2000
[DOCID: f:h1086enr.txt]
H.R.1086
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
To codify without substantive change laws related to transportation and
to improve the United States Code.
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''.
(11) In section 14123(c)(2)(B), insert ``in'' before ``no
event''.
(12) In section 14903(a), insert ``a'' before ``civil penalty
of not more than''.
(13) In section 15101(a), strike ``oversee of'' and substitute
``oversee''.
(14) In the item related to section 15904 in the analysis for
chapter 159, strike ``certain'' and substitute ``pipeline''.
(15) In section 15904(c)(1), strike ``section 11501(b)'' and
substitute ``15901(b)''.
(16) In section 16101, redesignate subsection (d) as (c).
(17) In item 305 in the subtitle analysis for subtitle VI,
strike ``national automobile title information system'' and
substitute ``national motor vehicle title information system''.
(18) In section 30305(b)--
(A) in paragraph (8), as redesignated by section 207(b) of
the Coast Guard Authorization Act of 1996 (Public Law 104-324;
110 Stat. 3908), strike ``paragraph (2)'' and substitute
``subsection (a) of this section''; and
(B) redesignate paragraph (8), as redesignated by section
502(b)(1) of the Federal Aviation Reauthorization Act of 1996
(Public Law 104-264; 110 Stat. 3262), as paragraph (9).
(19) In section 32706(c), strike ``subchapter II of chapter
105'' and substitute ``subchapter I of chapter 135''.
(20) In the analysis of subtitle VII, strike the item related
to part D and substitute
``PART D--PUBLIC AIRPORTS
``491. METROPOLITAN WASHINGTON AIRPORTS......................
49101''.
(21) In the item related to section 41502 in the analysis for
chapter 415, strike ``common''.
(22) The catchline for section 41502 is amended by striking
``common''.
(23) In section 41713(b)(4)(B)(ii), strike ``10102'' and
substitute ``13102''.
(24) In section 41714(d)(1), strike ``sections 6005(c)(5) and
6009(e) of the Metropolitan Washington Airports Act of 1986'' and
substitute ``sections 49104(a)(5) and 49111(e) of this title''.
(25) In section 44936(f)(1)(C), strike ``section 30305(b)(7)''
and substitute ``section 30305(b)(8) of this title''.
(26) Insert after part C of subtitle VII the following:
``PART D--PUBLIC AIRPORTS
``CHAPTER 491--METROPOLITAN WASHINGTON AIRPORTS
``Sec.
``49101. Findings.
``49102. Purpose.
``49103. Definitions.
``49104. Lease of Metropolitan Washington Airports.
``49105. Capital improvements, construction, and rehabilitation.
``49106. Metropolitan Washington Airports Authority.
``49107. Federal employees at Metropolitan Washington Airports.
``49108. Limitations.
``49109. Nonstop flights.
``49110. Use of Dulles Airport Access Highway.
``49111. Relationship to and effect of other laws.
``49112. Separability and effect of judicial order.
``Sec. 49101. Findings
``Congress finds that--
``(1) the 2 federally owned airports in the metropolitan area
of the District of Columbia constitute an important and growing
part of the commerce, transportation, and economic patterns of
Virginia, the District of Columbia, and the surrounding region;
``(2) Baltimore/Washington International Airport, owned and
operated by Maryland, is an air transportation facility that
provides service to the greater Metropolitan Washington region
together with the 2 federally owned airports, and timely Federal-
aid grants to Baltimore/Washington International Airport will
provide additional capacity to meet the growing air traffic needs
and to compete with other airports on a fair basis;
``(3) the United States Government has a continuing but limited
interest in the operation of the 2 federally owned airports, which
serve the travel and cargo needs of the entire Metropolitan
Washington region as well as the District of Columbia as the
national seat of government;
``(4) operation of the Metropolitan Washington Airports by an
independent local authority will facilitate timely improvements at
both airports to meet the growing demand of interstate air
transportation occasioned by the Airline Deregulation Act of 1978
(Public Law 95-504; 92 Stat. 1705);
``(5) all other major air carrier airports in the United States
are operated by public entities at the State, regional, or local
level;
``(6) any change in status of the 2 airports must take into
account the interest of nearby communities, the traveling public,
air carriers, general aviation, airport employees, and other
interested groups, as well as the interests of the United States
Government and State governments involved;
``(7) in recognition of a perceived limited need for a Federal
role in the management of these airports and the growing local
interest, the Secretary of Transportation has recommended a
transfer of authority from the Federal to the local/State level
that is consistent with the management of major airports elsewhere
in the United States;
``(8) an operating authority with representation from local
jurisdictions, similar to authorities at all major airports in the
United States, will improve communications with local officials and
concerned residents regarding noise at the Metropolitan Washington
Airports;
``(9) a commission of congressional, State, and local officials
and aviation representatives has recommended to the Secretary that
transfer of the federally owned airpor
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ts be as a unit to an
independent authority to be created by Virginia and the District of
Columbia; and
``(10) the Federal interest in these airports can be provided
through a lease mechanism which provides for local control and
operation.
