Home > 105th Congressional Public Laws > Pub.L. 105-103 To waive time limitations specified by law in order to allow the Medal of Honor to be awarded to Robert R. Ingram of Jacksonville, Florida, for acts of valor while a Navy Hospital Corpsman in the Republic of Vietnam during the Vietnam confl...Pub.L. 105-103 To waive time limitations specified by law in order to allow the Medal of Honor to be awarded to Robert R. Ingram of Jacksonville, Florida, for acts of valor while a Navy Hospital Corpsman in the Republic of Vietnam during the Vietnam confl...
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CODIFICATION OF TRANSPORTATION LAWS
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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''.
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(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.
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``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.
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``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.
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``(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,
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