[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2533 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2533
To amend title 49, United States Code, to allow additional funds to be
provided under the airport improvement program for certain noise
mitigation projects, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 6, 2023
Mr. Smith of Washington introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to allow additional funds to be
provided under the airport improvement program for certain noise
mitigation projects, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sound Insulation Treatment Repair
and Replacement Program Act''.
SEC. 2. SOUND INSULATION REPAIR AND REPLACEMENT PROJECTS.
(a) Government Share.--Section 47109 of title 49, United States
Code, is amended by adding at the end the following:
``(g) Special Rule for Sound Insulation Repair and Replacement.--
With respect to a project to carry out sound insulation that is granted
a waiver under section 47110(j), the allowable project cost for such
project shall be calculated without consideration of any costs that
were previously paid by the Government.''.
(b) Sound Insulation Treatment Repair and Replacement Projects.--
Section 47110 of title 49, United States Code, is amended by adding at
the end the following:
``(j) Special Rule for Sound Insulation Treatment Repair and
Replacement Projects.--
``(1) In general.--The Secretary shall provide a one-time
waiver of the requirement of subsection (b)(4) for a qualifying
airport as applied to projects to carry out repair and
replacement of sound insulation for a residential building for
which the airport previously received Federal assistance or
federally authorized airport assistance under this subchapter
if--
``(A) the Secretary determines that the additional
assistance is justified due to--
``(i) increased aircraft noise, as
determined by the Administrator of the Federal
Aviation Administration; or
``(ii) the residence containing sound
insulation treatments or other type of sound
proofing material previously installed under
this subchapter that is determined to be
eligible pursuant to paragraph (2); and
``(B) the building or other structure--
``(i) falls within the Day Night Level
(DNL) 65 standard according to the most recent
noise exposure map, as such term is defined in
section 150.7 of title 14, Code of Federal
Regulations; or
``(ii) fell within such standard at the
time the initial noise mitigation was carried
out and an FAA compliant noise auditor has
determined that--
``(I) such sound insulation
treatment caused physical damage to the
residence; or
``(II) the materials used for sound
insulation treatment were of low
quality and have deteriorated, broken,
or otherwise no longer function as
intended.
``(2) Eligibility determination.--To be eligible for waiver
under this subsection for repair or replacement of sound
insulation treatment projects, an applicant shall--
``(A) ensure that the applicant and the property
owner exhaust any amounts available through warranties,
insurance coverage, and legal remedies for the sound
insulation treatment previously installed on the
eligible residence; and
``(B) demonstrate that an FAA compliant noise
auditor conducted an inspection of the residences and
determined that--
``(i) the sound insulation for which
Federal assistance was previously provided has
resulted in structural deterioration that was
not caused by failure of the property owner to
repair or adequately maintain the residential
building or through the negligence of the
applicant or the property owner; and
``(ii) the condition of sound insulation
treatment described in subparagraph (A) is not
attributed to actions taken by an owner or
occupant of the residence.
``(3) Additional authority for periodic surveys.--
Notwithstanding any other provision of law, the Secretary shall
consider a cost allowable under this subchapter for an airport
to conduct periodic surveys of properties in which repair and
replacement of sound insulation was carried out as described in
paragraph (1) and for which the airport previously received
Federal assistance or federally authorized airport assistance
under this subchapter. Such surveys shall be carried out to
identify any properties described in the preceding sentence
that are eligible for funds under this subsection.''.
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