``Sec. 49102. Purpose
``(a) General.--The purpose of this chapter is to authorize the
transfer of operating responsibility under long-term lease of the 2
Metropolitan Washington Airport properties as a unit, including access
highways and other related facilities, to a properly constituted
independent airport authority created by Virginia and the District of
Columbia, in order to achieve local control, management, operation, and
development of these important transportation assets.
``(b) Inclusion of Baltimore/Washington International Airport Not
Precluded.--This chapter does not prohibit the Airports Authority and
Maryland from making an agreement to make Baltimore/Washington
International Airport part of a regional airports authority, subject to
terms agreed to by the Airports Authority, the Secretary of
Transportation, Virginia, the District of Columbia, and Maryland.
``Sec. 49103. Definitions
``In this chapter--
``(1) `Airports Authority' means the Metropolitan Washington
Airports Authority, a public authority created by Virginia and the
District of Columbia consistent with the requirements of section
49106 of this title.
``(2) `employee' means any permanent Federal Aviation
Administration personnel employed by the Metropolitan Washington
Airports on June 7, 1987.
``(3) `Metropolitan Washington Airports' means Washington
National Airport and Washington Dulles International Airport.
``(4) `Washington Dulles International Airport' means the
airport constructed under the Act of September 7, 1950 (ch. 905, 64
Stat. 770), and includes the Dulles Airport Access Highway and
Right-of-way, including the extension between Interstate Routes I-
495 and I-66.
``(5) `Washington National Airport' means the airport described
in the Act of June 29, 1940 (ch. 444, 54 Stat. 686).
``Sec. 49104. Lease of Metropolitan Washington Airports
``(a) General.--The lease between the Secretary of Transportation
and the Metropolitan Washington Airports Authority under section
6005(a) of the Metropolitan Washington Airports Act of 1986 (Public Law
99-500; 100 Stat. 1783-375; Public Law 99-591; 100 Stat. 3341-378), for
the Metropolitan Washington Airports must provide during its 50-year
term at least the following:
``(1) The Airports Authority shall operate, maintain, protect,
promote, and develop the Metropolitan Washington Airports as a unit
and as primary airports serving the Metropolitan Washington area.
``(2)(A) In this paragraph, `airport purposes' means a use of
property interests (except a sale) for--
``(i) aviation business or activities;
``(ii) activities necessary or appropriate to serve
passengers or cargo in air commerce; or
``(iii) nonprofit, public use facilities that are not
inconsistent with the needs of aviation.
``(B) During the period of the lease, the real property
constituting the Metropolitan Washington Airports shall be used
only for airport purposes.
``(C) If the Secretary decides that any part of the real
property leased to the Airports Authority under this chapter is
used for other than airport purposes, the Secretary shall--
``(i) direct that the Airports Authority take appropriate
measures to have that part of the property be used for airport
purposes; and
``(ii) retake possession of the property if the Airports
Authority fails to have that part of the property be used for
airport purposes within a reasonable period of time, as the
Secretary decides.
``(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.
``(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 conside
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rs it
appropriate. All records and property of the Airports Authority
shall remain in possession and custody of the Airports Authority.
``(8) The Airports Authority shall develop a code of ethics and
financial disclosure to ensure the integrity of all decisions made
by its board of directors and employees. The code shall include
standards by which members of the board will decide, for purposes
of section 49106(d) of this title, what constitutes a substantial
financial interest and the circumstances under which an exception
to the conflict of interest prohibition may be granted.
