[105th Congress Public Law 102]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ102.105]
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CODIFICATION OF TRANSPORTATION LAWS
[[Page 111 STAT. 2204]]
Public Law 105-102
105th Congress
An Act
To codify without substantive change laws related to transportation and
to improve the United States Code. <<NOTE: Nov. 20, 1997 - [H.R.
1086]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TITLE 26, INTERNAL REVENUE CODE OF 1986.
Section 9503(e)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9503(e)(3)) is amended by striking ``such Acts are in effect'' and all
that follows through the end of the paragraph and substituting ``section
5338(a)(1) or (b)(1) and the Intermodal Surface Transportation
Efficiency Act of 1991 were in effect on December 18, 1991''.
SEC. 2. TITLE 49, UNITED STATES CODE.
Title 49, United States Code, is amended as follows:
(1) In the item related to subchapter I in the analysis for
chapter 5, strike--
``duties and''.
(2) In the heading for subchapter I of chapter 5, strike--
``AND''.
(3) In section 5108(f ), strike ``section 522(f )'' and
substitute ``section 552(b)''.
(4) Section 5303(c) is amended as follows:
(A) In paragraph (1), insert ``and sections 5304-
5306 of this title'' after ``this section''.
(B) In paragraph (4)(A), strike ``paragraph (3)''
and substitute ``paragraph (5)''.
(C) In paragraph (5)(A), insert ``and sections 5304-
5306 of this title'' after ``this section''.
(5) In item 155 in the subtitle analysis for subtitle IV,
strike ``AND TARIFFS''.
(6) In section 11904(a)(2), strike ``a person'' and
substitute ``person''.
(7) In section 11906, strike ``of this title'' and
substitute ``of this part''.
(8) In section 13506(a)(5), strike ``1141j(a))'' and
substitute ``1141j(a)))''.
(9) In section 13703(a)(2), strike ``subsection (a)'' and
substitute ``paragraph (1)''.
(10) In section 13905(e)(1), strike ``31144,'' and
substitute ``31144''.
[[Page 111 STAT. 2205]]
(11) In section 14123(c)(2)(B), insert ``in'' before ``no
event''.
(12) In section 14903(a), insert ``a'' before ``civil
penalty of not more than''.
(13) In section 15101(a), strike ``oversee of '' and
substitute ``oversee''.
(14) In the item related to section 15904 in the analysis
for chapter 159, strike ``certain'' and substitute ``pipeline''.
(15) In section 15904(c)(1), strike ``section 11501(b)'' and
substitute ``15901(b)''.
(16) In section 16101, redesignate subsection (d) as (c).
(17) In item 305 in the subtitle analysis for subtitle VI,
strike ``national automobile title information system'' and
substitute ``national motor vehicle title information
system''.
(18) In section 30305(b)--
(A) in paragraph (8), as redesignated by section
207(b) of the Coast Guard Authorization Act of 1996
(Public Law 104-324; 110 Stat. 3908), strike ``paragraph
(2)'' and
substitute ``subsection (a) of this section''; and
(B) redesignate paragraph (8), as redesignated by
section 502(b)(1) of the Federal Aviation
Reauthorization Act of 1996 (Public Law 104-264; 110
Stat. 3262), as paragraph (9).
(19) In section 32706(c), strike ``subchapter II of chapter
105'' and substitute ``subchapter I of chapter 135''.
(20) In the analysis of subtitle VII, strike the item
related to part D and substitute
``PART D--PUBLIC AIRPORTS
``491. METROPOLITAN WASHINGTON AIRPORTS........................49101''.
(21) In the item related to section 41502 in the analysis
for chapter 415, strike ``common''.
(22) The catchline for section 41502 is amended by striking
``common''.
(23) In section 41713(b)(4)(B)(ii), strike ``10102'' and
substitute ``13102''.
(24) In section 41714(d)(1), strike ``sections 6005(c)(5)
and 6009(e) of the Metropolitan Washington Airports Act of
1986'' and substitute ``sections 49104(a)(5) and 49111(e) of
this title''.
