provided in 
                subparagraph (B), all regulations of the 
                Metropolitan Washington Airports (14 C.F.R. 
                part 159) shall become regulations of the 
                Airports Authority on the date the lease takes 
                effect and shall remain in effect until 
                modified or revoked by the Airports Authority 
                in accordance with procedures of the Airports 
                Authority.
                  (B) Exceptions.--The following regulations 
                shall cease to be in effect on the date the 
                lease takes effect:
                          (i) section 159.59(a) of title 14, 
                        Code of Federal Regulations (relating 
                        to new-technology aircraft); and
                          (ii) section 159.191 of title 14, 
                        Code of Federal Regulations (relating 
                        to violations of Federal Aviation 
                        Administration regulations as Federal 
                        misdemeanors).
                  (C) Operations.--The Airports Authority may 
                not increase or decrease the number of 
                instrument flight rule takeoffs and landings 
                authorized by the High Density Rule (14 C.F.R. 
                93.121 et seq.) at Washington National Airport 
                on the date of the enactment of this Act, and 
                may not impose a limitation after the date the 
                lease takes effect on the number of passengers 
                taking off or landing at Washington National 
                Airport.
          (6) Transfer of rights, liabilities, and 
        obligations.--
                  (A) In general.--Except as specified in 
                subparagraph (B) of this paragraph, the 
                Airports Authority shall assume all rights, 
                liabilities, and obligations (tangible and 
                incorporeal, present and executory) of the 
                Metropolitan Washington Airports on the date 
                the lease takes effect, including leases, 
                permits, licenses, contracts, agreements, 
                claims, tariffs, accounts receivable, accounts 
                payable, and litigation relating to such rights 
                and obligations, regardless whether judgment 
                has been entered, damages awarded, or appeal 
                taken. Before the date the lease takes effect, 
                the Secretary shall also assure that the 
                Airports Authority has agreed to cooperate in 
                allowing representatives of the Attorney 
                General and the Secretary adequate access to 
                employees and records when needed for the 
                performance of functions related to the period 
                before the effectiveness of the lease. The 
                Airports Authority shall assume responsibility 
                for the Federal Aviation Administration's 
                Master Plans for the Metropolitan Washington 
                Airports.
                  (B) Exceptions.--The procedure for disputes 
                resolution contained in any contract entered 
                into on behalf of the United States before the 
                date the lease takes effect shall continue to 
                govern the performance of the contract unless 
                otherwise agreed to by the parties to the 
                contract. Claims for monetary damages founded 
                in tort, by or against the United States as the 
                owner and operator of the Metropolitan 
                Washington Airports, arising before the date 
                the lease takes effect shall be adjudicated as 
                if the lease had not been entered into.
                  (C) Payments into employees' compensation 
                fund.--The Federal Aviation Administration 
                shall remain responsible for reimbursing the 
                Employees' Compensation Fund, pursuant to 
                section 8147 of title 5, United States Code, 
                for compensation paid or payable after the date 
                the lease takes effect in accordance with 
                chapter 81 of title 5, United States Code, with 
                regard to any injury, disability, or death due 
                to events arising before such date, whether or 
                not a claim has been filed or is final on such 
                date.
                  (D) Collective bargaining rights.--The 
                Airports Authority shall continue all 
                collective bargaining rights enjoyed before the 
                date the lease takes effect by employees of the 
                Metropolitan Washington Airports.
          (7) Audits.--The Comptroller General of the United 
        States may conduct periodic audits of the activities 
        and transactions of the Airports Authority in 
        accordance with generally accepted management 
        principles, and under such rules and regulations as may 
        be prescribed by the Comptroller General. Any such 
        audit shall be conducted at such place or places as the 
        Comptroller General may deem appropriate. All books, 
        accounts, records, reports, files, papers, and property 
        of the Airports Authority shall remain in possession 
        and custody of the Airports Authority.
          (8) Code of ethics.--The Airports Authority shall 
        develop a code of ethics and financial disclosure in 
        order to assure the integrity of all decisions made by 
        its board of directors and employees.
          (9) Restriction on use of certain revenues.--
        Notwithstanding any other provision of law, no landing 
        fee imposed for operating an aircraft or revenues 
        derived from parking automobiles--
                  (A) at Washington Dulles International 
                Airport may be used for maintenance or 
                operating expenses (excluding debt service, 
                depreciation, and amortization) at Washington 
                National Airport; or
                  (B) at Washington National Airport may be 
                used for maintenance or operating expenses 
                (excluding debt service, depreciation, and 
                amortization) at Washington Dulles 
                International Airport.
          (10) General aviation fees.--The Airports Authority 
        shall compute the fees and charges for landing general 
        aviation aircraft at the Metropolitan Washington 
        Airports on the same basis as the landing fees for air 
        carrier aircraft, except that the Airports Authority 
        may require a minimum landing fee not in excess of the 
        landing fee for aircraft weighing 12,500 pounds.
          (11) Other terms.--The Secretary shall include such 
        other terms and conditions applicable to the parties to 
        the lease as are consistent with and carry out the 
        provisions of this title.
    (d) Submission to Congress.--The Secretary shall submit the 
lease entered into under this section to Congress. The lease 
may not take effect before the passage of (1) 30 days, or (2) 
10 days in which either House of Congress is in session, 
whichever occurs later.
    (e) Enforcement of Lease Provisions.--The district courts 
of the United States shall have jurisdiction to compel the 
Airports Authority and its officers and employees to comply 
with the terms of the lease. An action may be brought on behalf 
of the United States by the Attorney General, or by any 
aggrieved party.