``(9) A landing fee imposed for operating an aircraft or
revenues derived from parking automobiles--
``(A) at Washington Dulles International Airport may not be
used for maintenance or operating expenses (excluding debt
service, depreciation, and amortization) at Washington National
Airport; and
``(B) at Washington National Airport may not be used for
maintenance or operating expenses (excluding debt service,
depreciation, and amortization) at Washington Dulles
International Airport.
``(10) The Airports Authority shall compute the fees and
charges for landing general aviation aircraft at the Metropolitan
Washington Airports on the same basis as the landing fees for air
carrier aircraft, except that the Airports Authority may require a
minimum landing fee that is not more than the landing fee for
aircraft weighing 12,500 pounds.
``(11) The Secretary shall include other terms applicable to
the parties to the lease that are consistent with, and carry out,
this chapter.
``(b) Payments.--Under the lease, the Airports Authority must pay
to the general fund of the Treasury annually an amount, computed using
the GNP Price Deflator, equal to $3,000,000 in 1987 dollars. The
Secretary and the Airports Authority may renegotiate the level of lease
payments attributable to inflation costs every 10 years.
``(c) Enforcement of Lease Provisions.--The district courts of the
United States have jurisdiction to compel the Airports Authority and
its officers and employees to comply with the terms of the lease. The
Attorney General or an aggrieved party may bring an action on behalf of
the Government.
``(d) Extension of Lease.--The Secretary and the Airports Authority
may at any time negotiate an extension of the lease.
``Sec. 49105. Capital improvements, construction, and rehabilitation
``(a) Sense of Congress.--It is the sense of Congress that the
Metropolitan Washington Airports Authority--
``(1) should pursue the improvement, construction, and
rehabilitation of the facilities at Washington Dulles International
Airport and Washington National Airport simultaneously; and
``(2) to the extent practicable, should cause the improvement,
construction, and rehabilitation proposed by the Secretary of
Transportation to be completed at Washington Dulles International
Airport and Washington National Airport within 5 years after March
30, 1988.
``(b) Secretary's Assistance.--The Secretary shall assist the 3
airports serving the District of Columbia metropolitan area in planning
for operational and capital improvements at those airports and shall
accelerate consideration of applications for United States Government
financial assistance by whichever of the 3 airports is most in need of
increasing airside capacity.
``Sec. 49106. Metropolitan Washington Airports Authority
``(a) Status.--The Metropolitan Washington Airports Authority shall
be--
``(1) a public body corporate and politic with the powers and
jurisdiction--
``(A) conferred upon it jointly by the legislative
authority of Virginia and the District of Columbia or by either
of them and concurred in by the legislative authority of the
other jurisdiction; and
``(B) that at least meet the specifications of this section
and section 49108 of this title;
``(2) independent of Virginia and its local governments, the
District of Columbia, and the United States Government; and
``(3) a political subdivision constituted only to operate and
improve the Metropolitan Washington Airports as primary airports
serving the Metropolitan Washington area.
``(b) General Authority.--(1) The Airports Authority shall be
authorized--
``(A) to acquire, maintain, improve, operate, protect, and
promote the Metropolitan Washington Airports for public purposes;
``(B) to issue bonds from time to time in its discretion for
public purposes, including paying any part of the cost of airport
improvements, construction, and rehabilitation and the acquisition
of real and personal property, including operating equipment for
the airports;
``(C) to acquire real and personal property by purchase, lease,
transfer, or exchange;
``(D) to exercise the powers of eminent domain in Virginia that
are conferred on it by Virginia;
``(E) to levy fees or other charges; and
``(F) to make and maintain agreements with employee
organizations to the extent that the Federal Aviation
Administration was authorized to do so on October 18, 1996.
``(2) Bonds issued under paragraph (1)(B) of this subsection--
``(A) are not a debt of Virginia, the District of Columbia, or
a political subdivision of Virginia or the District of Columbia;
and
``(B) may be secured by the Airports Authority's revenues
generally, or exclusively from the income and revenues of certain
designated projects whether or not any part of the projects are
financed from the proceeds of the bonds.
``(c) Board of Directors.--(1) The Airports Authority shall be
governed by a board of directors composed of the following 13 members:
``(A) 5 members appointed by the Governor of Virginia;
``(B) 3 members appointed by the Mayor of the District of
Columbia;
``(C) 2 members appointed by the Governor of Maryland; and
``(D) 3 members appointed by the President with the advice and
consent of the Senate.
``(2) The chairman of the board shall be appointed from among the
members by majority vote of the members and shall serve until replaced
by majority vote of the members.