(25) In section 44936(f )(1)(C), strike ``section
30305(b)(7)'' and substitute ``section 30305(b)(8) of this
title''.
(26) Insert after part C of subtitle VII the following:
``PART D--PUBLIC AIRPORTS
``CHAPTER 491--METROPOLITAN WASHINGTON AIRPORTS
``Sec.
``49101. Findings.
``49102. Purpose.
``49103. Definitions.
``49104. Lease of Metropolitan Washington Airports.
``49105. Capital improvements, construction, and rehabilitation.
``49106. Metropolitan Washington Airports Authority.
``49107. Federal employees at Metropolitan Washington Airports.
``49108. Limitations.
``49109. Nonstop flights.
``49110. Use of Dulles Airport Access Highway.
[[Page 111 STAT. 2206]]
``49111. Relationship to and effect of other laws.
``49112. Separability and effect of judicial order.
``Sec. 49101. Findings
``Congress finds that--
``(1) the 2 federally owned airports in the metropolitan
area of the District of Columbia constitute an important and
growing part of the commerce, transportation, and economic
patterns of Virginia, the District of Columbia, and the
surrounding region;
``(2) Baltimore/Washington International Airport, owned and
operated by Maryland, is an air transportation facility that
provides service to the greater Metropolitan Washington region
together with the 2 federally owned airports, and timely
Federal-aid grants to Baltimore/Washington International Airport
will provide additional capacity to meet the growing air traffic
needs and to compete with other airports on a fair basis;
``(3) the United States Government has a continuing but
limited interest in the operation of the 2 federally owned
airports, which serve the travel and cargo needs of the entire
Metropolitan Washington region as well as the District of
Columbia as the national seat of government;
``(4) operation of the Metropolitan Washington Airports by
an independent local authority will facilitate timely
improvements at both airports to meet the growing demand of
interstate air transportation occasioned by the Airline
Deregulation Act of 1978 (Public Law 95-504; 92 Stat. 1705);
``(5) all other major air carrier airports in the United
States are operated by public entities at the State, regional,
or local level;
``(6) any change in status of the 2 airports must take into
account the interest of nearby communities, the traveling
public, air carriers, general aviation, airport employees, and
other interested groups, as well as the interests of the United
States Government and State governments involved;
``(7) in recognition of a perceived limited need for a
Federal role in the management of these airports and the growing
local interest, the Secretary of Transportation has recommended
a transfer of authority from the Federal to the local/State
level that is consistent with the management of major airports
elsewhere in the United States;
``(8) an operating authority with representation from local
jurisdictions, similar to authorities at all major airports in
the United States, will improve communications with local
officials and concerned residents regarding noise at the
Metropolitan Washington Airports;
``(9) a commission of congressional, State, and local
officials and aviation representatives has recommended to the
Secretary that transfer of the federally owned airports be as a
unit to an independent authority to be created by Virginia and
the District of Columbia; and
``(10) the Federal interest in these airports can be
provided through a lease mechanism which provides for local
control and operation.
[[Page 111 STAT. 2207]]
``Sec. 49102. Purpose
``(a) General.--The purpose of this chapter is to authorize the
transfer of operating responsibility under long-term lease of the 2
Metropolitan Washington Airport properties as a unit, including access
highways and other related facilities, to a properly constituted
independent airport authority created by Virginia and the District of
Columbia, in order to achieve local control, management, operation, and
development of these important transportation assets.
``(b) Inclusion of Baltimore/Washington International Airport Not
Precluded.--This chapter does not prohibit the
Airports Authority and Maryland from making an agreement to make
Baltimore/Washington International Airport part of a regional airports
authority, subject to terms agreed to by the Airports Authority, the
Secretary of Transportation, Virginia, the District of Columbia, and
Maryland.
``Sec. 49103. Definitions
``In this chapter--
``(1) `Airports Authority' means the Metropolitan Washington
Airports Authority, a public authority created by Virginia and
the District of Columbia consistent with the requirements of
section 49106 of this title.
