49 U.S.C. § 49111 — Relationship to and effect of other laws

Page 1725 TITLE 49—TRANSPORTATION § 49111 out this section, including provisions relating to the time, form, and manner in which any election under this section shall be made. Such an election shall not be effective unless— ‘‘(1) it is made before the employee separates from service with the Metropolitan Washington Airports Authority, but in no event later than 1 year after the regulations under this subsection take effect; and ‘‘(2) it is accompanied by payment of an amount equal to, with respect to all prior service of such em- ployee which is described in subsection (b)(2)— ‘‘(A) the employee deductions that would have been required for such service under chapter 83 or 84 of title 5, U.S.C. (as the case may be) if such elec- tion had then been in effect, minus ‘‘(B) the total employee deductions and contribu- tions under such chapter 83 and 84 (as applicable) that were actually made for such service, taking into account only amounts required to be credited to the Civil Service Retirement and Dis- ability Fund. Any amount under paragraph (2) shall be computed with interest, in accordance with sec- tion 8334(e) of such title 5. ‘‘(d) GOVERNMENT CONTRIBUTIONS.—Whenever a pay- ment under subsection (c)(2) is made by an individual with respect to such individual’s prior service (as de- scribed in subsection (b)(2)), the Metropolitan Wash- ington Airports Authority shall pay into the Civil Service Retirement and Disability Fund any additional contributions for which it would have been liable, with respect to such service, if such individual’s election under this section had then been in effect (and, to the extent of any prior FAA police officer service, as if it had then been the employing agency). Any amount under this subsection shall be computed with interest, in accordance with section 8334(e) of title 5, United States Code. ‘‘(e) CERTIFICATIONS.—The Office of Personnel Man- agement shall accept, for the purpose of this section, the certification of— ‘‘(1) the Metropolitan Washington Airports Author- ity (or its designee) concerning any service performed by an individual as an MWAA police officer; and ‘‘(2) the Federal Aviation Administration (or its designee) concerning any service performed by an in- dividual as an FAA police officer. ‘‘(f) REIMBURSEMENT TO COMPENSATE FOR UNFUNDED LIABILITY.— ‘‘(1) IN GENERAL.—The Metropolitan Washington Airports Authority shall pay into the Civil Service Retirement and Disability Fund an amount (as deter- mined by the Director of the Office of Personnel Man- agement) equal to the amount necessary to reimburse the Fund for any estimated increase in the unfunded liability of the Fund (to the extent the Civil Service Retirement System is involved), and for any esti- mated increase in the supplemental liability of the Fund (to the extent the Federal Employees’ Retire- ment System is involved), resulting from the enact- ment of this section. ‘‘(2) PAYMENT METHOD.—The Metropolitan Wash- ington Airports Authority shall pay the amount so determined in five equal annual installments, with interest (which shall be computed at the rate used in the most recent valuation of the Federal Employees’ Retirement System).’’ [§ 49108. Repealed. Pub. L. 112–95, title I, § 150, Feb. 14, 2012, 126 Stat. 32] 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. § 49109. Nonstop flights An air carrier may not operate an aircraft nonstop in air transportation between Ronald Reagan Washington National Airport and an- other airport that is more than 1,250 statute miles away from Ronald Reagan Washington Na- tional Airport. (Added Pub. L. 105–102, § 2(26), Nov. 20, 1997, 111 Stat. 2213; 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) 49109 .......... (uncodified). Oct. 18, 1986, Pub. L. 99–500, title VI, § 6012, 100 Stat. 1783–385. Oct. 30, 1986, Pub. L. 99–591, title