``(3) Members of the board shall be appointed by the board for 6
years, except that of the members first appointed by the President
after October 9, 1996, one shall be appointed for 4 years. A member may
serve after the expiration of that member's term until a successor has
taken office.
``(4) A member of the board--
``(A) may not hold elective or appointive political office;
``(B) serves without compensation except for reasonable
expenses incident to board functions; and
``(C) must reside within the Washington Standard Metropolitan
Statistical Area, except that a member of the board appointed by
the President must be a registered voter of a State other than
Maryland, Virginia, or the District of Columbia.
``(5) A vacancy in the board shall be filled in the manner in which
the original appointment was made. A member appointed to fill a vacancy
occurring before the expiration of the term for which the member's
predecessor was appointed shall be appointed only for the remainder of
that term.
``(6)(A) Not more than 2 of the members of the board appointed by
the President may be of the same political party.
``(B) In carrying out their duties on the board, members appointed
by the President shall 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
member
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s referred to in paragraph (1)(D) are appointed.
``(D) A member appointed by the President may be removed by the
President for cause.
``(7) Eight votes are required to approve bond issues and the
annual budget.
``(d) Conflicts of Interest.--Members of the board and their
immediate families may not be employed by or otherwise hold a
substantial financial interest in any enterprise that has or is seeking
a contract or agreement with the Airports Authority or is an
aeronautical, aviation services, or airport services enterprise that
otherwise has interests that can be directly affected by the Airports
Authority. The official appointing a member may make an exception if
the financial interest is completely disclosed when the member is
appointed and the member does not participate in board decisions that
directly affect the interest.
``(e) Certain Actions To Be Taken by Regulation.--An action of the
Airports Authority changing, or having the effect of changing, the
hours of operation of, or the type of aircraft serving, either of the
Metropolitan Washington Airports may be taken only by regulation of the
Airports Authority.
``(f) Administrative.--To assist the Secretary in carrying out this
chapter, the Secretary may hire 2 staff individuals to be paid by the
Airports Authority. The Airports Authority shall provide clerical and
support staff that the Secretary may require.
``(g) Review of Contracting Procedures.--The Comptroller General
shall review contracts of the Airports Authority to decide whether the
contracts were awarded by procedures that follow sound Government
contracting principles and comply with section 49104(a)(4) of this
title. The Comptroller General shall submit periodic reports of the
conclusions reached as a result of the review to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.
``Sec. 49107. Federal employees at Metropolitan Washington Airports
``(a) Labor Agreements.--(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 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 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
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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) is amended to read as follows:
``(1) in subparagraph (B) `that extends the economic life of a
bus for at least 5 years'; and
``(2) in subparagraph (C), `that extends the economic life of a
bus for at least 8 years'.''.
(b) Effective July 2, 1996, section 2(c) of the Anti-Car Theft
Improvements Act of 1996 (Public Law 104-152; 110 Stat. 1384) is
amended by striking ``sections 30502 and 30503'' and substituting
``sections 30501(6), 30502, 30503, and 30504(a)(1)''.
(c) Effective October 9, 1996, the Federal Aviation Reauthorization
Act of 1996 (Public Law 104-264; 110 Stat. 3213) is amended as follows:
(1) Section 123 is amended as follows:
(A) Subsection (b)(6) is amended to read as follows:
``(6) in subparagraph (B), as so redesignated, by striking `at
least 2.25' and all that follows through `1996,' and inserting `at
least 4 percent for each of fiscal years 1997 and 1998'; and''.
(B) Add at the end the following:
``(d) Conforming Cross-Reference.--Section 47117(e)(1)(A), as
redesignated by subsection (b)(3) of this section, is amended by
striking `47504(c)(1)' and substituting `47504(c)'.''.
(2) Section 124 is amended by striking subsection (d).
(3) Section 276 is amended by adding at the end the following:
``(c) Conforming Cross-Reference.--Section 106(g)(1)(A) is amended
by striking `45302, 45303' and substituting `45302-45304'.''.
(4) Sections 502(c) and 1220(b) are repealed.
(d) Effective October 11, 1996--
(1) Section 5 of the Act of October 11, 1996 (Public Law 104-
287; 110 Stat. 3388), is amended as follows:
(A) In clause (45)(A), strike ``enforcement,''
and substitute ``enforcement:''.
