Expedited Delivery of Airport Infrastructure Act of 2020: Report 116-464
Summary
Report 116-464 of the 116th Congress, 2d Session, dated July 29, 2020, in which Mr. DeFazio reports for the Committee on Transportation and Infrastructure on H.R. 5912, the Expedited Delivery of Airport Infrastructure Act of 2020. The bill would amend title 49, United States Code, to permit the use of incentive payments to expedite certain federally financed airport development projects, and the report includes a cost estimate of the Congressional Budget Office. The committee reports favorably without amendment. Closing text on bird-detecting radar systems has the Administrator of the Federal Aviation Administration update Advisory Circular No. 150/5220-25 and, within 180 days after research concludes, issue a final report on avian radar systems.
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“Expedited Delivery of Airport Infrastructure Act of 2020: Report 116-464.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-116hrpt464-crpt-116hrpt464/
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116TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 116–464
EXPEDITED DELIVERY OF AIRPORT INFRASTRUCTURE
ACT OF 2020
JULY 29, 2020.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. DEFAZIO, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 5912]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 5912) to amend title 49, United States
Code, to permit the use of incentive payments to expedite certain
federally financed airport development projects, having considered
the same, reports favorably thereon without amendment and rec-
ommends that the bill do pass.
CONTENTS
Purpose of Legislation ............................................................................................. 2
Background and Need for Legislation .................................................................... 2
Hearings ................................................................................................................... 2
Legislative History and Consideration .................................................................. 2
Committee Votes ...................................................................................................... 3
Committee Oversight Findings ............................................................................... 3
New Budget Authority and Tax Expenditures ...................................................... 3
Congressional Budget Office Cost Estimate .......................................................... 3
Performance Goals and Objectives ......................................................................... 5
Duplication of Federal Programs ............................................................................ 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 5
Federal Mandates Statement ................................................................................. 5
Preemption Clarification ......................................................................................... 5
Advisory Committee Statement .............................................................................. 5
Applicability to Legislative Branch ........................................................................ 5
Section-by-Section Analysis of the Legislation ...................................................... 5
Changes in Existing Law Made by the Bill, as Reported ..................................... 6
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PURPOSE OF LEGISLATION
The purpose of H.R. 5912 is to permit airports to use Airport Im-
provement Program (AIP) funds to make incentive payments to
contractors for early completion of airport development and plan-
ning projects.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 5912 seeks to incentivize early completion of federally fund-
ed airport improvement projects. The AIP—a grant program ad-
ministered by the Federal Aviation Administration (FAA)—is a key
source of funding for the planning and development of public-use
airports in the United States. AIP funds are often used for airside
infrastructure projects, such as runway, taxiway, or apron con-
struction or reconstruction. While necessary and beneficial, these
projects can sometimes have a significant effect on an airport’s op-
erations and its users. H.R. 5912 could help alleviate these effects
by permitting airports to use AIP funds to make incentive pay-
ments to contractors for early completion of certain airport develop-
ment and planning projects.
HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the 116th Con-
gress the following hearing was used to develop or consider H.R.
5912:
A Full Committee hearing ‘‘The Cost of Doing Nothing: Why In-
vesting in Our Nation’s Airports Matters’’ was held on March 26,
2019. The purpose of the hearing was to explore the state of U.S.
airport infrastructure and opportunities for Congress to increase
funding for projects that will rehabilitate and modernize this aging
infrastructure and prepare for anticipated passenger demand in
the coming years. The Committee received testimony from Mr.
Lawrence J. Krauter, Chief Executive Officer, Spokane Inter-
national Airport; Ms. Tori Barnes, Executive Vice President, Public
Affairs and Policy, U.S. Travel Association; Ms. Candace S.
McGraw, Chief Executive Officer, Cincinnati/Northern Kentucky
International Airport; Mr. Joseph W. Lopano, Chief Executive Offi-
cer, Tampa International Airport; Mr. Ted Christie, Chief Execu-
tive Officer and President, Spirit Airlines, Inc.; and Mr. Marc
Scribner, Senior Fellow, Competitive Enterprise Institute.
LEGISLATIVE HISTORY AND CONSIDERATION
H.R. 5912 was introduced on February 14, 2020, by Congressman
Sam Graves (R–MO) and Congressman Garret Graves (R–LA), and
referred to the Committee on Transportation and Infrastructure.
Within the Committee, H.R. 5912 was referred to the Sub-
committee on Aviation.
