[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:
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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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