[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1167 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1167
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 SENATE OF THE UNITED STATES
April 17, 2023
Mrs. Murray introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
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:
``(h) 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 any sound
insulation treatment 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
residence; and
``(B) demonstrate that an FAA-compliant noise
auditor conducted an inspection of the residence and
determined that--
``(i) the sound insulation treatment 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 the 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 of 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 treatment 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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