United States 116th Congress Status: Died 4 R cosponsors

HR 5912 — Expedited Delivery of Airport Infrastructure Act of 2020

Last action — Received in the Senate.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. Died in session

This bill died with 116th Congress. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Expedited Delivery of Airport Infrastructure Act of 2020 This bill makes incentive payments incurred for expedited completion of certain federally financed airport development projects an allowable project cost standard.

Bill Text

What changed in the latest version

5 added · 1 removed

Plain-language change summary

The document has been updated to reflect that H.R. 5912 has been received in the Senate as of October 19, 2020. The previous reference indicating the bill's status as "Engrossed in House" has been removed. This change clarifies the current legislative status of the bill, indicating it has moved from the House to the Senate for further consideration.

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5912 Engrossed in House (EH)] <DOC> 116th CONGRESS 2d Session H.
5912 Received in Senate (RDS)] <DOC> 116th CONGRESS 2d Session H.
5912 _______________________________________________________________________ AN ACT To amend title 49, United States Code, to permit the use of incentive payments to expedite certain federally financed airport development projects.
5912 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES October 19, 2020 Received _______________________________________________________________________ AN ACT To amend title 49, United States Code, to permit the use of incentive payments to expedite certain federally financed airport development projects.
Clerk.
CHERYL L.
116th CONGRESS 2d Session H.
JOHNSON, Clerk.
R.
5912 _______________________________________________________________________ AN ACT To amend title 49, United States Code, to permit the use of incentive payments to expedite certain federally financed airport development projects.
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Sections of law this bill changes

1 section in 1 law

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-124).

Airport development · 49 U.S.C. ch. 471 1 section
  • § 47110 Allowable project costs Amends

    49 U.S.C. § 47110 — at 47110(b)(1) and 47110(e)(7)

    The law today

    (a) General Authority.— Except as provided in section 47111 of this title, the United States Government may pay or be obligated to pay, from amounts appropriated to carry out this subchapter, a cost incurred in carrying out a project under this subchapter only if the Secretary of Transportation decides the cost is allowable. (b) Allowable Cost Standards.— A project cost is allowable— (1) (A) if the cost necessarily is incurred in carrying out the project in compliance with the grant agreement made for the project under this subchapter, including any cost a sponsor incurs related to an audit the Secretary requires under section 47121(b) or (d) of this title and any cost of moving a Federal facility impeding the project if the rebuilt facility is of an equivalent size and type; or (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) 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; (2) (A) if the cost is incurred after the grant agreement is executed and is for airport development or airport planning carried out after the grant agreement is executed; (B) if the cost is incurred after June 1, 1989, by the airport operator (regardless of when the grant agreement is executed) as part of a Government-approved noise compatibility program (including project formulation costs) and is consistent with all applicable statutory and administrative requirements; (C) if the Government’s share is paid only with amounts apportioned under paragraphs (1) and (2) of section 47114(c) or section 47114(d)(3)(A) 1 and if the cost is incurred— (i) after September 30, 1996; (ii) before a grant agreement is executed for the project; and (iii) in accordance with an airport layout plan approved by the Secretary and with all statutory and administrative requirements that would have been applicable to the project if the project had been carried out after the grant agreement had been executed; or (D) if the cost is for airport development and is incurred before execution of the grant agreement, but in the same fiscal year as execution of the grant agreement, and if— (i) the cost was incurred before execution of the grant agreement because the airport has a shortened construction season due to climatic conditions in the vicinity of the airport; (ii) the cost is in accordance with an airport layout plan approved by the Secretary and with all statutory and administrative requirements that would have been applicable to the project if the project had been carried out after execution of the grant agreement, including submission of a complete grant application to the appropriate regional or district office of the Federal Aviation Administration; (iii) the sponsor notifies the Secretary before authorizing work to commence on the project; (iv) the sponsor has an alternative funding source available to fund the project; and (v) the sponsor’s decision to proceed with the project in advance of execution of the grant agreement does not affect the priority assigned to the project by the Secretary for the allocation of discretionary funds; (3) to t...

    11 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

How this bill changes current law

9 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill modifies the allowable cost standards for airport development projects to more explicitly include incentive payments for early completion by contractors.

  • 49 U.S.C. § 47110(b)(1)

    (1) if the cost necessarily → (1)(A) if the cost necessarily

    This change redefines the section by introducing a subparagraph structure.

  • 49 U.S.C. § 47110(b)(1)

    ; → ; or

    This change allows for an additional condition following the first allowable cost condition.

  • 49 U.S.C. § 47110(b)(1)

    (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--

    This addition establishes a new category of allowable costs for incentive payments related to early project completion.

  • 49 U.S.C. § 47110(b)(1)

    (i) such payment does not exceed the lesser of 5 percent of the initial construction contract amount or $1,000,000;

    This specifies a cap on the incentive payment amount.

  • 49 U.S.C. § 47110(b)(1)

    (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;

    This conditions the incentive payment on the contractor's access not impacting airport operations.

  • 49 U.S.C. § 47110(b)(1)

    (iii) the contract specifies application of the incentive structure in the event of unforeseeable, non-weather delays beyond the control of the contractor;

    This ensures that incentive payments are applicable during specific unforeseen delays.

  • 49 U.S.C. § 47110(b)(1)

    (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;

    This maintains the airport operator's responsibilities despite incentive payments.

  • 49 U.S.C. § 47110(b)(1)

    (v) 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;

    This requires a determination by the Secretary regarding the positive impacts of incentive payments.

  • 49 U.S.C. § 47110(e)(7)

    (7) Partnership Program Airports.-- → (7) Partnership program airports.--

    This is a technical correction to the capitalization of 'Partnership program airports.'

Action History

  1. Received in the Senate.

  2. Mr. Carbajal moved to suspend the rules and pass the bill, as amended.

  3. Considered under suspension of the rules. (consideration: CR H5190-5191)

  4. DEBATE - The House proceeded with forty minutes of debate on H.R. 5912.

  5. Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

  6. On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5190-5191)

  7. Motion to reconsider laid on the table Agreed to without objection.

  8. Reported by the Committee on Transportation and Infrastructure. H. Rept. 116-464.

  9. Reported by the Committee on Transportation and Infrastructure. H. Rept. 116-464.

  10. Placed on the Union Calendar, Calendar No. 372.

  11. Subcommittee on Aviation Discharged.

  12. Committee Consideration and Mark-up Session Held.

  13. Ordered to be Reported by Voice Vote.

  14. Referred to the Subcommittee on Aviation.

  15. Introduced in House

  16. Introduced in House

  17. Referred to the House Committee on Transportation and Infrastructure.

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 543 not signed on

Sponsors (1)

Co-sponsors (3)

Not signed on (543)

543 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does HR 5912 do?
Expedited Delivery of Airport Infrastructure Act of 2020 This bill makes incentive payments incurred for expedited completion of certain federally financed airport development projects an allowable project cost standard.
Who sponsors HR 5912?
HR 5912 is sponsored by Graves, Sam (Republican), Graves, Garret (Republican), Spano, Ross (Republican), and Wittman, Robert J. (Republican).
What is the current status of HR 5912?
This bill died with 116th Congress. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 5912?
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