[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. <all>