SEC. 6006. CAPITAL IMPROVEMENTS, CONSTRUCTION, AND REHABILITATION.

    (a) Improvements.--It is the sense of the Congress that the 
Airports Authority should--
          (1) pursue the improvement, construction, and 
        rehabilitation of the facilities at Washington Dulles 
        International Airport and Washington National Airport 
        simultaneously; and
          (2) to the extent practicable, cause the improvement, 
        construction, and rehabilitation proposed by the 
        Secretary to be completed at both of such Airports 
        within 5 years after the earliest date on which the 
        Airports Authority issues bonds under the authority 
        required by section 6007 of this title for any such 
        improvement, construction, or rehabilitation.
    (b) Secretary's Assistance.--The Secretary shall assist the 
three airports serving the Washington, D.C. metropolitan area 
in planning for operational and capital improvements at those 
airports and shall accelerate consideration of applications for 
Federal financial assistance by whichever of the three airports 
is most in need of increasing airside capacity.

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 serving 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 
        purchase, 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.--
          (1) Appointment.--The Airports Authority shall be 
        governed by a board of directors of 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
                  (D) three 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 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;
                  (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, 1 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 2 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.
          (7) Deadline for presidential appointments.--
                  (A) Deadline.--The members to be appointed to 
                the board by the President under section 
                6007(e)(1)(D) shall be appointed on or before 
                September 30, 1997.
                  (B) Applicability of limitations.--If the 
                deadline of subparagraph (A) is not met, the 
                Secretary and the Airports Authority shall be 
                subject to the limitations described in 
                subsection (i) for the period beginning on 
                October 1, 1997, and ending on the first day on 
                which all of the members referred to in 
                subparagraph (A) have been appointed.
          (8) Removal of presidential appointees.--A member of 
        the board appointed by the President shall be subject 
        to removal by the President for cause.
          (9) Required number of votes.--Eight votes shall be 
        required to approve bond issues and the annual budget.
    (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.
    (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.
      (h) Staff.--To assist the Secretary in carrying out this 
Act, the Secretary may hire two staff persons to be paid by the 
Airports Authority. The Airports Authority shall provide such 
clerical and support staff as the Secretary may require.
      (i) Limitations.--After October 1, 2001--
          (1) the Secretary may not approve an application of 
        the Airports Authority for an airport development 
        project grant under subchapter I of chapter 471 of 
        title 49, United States Code; and
          (2) the Secretary may not approve an application of 
        the Airports Authority to impose a passenger facility 
        fee under section 40117 of such title.

SEC. 6008. EMPLOYEES AT METROPOLITAN WASHINGTON AIRPORTS.

