§49106 — Title 49 Transportation | U.S. Code

Summary

Creates the Metropolitan Washington Airports Authority as a public organization that is independent from Virginia, the District of Columbia, and the U.S. government, and that exists only to run and improve the Metropolitan Washington Airports as the main airports for the region. The Authority can buy, fix, run, protect, and promote the airports; issue bonds for airport projects; buy or lease property; use eminent domain in Virginia as Virginia allows; charge fees; and make labor agreements to the same extent the FAA could on October 18, 1986. Bonds it issues are not debts of Virginia, the District of Columbia, or their local governments, and can be backed by the Authority’s general revenues or by income from specific projects whether or not those projects were paid for with the bonds. A 17-member board runs the Authority: 7 members appointed by the Governor of Virginia, 4 by the Mayor of Washington, 3 by the Governor of Maryland, and 3 by the President (with Senate approval). The board picks its chair by majority vote. Members serve 6-year terms (one President appointee first named after October 9, 1996 serves 4 years) and may be reappointed once. Members cannot hold political office, are unpaid except for expenses, must live in the Washington Standard Metropolitan Statistical Area (President appointees must be registered voters of a State other than Maryland, Virginia, or the District), and vacancies are filled the same way the original appointment was made. No more than 2 Presidential appointees may be of the same political party. Presidential appointees can be removed by the President for cause; other appointees can be removed only for cause under their appointing jurisdiction’s law. Ten votes are needed to approve bond issues and the annual budget. Board members and their immediate families must avoid significant financial ties to businesses that contract with or are directly affected by the Authority unless an appointing official allows it after full disclosure and the member does not take part in related decisions. Changes that affect airport hours or the kinds of aircraft serving the airports must be made by Authority regulation. The Secretary may have 2 staff paid by the Authority, and the Authority must provide required clerical support. The Comptroller General must review the Authority’s contracts for proper procurement and report findings to the House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation.

Title 49, §49106

Transportation — Source: USLM XML via OLRC

(a)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)(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)(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;

(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)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)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)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)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. 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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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. 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 District of Columbia” are substituted for “either jurisdiction” for clarity. In subsection (c)(6)(C), the words “the limitations described 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 providing that” are omitted as surplus. In subsection (g), the words “Committee on Transportation and Infrastructure” are substituted for “Committee 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 semicolon 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), substituted “17 members” for “13 members” in introductory 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 reappointment 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 jurisdiction from which the member is appointed.” Subsec. (c)(7). Pub. L. 112–55, § 191(d), substituted “Ten votes” for “Eight votes”. 2000—Subsec. (c)(6)(C), (D). Pub. L. 106–181 redesignated subpar. (D) as (C) and struck out former subpar. (C) which read as follows: “The members to be appointed 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 Airports Authority are subject to the limitations of section 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 AmendmentAmendment by Pub. L. 106–181 applicable only to fiscal 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 subsection [amending this section and section 49107 and 49111 of this title and provisions set out as a note preceding section 101 of this title] are effective as of November 20, 1997.”

§49106 Metropolitan Washington Airports Authority

Summary

Title 49, §49106

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Amendments

Citations & Metadata