``(2) `employee' means any permanent Federal Aviation
Administration personnel employed by the Metropolitan Washington
Airports on June 7, 1987.
``(3) `Metropolitan Washington Airports' means Washington
National Airport and Washington Dulles International Airport.
``(4) ` Washington Dulles International Airport' means the
airport constructed under the Act of September 7, 1950 (ch. 905,
64 Stat. 770), and includes the Dulles Airport Access Highway
and Right-of-way, including the extension between Interstate
Routes I-495 and I-66.
``(5) ` Washington National Airport' means the airport
described in the Act of June 29, 1940 (ch. 444, 54 Stat. 686).
``Sec. 49104. Lease of Metropolitan Washington Airports
``(a) General.--The lease between the Secretary of Transportation
and the Metropolitan Washington Airports Authority under section 6005(a)
of the Metropolitan Washington Airports Act of 1986 (Public Law 99-500;
100 Stat. 1783-375; Public Law 99-591; 100 Stat. 3341-378), for the
Metropolitan Washington Airports must provide during its 50-year term at
least the following:
``(1) The Airports Authority shall operate, maintain,
protect, promote, and develop the Metropolitan Washington
Airports as a unit and as primary airports serving the
Metropolitan Washington area.
``(2)(A) In this paragraph, `airport purposes' means a use
of property interests (except a sale) for--
``(i) aviation business or activities;
``(ii) activities necessary or appropriate to serve
passengers or cargo in air commerce; or
``(iii) nonprofit, public use facilities that are
not inconsistent with the needs of aviation.
``(B) During the period of the lease, the real property
constituting the Metropolitan Washington Airports shall be used
only for airport purposes.
[[Page 111 STAT. 2208]]
``(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 CFR 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 CFR 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.
[[Page 111 STAT. 2209]]
``(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
[[Page 111 STAT. 2210]]
1987 dollars. The Secretary and the Airports Authority may renegotiate
the level of lease payments attributable to inflation costs every 10
years.
``(c) Enforcement of Lease Provisions.--The district courts of the
United States have jurisdiction to compel the Airports Authority and its
officers and employees to comply with the terms of the lease. The
Attorney General or an aggrieved party may bring an action on behalf of
the Government.
``(d) Extension of Lease.--The Secretary and the Airports Authority
may at any time negotiate an extension of the lease.
``Sec. 49105. Capital improvements, construction, and rehabilitation
``(a) Sense of Congress.--It is the sense of Congress that the
Metropolitan Washington Airports Authority--
``(1) should pursue the improvement, construction, and
rehabilitation of the facilities at Washington Dulles
International Airport and Washington National Airport
simultaneously; and
``(2) to the extent practicable, should cause the
improvement, construction, and rehabilitation proposed by the
Secretary of Transportation to be completed at Washington Dulles
International Airport and Washington National Airport within 5
years after March 30, 1988.
``(b) Secretary's Assistance.--The Secretary shall assist the 3
airports serving the District of Columbia metropolitan area in planning
for operational and capital improvements at those airports and shall
accelerate consideration of applications for United States Government
financial assistance by whichever of the 3 airports is most in need of
increasing airside capacity.
``Sec. 49106. Metropolitan Washington Airports Authority
``(a) Status.--The Metropolitan Washington Airports Authority shall
be--
``(1) a public body corporate and politic with the powers
and jurisdiction--
``(A) conferred upon it jointly by the legislative
authority of Virginia and the District of Columbia or by
either of them and concurred in by the legislative
authority of the other jurisdiction; and
``(B) that at least meet the specifications of this
section and section 49108 of this title;
``(2) independent of Virginia and its local governments, the
District of Columbia, and the United States Government; and
``(3) a political subdivision constituted only to operate
and improve the Metropolitan Washington Airports as primary
airports serving the Metropolitan Washington area.