    (a) Employee Protection.--Not later than the date the lease 
under section 6005 takes effect, the Secretary shall ensure 
that the Airports Authority has established arrangements to 
protect the employment interests of employees during the 5-year 
period beginning on such date. These arrangements shall include 
provisions--
          (1) which ensure that the Airports Authority will 
        adopt labor agreements in accordance with the 
        provisions of subsection (b) of this section;
          (2) for the transfer and retention of all employees 
        who agree to transfer to the Airports Authority in 
        their same positions for the 5-year period commencing 
        on the date the lease under section 6005 takes effect 
        except in cases of reassignment, separation for cause, 
        resignation, or retirement;
          (3) for the payment by the Airports Authority of 
        basic and premium pay to transferred employees, except 
        in cases of separation for cause, resignation, or 
        retirement, for 5 years commencing on the date the 
        lease takes effect at or above the rates of pay in 
        effect for such employees on such date;
          (4) for credit during the 5-year period commencing on 
        the date the lease takes effect for accrued annual and 
        sick leave and seniority rights which have been accrued 
        during the period of Federal employment by transferred 
        employees retained by the Airports Authority; and
          (5) for an offering of not less than one life 
        insurance and three health insurance programs for 
        transferred employees retained by the Airports 
        Authority during the 5-year period beginning on the 
        date the lease takes effect which are reasonably 
        comparable with respect to employee premium cost and 
        coverage to the Federal health and life insurance 
        programs available to employees on the day before such 
        date.
    (b) Labor Agreements.--
          (1) Adoption.--The Airports Authority shall adopt all 
        labor agreements which are in effect on the date the 
        lease under section 6005 takes effect. Such agreements 
        shall continue in effect for the 5-year period 
        commencing on such date, unless the agreement provides 
        for a shorter duration or the parties agree to the 
        contrary before the expiration of that 5-year period. 
        Such agreements shall be renegotiated during the 5-year 
        period, unless the parties agree otherwise. Any labor-
        management negotiation impasse declared before the date 
        the lease takes effect shall be settled in accordance 
        with chapter 71 of title 5, United States Code.
          (2) Continuation.--The arrangements made pursuant to 
        this section shall assure, during the 50-year lease 
        term, the continuation of all collective bargaining 
        rights enjoyed by transferred employees retained by the 
        Airports Authority.
    (c) Rights of Terminated Employees.--Any transferred 
employee whose employment with the Airports Authority is 
terminated during the 5-year period beginning on the date the 
lease under section 6005 takes effect shall be entitled, as a 
condition of any lease entered into in accordance with section 
6005 of this title, to rights and benefits to be provided by 
the Airports Authority that are similar to those such employee 
would have had under Federal law if termination had occurred 
immediately before such date.
    (d) Annual and Sick Leave.--Any employee who transfers to 
the Airports Authority under this section shall not be entitled 
to lump-sum payment for unused annual leave under section 5551 
of title 5, United States Code, but shall be credited by the 
Airports Authority with the unused annual leave balance on the 
date the lease under section 6005 takes effect, along with any 
unused sick leave balance on such date. During the 5-year 
period beginning on such date, annual and sick leave shall be 
earned at the same rates permitted on the day before such date, 
and observed official holidays shall be the same as those 
specified in section 6103 of title 5, United States Code.
    (e) Civil Service Retirement.--Any Federal employee who 
transfers to the Airports Authority and who on the day before 
the date the lease under section 6005 takes effect is subject 
to subchapter III of chapter 83 of title 5, United States Code, 
or chapter 84 of such title shall, so long as continually 
employed by the Airports Authority without a break in service, 
continue to be subject to such subchapter or chapter, as the 
case may be. Employment by the Airports Authority without a 
break in continuity of service shall be considered to be 
employment by the United States Government for purposes of such 
subchapter and chapter. The Airports Authority shall be the 
employing agency for purposes of such subchapter and chapter 
and shall contribute to the Civil Service Retirement and 
Disability Fund such sums as are required by such subchapter 
and chapter.
    (f) Separated Employees.--An employee who does not transfer 
to the Airports Authority and who does not otherwise remain a 
Federal employee shall be entitled to all of the rights and 
benefits available under Federal law for separated employees, 
except that severance pay shall not be payable to an employee 
who does not accept an offer of employment from the Airports 
Authority of work substantially similar to that performed for 
the Federal Government.
    (g) Access to Records.--The Airports Authority shall allow 
representatives of the Secretary adequate access to employees 
and employee records of the Airports Authority when needed for 
the performance of functions related to the period before the 
date the lease under section 6005 takes effect. The Secretary 
shall provide the Airports Authority access to employee records 
of transferring employees for appropriate purposes.

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 App. U.S.C. 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.
    (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. 93.121 et seq.) at Washington 
        National Airport on October 18, 1986, 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.

    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. 6012. NONSTOP FLIGHTS.

    An air carrier may not operate an aircraft nonstop in air 
transportation between Washington National Airport and another 
airport that is more than 1,250 statute miles away from 
Washington National Airport.

SEC. 6013. USE OF DULLES AIRPORT ACCESS HIGHWAY.

    (a) Restrictions.--Except as provided by subsection (b), 
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. 6014. EFFECT OF JUDICIAL ORDER.

    If any provision of the Metropolitan Washington Airports 
Amendments Act of 1996 or the amendments made by such Act (or 
the application of that provision to any person, circumstance, 
or venue) is held invalid by a judicial order, on the day after 
the date of the issuance of such order, and thereafter, the 
Secretary of Transportation and the Metropolitan Washington 
Airports Authority shall be subject to the limitations 
described in section 6007(i) of this Act.]

                                 * * *

Oct. 9, 1996, Pub. L. 104-264, Sec. 904(d), 110 Stat. 3276.

               TITLE IX--METROPOLITAN WASHINGTON AIRPORTS

                                 * * *

SEC. 904. TERMINATION OF BOARD OF REVIEW.

                                 * * *

    [(d) Protection of Certain Actions.--Actions taken by the 
Metropolitan Washington Airports Authority and required to be 
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.]