On February 26, 2020, the Chair discharged the Subcommittee
on Aviation from further consideration of H.R. 5912.
On February 26, 2020, the Committee on Transportation and In-
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frastructure met in open session to consider H.R. 5912 and ordered
the measure to be reported favorably to the House, without amend-
ment, by voice vote, a quorum being present.
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COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of Representa-
tives requires each committee report to include the total number of
votes cast for and against on each record vote on a motion to report
and on any amendment offered to the measure or matter, and the
names of those members voting for and against.
There were no recorded votes taken in connection with consider-
ation of H.R. 5912.
COMMITTEE OVERSIGHT FINDINGS
With respect to the requirements of clause 3(c)(1) of rule XIII of
the Rules of the House of Representatives, the Committee’s over-
sight findings and recommendations are reflected in this report.
NEW BUDGET AUTHORITY AND TAX EXPENDITURES
Clause 3(c)(2) of rule XIII of the Rules of the House of Represent-
atives does not apply where a cost estimate and comparison pre-
pared by the Director of the Congressional Budget Office under sec-
tion 402 of the Congressional Budget Act of 1974 has been timely
submitted prior to the filing of the report and is included in the re-
port. Such a cost estimate is included in this report.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
With respect to the requirement of clause 3(c)(3) of rule XIII of
the Rules of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received the
enclosed cost estimate for H.R. 5912 from the Director of the Con-
gressional Budget Office:
U.S. CONGRESS,
CONGRESSIONAL BUDGET OFFICE,
Washington, DC, June 23, 2020.
Hon. PETER A. DEFAZIO,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
DEAR MR. CHAIRMAN: The Congressional Budget Office has pre-
pared the enclosed cost estimate for H.R. 5912, the Expedited De-
livery of Airport Infrastructure Act of 2020.
If you wish further details on this estimate, we will be pleased
to provide them. The CBO staff contact is Aaron Krupkin.
Sincerely,
PHILLIP L. SWAGEL,
Director.
Enclosure.
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The Airport Improvement Program (AIP) provides grants to air-
port sponsors for capital improvement projects related to airport
safety, capacity, and security. H.R. 5912 would expand the defini-
tion of eligible AIP project costs for future grants to include con-
tractor incentive payments. The payments would be capped at the
lesser of $1 million or 5 percent of the project’s contract value.
H.R. 5912 would not provide additional contract authority (a
mandatory form of budget authority) for the AIP or increase the
program’s existing obligation limitations. Under current law, how-
ever, airport sponsors are authorized to use funds from other Fed-
eral Aviation Administration (FAA) grants for contractor incentive
payments, including those newly provided under the CARES Act
(Public Law 116–136).
In addition, based on information from the agency, CBO expects
that the FAA would need to develop guidelines and amend grant
language in order to implement the bill’s provisions. CBO esti-
mates that the cost to do so would not be significant. Accordingly,
CBO estimates that implementing the bill would have no signifi-
cant effect on discretionary spending.
The CBO staff contact for this estimate is Aaron Krupkin. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Director
of Budget Analysis.
PERFORMANCE GOALS AND OBJECTIVES
With respect to the requirement of clause 3(c)(4) of rule XIII of
the Rules of the House of Representatives, the performance goal
and objective of this legislation is to permit airports to use AIP
funds to make incentive payments to contractors to expedite cer-
tain airport development and planning projects in the United
States.
DUPLICATION OF FEDERAL PROGRAMS
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Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House
of Representatives, the Committee finds that no provision of H.R.
5912 establishes or reauthorizes a program of the federal govern-
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ment known to be duplicative of another federal program, a pro-
gram that was included in any report from the Government Ac-
countability Office to Congress pursuant to section 21 of Public
Law 111–139, or a program related to a program identified in the
most recent Catalog of Federal Domestic Assistance.
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED
TARIFF BENEFITS
In compliance with clause 9 of rule XXI of the Rules of the House
of Representatives, this bill, as reported, contains no congressional
earmarks, limited tax benefits, or limited tariff benefits as defined
in clause 9(e), 9(f), or 9(g) of the rule XXI.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of federal man-
dates prepared by the Director of the Congressional Budget Office
pursuant to section 423 of the Unfunded Mandates Reform Act
(Public Law 104–4).