VI, § 6012, 100 Stat. 3341–388. Editorial Notes AMENDMENTS 1998—Pub. L. 105–154 substituted ‘‘Ronald Reagan Washington National Airport’’ for ‘‘Washington Na- tional Airport’’ in two places. § 49110. Use of Dulles Airport Access Highway The Metropolitan Washington Airports Au- thority shall continue in effect and enforce sec- tion 4.2(1) and (2) of the Metropolitan Wash- ington Airports Regulations, as in effect on Feb- ruary 1, 1995. The district courts of the United States have jurisdiction to compel the Airports Authority and its officers and employees to comply with this section. The Attorney General or an aggrieved party may bring an action on behalf of the United States Government. (Added Pub. L. 105–102, § 2(26), Nov. 20, 1997, 111 Stat. 2213.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 49110 .......... (uncodified). Oct. 18, 1986, Pub. L. 99–500, title VI, § 6013, as added Oct. 9, 1996, Pub. L. 104–264, title IX, § 906, 110 Stat. 3277. Oct. 30, 1986, Pub. L. 99–591, title VI, § 6013, as added Oct. 9, 1996, Pub. L. 104–264, title IX, § 906, 110 Stat. 3277. The words ‘‘Except as provided by subsection (b)’’ and ‘‘the requirements of’’ are omitted as unnecessary. § 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 Page 1726 TITLE 49—TRANSPORTATION § 49111 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 au- thorized 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 Air- ports Authority are not subject to the require- ments of any law solely by reason of the reten- tion by the United States Government of the fee simple title to those airports. (c) POLICE POWER.—Virginia shall have concur- rent police power authority over the Metropoli- tan Washington Airports, and the courts of Vir- ginia may exercise jurisdiction over Ronald Reagan Washington National Airport. (d) PLANNING.—(1) The authority of the Na- tional Capital Planning Commission under sec- tion 8722 of title 40 does not apply to the Air- ports Authority. (2) The Airports Authority shall consult with— (A) the Commission and the Advisory Coun- cil on Historic Preservation before under- taking any major alterations to the exterior of the main terminal at Washington Dulles International Airport; and (B) the Commission before undertaking de- velopment that would alter the skyline of Ronald Reagan Washington National Airport when viewed from the opposing shoreline of the Potomac River or from the George Wash- ington Parkway. (Added Pub. L. 105–102, § 2(26), Nov. 20, 1997, 111 Stat. 2213; amended Pub. L. 105–154, § 2(a)(1)(D), Feb. 6, 1998, 112 Stat. 3; Pub. L. 105–225, § 7(c)(1)(D), Aug. 12, 1998, 112 Stat. 1511; Pub. L. 106–181, title II, § 231(j)(1), Apr. 5, 2000, 114 Stat. 115; Pub. L. 107–217, § 3(n)(9), Aug. 21, 2002, 116 Stat. 1303.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 49111(a) ...... (uncodified). Oct. 18, 1986, Pub. L. 99–500, title VI, § 6009(a), 100 Stat. 1783–384. Oct. 30, 1986, Pub. L. 99–591, title VI, § 6009(a), 100 Stat. 3341–387. 49111(b) ...... (uncodified). Oct. 18, 1986, Pub. L. 99–500, title VI, § 6009(b), 100 Stat. 1783–384; Oct. 9, 1996, Pub. L. 104–264, title IX, § 904(c)(1), 110 Stat. 3276. Oct. 30, 1986, Pub. L. 99–591, title VI, § 6009(b), 100 Stat. 3341–387; Oct. 9, 1996, Pub. L. 104–264, title IX, § 904(c)(1), 110 Stat. 3276. 49111(c) ...... (uncodified). Oct. 18, 1986, Pub. L. 99–500, title VI, § 6009(c), 100 Stat. 1783–384. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) Oct. 30, 1986, Pub. L. 99–591, title VI, § 6009(c), 100 Stat. 3341–387. 49111(d) ...... (uncodified). Oct. 18, 1986, Pub. L. 99–500, title VI, § 6009(d), 100 Stat. 1783–384. Oct. 30, 1986, Pub. L. 99–591, title VI, § 6009(d), 100 Stat. 3341–387. 