                        PART D--PUBLIC AIRPORTS

             CHAPTER 491--METROPOLITAN WASHINGTON AIRPORTS

Sec.
49101.  Findings.
49102.  Purpose.
49103.  Definitions.
49104.  Lease of Metropolitan Washington Airports.
49105.  Capital improvements, construction, and rehabilitation.
49106.  Metropolitan Washington Airports Authority.
49107.  Federal employees at Metropolitan Washington Airports.
49108.  Limitations.
49109.  Nonstop flights.
49110.  Use of Dulles Airport Access Highway.
49111.  Relationship to and effect of other laws.
49112.  Separability and effect of judicial order.

 49101. Findings

    Congress finds that--
          (1) the 2 federally owned airports in the 
        metropolitan area of the District of Columbia 
        constitute an important and growing part of the 
        commerce, transportation, and economic patterns of 
        Virginia, the District of Columbia, and the surrounding 
        region;
          (2) Baltimore/Washington International Airport, owned 
        and operated by Maryland, is an air transportation 
        facility that provides service to the greater 
        Metropolitan Washington region together with the 2 
        federally owned airports, and timely Federal-aid grants 
        to Baltimore/Washington International Airport will 
        provide additional capacity to meet the growing air 
        traffic needs and to compete with other airports on a 
        fair basis;
          (3) the United States Government has a continuing but 
        limited interest in the operation of the 2 federally 
        owned airports, which serve the travel and cargo needs 
        of the entire Metropolitan Washington region as well as 
        the District of Columbia as the national seat of 
        government;
          (4) operation of the Metropolitan Washington Airports 
        by an independent local authority will facilitate 
        timely improvements at both airports to meet the 
        growing demand of interstate air transportation 
        occasioned by the Airline Deregulation Act of 1978 
        (Public Law 95-504; 92 Stat. 1705);
          (5) all other major air carrier airports in the 
        United States are operated by public entities at the 
        State, regional, or local level;
          (6) any change in status of the 2 airports must take 
        into account the interest of nearby communities, the 
        traveling public, air carriers, general aviation, 
        airport employees, and other interested groups, as well 
        as the interests of the United States Government and 
        State governments involved;
          (7) in recognition of a perceived limited need for a 
        Federal role in the management of these airports and 
        the growing local interest, the Secretary of 
        Transportation has recommended a transfer of authority 
        from the Federal to the local/State level that is 
        consistent with the management of major airports 
        elsewhere in the United States;
          (8) an operating authority with representation from 
        local jurisdictions, similar to authorities at all 
        major airports in the United States, will improve 
        communications with local officials and concerned 
        residents regarding noise at the Metropolitan 
        Washington Airports;
          (9) a commission of congressional, State, and local 
        officials and aviation representatives has recommended 
        to the Secretary that transfer of the federally owned 
        airports be as a unit to an independent authority to be 
        created by Virginia and the District of Columbia; and
          (10) the Federal interest in these airports can be 
        provided through a lease mechanism which provides for 
        local control and operation.

 49102. Purpose

    (a) General.--The purpose of this chapter is to authorize 
the transfer of operating responsibility under long-term lease 
of the 2 Metropolitan Washington Airport properties as a unit, 
including access highways and other related facilities, to a 
properly constituted independent airport authority created by 
Virginia and the District of Columbia, in order to achieve 
local control, management, operation, and development of these 
important transportation assets.
    (b) Inclusion of Baltimore/Washington International Airport 
Not Precluded.--This chapter does not prohibit the Airports 
Authority and Maryland from making an agreement to make 
Baltimore/Washington International Airport part of a regional 
airports authority, subject to terms agreed to by the Airports 
Authority, the Secretary of Transportation, Virginia, the 
District of Columbia, and Maryland.

 49103. Definitions

    In this chapter--
          (1) ``Airports Authority'' means the Metropolitan 
        Washington Airports Authority, a public authority 
        created by Virginia and the District of Columbia 
        consistent with the requirements of section 49106 of 
        this title.
          (2) ``employee'' means any permanent Federal Aviation 
        Administration personnel employed by the Metropolitan 
        Washington Airports on June 7, 1987.
          (3) ``Metropolitan Washington Airports'' means 
        Washington National Airport and Washington Dulles 
        International Airport.
          (4) ``Washington Dulles International Airport'' means 
        the airport constructed under the Act of September 7, 
        1950 (ch. 905, 64 Stat. 770), and includes the Dulles 
        Airport Access Highway and Right-of-way, including the 
        extension between Interstate Routes I-495 and I-66.
          (5) ``Washington National Airport'' means the airport 
        described in the Act of June 29, 1940 (ch. 444, 54 
        Stat. 686).

