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 pay- ing any part of the cost of airport improve- ments, construction, and rehabilitation and the acquisition of real and personal property, including operating equipment for the air- ports; (C) to acquire real and personal property by purchase, lease, transfer, or exchange; (D) to exercise the powers of eminent do- main 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 author- ized 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 Vir- ginia 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 des- ignated projects whether or not any part of the projects are financed from the proceeds of the bonds. (c) BOARD OF DIRECTORS.—(1) The Airports Au- thority 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 ap- pointed from among the members by majority vote of the members and shall serve until re- placed by majority vote of the members. (3) Members of the board shall be appointed to the board for 6 years, except that of the mem- bers first appointed by the President after Octo- ber 9, 1996, one shall be appointed for 4 years. Any member of the board shall be eligible for re- appointment for 1 additional term. A member shall not serve after the expiration of the mem- ber’s term(s). (4) A member of the board— (A) may not hold elective or appointive po- litical office; (B) serves without compensation except for reasonable expenses incident to board func- tions; and (C) must reside within the Washington Standard Metropolitan Statistical Area, ex- cept 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 oc- curring 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 en- sure 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 mem- ber appointed by the Mayor of the District of Columbia, the Governor of Maryland or the Gov- ernor 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 fi- nancial interest in any enterprise that has or is seeking a contract or agreement with the Air- Page 1723 TITLE 49—TRANSPORTATION § 49106 ports Authority or is an aeronautical, aviation services, or airport services enterprise that oth- erwise has interests that can be directly affected by the Airports Authority. The official appoint- ing a member may make an exception if the fi- nancial 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 REGULA- TION.—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 Air- ports Authority. The Airports Authority shall provide clerical and support staff that the Sec- retary 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 fol- low sound Government contracting principles and comply with section 49104(a)(4) of this title. 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 Representa- tives and the Committee on Commerce, Science, and Transportation of the Senate. (Added Pub. L. 105–102, § 2(26), Nov. 20, 1997, 111 Stat. 2210; amended Pub. L. 105–225, § 7(c)(1)(A), (B), Aug. 12, 1998, 112 Stat. 1511; Pub. L. 106–181, title II, § 231(i), Apr. 5, 2000, 114 Stat. 115; Pub. L. 112–55, div. C, title I, § 191, Nov. 18, 2011, 125 Stat. 671; Pub. L. 118–63, title XI, § 1101(x), May 16, 2024, 138 Stat. 1414.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 49106(a) ...... (uncodified). Oct. 18, 1986, Pub. L. 99–500, title VI, § 6007(a), (b), 100 Stat. 1783–379. Oct. 30, 1986, Pub. L. 99–591, title VI, § 6007(a), (b), 100 Stat. 3341–382. 49106(b) ...... (uncodified). Oct. 18, 1986, Pub. L. 99–500, title VI, § 6007(c), 100 Stat. 1783–379. Oct. 30, 1986, Pub. L. 99–591, title VI, § 6007(c), 100 Stat. 3341–382. 49106(c) ...... (uncodified). Oct. 18, 1986, Pub. L. 99–500, title VI, § 6007(e), 100 Stat. 1783–380; Oct. 9, 1996, Pub. L. 104–264, title IX, § 903, 110 Stat. 3275. Oct. 30, 1986, Pub. L. 99–591, title VI, § 6007(e), 100 Stat. 3341–383; Oct. 9, 1996, Pub. L. 104–264, title IX, § 903, 110 Stat. 3275. 