``(b) General Authority.--(1) The Airports Authority shall be
authorized--
``(A) to acquire, maintain, improve, operate, protect, and
promote the Metropolitan Washington Airports for public
purposes;
``(B) to issue bonds from time to time in its discretion for
public purposes, including paying any part of the cost of
airport improvements, construction, and rehabilitation and the
[[Page 111 STAT. 2211]]
acquisition of real and personal property, including operating
equipment for the airports;
``(C) to acquire real and personal property by purchase,
lease, transfer, or exchange;
``(D) to exercise the powers of eminent domain in Virginia
that are conferred on it by Virginia;
``(E) to levy fees or other charges; and
``(F) to make and maintain agreements with employee
organizations to the extent that the Federal Aviation
Administration was authorized to do so on October 18, 1996.
``(2) Bonds issued under paragraph (1)(B) of this subsection--
``(A) are not a debt of Virginia, the District of Columbia,
or a political subdivision of Virginia or the District of
Columbia; and
``(B) may be secured by the Airports Authority's revenues
generally, or exclusively from the income and revenues of
certain designated projects whether or not any part of the
projects are financed from the proceeds of the bonds.
``(c) Board of Directors.--(1) The Airports Authority shall be
governed by a board of directors composed of the following 13 members:
``(A) 5 members appointed by the Governor of Virginia;
``(B) 3 members appointed by the Mayor of the District of
Columbia;
``(C) 2 members appointed by the Governor of Maryland; and
``(D) 3 members appointed by the President with the advice
and consent of the Senate.
``(2) The chairman of the board shall be appointed from among the
members by majority vote of the members and shall serve until replaced
by majority vote of the members.
``(3) Members of the board shall be appointed by the board for 6
years, except that of the members first appointed by the President after
October 9, 1996, one shall be appointed for 4 years. A member may serve
after the expiration of that member's term until a successor has taken
office.
``(4) A member of the board--
``(A) may not hold elective or appointive political office;
``(B) serves without compensation except for reasonable
expenses incident to board functions; and
``(C) must reside within the Washington Standard
Metropolitan Statistical Area, except that a member of the board
appointed by the President must be a registered voter of a State
other than Maryland, Virginia, or the District of Columbia.
``(5) A vacancy in the board shall be filled in the manner in which
the original appointment was made. A member appointed to fill a vacancy
occurring before the expiration of the term for which the member's
predecessor was appointed shall be appointed only for the remainder of
that term.
``(6)(A) Not more than 2 of the members of the board appointed by
the President may be of the same political party.
``(B) In carrying out their duties on the board, members appointed
by the President shall 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
[[Page 111 STAT. 2212]]
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 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) <<NOTE: Reports.>> of this title. The Comptroller General
shall submit periodic reports of the conclusions reached as a result of
the review to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``Sec. 49107. Federal employees at Metropolitan Washington
Airports
``(a) Labor Agreements.--(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 II of chapter 83 or chapter 84 for so long as
continually employed by the Airports Authority without a break in
service. For purposes of subchapter III of chapter 83 and chapter 84,
employment by the Airports Authority without a break in continuity of
service is deemed to be employment by the United States Government. The
Airports Authority is the employing agency for purposes of subchapter
III of chapter 83
[[Page 111 STAT. 2213]]
and chapter 84 and shall contribute to the Civil Service Retirement and
Disability Fund amounts required by subchapter III of chapter 83 and
chapter 84.
``(c) Access to Records.--The Airports Authority shall allow
representatives of the Secretary of Transportation adequate access to
employees and employee records of the Airports Authority when needed to
carry out a duty or power related to the period before June 7, 1987. The
Secretary shall provide the Airports Authority access to employee
records of transferring employees for appropriate purposes.
``Sec. 49108. Limitations
``After October 1, 2001, the Secretary of Transportation may not
approve an application of the Metropolitan Washington Airports
Authority--
``(1) for an airport development project grant under
subchapter I of chapter 471 of this title; or
``(2) to impose a passenger facility fee under section 40117
of this title.
``Sec. 49109. Nonstop flights
``An air carrier may not operate an aircraft nonstop in air
transportation between Washington National Airport and another airport
that is more than 1,250 statute miles away from Washington National
Airport.