 49104. Lease of Metropolitan Washington Airports

    (a) General.--The lease between the Secretary of 
Transportation and the Metropolitan Washington Airports 
Authority under section 6005(a) of the Metropolitan Washington 
Airports Act of 1986 (Public Law 99-500, 100 Stat. 1783-375, 
Public Law 99-591, 100 Stat. 3341-378), for the Metropolitan 
Washington Airports must provide during its 50-year term for at 
least the following:
          (1) The Airports Authority shall operate, maintain, 
        protect, promote, and develop the Metropolitan 
        Washington Airports as a unit and as primary airports 
        serving the metropolitan Washington area.
          (2)(A) In this paragraph, `airport purposes' means a 
        use of property interests (except a sale) for--
                  (i) aviation business or activities;
                  (ii) activities necessary or appropriate to 
                serve passengers or cargo in air commerce; or
                  (iii) nonprofit, public use facilities that 
                are not inconsistent with the needs of 
                aviation.
          (B) During the period of the lease, the real property 
        constituting the Metropolitan Washington Airports shall 
        be used only for airport purposes.
          (C) If the Secretary decides that any part of the 
        real property leased to the Airports Authority under 
        this chapter is used for other than airport purposes, 
        the Secretary shall--
                  (i) direct that the Airports Authority take 
                appropriate measures to have that part of the 
                property be used for airport purposes; and
                  (ii) retake possession of the property if the 
                Airports Authority fails to have that part of 
                the property be used for airport purposes 
                within a reasonable period of time, as the 
                Secretary decides.
          (3) The Airports Authority is subject to section 
        47107(a)-(c) and (e) of this title and to the 
        assurances and conditions required of grant recipients 
        under the Airport and Airway Improvement Act of 1982 
        (Public Law 97-248, 96 Stat. 671) as in effect on June 
        7, 1987. Notwithstanding section 47107(b) of this 
        title, all revenues generated by the Metropolitan 
        Washington Airports shall be expended for the capital 
        and operating costs of the Metropolitan Washington 
        Airports.
          (4) In acquiring by contract supplies or services for 
        an amount estimated to be more than $200,000, or 
        awarding concession contracts, the Airports Authority 
        to the maximum extent practicable shall obtain complete 
        and open competition through the use of published 
        competitive procedures. By a vote of 7 members, the 
        Airports Authority may grant exceptions to the 
        requirements of this paragraph.
          (5)(A) Except as provided in subparagraph (B) of this 
        paragraph, all regulations of the Metropolitan 
        Washington Airports (14 C.F.R. part 159) become 
        regulations of the Airports Authority as of June 7, 
        1987, and remain in effect until modified or revoked by 
        the Airports Authority under procedures of the Airports 
        Authority.
          (B) Sections 159.59(a) and 159.191 of title 14, Code 
        of Federal Regulations, do not become regulations of 
        the Airports Authority.
          (C) The Airports Authority may not increase or 
        decrease the number of instrument flight rule takeoffs 
        and landings authorized by the High Density Rule (14 
        C.F.R. 93.121 et seq.) at Washington National Airport 
        on October 18, 1986, and may not impose a limitation on 
        the number of passengers taking off or landing at 
        Washington National Airport.
          (6)(A) Except as specified in subparagraph (B) of 
        this paragraph, the Airports Authority shall assume all 
        rights, liabilities, and obligations of the 
        Metropolitan Washington Airports on June 7, 1987, 
        including leases, permits, licenses, contracts, 
        agreements, claims, tariffs, accounts receivable, 
        accounts payable, and litigation related to those 
        rights and obligations, regardless whether judgment has 
        been entered, damages awarded, or appeal taken. The 
        Airports Authority must cooperate in allowing 
        representatives of the Attorney General and the 
        Secretary adequate access to employees and records when 
        needed for the performance of duties and powers related 
        to the period before June 7, 1987. The Airports 
        Authority shall assume responsibility for the Federal 
        Aviation Administration's Master Plans for the 
        Metropolitan Washington Airports.
          (B) The procedure for disputes resolution contained 
        in any contract entered into on behalf of the United 
        States Government before June 7, 1987, continues to 
        govern the performance of the contract unless otherwise 
        agreed to by the parties to the contract. Claims for 
        monetary damages founded in tort, by or against the 
        Government as the owner and operator of the 
        Metropolitan Washington Airports, arising before June 
        7, 1987, shall be adjudicated as if the lease had not 
        been entered into.
          (C) The Administration is responsible for reimbursing 
        the Employees' Compensation Fund, as provided in 
        section 8147 of title 5, for compensation paid or 
        payable after June 7, 1987, in accordance with chapter 
        81 of title 5 for any injury, disability, or death due 
        to events arising before June 7, 1987, whether or not a 
        claim was filed or was final on that date.
          (D) The Airports Authority shall continue all 
        collective bargaining rights enjoyed by employees of 
        the Metropolitan Washington Airports before June 7, 
        1987.
          (7) The Comptroller General may conduct periodic 
        audits of the activities and transactions of the 
        Airports Authority in accordance with generally 
        accepted management principles, and under regulations 
        the Comptroller General may prescribe. An audit shall 
        be conducted where the Comptroller General considers it 
        appropriate. All records and property of the Airports 
        Authority shall remain in possession and custody of the 
        Airports Authority.
          (8) The Airports Authority shall develop a code of 
        ethics and financial disclosure to ensure the integrity 
        of all decisions made by its board of directors and 
        employees. The code shall include standards by which 
        members of the board will decide, for purposes of 
        section 49106(d) of this title, what constitutes a 
        substantial financial interest and the circumstances 
        under which an exception to the conflict of interest 
        prohibition may be granted.
          (9) A landing fee imposed for operating an aircraft 
        or revenues derived from parking automobiles--
                  (A) at Washington Dulles International 
                Airport may not be used for maintenance or 
                operating expenses (excluding debt service, 
                depreciation, and amortization) at Washington 
                National Airport; and
                  (B) at Washington National Airport may not be 
                used for maintenance or operating expenses 
                (excluding debt service, depreciation, and 
                amortization) at Washington Dulles 
                International Airport.
          (10) The Airports Authority shall compute the fees 
        and charges for landing general aviation aircraft at 
        the Metropolitan Washington Airports on the same basis 
        as the landing fees for air carrier aircraft, except 
        that the Airports Authority may require a minimum 
        landing fee that is not more than the landing fee for 
        aircraft weighing 12,500 pounds.
          (11) The Secretary shall include other terms 
        applicable to the parties to the lease that are 
        consistent with, and carry out, this chapter.
    (b) Payments.--Under the lease, the Airports Authority must 
pay to the general fund of the Treasury annually an amount, 
computed using the GNP Price Deflator, equal to $3,000,000 in 
1987 dollars. The Secretary and the Airports Authority may 
renegotiate the level of lease payments attributable to 
inflation costs every 10 years.
    (c) Enforcement of Lease Provisions.--The district courts 
of the United States have jurisdiction to compel the Airports 
Authority and its officers and employees to comply with the 
terms of the lease. The Attorney General or an aggrieved party 
may bring an action on behalf of the Government.
    (d) Extension of Lease.--The Secretary and the Airports 
Authority may at any time negotiate an extension of the lease.

