49 U.S.C. § 49106

Metropolitan Washington Airports Authority

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(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 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)General Authority.—(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)Board of Directors.—(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;(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 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)Conflicts of Interest.—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)Certain Actions To Be Taken by Regulation.—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 Airports Authority. The Airports Authority shall provide clerical and support staff that the Secretary 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 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.(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.
		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 NotesAmendments

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 SubsidiariesEffective Date of 2000 Amendment

Amendment 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 sections 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.”

Notes of Decisions

Cited in 16 cases (4 in the last 5 years), 1999–2026 · leading case: Phil Kerpen v. Metro. Washington, 907 F.3d 152 (4th Cir. 2018).

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Phil Kerpen v. Metro. Washington, 907 F.3d 152 (4th Cir. 2018). · cites it 6× “49 U.S.C. § 49106 (a)(1)(B). The text of the Act recognized that these powers originated with Virginia and the District of Columbia.”

Corr v. Metro. Washington Airports Auth., 800 F. Supp. 2d 743 (E.D. Va. 2011). · cites it 6× “49 U.S.C. § 49106 (c). The Airports Act authorized MWAA to “operate, maintain, protect, promote, and develop the Metropolitan Washington Airports as a unit and as primary airports serving the Metropolitan Washington area,” id.”

Kerpen v. Metro. Washington Airports Auth., 260 F. Supp. 3d 567 (E.D. Va. 2017). · cites it 3× “49 U.S.C. § 49106 (a)(1)(A). ■ ’ Plaintiffs argue that, notwithstanding that fact, “MWAA’s history tells the story of a body shaped, authorized and overseen by Congress ai every step.”

Corr v. Metro. Washington Airports Auth., 702 F.3d 1334 (Fed. Cir. 2012). · cites it 2× “49 U.S.C. § 49106 (c). According to the Airports Act, MWAA is independent of the United States Government and authorized to “operate, maintain, protect, promote, and develop the Metropolitan Washington Airports as a unit and as primary airports serving the Metropolitan…”

White Coat Waste Proj. v. Greater Richmond Transit Co., 35 F.4th 179 (4th Cir. 2022). “§ 49106 , the next year—which authorized the Secretary of Transportation to lease the airports to the Airport Authority—it did not authorize the creation of the Airport Authority (which already existed), it “simply specified the minimum powers [the Airport Authority] must have…”

Parkridge 6, LLC v. United States Dep't of Transp., 420 F. App'x 265 (4th Cir. 2011). “” 49 U.S.C. § 49106 (a)(2)-(3) (2006). As such, it is not subject to Virginia’s FOIA.”

Washington-Dulles Transp., Ltd. v. Metro. Washington Airports Auth., 263 F.3d 371 (4th Cir. 2001). · cites it 2× “For example, the Enabling Act subjects MWAA’s contracts to review to ensure the contracts “were awarded by procedures that follow sound Government contracting principles,” see 49 U.S.C.A. § 49106 (g), and the Lease provides for such a review as well.”

Fairchild Corp. v. Metro. Washington Airports Auth., 50 Va. Cir. 127 (Loudoun Cir. Ct. 1999). · cites it 2× “” 49 U.S.C. § 49106 (b)(1)(D). The Secretary of Transportation and the Airports Authority are authorized to negotiate at any time an extension of the lease.”

ltmc/dragonfly, Inc. v. Metro. Washington Airports Auth., 699 F. Supp. 2d 281 (D.D.C. 2010). “” See 49 U.S.C. § 49106 (g). Another mandatory provision requires MWAA to develop a code of ethics and financial disclosure to ensure the integrity of decisions made by the board of directors and employees.”

Alpine Air, Inc. v. Metro. Washington Airports Auth., 62 Va. Cir. 215 (Fairfax Cir. Ct. 2003). “§ 49103 , that shall be “independent of Virginia and its local governments, the District of Columbia, and the United States Government!)]” 49 U.S.C. § 49106 (a)(2). Pursuant to the statutory scheme, MWAA “shall operate, maintain, protect, promote, and develop the Metropolitan…”

Washington-Dulles Transp., Ltd. v. Metro. Washington Airports Auth., 87 F. App'x 843 (4th Cir. 2004). · cites it 3× “” See 49 U.S.C.A. § 49106 (g). The Lease, in turn, contains provisions that comply with these legislative mandates.”

Metro. Washington Airports Auth. v. Gary Pan (4th Cir. 2024). · cites it 2× “49 U.S.C. § 49106 (a)(1). It also provides that Virginia shall “have concurrent police power authority over the Metropolitan Washington Airports.”

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