``Sec. 49110. Use of Dulles Airport Access Highway
``The Metropolitan Washington Airports Authority shall continue in
effect and enforce section 4.2(1) and (2) of the Metropolitan Washington
Airports Regulations, as in effect on February 1, 1995. The district
courts of the United States have jurisdiction to compel the Airports
Authority and its officers and employees to comply with this section.
The Attorney General or an aggrieved party may bring an action on behalf
of the United States Government.
``Sec. 49111. Relationship to and effect of other laws
``(a) Same Powers and Restrictions Under Other Laws.--To ensure that
the Metropolitan Washington Airports Authority has the same proprietary
powers and is subject to the same restrictions under United States law
as any other airport except as otherwise provided in this chapter,
during the period that the lease authorized by section 6005 of the
Metropolitan Washington Airports Act of 1986 (Public Law 99-500; 100
Stat. 1783-375; Public Law 99-591; 100 Stat. 3341-378) is in effect--
``(1) the Metropolitan Washington Airports are deemed to be
public airports for purposes of chapter 471 of this title; and
``(2) the Act of June 29, 1940 (ch. 444, 54 Stat. 686), the
First Supplemental Civil Functions Appropriations Act, 1941 (ch.
780, 54 Stat. 1030), and the Act of September 7, 1950 (ch. 905,
64 Stat. 770), do not apply to the operation of the Metropolitan
Washington Airports, and the Secretary of Transportation is
relieved of all responsibility under those Acts.
``(b) Inapplicability of Certain Laws.--The Metropolitan Washington
Airports and the Airports Authority are not subject to the requirements
of any law solely by reason of the retention
[[Page 111 STAT. 2214]]
of the United States Government of the fee simple title to those
airports.
``(c) Police Power.--Virginia shall have concurrent police power
authority over the Metropolitan Washington Airports, and the courts of
Virginia may exercise jurisdiction over Washington National Airport.
``(d) Planning.--(1) The authority of the National Capital Planning
Commission under section 5 of the Act of June 6, 1924 (40 U.S.C. 71d),
does not apply to the Airports Authority.
``(2) The Airports Authority shall consult with--
``(A) the Commission and the Advisory Council on Historic
Preservation before undertaking any major alterations to the
exterior of the main terminal at Washington Dulles International
Airport; and
``(B) the Commission before undertaking development that
would alter the skyline of Washington National Airport when
viewed from the opposing shoreline of the Potomac River or from
the George Washington Parkway.
``(e) Operation Limitations.--The Administrator of the Federal
Aviation Administration may not increase the number of instrument flight
rule takeoffs and landings authorized for air carriers by the High
Density Rule (14 CFR 93.121 et seq.) at Washington National Airport on
October 18, 1986, and may not decrease the number of those takeoffs and
landings except for reasons of safety.
``Sec. 49112. Separability and effect of judicial order
``(a) Separability.--If any provision of this chapter, or the
application of a provision of this chapter to a person or circumstance,
is held invalid, the remainder of this chapter and the application of
the provision to other persons or circumstances is not affected.
``(b) Effect of Judicial Order.--(1) If any provision of the
Metropolitan Washington Airports Amendments Act of 1996 (title IX of
Public Law 104-264; 110 Stat. 3274) or the amendments made by the Act,
or the application of that provision to a person, circumstance, or
venue, is held invalid by a judicial order, the Secretary of
Transportation and the Metropolitan Washington Airports Authority shall
be subject to section 49108 of this title from the day after the day the
order is issued.
``(2) Any action of the Airports Authority that was required to be
submitted to the Board of Review under section 6007(f )(4) of the
Metropolitan Washington Airports Act of 1986 (Public Law 99-500; 100
Stat. 1783-380; Public Law 99-599; 100 Stat. 3341-383) before October 9,
1996, remains in effect and may not be set aside only because of a
judicial order invalidating certain functions of the Board.''.
SEC. 3. TECHNICAL CHANGES TO OTHER LAWS.
