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49 U.S.C. § 49104 — Lease of Metropolitan Washington Airports

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 49104 — Lease of Metropolitan Washington Airports

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Stable record: federal_law:legal_authorities:record_usc_144ba2ee95845190edb53798
Source file: Laws/federal/codes/united-states-code/title-49/section-49104-lease-of-metropolitan-washington-airports--4a04a66a3b.md
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Source location: Title 49, Chapter 491, § 49104; chapter-491-metropolitan-washington-airports.md

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**(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; (iii) nonprofit, public use facilities that are not inconsistent with the needs of aviation; or (iv) a business or activity not inconsistent with the needs of aviation that has been approved by the Secretary. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47107/b&num=0&edition=prelim), 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) 11 See References in Text note below. 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,1 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 Ronald Reagan Washington National Airport on October 18, 1986, and may not impose a limitation on the number of passengers taking off or landing at Ronald Reagan Washington National Airport. (D) Subparagraph (C) does not apply to any increase in the number of instrument flight rule takeoffs and landings necessary to implement exemptions granted by the Secretary under section 41718. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8147&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section49106/d&num=0&edition=prelim), 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 Ronald Reagan Washington National Airport; and (B) at Ronald Reagan 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.—** (1) **In general.—** — Subject to paragraph (2), under the lease, the Airports Authority must pay to the general fund of the Treasury annually an amount, computed using the GNP Price Deflator— (A) during the period from 1987 to 2026, equal to $3,000,000 in 1987 dollars; and (B) for 2027 and subsequent years, equal to $15,000,000 in 2027 dollars. (2) **Renegotiation.—** — The Secretary and the Airports Authority shall renegotiate the level of lease payments at least once every 10 years to ensure that in no year the amount specified in paragraph (1)(B) is less than $15,000,000 in 2027 dollars. **(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.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 106 — Federal Aviation Administration

**(a) In General.—** The Federal Aviation Administration is an administration in the Department of Transportation. **(b) Administration Leadership.—** (1) **Administrator.—** (A) *In general.—* — The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate. (B) *Qualifications.—* — The Administrator shall— (i) be a citizen of the United States; (ii) not be an active duty member of the Armed Forces; (iii) not have retired from the Armed Forces within the 7 years preceding nomination; and (iv) have experience in organizational management and a field directly related to aviation. (C) *Fitness.—* — In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office. (D) *Term of office.—* — The term of office for any individual appointed as Administrator shall be 5 years. (E) *Reporting chain.—* — Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation. (2) **Deputy administrator.—** (A) *In general.—* — The Administrator has a Deputy Administrator, who shall be appointed by the President. (B) *Qualifications.—* — The Deputy Administrator shall— (i) be a citizen of the United States; and (ii) have experience in organizational management and a field directly related to aviation. (C) *Fitness.—* — In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to s

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8147 — Employees’ Compensation Fund

**(a)** There is in the Treasury of the United States the Employees’ Compensation Fund which consists of sums that Congress, from time to time, may appropriate for or transfer to it, and amounts that otherwise accrue to it under this subchapter or other statute. The Fund is available without time limit for the payment of compensation and other benefits and expenses, except administrative expenses, authorized by this subchapter or any extension or application thereof, except as otherwise provided by this subchapter or other statute. The Secretary of Labor shall submit annually to the Office of Management and Budget estimates of appropriations necessary for the maintenance of the Fund. For the purpose of this subsection, “administrative expenses” does not include expenses for legal services performed by or for the Secretary under sections 8131 and 8132 of this title. **(b)** Before August 15 of each year, the Secretary shall furnish to each agency and instrumentality of the United States having an employee who is or may be entitled to compensation benefits under this subchapter or any extension or application thereof a statement showing the total cost of benefits and other payments made from the Employees’ Compensation Fund during the preceding July 1 through June 30 expense period on account of the injury or death of employees or individuals under the jurisdiction of the agency or instrumentality. Each agency and instrumentality shall include in its annual budget estimates for the fiscal year beginning in the next calendar year a request for an appropriation in an amount equal to the costs. Sums appropriated pursuant to the request shall be deposited in the Treasury to the credit of the Fund within 30 days after they are available. An agency or instrumentality not depen

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 50104 — Restriction on airport projects using products or services of foreign countries denying fair market opportunities

**(a) Definition and Rules for Construing Section.—** In this section— (1) “project” has the same meaning given that term in [section 47102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47102&num=0&edition=prelim). (2) each foreign instrumentality and each territory and possession of a foreign country administered separately for customs purposes is a separate foreign country. (3) an article substantially produced or manufactured in a foreign country is a product of the country. (4) a service provided by a person that is a national of a foreign country or that is controlled by a national of a foreign country is a service of the country. **(b) Limitation on Use of Available Amounts.—** (1) An amount made available under subchapter I of chapter 471 of this title may not be used for a project that uses a product or service of a foreign country during any period the country is on the list maintained by the United States Trade Representative under subsection (d)(1) of this section. (2) Paragraph (1) of this subsection does not apply when the Secretary of Transportation decides that— (A) applying paragraph (1) to the product, service, or project is not in the public interest; (B) a product or service of the same class or type and of satisfactory quality is not produced or offered in the United States, or in a foreign country not listed under subsection (d)(1) of this section, in a sufficient and reasonably available amount; and (C) the project cost will increase by more than 20 percent if the product or service is excluded. **(c) Decisions on Denial of Fair Market Opportunities.—** Not later than 30 days after a report is submitted to Congress under section 181(b) of the Trade Act of 1974 ([19 U.S.C. 2241(b)](https:

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 49104 — Lease of Metropolitan Washington Air-

Page 1719 TITLE 49—TRANSPORTATION § 49104 § 49103. Definitions In this chapter— (1) ‘‘Airports Authority’’ means the Metro- politan Washington Airports Authority, a pub- lic authority created by Virginia and the Dis- trict of Columbia consistent with the require- ments of section 49106 of this title. (2) ‘‘employee’’ means any permanent Fed- eral Aviation Administration personnel em- ployed by the Metropolitan Washington Air- ports on June 7, 1987. (3) ‘‘Metropolitan Washington Airports’’ means Ronald Reagan Washington National Airport and Washington Dulles International Airport. (4) ‘‘Washington Dulles International Air- port’’ means the airport constructed under the Act of September 7, 1950 (ch. 905, 64 Stat. 770), and includes the Dulles Airport Access High- way and Right-of-way, including the extension between Interstate Routes I–495 and I–66. (5) ‘‘Ronald Reagan Washington National Airport’’ means the airport described in the Act of June 29, 1940 (ch. 444, 54 Stat. 686). (Added Pub. L. 105–102, § 2(26), Nov. 20, 1997, 111 Stat. 2207; amended Pub. L. 105–154, § 2(a)(1)(D), Feb. 6, 1998, 112 Stat. 3.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 49103 .......... (uncodified). Oct. 18, 1986, Pub. L. 99–500, title VI, § 6004, 100 Stat. 1783–374. Oct. 30, 1986, Pub. L. 99–591, title VI, § 6004, 100 Stat. 3341–377. In this section, the text of section 6004(1) and (5) of the Metropolitan Washington Airports Act of 1986 (Pub- lic Law 99–500, 100 Stat. 1783–374, 1783–375, Public Law 99–591, 100 Stat. 3341–378) is omitted as surplus because the complete names of the Administrator of the Fed- eral Aviation Administration and the Secretary of Transportation are used the first time those terms ap-

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