49 U.S.C. § 49107 — Untitled legal text

Page 1724 TITLE 49—TRANSPORTATION § 49107 2000—Subsec. (c)(6)(C), (D). Pub. L. 106–181 redesig- nated subpar. (D) as (C) and struck out former subpar. (C) which read as follows: ‘‘The members to be ap- pointed under paragraph (1)(D) of this subsection must be appointed before October 1, 1997. If the deadline is not met, the Secretary of Transportation and the Air- ports Authority are subject to the limitations of sec- tion 49108 of this title until all members referred to in paragraph (1)(D) are appointed.’’ 1998—Subsec. (b)(1)(F). Pub. L. 105–225, § 7(c)(1)(A), substituted ‘‘1986’’ for ‘‘1996’’. Subsec. (c)(3). Pub. L. 105–225, § 7(c)(1)(B), substituted ‘‘to the board’’ for ‘‘by the board’’. 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. EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–225, § 7(c)(3), Aug. 12, 1998, 112 Stat. 1512, provided that: ‘‘The amendments made by this sub- section [amending this section and sections 49107 and 49111 of this title and provisions set out as a note pre- ceding section 101 of this title] are effective as of No- vember 20, 1997.’’ § 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 collec- tive bargaining rights enjoyed by transferred employees retained by the Airports Authority. (b) CIVIL SERVICE RETIREMENT.—Any Federal employee who transferred to the Airports Au- thority 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 chap- ter 83 and chapter 84, employment by the Air- ports Authority without a break in continuity of service is deemed to be employment by the United States Government. The Airports Au- thority 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 sub- chapter III of chapter 83 and chapter 84. (c) ACCESS TO RECORDS.—The Airports Author- ity 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 re- lated to the period before June 7, 1987. The Sec- retary shall provide the Airports Authority ac- cess to employee records of transferring employ- ees for appropriate purposes. (Added Pub. L. 105–102, § 2(26), Nov. 20, 1997, 111 Stat. 2212; amended Pub. L. 105–225, § 7(c)(1)(C), Aug. 12, 1998, 112 Stat. 1511.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 49107(a) ...... (uncodified). Oct. 18, 1986, Pub. L. 99–500, title VI, § 6008(a)–(d), (f), 100 Stat. 1783–382, 1783–383. Oct. 30, 1986, Pub. L. 99–591, title VI, § 6008(a)–(d), (f), 100 Stat. 3341–385, 3341–387. 49107(b) ...... (uncodified). Oct. 18, 1986, Pub. L. 99–500, title VI, § 6008(e), 100 Stat. 1783–383. Oct. 30, 1986, Pub. L. 99–591, title VI, § 6008(e), 100 Stat. 3341–386. 49107(c) ...... (uncodified). Oct. 18, 1986, Pub. L. 99–500, title VI, § 6008(g), 100 Stat. 1783–384. Oct. 30, 1986, Pub. L. 99–591, title VI, § 6008(g), 100 Stat. 3341–387. In subsection (a)(1), the text of section 6008(a), (b)(2d and last sentences), (c), (d), and (f) of the Metropolitan Washington Airports Act of 1986 (Public Law 99–500, 100 Stat, 1783–382, 1783–383, Public Law 99–591, 100 Stat. 3341–385, 3341–386, 3341–387) is omitted as obsolete. In subsection (c), the words ‘‘duty or power’’ are sub- stituted for ‘‘functions’’ for consistency in the revised title and with other titles of the United States Code. Editorial Notes AMENDMENTS 1998—Subsec. (b). Pub. L. 105–225 substituted ‘‘is sub- ject to subchapter III’’ for ‘‘is subject to subchapter II’’. Statutory Notes and Related Subsidiaries 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. RETIREMENT PROVISIONS RELATING TO CERTAIN MEM- BERS OF POLICE FORCE OF METROPOLITAN WASH- INGTON AIRPORTS AUTHORITY Pub. L. 106–554, § 1(a)(3) [title VI, § 636], Dec. 21, 2000, 114 Stat. 2763, 2763A–164, provided that: ‘‘(a) QUALIFIED MWAA POLICE OFFICER DEFINED.—For purposes of this section, the term ‘qualified MWAA po- lice officer’ means any individual who, as of the date of the enactment of this Act [Dec. 21, 2000]— ‘‘(1) is employed as a member of the police force of the Metropolitan Washington Airports Authority (hereafter in this section referred to as an ‘MWAA po- lice officer’); and ‘‘(2) is subject to the Civil Service Retirement Sys- tem or the Federal Employees’ Retirement System by virtue of section 49107(b) of title 49, United States Code. ‘‘(b) ELIGIBILITY TO BE TREATED AS A LAW ENFORCE- MENT OFFICER FOR RETIREMENT PURPOSES.— ‘‘(1) IN GENERAL.—Any qualified MWAA police offi- cer may, by written election submitted in accordance with applicable requirements under subsection (c), elect to be treated as a law enforcement officer (with- in the meaning of section 8331 or 8401 of title 5, United States Code, as applicable), and to have all prior service described in paragraph (2) similarly treated. ‘‘(2) PRIOR SERVICE DESCRIBED.—The service de- scribed in this paragraph is all service which an indi- vidual performed, prior to the effective date of such individual’s election under this section, as— ‘‘(A) an MWAA police officer; or ‘‘(B) a member of the police force of the Federal Aviation Administration (hereafter in this section referred to as an ‘FAA police officer’). ‘‘(c) REGULATIONS.—The Office of Personnel Manage- ment shall prescribe any regulations necessary to carry 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