
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 231(i)]
[CITE: 49USC49106]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                         PART D--PUBLIC AIRPORTS
 
              CHAPTER 491--METROPOLITAN WASHINGTON AIRPORTS
 
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, 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 
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.

(Added Pub. L. 105-102, Sec. 2(26), Nov. 20, 1997, 111 Stat. 2210; 
amended Pub. L. 105-225, Sec. 7(c)(1)(A), (B), Aug. 12, 1998, 112 Stat. 
1511.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
49106(a)..............................  (uncodified).                    Oct. 1
8, 1986, Pub. L. 99-500, title
                                                                          VI, S
ec.  6007(a), (b), 100 Stat. 1783-
                                                                          379.
                                                                         Oct. 3
0, 1986, Pub. L. 99-591, title
                                                                          VI, S
ec.  6007(a), (b), 100 Stat. 3341-
                                                                          382.
49106(b)..............................  (uncodified).                    Oct. 1
8, 1986, Pub. L. 99-500, title
                                                                          VI, S
ec.  6007(c), 100 Stat. 1783-379.
                                                                         Oct. 3
0, 1986, Pub. L. 99-591, title
                                                                          VI, S
ec.  6007(c), 100 Stat. 3341-382.
49106(c)..............................  (uncodified).                    Oct. 1
8, 1986, Pub. L. 99-500, title
                                                                          VI, S
ec.  6007(e), 100 Stat. 1783-380;
                                                                          Oct. 
9, 1996, Pub. L. 104-264, title
                                                                          IX, S
ec.  903, 110 Stat. 3275.
                                                                         Oct. 3
0, 1986, Pub. L. 99-591, title
                                                                          VI, S
ec.  6007(e), 100 Stat. 3341-383;
                                                                          Oct. 
9, 1996, Pub. L. 104-264, title
                                                                          IX, S
ec.  903, 110 Stat. 3275.
49106(d)..............................  (uncodified).                    Oct. 1
8, 1986, Pub. L. 99-500, title
                                                                          VI, S
ec.  6007(d) (1st, 2d sentences),
                                                                          100 S
tat. 1783-379.
                                                                         Oct. 3
0, 1986, Pub. L. 99-591, title
                                                                          VI, S
ec.  6007(d) (1st, 2d sentences),
                                                                          100 S
tat. 3341-382.
49106(e)..............................  (uncodified).                    Oct. 1
8, 1986, Pub. L. 99-500, title
                                                                          VI, S
ec.  6007(f), 100 Stat. 1783-382;
                                                                          Oct. 
9, 1996, Pub. L. 104-264, title
                                                                          IX, S
ec.  904(a), 110 Stat. 3276.
                                                                         Oct. 3
0, 1986, Pub. L. 99-591, title
                                                                          VI, S
ec.  6007(f), 100 Stat. 3341-385;
                                                                          Oct. 
9, 1996, Pub. L. 104-264, title
                                                                          IX, S
ec.  904(a), 110 Stat. 3276.
49106(f)..............................  (uncodified).                    Oct. 1
8, 1986, Pub. L. 99-500, title
                                                                          VI, S
ec.  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, S
ec.  904(b), 110 Stat. 3276.
                                                                         Oct. 3
0, 1986, Pub. L. 99-591, title
                                                                          VI, S
ec.  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, S
ec.  904(b), 110 Stat. 3276.
49106(g)..............................  (uncodified).                    Oct. 1
8, 1986, Pub. L. 99-500, title
                                                                          VI, S
ec.  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. 3
0, 1986, Pub. L. 99-591, title
                                                                          VI, S
ec.  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.
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---------------------------------

    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.


                               Amendments

    1998--Subsec. (b)(1)(F). Pub. L. 105-225, Sec. 7(c)(1)(A), 
substituted ``1986'' for ``1996''.
    Subsec. (c)(3). Pub. L. 105-225, Sec. 7(c)(1)(B), substituted ``to 
the board'' for ``by the board''.


                    Effective Date of 1998 Amendment

    Pub. L. 105-225, Sec. 7(c)(3), Aug. 12, 1998, 112 Stat. 1512, 
provided that: ``The amendments made by this subsection [amending this 
section and sections 49107 and 49111 of this title and provisions set 
out as a note preceding section 101 of this title] are effective as of 
November 20, 1997.''

                  Section Referred to in Other Sections

    This section is referred to in sections 49103, 49104 of this title.
