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Current through October 23, 2012
(a) The Airports Authority shall be a public body corporate and politic, having the powers and jurisdiction as are conferred upon it jointly by the legislative authority of the Commonwealth of Virginia and the District of Columbia or by either of the jurisdictions and concurred in by the legislative authority of the other jurisdiction, but at a minimum meeting the requirements of this section.
(b) The Airports Authority shall be:
(1) Independent of the Commonwealth of Virginia and its local governments, the District of Columbia, and the federal government; and
(2) A political subdivision constituted solely to operate and improve both Metropolitan Washington Airports as primary airports serving the Metropolitan Washington area.
(c) The Airports Authority shall be authorized:
(1) To acquire, maintain, improve, operate, protect, and promote the Metropolitan Washington Airports for public purposes;
(2) To issue bonds from time to time in its discretion for public purposes, including the purposes of paying all or 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, which bonds:
(A) Shall not constitute a debt of either jurisdiction or a political subdivision thereof; 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 they are financed in whole or in part from the proceeds of such bonds;
(3) To acquire real and personal property by purchase, lease, transfer, or exchange, and to exercise such powers of eminent domain within the Commonwealth of Virginia as are conferred upon it by the Commonwealth of Virginia;
(4) To levy fees or other charges; and
(5) To make and maintain agreements with employee organizations to the extent that the Federal Aviation Administration is so authorized on October 30, 1986.
(d) The Airports Authority shall be subject to a conflict-of-interest provision providing that 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. Exceptions to requirements of the preceding sentence may be made by the official appointing a member at the time the member is appointed, if the financial interest is fully disclosed and so long as the member does not participate in board decisions that directly affect such interest. The Airports Authority shall include in its code developed under § 9-1004(c)(8) the standards by which members will determine what constitutes a substantial financial interest and the circumstances under which an exception may be granted.
(e)(1) The Airports Authority shall be governed by a board of directors of 11 members, as follows:
(A) Five members shall be appointed by the Governor of Virginia;
(B) Three members shall be appointed by the Mayor of the District of Columbia;
(C) Two members shall be appointed by the Governor of Maryland; and
(D) One member shall be appointed by the President with the advice and consent of the Senate.
The Chairman shall be appointed from among the members by majority vote of the members and shall serve until replaced by majority vote of the members.
(2) Members shall (A) not hold elective or appointive political office, (B) serve without compensation other than for reasonable expenses incident to board functions, and (C) reside within the Washington Standard Metropolitan Statistical Areas, except that the member appointed by the President shall not be required to reside in that area.
(3) Members shall be appointed to the board for a term of 6 years, except that of members first appointed:
(A) By the Governor of Virginia, 2 shall be appointed for 4 years and 2 shall be appointed for 2 years;
(B) By the Mayor of the District of Columbia, 1 shall be appointed for 4 years and 1 shall be appointed for 2 years; and
(C) By the Governor of Maryland, 1 shall be appointed for 4 years.
(4) A member of the board appointed by the President shall be subject to removal by the President for cause.
(5) Seven votes shall be required to approve bond issues and the annual budget.
(f)(1) The board of directors shall be subject to review of its actions and to requests, in accordance with this subsection, by a Board of Review of the Airports Authority. Such Board of Review shall be established by the board of directors and shall consist of the following, in their individual capacities, as representatives of users of the Metropolitan Washington Airports:
(A) Two members of the Public Works and Transportation Committee and 2 members of the Appropriations Committee of the House of Representatives from a list provided by the Speaker of the House;
(B) Two members of the Commerce, Science, and Transportation Committee and 2 members of the Appropriations Committee of the Senate from a list provided by the President pro tempore of the Senate; and
(C) One member chosen alternately from members of the House of Representatives and members of the Senate, from a list provided by the Speaker of the House or the President pro tempore of the Senate, respectively. The members of the Board of Review shall elect a chairman. A member of the House of Representatives or the Senate from Maryland or Virginia and the Delegate from the District of Columbia may not serve on the Board of Review.
(2) Members of the Board of Review appointed under subparagraphs (A) and (B) of paragraph (1) of this subsection shall be appointed for terms of 6 years, except that of the members first appointed, 1 member under each of subparagraphs (A) and (B) of paragraph (1) of this subsection shall be appointed for a term of 2 years and 1 member under each of subparagraphs (A) and (B) of paragraph (1) of this subsection shall be appointed for a term of 4 years. Members of the Board of Review appointed under subparagraph (C) of paragraph (1) of this subsection shall be appointed for terms of 2 years. A vacancy in the Board shall be filled in the same manner in which the original appointment was made. Any member appointed to fill a vacancy before the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term.
(3) The Board of Review shall establish procedures for conducting its business. The procedures may include requirements for a quorum at meetings and for proxy voting. The Board shall meet at least once each year and shall meet at the call of the chairman or 3 members of the Board. Any decision of the Board of Review under paragraph (4) or (5) of this subsection shall be by a vote of 5 members of the Board.
(4)(A) An action of the Airports Authority described in subparagraph (B) of this paragraph shall be submitted to the Board of Review at least 30 days (or at least 60 days in the case of the annual budget) before it is to become effective.
(B) The following are the actions referred to in subparagraph (A) of this paragraph:
(i) The adoption of an annual budget;
(ii) The authorization for the issuance of bonds;
(iii) The adoption, amendment, or repeal of a regulation;
(iv) The adoption or revision of a master plan, including any proposal for land acquisition; and
(v) The appointment of the chief executive officer.
(C) If the Board of Review does not disapprove an action within 30 days of its submission under this paragraph, the action may take effect. If the Board of Review disapproves any such action, it shall notify the Airports Authority and shall give reasons for the disapproval.
(D) An action disapproved under this paragraph shall not take effect. Unless an annual budget for a fiscal year has taken effect in accordance with this paragraph, the Airports Authority may not obligate or expend any money in such fiscal year, except for (i) debt service on previously authorized obligations, and (ii) obligations and expenditures for previously authorized capital expenditures and routine operating expenses.
(5) The Board of Review may request the Airports Authority to consider and vote, or to report, on any matter related to the Metropolitan Washington Airports. Upon receipt of such a request the Airports Authority shall consider and vote, or report, on the matter as promptly as feasible.
(6) Members of the Board of Review may participate as nonvoting members in meetings of the board of the Airports Authority.
(7) The Board of Review may hire 2 staff persons to be paid by the Airports Authority. The Airports Authority shall provide such clerical and support staff as the Board may require.
(8) A member of the Board of Review shall not be liable in connection with any claim, action, suit, or proceeding arising from service on the Board.
(g) Any 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.
(h) If the Board of Review established under subsection (f) of this section is unable to carry out its functions under this chapter by reason of a judicial order, the Airports Authority shall have no authority to perform any of the actions that are required by subsection (f)(4) of this section to be submitted to the Board of Review.
(Oct. 30, 1986, 100 Stat. 3341-376, Pub. L. 99-591, § 6007.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 7-1506.
Miscellaneous Notes
Limitation on Authority of Airports Authority: Section 7004(c) of Pub. L. 102- 240, 105 Stat. 2202, December 18, 1991, limited the authority of the Metropolitan Washington Airports Authority to perform any of the actions required to be submitted to the Board of Review until the Airports Authority establishes a new Board of Review in accordance with this Act.
Short title: See Historical and Statutory Notes following § 9-1001.