PREEMPTION CLARIFICATION
Section 423 of the Congressional Budget Act of 1974 requires the
report of any Committee on a bill or joint resolution to include a
statement on the extent to which the bill or joint resolution is in-
tended to preempt state, local, or tribal law. The Committee finds
that H.R. 5912 does not preempt any state, local, or tribal law.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b) of the
Federal Advisory Committee Act were created by this legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to the
terms and conditions of employment or access to public services or
accommodations within the meaning of section 102(b)(3) of the Con-
gressional Accountability Act (Public Law 104–1).
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Sec. 1. Short title
This section provides that this bill may be cited as the ‘‘Expe-
dited Delivery of Airport Infrastructure Act of 2020’’.
Sec. 2. Allowable cost standards for airport development projects
This section would permit airports to use AIP funds to make in-
centive payments to contractors for early completion of an airport
planning or development project. This authority is conditioned on
the following:
• the payment does not exceed the lesser of five percent of
the initial project or $1 million;
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• the contractor’s actions to shorten the duration of the
project do not negatively affect the operation of the airport;
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• the contract details the application of the incentive struc-
ture in the event of unforeseeable, non-weather delays beyond
control of the contractor;
• nothing in any agreement with the contractor prevents the
airport from maintaining responsibility for the safety, effi-
ciency, and capacity of the airport; and
• the Secretary of Transportation determines that the use of
an incentive payment is likely to increase airport capacity or
efficiency as a result of the project’s early completion.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be omit-
ted is enclosed in black brackets, new matter is printed in italics,
and existing law in which no change is proposed is shown in
roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE VII—AVIATION PROGRAMS
* * * * * * *
PART B—AIRPORT DEVELOPMENT AND NOISE
* * * * * * *
CHAPTER 471—AIRPORT DEVELOPMENT
* * * * * * *
SUBCHAPTER I—AIRPORT IMPROVEMENT
* * * * * * *
§ 47110. Allowable project costs
(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—
ø(1) if the cost necessarily¿ (1)(A) if the cost necessarily is in-
curred in carrying out the project in compliance with the grant
agreement made for the project under this subchapter, includ-
ing 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 typeø;¿; or
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(B) if the cost is an incentive payment incurred in carrying
out the project described in subparagraph (A) that is to be pro-
vided to a contractor upon early completion of a project, if—
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(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 pre-
vents 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
as a result of shortening the project’s duration;
(2)(A) if the cost is incurred after the grant agreement is exe-
cuted and is for airport development or airport planning car-
ried 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 ap-
portioned under paragraphs (1) and (2) of section 47114(c) or
section 47114(d)(3)(A) 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 be-
fore 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 construc-
tion 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 ad-
ministrative requirements that would have been applicable
to the project if the project had been carried out after exe-
cution 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 avail-
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able 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 af-
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fect the priority assigned to the project by the Secretary
for the allocation of discretionary funds;
(3) to the extent the cost is reasonable in amount;
(4) if the cost is not incurred in a project for airport develop-
ment or airport planning for which other Government assist-
ance has been granted;
(5) if the total costs allowed for the project are not more than
the amount stated in the grant agreement as the maximum
the Government will pay (except as provided in section
47108(b) of this title);
(6) if the cost is for a project not described in section
47102(3) for acquiring for use at a commercial service airport
vehicles and ground support equipment owned by an airport
that include low-emission technology, but only to the extent of
the incremental cost of equipping such vehicles or equipment
with low-emission technology, as determined by the Secretary;
and
(7) if the cost is incurred on a measure to improve the effi-
ciency of an airport building (such as a measure designed to
meet one or more of the criteria for being considered a high-
performance green building as set forth under section 401(13)
of the Energy Independence and Security Act of 2007 (42
U.S.C. 17061(13))) and—
(A) the measure is for a project for airport development;
(B) the measure is for an airport building that is other-
wise eligible for construction assistance under this sub-
chapter; and
(C) if the measure results in an increase in initial project
costs, the increase is justified by expected savings over the
life cycle of the project.
(c) CERTAIN PRIOR COSTS AS ALLOWABLE COSTS.—The Secretary
may decide that a project cost under subsection (b)(2)(A) of this sec-
tion incurred after May 13, 1946, and before the date the grant
agreement is executed is allowable if it is—
(1) necessarily incurred in formulating an airport develop-
ment project, including costs incurred for field surveys, plans
and specifications, property interests in land or airspace, and
administration or other incidental items that would not have
been incurred except for the project; or
(2) necessarily and directly incurred in developing the work
scope of an airport planning project.