49106(d) ...... (uncodified). Oct. 18, 1986, Pub. L. 99–500, title VI, § 6007(d) (1st, 2d sentences), 100 Stat. 1783–379. Oct. 30, 1986, Pub. L. 99–591, title VI, § 6007(d) (1st, 2d sentences), 100 Stat. 3341–382. 49106(e) ...... (uncodified). Oct. 18, 1986, Pub. L. 99–500, title VI, § 6007(f), 100 Stat. 1783–382; Oct. 9, 1996, Pub. L. 104–264, title IX, § 904(a), 110 Stat. 3276. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) Oct. 30, 1986, Pub. L. 99–591, title VI, § 6007(f), 100 Stat. 3341–385; Oct. 9, 1996, Pub. L. 104–264, title IX, § 904(a), 110 Stat. 3276. 49106(f) ....... (uncodified). Oct. 18, 1986, Pub. L. 99–500, title VI, § 6007(h), 100 Stat. 1783–382; Dec. 18, 1991, Pub. L. 102–240, title VII, § 7002(e), 105 Stat. 2200; Oct. 9, 1996, Pub. L. 104–264, title IX, § 904(b), 110 Stat. 3276. Oct. 30, 1986, Pub. L. 99–591, title VI, § 6007(h), 100 Stat. 3341–385; Dec. 18, 1991, Pub. L. 102–240, title VII, § 7002(e), 105 Stat. 2200; Oct. 9, 1996, Pub. L. 104–264, title IX, § 904(b), 110 Stat. 3276. 49106(g) ...... (uncodified). Oct. 18, 1986, Pub. L. 99–500, title VI, § 6007(g), as added Dec. 18, 1991, Pub. L. 102–240, title VII, § 7002(h), 105 Stat. 2202; Oct. 9, 1996, Pub. L. 104–264, title IX, § 904(a), 110 Stat. 3276. Oct. 30, 1986, Pub. L. 99–591, title VI, § 6007(g), as added Dec. 18, 1991, Pub. L. 102–240, title VII, § 7002(h), 105 Stat. 2202; Oct. 9, 1996, Pub. L. 104–264, title IX, § 904(a), 110 Stat. 3276. In subsection (b)(2)(A), the words ‘‘Virginia, the Dis- trict of Columbia’’ are substituted for ‘‘either jurisdic- tion’’ for clarity. In subsection (c)(6)(C), the words ‘‘the limitations de- scribed in’’ are omitted as unnecessary. The word ‘‘until’’ is substituted for ‘‘for the period beginning on October 1, 1997, and ending on the first day on which’’ to eliminate unnecessary words. In subsection (d), the words ‘‘The Airports Authority shall be subject to a conflict-of-interest provision pro- viding that’’ are omitted as surplus. In subsection (g), the words ‘‘Committee on Transpor- tation and Infrastructure’’ are substituted for ‘‘Com- mittee on Public Works and Transportation’’ because of the amendment of clause 1(q) of Rule X of the Rules of the House of Representatives by section 202(a) of H. Res. 6, approved January 4, 1995. Editorial Notes AMENDMENTS 2024—Subsec. (a)(1)(B). Pub. L. 118–63, § 1101(x)(1), struck out ‘‘and section 49108 of this title’’ before semi- colon at end. Subsec. (c)(6)(C). Pub. L. 118–63, § 1101(x)(2), inserted ‘‘the’’ before ‘‘jurisdiction’’. 2011—Subsec. (c)(1). Pub. L. 112–55, § 191(a)(1), sub- stituted ‘‘17 members’’ for ‘‘13 members’’ in introduc- tory provisions. Subsec. (c)(1)(A). Pub. L. 112–55, § 191(a)(2), substituted ‘‘7 members’’ for ‘‘5 members’’. Subsec. (c)(1)(B). Pub. L. 112–55, § 191(a)(3), substituted ‘‘4 members’’ for ‘‘3 members’’. Subsec. (c)(1)(C). Pub. L. 112–55, § 191(a)(4), substituted ‘‘3 members’’ for ‘‘2 members’’. Subsec. (c)(3). Pub. L. 112–55, § 191(b), substituted ‘‘Any member of the board shall be eligible for re- appointment for 1 additional term. A member shall not serve after the expiration of the member’s term(s).’’ for ‘‘A member may serve after the expiration of that member’s term until a successor has taken office.’’ Subsec. (c)(6)(C). Pub. L. 112–55, § 191(c), inserted at end ‘‘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 juris- diction from which the member is appointed.’’ Subsec. (c)(7). Pub. L. 112–55, § 191(d), substituted ‘‘Ten votes’’ for ‘‘Eight votes’’. 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