49111(e) ...... (uncodified). Oct. 18, 1986, Pub. L. 99–500, title VI, § 6009(e), 100 Stat. 1783–384. Oct. 30, 1986, Pub. L. 99–591, title VI, § 6009(e), 100 Stat. 3341–388. In subsection (a)(1), the word ‘‘deemed’’ is substituted for ‘‘considered’’ for consistency in the revised title and with other titles of the United States Code. In subsection (e), the text of section 6009(e)(2) of the Metropolitan Washington Airports Act of 1986 (Public Law 99–500, 100 Stat. 1783–385, Public Law 99–591, 100 Stat. 3341–388) is omitted as executed. Editorial Notes REFERENCES IN TEXT Section 6005 of the Metropolitan Washington Airports Act of 1986, referred to in subsec. (a), is section 6005 of Pub. L. 99–500, title VI, Oct. 18, 1986, 100 Stat. 1783–375, and Pub. L. 99–591, title VI, Oct. 30, 1986, 100 Stat. 3341–378, which was classified to section 2454 of former Title 49, Transportation, and was repealed and reen- acted as this section by Pub. L. 105–102, §§ 2(26), 5(b), Nov. 20, 1997, 111 Stat. 2205, 2217. Act of June 29, 1940, ch. 444, 54 Stat. 686, referred to in subsec. (a)(2), was classified to subchapter I (§ 2401 et seq.) of chapter 33 of former Title 49, Transportation, and was omitted from the Code when subtitles II, III, and V to X of Title 49, Transportation, were enacted by Pub. L. 103–272, July 5, 1994, 108 Stat. 745. The First Supplemental Civil Functions Appropria- tions Act, 1941, referred to in subsec. (a)(2), is act Oct. 9, 1940, ch. 780, 54 Stat. 1030. For complete classification of this Act to the Code, see Tables. Act of September 7, 1950, ch. 905, 64 Stat. 770, referred to in subsec. (a)(2), was classified to subchapter II (§ 2421 et seq.) of chapter 33 of former Title 49, Transpor- tation, and was omitted from the Code when subtitles II, III, and V to X of Title 49, Transportation, were en- acted by Pub. L. 103–272, July 5, 1994, 108 Stat. 745. AMENDMENTS 2002—Subsec. (d)(1). Pub. L. 107–217 substituted ‘‘sec- tion 8722 of title 40’’ for ‘‘section 5 of the Act of June 6, 1924 (40 U.S.C. 71d),’’. 2000—Subsec. (e). Pub. L. 106–181 struck out heading and text of subsec. (e). Text read as follows: ‘‘The Ad- ministrator of the Federal Aviation Administration may not increase the number of instrument flight rule takeoffs and landings authorized for air carriers by the High Density Rule (14 CFR 93.121 et seq.) at Ronald Reagan Washington National Airport on October 18, 1986, and may not decrease the number of those take- offs and landings except for reasons of safety.’’ 1998—Subsec. (b). Pub. L. 105–225 substituted ‘‘reten- tion by’’ for ‘‘retention of’’. Subsecs. (c), (d)(2)(B), (e). Pub. L. 105–154 substituted ‘‘Ronald Reagan Washington National Airport’’ for ‘‘Washington National Airport’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–181 applicable only to fis- cal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title. Page 1727 TITLE 49—TRANSPORTATION § 50101 EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–225 effective Nov. 20, 1997, see section 7(c)(3) of Pub. L. 105–225, set out as a note under section 49106 of this title. § 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 in- valid, the remainder of this chapter and the ap- plication 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 Air- ports Act of 1986 (Public Law 99–500; 100 Stat. 1783–380; Public Law 99–599; 100 Stat. 3341–383) be- fore October 9, 1996, remains in effect and may not be set aside only because of a judicial order invalidating certain functions of the Board. (Added Pub. L. 105–102, § 2(26), Nov. 20, 1997, 111 Stat. 2214; amended Pub. L. 118–63, title XI, § 1101(y), May 16, 2024, 138 Stat. 1415.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 49112(a) ...... (uncodified). Oct. 18, 1986, Pub. L. 99–500, title VI, § 6011, 100 Stat. 1783–385; Oct. 9, 1996, Pub. L. 104–264, title IX, § 904(c)(2), 110 Stat. 3276. Oct. 30, 1986, Pub. L. 99–591, title VI, § 6011, 100 Stat. 3341–388; Oct. 9, 1996, Pub. L. 104–264, title IX, § 904(c)(2), 110 Stat. 3276. 