 49105. Capital improvements, construction, and rehabilitation

    (a) Sense of Congress.--It is the sense of Congress that 
the Metropolitan Washington Airports Authority--
          (1) should pursue the improvement, construction, and 
        rehabilitation of the facilities at Washington Dulles 
        International Airport and Washington National Airport 
        simultaneously; and
          (2) to the extent practicable, should cause the 
        improvement, construction, and rehabilitation proposed 
        by the Secretary of Transportation to be completed at 
        Washington Dulles International Airport and Washington 
        National Airport within 5 years after March 30, 1988.
    (b) Secretary's Assistance.--The Secretary shall assist the 
3 airports serving the District of Columbia metropolitan area 
in planning for operational and capital improvements at those 
airports and shall accelerate consideration of applications for 
United States Government financial assistance by whichever of 
the 3 airports is most in need of increasing airside capacity.

 49106. Metropolitan Washington Airports Authority

    (a) Status.--The Metropolitan Washington Airports Authority 
shall be--
          (1) a public body corporate and politic with the 
        powers and jurisdiction--
                  (A) conferred upon it jointly by the 
                legislative authority of Virginia and the 
                District of Columbia or by either of them and 
                concurred in by the legislative authority of 
                the other jurisdiction; and
                  (B) that at least meet the specifications of 
                this section and section 49108 of this title;
          (2) independent of Virginia and its local 
        governments, the District of Columbia, and the United 
        States Government; and
          (3) a political subdivision constituted only to 
        operate and improve the Metropolitan Washington 
        Airports as primary airports serving the Metropolitan 
        Washington area.
    (b) General Authority.--(1) The Airports Authority shall be 
authorized--
          (A) to acquire, maintain, improve, operate, protect, 
        and promote the Metropolitan Washington Airports for 
        public purposes;
          (B) to issue bonds from time to time in its 
        discretion for public purposes, including paying any 
        part of the cost of airport improvements, construction, 
        and rehabilitation and the acquisition of real and 
        personal property, including operating equipment for 
        the airports;
          (C) to acquire real and personal property by 
        purchase, lease, transfer, or exchange;
          (D) to exercise the powers of eminent domain in 
        Virginia that are conferred on it by Virginia;
          (E) to levy fees or other charges; and
          (F) to make and maintain agreements with employee 
        organizations to the extent that the Federal Aviation 
        Administration was authorized to do so on October 18, 
        1986.
    (2) Bonds issued under paragraph (1)(B) of this 
subsection--
          (A) are not a debt of Virginia, the District of 
        Columbia, or a political subdivision of Virginia or the 
        District of Columbia; and
          (B) may be secured by the Airports Authority's 
        revenues generally, or exclusively from the income and 
        revenues of certain designated projects whether or not 
        any part of the projects are financed from the proceeds 
        of the bonds.
    (c) Board of Directors.--(1) The Airports Authority shall 
be governed by a board of directors composed of the following 
13 members:
          (A) 5 members appointed by the Governor of Virginia;
          (B) 3 members appointed by the Mayor of the District 
        of Columbia;
          (C) 2 members appointed by the Governor of Maryland; 
        and
          (D) 3 members appointed by the President with the 
        advice and consent of the Senate.
    (2) The Chairman of the board shall be appointed from among 
the members by majority vote of the members and shall serve 
until replaced by majority vote of the members.
    (3) Members of the board shall be appointed to the board 
for 6 years, except that of the members first appointed by the 
President after October 9, 1996, one shall be appointed for 4 
years. A member may serve after the expiration of that member's 
term until a successor has taken office.
    (4) A member of the board--
          (A) may not hold elective or appointive political 
        office;
          (B) serves without compensation except for reasonable 
        expenses incident to board functions; and
