[117th Congress Public Law 186]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 2199]]

Public Law 117-186
117th Congress

                                 An Act


 
 To amend title 49, United States Code, to permit the use of incentive 
  payments to expedite certain federally financed airport development 
            projects. <<NOTE: Oct. 10, 2022 -  [H.R. 468]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Expedited 
Delivery of Airport Infrastructure Act of 2021. 49 USC 40101 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Expedited Delivery of Airport 
Infrastructure Act of 2021''.
SEC. 2. ALLOWABLE COST STANDARDS FOR AIRPORT DEVELOPMENT PROJECTS.

    (a) In General.--Section 47110(b)(1) of title 49, United States 
Code, is amended--
            (1) by striking ``(1) if the cost necessarily'' and 
        inserting ``(1)(A) if the cost necessarily'';
            (2) by striking the semicolon at the end and inserting ``; 
        or''; and
            (3) by adding at the end the following:
            ``(B) if the cost is an incentive payment incurred in 
        carrying out the project described in subparagraph (A) that is 
        to be provided to a contractor upon early completion of a 
        project, if--
                    ``(i) such payment does not exceed the lesser of 5 
                percent of the initial construction contract amount or 
                $1,000,000;
                    ``(ii) the level of contractor's control of, or 
                access to, the worksite necessary to shorten the 
                duration of the project does not negatively impact the 
                operation of the airport;
                    ``(iii) the contract specifies application of the 
                incentive structure in the event of unforeseeable, non-
                weather delays beyond the control of the contractor;
                    ``(iv) nothing in any agreement with the contractor 
                prevents the airport operator from retaining 
                responsibility for the safety, efficiency, and capacity 
                of the airport during the execution of the grant 
                agreement; and
                    ``(v) <<NOTE: Determination.>>  the Secretary 
                determines that the use of an incentive payment is 
                likely to increase airport capacity or efficiency or 
                result in cost savings as a result of shortening the 
                project's duration;''.

[[Page 136 STAT. 2200]]

    (b) Technical Correction.--Section 47110(e)(7) of title 49, United 
States Code, is amended in the heading by striking ``Partnership Program 
Airports'' and inserting ``Partnership program airports''.

    Approved October 10, 2022.

LEGISLATIVE HISTORY--H.R. 468:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 117-40 (Comm. on Transportation and Infrastructure).
CONGRESSIONAL RECORD:
                                                        Vol. 167 (2021):
                                    June 15, considered and passed 
                                        House.
                                                        Vol. 168 (2022):
                                    Sept. 27, considered and passed 
                                        Senate.

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