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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[[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. 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,


    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''.


    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--


            (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 
            (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 
            (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 
            (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 
            (26) Insert after part C of subtitle VII the following:

                        ``PART D--PUBLIC AIRPORTS


``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 

``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 
            ``(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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