49112(b)(1) .. (uncodified). Oct. 18, 1986, Pub. L. 99–500, title VI, § 6014, as added Oct. 9, 1996, Pub. L. 104–264, title IX, § 907, 110 Stat. 3277. Oct. 30, 1986, Pub. L. 99–591, title VI, § 6014, as added Oct. 9, 1996, Pub. L. 104–264, title IX, § 907, 110 Stat. 3277. 49112(b)(2) .. (uncodified). Oct. 9, 1996, Pub. L. 104–264, title IX, § 904(d), 110 Stat. 3276. In subsection (a), the word ‘‘thereby’’ is omitted as surplus. In subsection (b)(1), the words ‘‘the limitations de- scribed in’’ are omitted as unnecessary. Editorial Notes REFERENCES IN TEXT Section 6007(f)(4) of the Metropolitan Washington Airports Act of 1986, referred to in subsec. (b), is section 6007(f)(4) of Pub. L. 99–500, title VI, Oct. 18, 1986, 100 Stat. 1783–379, and Pub. L. 99–591, title VI, Oct. 30, 1986, 100 Stat. 3341–382, which related to a Board of Review and was classified to section 2456(f)(4) of former Title 49, Transportation. Subsec. (f) of section 6007 was re- pealed and subsec. (g) redesignated (f) by Pub. L. 104–264, title IX, § 904(a), Oct. 9, 1996, 110 Stat. 3276. Sec- tion 6007 was subsequently repealed and reenacted as section 49106 of Title 49, Transportation, by Pub. L. 105–102, §§ 2(26), 5(b), Nov. 20, 1997, 111 Stat. 2205, 2217, and does not contain provisions relating to a Board of Review. AMENDMENTS 2024—Subsec. (b). Pub. L. 118–63 struck out par. (2) designation before ‘‘Any action’’ and struck out par. (1) which read as follows: ‘‘If any provision of the Metro- politan Washington Airports Amendments Act of 1996 (title IX of Public Law 104–264; 110 Stat. 3274) or the amendments made by the Act, or the application of that provision to a person, circumstance, or venue, is held invalid by a judicial order, the Secretary of Trans- portation and the Metropolitan Washington Airports Authority shall be subject to section 49108 of this title from the day after the day the order is issued.’’ PART E—MISCELLANEOUS Editorial Notes AMENDMENTS 1996—Pub. L. 104–287, § 5(88)(A), Oct. 11, 1996, 110 Stat. 3398, redesignated part D of this subtitle as this part. CHAPTER 501—BUY-AMERICAN PREFERENCES Sec. 50101. Buying goods produced in the United States. 50102. Restricting contract awards because of dis- crimination against United States goods or services. 50103. Contract preference for domestic firms. 50104. Restriction on airport projects using products or services of foreign countries denying fair market opportunities. 50105. Fraudulent use of ‘‘Made in America’’ label. Editorial Notes AMENDMENTS 1996—Pub. L. 104–287, § 5(88)(B), (C), Oct. 11, 1996, 110 Stat. 3398, redesignated chapter 491 of this title as this chapter and items 49101 to 49105 as 50101 to 50105, respec- tively. § 50101. Buying goods produced in the United States (a) PREFERENCE.—The Secretary of Transpor- tation may obligate an amount that may be ap- propriated to carry out section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 471, or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title for a project only if steel and manufactured goods used in the project are produced in the United States. (b) WAIVER.—The Secretary may waive sub- section (a) of this section if the Secretary finds that— (1) applying subsection (a) would be incon- sistent with the public interest; (2) the steel and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality; (3) when procuring a facility or equipment under section 44502(a)(2) or 44509, subchapter I of chapter 471, or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title— (A) the cost of components and subcompo- nents produced in the United States is more than 60 percent of the cost of all components of the facility or equipment; and (B) final assembly of the facility or equip- ment has occurred in the United States; or (4) including domestic material will increase the cost of the overall project by more than 25 percent. (c) LABOR COSTS.—In this section, labor costs involved in final assembly are not included in calculating the cost of components.