(a) Effective November 15, 1995, section 333(a)(1) and (2) of the
Department of Transportation and Related Agencies Appropriations Act,
1996 (Public Law 104-50; 109 Stat. 457) <<NOTE: 49 USC 5302 note,
5302.>> is amended to read as follows:
``(1) in subparagraph (B) `that extends the economic life of
a bus for at least 5 years'; and
``(2) in subparagraph (C), `that extends the economic life
of a bus for at least 8 years'.''.
[[Page 111 STAT. 2215]]
(b) Effective July 2, 1996, section 2(c) of the Anti-Car Theft
Improvements Act of 1996 (Public Law 104-152; <<NOTE: 49 USC 30501 note,
30501-30504.>> 110 Stat. 1384) is amended by striking ``sections 30502
and 30503'' and substituting ``sections 30501(6), 30502, 30503, and
30504(a)(1)''.
(c) Effective October 9, 1996, the Federal Aviation Reauthorization
Act of 1996 (Public Law 104-264; 110 Stat. 3213) <<NOTE: 49 USC 106
note.>> is amended as follows:
(1) Section 123 <<NOTE: 49 USC 47117.>> is amended as
follows:
(A) Subsection (b)(6) is amended to read as follows:
``(6) in subparagraph (B), as so redesignated, by striking
`at least 2.25' and all that follows through `1996,' and
inserting `at least 4 percent for each of fiscal years 1997 and
1998'; and''.
(B) Add at the end the following:
``(d) Conforming Cross-Reference.--Section 47117(e)(1)(A), as
redesignated by subsection (b)(3) of this section, is amended by
striking `47504(c)(1)' and substituting `47504(c)'.''.
(2) Section 124 <<NOTE: 49 USC 47117.>> is amended by
striking subsection (d).
(3) Section 276 <<NOTE: 49 USC 106.>> is amended by adding
at the end the
following:
``(c) Conforming Cross-Reference.--Section 106(g)(1)(A) is amended
by striking `45302, 45303' and substituting `45302-45304'.''.
(4) Sections 502(c) and 1220(b) <<NOTE: 49 USC 46301.>> are
repealed.
(d) <<NOTE: 49 USC 40124 note.>> Effective October 11, 1996--
(1) Section 5 of the Act of October 11, 1996 (Public Law
104-287; 110 Stat. 3388), is amended as follows:
(A) In clause (45)(A), strike ``enforcement,''
and substitute ``enforcement:''.
(B) <<NOTE: 49 USC 40121, 40124.>> Clause (69) is
amended to read as follows:
``(69)(A) Add at the end of chapter 401 the following:
`Sec. 40124. Interstate agreements for airport facilities
`Congress consents to a State making an agreement, not in conflict
with a law of the United States, with another State to develop or
operate an airport facility.'.
``(B) In the analysis for chapter 401, add at the end the
following:
`40124. Interstate agreements for airport facilities.'.''.
(C) Clause (76) <<NOTE: 49 USC 45301.>> is
repealed.
(D) Clause (79) <<NOTE: 49 USC 46316.>> is amended
to read as follows:
``(79) In section 46316(b), strike `and sections 44701(a)
and (b), 44702-44716, 44901, 44903(b) and (c), 44905, 44906,
44912-44915, and 44932-44938' and substitute `chapter 447
(except section 44718(a)), and chapter 449 (except sections
44902, 44903(d), 44904, and 44907-44909)'.''.
(E) Clause (84) <<NOTE: 49 USC 47128.>> is
repealed.
(2) Section 8 of the Act of October 11, 1996 (Public Law
104-287; 110 Stat. 3400), is amended as follows:
(A) <<NOTE: 49 USC 5303 note.>> In paragraph (1),
strike ``(77), (78)'' and substitute ``(77)-(79)''.
(B) <<NOTE: 49 USC 47117 note.>> Paragraph (2) is
amended to read as follows:
``(2) The amendments made by section 5(81)(B), (82)(A), and (83)(A)
shall take effect on September 30, 1998.''.