          (C) must reside within the Washington Standard 
        Metropolitan Statistical Area, except that a member of 
        the board appointed by the President must be a 
        registered voter of a State other than Maryland, 
        Virginia, or the District of Columbia.
    (5) A vacancy in the board shall be filled in the manner in 
which the original appointment was made. A member appointed to 
fill a vacancy occurring before the expiration of the term for 
which the member's predecessor was appointed shall be appointed 
only for the remainder of that term.
    (6)(A) Not more than 2 of the members of the board 
appointed by the President may be of the same political party.
    (B) In carrying out their duties on the board, members 
appointed by the President shall ensure that adequate 
consideration is given to the national interest.
    (C) The members to be appointed under paragraph (1)(D) of 
this subsection must be appointed before October 1, 1997. If 
the deadline is not met, the Secretary of Transportation and 
the Airports Authority are subject to the limitations of 
section 49108 of this title until all the members referred to 
in paragraph (1)(D) are appointed.
    (D) A member appointed by the President may be removed by 
the President for cause.
    (7) Eight votes are required to approve bond issues and the 
annual budget.
    (d) Conflicts of Interest.--Members of the board and their 
immediate families may not be employed by or otherwise hold a 
substantial financial interest in any enterprise that has or is 
seeking a contract or agreement with the Airports Authority or 
is an aeronautical, aviation services, or airport services 
enterprise that otherwise has interests that can be directly 
affected by the Airports Authority. The official appointing a 
member may make an exception if the financial interest is 
completely disclosed when the member is appointed and the 
member does not participate in board decisions that directly 
affect the interest.
    (e) Certain Actions To Be Taken by Regulation.--An action 
of the Airports Authority changing, or having the effect of 
changing, the hours of operation of, or the type of aircraft 
serving, either of the Metropolitan Washington Airports may be 
taken only by regulation of the Airports Authority.
    (f) Administrative.--To assist the Secretary in carrying 
out this chapter, the Secretary may hire 2 staff individuals to 
be paid by the Airports Authority. The Airports Authority shall 
provide clerical and support staff that the Secretary may 
require.
    (g) Review of Contracting Procedures.--The Comptroller 
General shall review contracts of the Airports Authority to 
decide whether the contracts were awarded by procedures that 
follow sound Government contracting principles and comply with 
section 49104(a)(4) of this title. The Comptroller General 
shall submit periodic reports of the conclusions reached as a 
result of the review to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate.

 49107. Federal employees at Metropolitan Washington Airports

    (a) Labor Agreements.--(1) The Metropolitan Washington 
Airports Authority shall adopt all labor agreements that were 
in effect on June 7, 1987. Unless the parties otherwise agree, 
the agreements must be renegotiated before June 7, 1992.
    (2) Employee protection arrangements made under this 
section shall ensure, during the 50-year lease term, the 
continuation of all collective bargaining rights enjoyed by 
transferred employees retained by the Airports Authority.
    (b) Civil Service Retirement.--Any Federal employee who 
transferred to the Airports Authority and who on June 6, 1987, 
was subject to subchapter III of chapter 83 or chapter 84 of 
title 5, is subject to subchapter III of chapter 83 or chapter 
84 for so long as continually employed by the Airports 
Authority without a break in service. For purposes of 
subchapter III of chapter 83 and chapter 84, employment by the 
Airports Authority without a break in continuity of service is 
deemed to be employment by the United States Government. The 
Airports Authority is the employing agency for purposes of 
subchapter III of chapter 83 and chapter 84 and shall 
contribute to the Civil Service Retirement and Disability Fund 
amounts required by subchapter III of chapter 83 and chapter 
84.
    (c) Access to Records.--The Airports Authority shall allow 
representatives of the Secretary of Transportation adequate 
access to employees and employee records of the Airports 
Authority when needed to carry out a duty or power related to 
the period before June 7, 1987. The Secretary shall provide the 
Airports Authority access to employee records of transferring 
employees for appropriate purposes.