(d) RELOCATION OF AIRPORT-OWNED FACILITIES.—The Secretary
may determine that the costs of relocating or replacing an airport-
owned facility are allowable for an airport development project at
an airport only if—
(1) the Government’s share of such costs will be paid with
funds apportioned to the airport sponsor under section
47114(c)(1) or 47114(d);
(2) the Secretary determines that the relocation or replace-
ment is required due to a change in the Secretary’s design
standards; and
(3) the Secretary determines that the change is beyond the
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control of the airport sponsor.
(e) LETTERS OF INTENT.—(1) The Secretary may issue a letter of
intent to the sponsor stating an intention to obligate from future
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budget authority an amount, not more than the Government’s
share of allowable project costs, for an airport development project
(including costs of formulating the project) at a primary or reliever
airport. The letter shall establish a schedule under which the Sec-
retary will reimburse the sponsor for the Government’s share of al-
lowable project costs, as amounts become available, if the sponsor,
after the Secretary issues the letter, carries out the project without
receiving amounts under this subchapter.
(2) Paragraph (1) of this subsection applies to a project—
(A) about which the sponsor notifies the Secretary, before the
project begins, of the sponsor’s intent to carry out the project;
(B) that will comply with all statutory and administrative re-
quirements that would apply to the project if it were carried
out with amounts made available under this subchapter; and
(C) that meets the criteria of section 47115(d) and, if for a
project at a commercial service airport having at least 0.25 per-
cent of the boardings each year at all such airports, the Sec-
retary decides will enhance system-wide airport capacity sig-
nificantly.
(3) A letter of intent issued under paragraph (1) of this sub-
section is not an obligation of the Government under section 1501
of title 31, and the letter is not deemed to be an administrative
commitment for financing. An obligation or administrative commit-
ment may be made only as amounts are provided in authorization
and appropriation laws.
(4) The total estimated amount of future Government obligations
covered by all outstanding letters of intent under paragraph (1) of
this subsection may not be more than the amount authorized to
carry out section 48103 of this title, less an amount reasonably es-
timated by the Secretary to be needed for grants under section
48103 that are not covered by a letter.
(5) LETTERS OF INTENT.—The Secretary may not require an eligi-
ble agency to impose a passenger facility charge under section
40117 in order to obtain a letter of intent under this section.
(6) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this
section shall be construed to prohibit the obligation of amounts
pursuant to a letter of intent under this subsection in the same fis-
cal year as the letter of intent is issued.
(7) PARTNERSHIP øPROGRAM AIRPORTS¿ PROGRAM AIRPORTS.—The
Secretary may issue a letter of intent under this section to an air-
port sponsor with an approved application under section 47134(b)
if—
(A) the application was approved in fiscal year 2019; and
(B) the project meets all other requirements set forth in this
chapter.
(f) NONALLOWABLE COSTS.—Except as provided in subsection (d)
of this section and section 47118(f) of this title, a cost is not an al-
lowable airport development project cost if it is for—
(1) constructing a public parking facility for passenger auto-
mobiles;
(2) constructing, altering, or repairing part of an airport
building, except to the extent the building will be used for fa-
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cilities or activities directly related to the safety of individuals
at the airport;
(3) decorative landscaping; or
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(4) providing or installing sculpture or art works.
(g) USE OF DISCRETIONARY FUNDS.—A project for which cost re-
imbursement is provided under subsection (b)(2)(C) shall not re-
ceive priority consideration with respect to the use of discretionary
funds made available under section 47115 of this title even if the
amounts made available under paragraphs (1) and (2) of section
47114(c) or section 47114(d)(3)(A) are not sufficient to cover the
Government’s share of the cost of the project.
(h) NONPRIMARY AIRPORTS.—The Secretary may decide that the
construction costs of revenue producing aeronautical support facili-
ties are allowable for an airport development project at a nonpri-
mary airport if the Government’s share of such costs is paid only
with funds apportioned to the airport sponsor under section
47114(d)(3)(A) and if the Secretary determines that the sponsor has
made adequate provision for financing airside needs of the airport.
(i) BIRD-DETECTING RADAR SYSTEMS.—The Administrator of the
Federal Aviation Administration, upon the conclusion of all
planned research by the Administration regarding avian radar sys-
tems, shall—
(1) update Advisory Circular No. 150/5220–25 to specify
which systems have been studied; and
(2) within 180 days after such research is concluded, issue a
final report on the use of avian radar systems in the national
airspace system.
* * * * * * *
Æ
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