Expedited Delivery of Airport Infrastructure Act of 2021
This act makes incentive payments incurred for expedited completion of certain federally financed airport development projects an allowable project cost standard.
[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>
Expedited Delivery of Airport Infrastructure Act of 2021
To amend title 49, United States Code, to permit the use of incentive payments to expedite certain federally financed airport development projects.
Expedited Delivery of Airport Infrastructure Act of 2021
Expedited Delivery of Airport Infrastructure Act of 2021
Expedited Delivery of Airport Infrastructure Act of 2021
Expedited Delivery of Airport Infrastructure Act of 2021
Rep. Graves, Sam