49 U.S.C. § 47111 — Payments under project grant agree-

Page 1616 TITLE 49—TRANSPORTATION § 47111 ‘‘(c) A letter of intent may be issued under this sec- tion only if— ‘‘(1) The airport security improvement project to which the letter applies involves the replacement of baggage conveyer systems or the reconfiguration of terminal baggage areas in order to install explosive detection systems; and ‘‘(2) The Under Secretary determines that the project will improve security or will improve the effi- ciency of the airport without lessening security. ‘‘(d) A letter of intent issued under this section is not an obligation of the Government under section 1501 of title 31 [United States Code], and the letter is not deemed to be an administrative commitment for fi- nancing. An obligation or administrative commitment may be made only as amounts are provided in author- ization and appropriations laws. ‘‘(e) The Government’s share of the project’s cost shall be 75 percent for a project at an airport having at least 0.25 percent of the total number of passenger boardings each year at all airports and 90 percent for a project at any other airport. ‘‘(f) Nothing in this section shall be construed to pro- hibit the obligation of amounts pursuant to a letter of intent under this section in the same fiscal year as the letter of intent is issued. ‘‘(g) The Under Secretary shall notify the House and Senate Committees on Appropriations, the House Transportation and Infrastructure Committee, and the Senate Commerce, Science, and Transportation Com- mittee at least 3 days prior to the issuance of a letter of intent under this section. ‘‘(h) There is authorized to be appropriated to carry out this section $500,000,000 in each of fiscal years 2003, 2004, 2005, 2006, and 2007.’’ LETTERS OF INTENT; DURATION OF AUTHORITY AND APPROVAL BY CONGRESS Pub. L. 102–388, title III, § 320, Oct. 6, 1992, 106 Stat. 1546, provided that: ‘‘The authority conferred by sec- tion 513(d) of the Airport and Airway Improvement Act of 1982, as amended [see subsec. (e) of this section], to issue letters of intent shall remain in effect subsequent to September 30, 1992. Letters of intent may be issued under such subsection to applicants determined to be qualified under such Act [substantially repealed by Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379, and re- enacted by first section thereof as this subchapter]: Provided, That, notwithstanding any other provision of law, all such letters of intent in excess of $10,000,000 shall be submitted for approval to the Committees on Appropriations of the Senate and the House of Rep- resentatives; the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Public Works and Transportation [now Committee on Transportation and Infrastructure] of the House of Representatives.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 102–143, title III, § 320, Oct. 28, 1991, 105 Stat. 942. Pub. L. 101–516, title III, § 320, Nov. 5, 1990, 104 Stat. 2181. Pub. L. 101–164 title III, § 326, Nov. 21, 1989, 103 Stat. 1096. Pub. L. 100–457, title III, § 334, Sept. 30, 1988, 102 Stat. 2153. § 47111. Payments under project grant agree- ments (a) GENERAL AUTHORITY.—After making a project grant agreement under this subchapter and consulting with the sponsor, the Secretary of Transportation may decide when and in what amounts payments under the agreement will be made. Payments totaling not more than 90 per- cent of the United States Government’s share of the project’s estimated allowable costs may be made before the project is completed if the spon- sor certifies to the Secretary that the total amount expended from the advance payments at any time will not be more than the cost of the airport development work completed on the project at that time. (b) RECOVERING PAYMENTS.—If the Secretary determines that the total amount of payments made under a grant agreement under this sub- chapter is more than the Government’s share of the total allowable project costs, the Govern- ment may recover the excess amount. If the Sec- retary finds that a project for which an advance payment was made has not been completed within a reasonable time, the Government may recover any part of the advance payment for which the Government received no benefit. (c) PAYMENT DEPOSITS.—A payment under a project grant agreement under this subchapter may be made only to an official or depository designated by the sponsor and authorized by law to receive public money. (d) WITHHOLDING PAYMENTS.—(1) The Sec- retary may withhold a payment under a grant agreement under this subchapter for more than 180 days after the payment is due only if the Secretary— (A) notifies the sponsor and provides an op- portunity for a hearing; and (B) finds that the sponsor has violated the agreement. (2) The 180-day period may be extended by— (A) agreement of the Secretary and the sponsor; or (B) the hearing officer if the officer decides an extension is necessary because the sponsor did not follow the schedule the officer estab- lished. (3) A person adversely affected by an order of the Secretary withholding a payment may apply for review of the order by filing a petition in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the project is located. The petition must be filed not later than 60 days after the order is served on the petitioner. (e) ACTION ON GRANT ASSURANCES CONCERNING AIRPORT REVENUES.—If, after notice and oppor- tunity for a hearing, the Secretary finds a viola- tion of section 47107(b) of this title, as further defined by the Secretary under section 47107(k) of this title, or a violation of an assurance made under section 47107(b) of this title, and the Sec- retary has provided an opportunity for the air- port sponsor to take corrective action to cure such violation, and such corrective action has not been taken within the period of time set by the Secretary, the Secretary shall withhold ap- proval of any new grant application for funds under this chapter, or any proposed modifica- tion to an existing grant that would increase the amount of funds made available under this chap- ter to the airport sponsor, and withhold ap- proval of any new application to impose a charge under section 40117 of this title. Such ap- plications may thereafter be approved only upon a finding by the Secretary that such corrective action as the Secretary requires has been taken to address the violation and that the violation no longer exists. Page 1617 TITLE 49—TRANSPORTATION § 47112 (f) JUDICIAL ENFORCEMENT.