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49 U.S.C. § 49106 — Metropolitan Washington Airports Authority

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

49 U.S.C. § 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; (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 Airp

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Stable record: federal_law:legal_authorities:record_usc_fa3ef7356633286efd88cb20
Source file: Laws/federal/codes/united-states-code/title-49/section-49106-metropolitan-washington-airports-authority--cae5138e4d.md
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Source location: Title 49, Chapter 491, § 49106; chapter-491-metropolitan-washington-airports.md

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**(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; (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 17 members: (A) 7 members appointed by the Governor of Virginia; (B) 4 members appointed by the Mayor of the District of Columbia; (C) 3 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. Any member of the board shall be eligible for reappointment for 1 additional term. A member shall not serve after the expiration of the member’s term(s). (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) A member appointed by the President may be removed by the President for cause. A member appointed by the Mayor of the District of Columbia, the Governor of Maryland or the Governor of Virginia may be removed or suspended from office only for cause and in accordance with the laws of the jurisdiction from which the member is appointed. (7) Ten 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section49104/a/4&num=0&edition=prelim). 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.

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

49 U.S.C. § 101 — Purpose

**(a)** The national objectives of general welfare, economic growth and stability, and security of the United States require the development of transportation policies and programs that contribute to providing fast, safe, efficient, and convenient transportation at the lowest cost consistent with those and other national objectives, including the efficient use and conservation of the resources of the United States. **(b)** A Department of Transportation is necessary in the public interest and to— (1) ensure the coordinated and effective administration of the transportation programs of the United States Government; (2) make easier the development and improvement of coordinated transportation service to be provided by private enterprise to the greatest extent feasible; (3) encourage cooperation of Federal, State, and local governments, carriers, labor, and other interested persons to achieve transportation objectives; (4) stimulate technological advances in transportation, through research and development or otherwise; (5) provide general leadership in identifying and solving transportation problems; and (6) develop and recommend to the President and Congress transportation policies and programs to achieve transportation objectives considering the needs of the public, users, carriers, industry, labor, and national defense.

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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

49 U.S.C. § 49108 — Repealed. Pub. L. 112–95, title I, § 150, Feb. 14, 2012, 126 Stat. 32]

### Statutory Notes Section, added Pub. L. 105–102, § 2(26), Nov. 20, 1997, 111 Stat. 2213; amended Pub. L. 106–181, title II, § 231(h), Apr. 5, 2000, 114 Stat. 115; Pub. L. 108–176, title VIII, § 804, Dec. 12, 2003, 117 Stat. 2587; Pub. L. 110–330, § 5(h), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–12, § 5(g), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, § 5(h), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, § 5(g), Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–153, § 5(g), Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, § 5(g), Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, § 5(g), July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, § 104(g), Aug. 1, 2010, 124 Stat. 2350; Pub. L. 111–249, § 5(h), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 111–329, § 5(g), Dec. 22, 2010, 124 Stat. 3567; Pub. L. 112–7, § 5(g), Mar. 31, 2011, 125 Stat. 32; Pub. L. 112–16, § 5(g), May 31, 2011, 125 Stat. 219; Pub. L. 112–21, § 5(g), June 29, 2011, 125 Stat. 234; Pub. L. 112–27, § 5(g), Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–30, title II, § 205(h), Sept. 16, 2011, 125 Stat. 358; Pub. L. 112–91, § 5(h), Jan. 31, 2012, 126 Stat. 4, related to limitations on Secretary of Transportation’s authority to approve an application of the Metropolitan Washington Airports Authority.

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

49 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section49106&num=0&edition=prelim). (2) “employee” means any permanent Federal Aviation Administration personnel employed by the Metropolitan Washington Airports on June 7, 1987. (3) “Metropolitan Washington Airports” means Ronald Reagan 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) “Ronald Reagan Washington National Airport” means the airport described in the Act of June 29, 1940 (ch. 444, 54 Stat. 686).

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

49 U.S.C. § 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 III 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 49107

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

49 U.S.C. § 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 by 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 Ronald Reagan Washington National Airport. **(d) Planning.—** (1) The authority of the National Capital Planning Commission under [section 8722 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section8722&num=0&edition=prelim) does not apply to the Airports Authority. (2) The Airports Authority shall consult with— (A) the Commission and the Adviso

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

49 U.S.C. § 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.—** 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.

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

49 U.S.C. § 49106 — Metropolitan Washington Airports Au-

Page 1722 TITLE 49—TRANSPORTATION § 49106 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 49105(a) ...... (uncodified). Oct. 18, 1986, Pub. L. 99–500, title VI, § 6006(a), 100 Stat. 1783–378. Oct. 30, 1986, Pub. L. 99–591, title VI, § 6006(a), 100 Stat. 3341–381. 49105(b) ...... (uncodified). Oct. 18, 1986, Pub. L. 99–500, title VI, § 6006(b), 100 Stat. 1783–379. Oct. 30, 1986, Pub. L. 99–591, title VI, § 6006(b), 100 Stat. 3341–382. Editorial Notes PRIOR PROVISIONS A prior section 49105 was renumbered section 50105 of this title. AMENDMENTS 1998—Subsec. (a)(1), (2). Pub. L. 105–154 substituted ‘‘Ronald Reagan Washington National Airport’’ for ‘‘Washington National Airport’’. § 49106. Metropolitan Washington Airports Au- thority (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 legis- lative authority of Virginia and the District of Columbia or by either of them and con- curred in by the legislative authority of the other jurisdiction; and (B) that at least meet the specifications of this section; (2) independent of Virginia and its local gov- ernments, 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 serv- ing the Metropolitan Washington area. (b) GENERAL AUTHORITY.—(1) The Airports Au- thority shall be authorized— (A) to acquire, maintain, improve, operate, protect, and promote the Metropolitan Wash- ington Airports for public purposes; (B) to issue bonds from time to time in its discretion for public purposes, including

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 49106

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