II 

Calendar No. 637 

116TH CONGRESS 

2D SESSION S. 3958 

[Report No. 116–331] 

To amend title 49, United States Code, to permit the use of incentive 

payments to expedite certain federally financed airport development projects. 

IN THE SENATE OF THE UNITED STATES 

JUNE 15, 2020 

Mr. YOUNG (for himself, Ms. SINEMA, and Mr. CRUZ) introduced the following 

bill; which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

DECEMBER 15, 2020 

Reported by Mr. WICKER, with an amendment 

[Insert the part printed in italic] 

A BILL 

To amend title 49, United States Code, to permit the use 

of incentive payments to expedite certain federally financed airport development projects. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Expedited Delivery of 

5 Airport Infrastructure Act of 2020’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 3958 RS

1 SEC. 2. ALLOWABLE COST STANDARDS FOR AIRPORT DE2 VELOPMENT PROJECTS. 

3 (a) IN GENERAL.—Section 47110(b)(1) of title 49, 

4 United States Code, is amended— 

5 (1) by striking ‘‘(1) if the cost necessarily’’ and 

6 inserting ‘‘(1)(A) if the cost necessarily’’; 

7 (2) by striking the semicolon at the end and in8 serting ‘‘; or’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(B) if the cost is an incentive payment in11 curred in carrying out the project described in sub12 paragraph (A) that is to be provided to a contractor 

13 upon early completion of a project, if— 

14 ‘‘(i) such payment does not exceed the less15 er of 5 percent of the initial construction con16 tract amount or $1,000,000; 

17 ‘‘(ii) the level of contractor’s control of, or 

18 access to, the worksite necessary to shorten the 

19 duration of the project does not negatively im20 pact the operation of the airport; 

21 ‘‘(iii) the contract specifies application of 

22 the incentive structure in the event of unfore23 seeable, non-weather delays beyond the control 

24 of the contractor; 

25 ‘‘(iv) nothing in any agreement with the 

26 contractor prevents the airport operator from 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 3958 RS

1 retaining responsibility for the safety, efficiency, 

2 and capacity of the airport during the execution 

3 of the grant agreement; and 

4 ‘‘(v) the Secretary determines that the use 

5 of an incentive payment is likely to increase air6 port capacity or efficiency or result in cost sav7 ings as a result of shortening the project’s du8 ration;’’. 

9 (b) TECHNICAL CORRECTION.—Section 47110(e)(7) 

10 of title 49, United States Code, is amended by striking 

11 ‘‘(7) PARTNERSHIP PROGRAM AIRPORTS.—’’ and insert12 ing ‘‘(7) PARTNERSHIP PROGRAM AIRPORTS.—’’. 


pamtmann on DSKBC07HB2PROD with BILLS
Calendar No. 637 

116TH CONGRESS 

2D SESSION S. 3958 

[Report No. 116–331] 

A BILL 

To amend title 49, United States Code, to permit 

federally financed airport development projects. the use of incentive payments to expedite certain 

DECEMBER 15, 2020 

Reported with an amendment 


pamtmann on DSKBC07HB2PROD with BILLS