 49108. Limitations

    After October 1, 2001, the Secretary of Transportation may 
not approve an application of the Metropolitan Washington 
Airports Authority--
          (1) for an airport development project grant under 
        subchapter I of chapter 471 of this title; or
          (2) to impose a passenger facility fee under section 
        40117 of this title.

 49109. Nonstop flights

    An air carrier may not operate an aircraft nonstop in air 
transportation between Washington National Airport and another 
airport that is more than 1,250 statute miles away from 
Washington National Airport.

 49110. Use of Dulles Airport Access Highway

    The Metropolitan Washington Airports Authority shall 
continue in effect and enforce section 4.2(1) and (2) of the 
Metropolitan Washington Airports Regulations, as in effect on 
February 1, 1995. The district courts of the United States have 
jurisdiction to compel the Airports Authority and its officers 
and employees to comply with this section. The Attorney General 
or an aggrieved party may bring an action on behalf of the 
United States Government.

 49111. Relationship to and effect of other laws

    (a) Same Powers and Restrictions Under Other Laws.--To 
ensure that the Metropolitan Washington Airports Authority has 
the same proprietary powers and is subject to the same 
restrictions under United States law as any other airport 
except as otherwise provided in this chapter, during the period 
that the lease authorized by section 6005 of the Metropolitan 
Washington Airports Act of 1986 (Public Law 99-500, 100 Stat. 
1783-375, Public Law 99-591, 100 Stat. 3341-378) is in effect--
          (1) the Metropolitan Washington Airports are deemed 
        to be public airports for purposes of chapter 471 of 
        this title; and
          (2) the Act of June 29, 1940 (ch. 444, 54 Stat. 686), 
        the First Supplemental Civil Functions Appropriations 
        Act, 1941 (ch. 780, 54 Stat. 1030), and the Act of 
        September 7, 1950 (ch. 905, 64 Stat. 770), do not apply 
        to the operation of the Metropolitan Washington 
        Airports, and the Secretary of Transportation is 
        relieved of all responsibility under those Acts.
    (b) Inapplicability of Certain Laws.--The Metropolitan 
Washington Airports and the Airports Authority are not subject 
to the requirements of any law solely by reason of the 
retention by the United States Government of the fee simple 
title to those airports.
    (c) Police Power.--Virginia shall have concurrent police 
power authority over the Metropolitan Washington Airports, and 
the courts of Virginia may exercise jurisdiction over 
Washington National Airport.
    (d) Planning.--(1) The authority of the National Capital 
Planning Commission under section 5 of the Act of June 6, 1924 
(40 U.S.C. 71d), does not apply to the Airports Authority.
    (2) The Airports Authority shall consult with--
          (A) the Commission and the Advisory Council on 
        Historic Preservation before undertaking any major 
        alterations to the exterior of the main terminal at 
        Washington Dulles International Airport; and
          (B) the Commission before undertaking development 
        that would alter the skyline of Washington National 
        Airport when viewed from the opposing shoreline of the 
        Potomac River or from the George Washington Parkway.
    (e) Operation Limitations.--The Administrator of the 
Federal Aviation Administration may not increase the number of 
instrument flight rule takeoffs and landings authorized for air 
carriers by the High Density Rule (14 C.F.R. 93.121 et seq.) at 
Washington National Airport on October 18, 1986, and may not 
decrease the number of those takeoffs and landings except for 
reasons of safety.

 49112. Separability and Effect of Judicial Order

    (a) Separability.--If any provision of this chapter, or the 
application of a provision of this chapter to a person or 
circumstance, is held invalid, the remainder of this chapter 
and the application of the provision to other persons or 
circumstances is not affected.
    (b) Effect of Judicial Order.--(1) If any provision of the 
Metropolitan Washington Airports Amendments Act of 1996 (title 
IX of Public Law 104-264, 110 Stat. 3274) or the amendments 
made by the Act, or the application of that provision to a 
person, circumstance, or venue, is held invalid by a judicial 
order, the Secretary of Transportation and the Metropolitan 
Washington Airports Authority shall be subject to section 49108 
of this title from the day after the day the order is issued.
    (2) Any action of the Airports Authority that was required 
to be submitted to the Board of Review under section 6007(f)(4) 
of the Metropolitan Washington Airports Act of 1986 (Public Law 
99-500, 100 Stat. 1783-380, Public Law 99-599, 100 Stat. 3341-
383) before October 9, 1996, remains in effect and may not be 
set aside only because of a judicial order invalidating certain 
functions of the Board.

                                
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