—For any violation of this chapter or any grant assurance made under this chapter, the Secretary may apply to the district court of the United States for any district in which the violation occurred for en- forcement. Such court shall have jurisdiction to enforce obedience thereto by a writ of injunc- tion or other process, mandatory or otherwise, restraining any person from further violation. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1266; Pub. L. 103–305, title I, § 112(b), Aug. 23, 1994, 108 Stat. 1575; Pub. L. 113–188, title XV, § 1501(b)(2)(C), Nov. 26, 2014, 128 Stat. 2024; Pub. L. 118–63, title XI, § 1101(u), May 16, 2024, 138 Stat. 1414.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 47111(a) ...... 49 App.:2213 (1st, 2d sentences). Sept. 3, 1982, Pub. L. 97–248, § 514, 96 Stat. 691. 47111(b) ...... 49 App.:2213 (3d, 4th sentences). 47111(c) ...... 49 App.:2213 (last sentence). 47111(d) ...... 49 App.:2218(b) (re- lated to pay- ment). Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 519(b) (re- lated to payment); added Dec. 30, 1987, Pub. L. 100–223, § 112(2), 101 Stat. 1504. In subsection (a), the words ‘‘the terms of’’ are omit- ted as surplus. The words ‘‘totaling’’ and ‘‘total’’ are substituted for ‘‘in an aggregate amount’’ and ‘‘aggre- gate’’ for consistency in the revised title. The words ‘‘from time to time’’ are omitted as surplus. The words ‘‘before the project is completed’’ are substituted for ‘‘in advance of accomplishment of the airport project to which the payments relate’’ for consistency in this chapter and to eliminate unnecessary words. In subsection (b), the words ‘‘at any time’’ are omit- ted as surplus. The words ‘‘project for which an ad- vance payment was made has not been completed with- in a reasonable time’’ are substituted for ‘‘any airport development to which the advance payments relate has not been accomplished within a reasonable time or the project is not completed’’ for clarity, for consistency in this chapter, and to eliminate unnecessary words. In subsection (d)(1) and (2), the word ‘‘sponsor’’ is substituted for ‘‘recipient’’ and ‘‘grant recipient’’ for clarity. In subsection (d)(2)(A), the word ‘‘mutual’’ is omitted as surplus. In subsection (d)(3), the words ‘‘adversely affected’’ are substituted for ‘‘aggrieved’’ for consistency in the revised title and with other titles of the United States Code. The words ‘‘the date on which’’ are omitted as surplus. Editorial Notes AMENDMENTS 2024—Subsec. (e). Pub. L. 118–63 substituted ‘‘charge’’ for ‘‘fee’’. 2014—Subsec. (e). Pub. L. 113–188 substituted ‘‘section 47107(k)’’ for ‘‘section 47107(l)’’. 1994—Subsecs. (e), (f). Pub. L. 103–305 added subsecs. (e) and (f). § 47112. Carrying out airport development projects (a) CONSTRUCTION WORK.—The Secretary of Transportation may inspect and approve con- struction work for an airport development project carried out under a grant agreement under this subchapter. The construction work must be carried out in compliance with regula- tions the Secretary prescribes. The regulations shall require the sponsor to make necessary cost and progress reports on the project. The regula- tions may amend or modify a contract related to the project only if the contract was made with actual notice of the regulations. (b) PREVAILING WAGES.—A contract for more than $2,000 involving labor for an airport devel- opment project carried out under a grant agree- ment under this subchapter must require con- tractors to pay labor minimum wage rates as de- termined by the Secretary of Labor under sec- tions 3141–3144, 3146, and 3147 of title 40. The minimum rates must be included in the bids for the work and in the invitation for those bids. (c) VETERANS’ PREFERENCE.—(1) In this sub- section— (A) ‘‘disabled veteran’’ has the same mean- ing given that term in section 2108 of title 5. (B) ‘‘Vietnam-era veteran’’ means an indi- vidual who served on active duty (as defined in section 101 of title 38) in the armed forces for more than 180 consecutive days, any part of which occurred after August 4, 1964, and before May 8, 1975, and who was discharged or re- leased from active duty in the armed forces under honorable conditions. (C) ‘‘Afghanistan-Iraq war veteran’’ means an individual who served on active duty (as de- fined in section 101 of title 38) in the armed forces in support of Operation Enduring Free- dom, Operation Iraqi Freedom, Operation New Dawn, Operation Inherent Resolve, Operation Freedom’s Sentinel, or any successor contin- gency operation to such operations for more than 180 consecutive days, any part of which occurred after September 11, 2001, and before the date prescribed by presidential proclama- tion or by law as the last day of Operation En- during Freedom, Operation Iraqi Freedom, Op- eration New Dawn, Operation Inherent Re- solve, Operation Freedom’s Sentinel, or any successor contingency operation to such oper- ations (whichever is later), and who was dis- charged or released from active duty in the armed forces under honorable conditions. (D) ‘‘Persian Gulf veteran’’ means an indi- vidual who served on active duty in the armed forces in the Southwest Asia theater of oper- ations during the Persian Gulf War for more than 180 consecutive days, any part of which occurred after August 2, 1990, and before the date prescribed by presidential proclamation or by law, and who was discharged or released from active duty in the armed forces under honorable conditions. (2) A contract involving labor for carrying out an airport development project under a grant agreement under this subchapter must require that preference in the employment of labor (ex- cept in executive, administrative, and super- visory positions) be given to Vietnam-era vet- erans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small busi- ness concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)) owned and controlled by disabled veterans when they are available and qualified for the employment. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1267; Pub. L. 107–217, § 3(n)(8), Aug. 21, 2002, 116 Stat.