(B) Clause (69) is amended to read as follows:
``(69)(A) Add at the end of chapter 401 the following:
`Sec. 40124. Interstate agreements for airport facilities
`Congress consents to a State making an agreement, not in conflict
with a law of the United States, with another State to develop or
operate an airport facility.'.
``(B) In the analysis for chapter 401, add at the end the
following:
`40124. Interstate agreements for airport facilities.'.''.
(C) Clause (76) is repealed.
(D) Clause (79) is amended to read as follows:
``(79) In section 46316(b), strike `and sections 44701(a) and
(b), 44702-44716, 44901, 44903(b) and (c), 44905, 44906, 44912-
44915, and 44932-44938' and substitute `chapter 447 (except section
44718(a)), and chapter 449 (except sections 44902, 44903(d), 44904,
and 44907-44909)'.''.
(E) Clause (84) is repealed.
(2) Section 8 of the Act of October 11, 1996 (Public Law 104-
287; 110 Stat. 3400), is amended as follows:
(A) In paragraph (1), strike ``(77), (78)'' and substitute
``(77)-(79)''.
(B) Paragraph (2) is amended to read as follows:
``(2) The amendments made by section 5(81)(B), (82)(A), and (83)(A)
shall take effect on September 30, 1998.''.
(e) The General Aviation Revitalization Act of 1994 (Public Law
103-298; 108 Stat. 1552) is amended as follows:
(1) In section 2(c), strike ``the Federal Aviation Act of 1958
(49 U.S.C. App. 1301 et seq.)'' and substitute ``part A of subtitle
VII of title 49, United States Code,''.
(2) In section 3--
(A) in paragraph (1), strike ``section 101(5) of the
Federal Aviation Act of 1958 (49 U.S.C. 1301(5))'' and
substitute ``section 40102(a)(6) of title 49, United States
Code'';
(B) in paragraph (2), strike ``section 603(c) of the
Federal Aviation Act of 1958 (49 U.S.C. 1423(c))'' and
substitute ``section 44704(c)(1) of title 49, United States
Code,''; and
(C) in paragraph (4), strike ``section 603(a) of the
Federal Aviation Act of 1958 (49 U.S.C. 1423(a))'' and
substitute ``section 44704(a) of title 49, United States
Code,''.
(f) The amendments made by subsections (a) through (d) of this
section shall take effect as if included in the provisions of the Acts
to which the amendments relate.
SEC. 4. LEGISLATIVE PURPOSE AND CONSTRUCTION.
(a) No Substantive Change.--This Act restates, without substantive
change, laws enacted before May 1, 1997, that were replaced by this
Act. This Act may not be construed as making a substantive change in
the laws replaced. Laws enacted after April 30, 1997, that are
inconsistent with this Act supersede this Act to the extent of the
inconsistency.
(b) References.--A reference to a law replaced by this Act,
including a reference in a regulation, order, or other law, is deemed
to refer to the corresponding provision enacted by this Act.
(c) Continuing Effect.--An order, rule, or regulation in effect
under a law replaced by this Act continues in effect under the
corresponding provision enacted by this Act until repealed, amended, or
superseded.
(d) Actions and Offenses Under Prior Law.--An action taken or an
offense committed under a law replaced by this Act is deemed to have
been taken or committed under the corresponding provision enacted by
this Act.
(e) Inferences.--An inference of a legislative construction is not
to be drawn by reason of the location in the United States Code of a
provision enacted by this Act or by reason of a caption or catch line
of the provision.
(f) Severability.--If a provision enacted by this Act is held
invalid, all valid provisions that are severable from the invalid
provision remain in effect. If a provision enacted by this Act is held
invalid in any of its applications, the provision remains valid for all
valid applications that are severable from any of the invalid
applications.
SEC. 5. REPEALS.
(a) Inferences of Repeal.--The repeal of a law by this Act may not
be construed as a legislative inference that the provision was or was
not in effect before its repeal.
(b) Repealer Schedule.--The laws specified in the following
schedule are repealed, except for rights and duties that matured,
penalties that were incurred, and proceedings that were begun before
the date of enactment of this Act:
Schedule of Laws Repealed
Statutes at Large
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Statutes at Large U.S. Code
Date Chapter or Public Law Section --------------------------------------------------------
Volume Page Title Section
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5c7
-----------------------------------
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.................... ..... ..............
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Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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