(e) The General Aviation Revitalization Act of 1994 (Public Law 103-
298; 108 Stat. 1552) <<NOTE: 49 USC 40101 note.>> is amended as
follows:
[[Page 111 STAT. 2216]]
(1) In section 2(c), strike ``the Federal Aviation Act of
1958 (49 U.S.C. App. 1301 et seq.)'' and substitute ``part A of
subtitle VII of title 49, United States Code,''.
(2) In section 3--
(A) in paragraph (1), strike ``section 101(5) of the
Federal Aviation Act of 1958 (49 U.S.C. 1301(5))'' and
substitute ``section 40102(a)(6) of title 49, United
States Code'';
(B) in paragraph (2), strike ``section 603(c) of the
Federal Aviation Act of 1958 (49 U.S.C. 1423(c))'' and
substitute ``section 44704(c)(1) of title 49, United
States Code,''; and
(C) in paragraph (4), strike ``section 603(a) of the
Federal Aviation Act of 1958 (49 U.S.C. 1423(a))'' and
substitute ``section 44704(a) of title 49, United States
Code,''.
(f ) <<NOTE: Effective dates. 49 USC 106 note.>> The amendments
made by subsections (a) through (d) of this section shall take effect as
if included in the provisions of the Acts to which the amendments
relate.
SEC. 4. <<NOTE: 49 USC note prec. 101.>> LEGISLATIVE PURPOSE AND
CONSTRUCTION.
(a) No Substantive Change.--This Act restates, without substantive
change, laws enacted before May 1, 1997, that were replaced by this Act.
This Act may not be construed as making a substantive change in the laws
replaced. Laws enacted after April 30, 1997, that are inconsistent with
this Act supersede this Act to the extent of the inconsistency.
(b) References.--A reference to a law replaced by this Act,
including a reference in a regulation, order, or other law, is deemed to
refer to the corresponding provision enacted by this Act.
(c) Continuing Effect.--An order, rule, or regulation in effect
under a law replaced by this Act continues in effect under the
corresponding provision enacted by this Act until repealed, amended, or
superseded.
(d) Actions and Offenses Under Prior Law.--An action taken or an
offense committed under a law replaced by this Act is deemed to have
been taken or committed under the corresponding provision enacted by
this Act.
(e) Inferences.--An inference of a legislative construction is not
to be drawn by reason of the location in the United States Code of a
provision enacted by this Act or by reason of a caption or catch line of
the provision.
(f ) Severability.--If a provision enacted by this Act is held
invalid, all valid provisions that are severable from the invalid
provision remain in effect. If a provision enacted by this Act is held
invalid in any of its applications, the provision remains valid for all
valid applications that are severable from any of the invalid
applications.
SEC. 5 <<NOTE: 49 USC note prec. 101.>> . REPEALS.
(a) Inferences of Repeal.--The repeal of a law by this Act may not
be construed as a legislative inference that the provision was or was
not in effect before its repeal.
[[Page 111 STAT. 2217]]
(b) Repealer Schedule.--The laws specified in the following schedule
are repealed, except for rights and duties that matured, penalties that
were incurred, and proceedings that were begun before the date of
enactment of this Act:
Schedule of Laws Repealed
Statutes at Large
--------------------------------------------------------------------------------------------------------------------------------------------------------
Statutes at Large U.S. Code
Date Chapter or Public Law Section --------------------------------------------------------
Volume Page Title Section
--------------------------------------------------------------------------------------------------------------------------------------------------------
1996
Oct. 18............................... 99-500.................. 6001-6012.................... 100 1783-373................ ..... ..............
Oct. 30............................... 99-591.................. 6001-6012.................... 100 3341-376................ ..... ..............
1991
Dec. 18............................... 102-240................. 7001-7004.................... 105 2197.................... ..... ..............
1996
Oct. 9................................ 104-264................. 902-907...................... 110 3274.................... ..... ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Approved November 20, 1997.
LEGISLATIVE HISTORY--H.R. 1086:
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HOUSE REPORTS: No. 105-153 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 143 (1997):
July 8, considered and passed House.
Nov. 8, considered and passed Senate.
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