[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5106 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 5106

 To amend title 49, United States Code, to allow airports to impose an 
   access restriction for certain hours, to assess certain penalties 
  against air carriers or aircraft operators, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 14, 2019

  Ms. Speier (for herself, Mr. Case, Ms. Norton, Ms. Schakowsky, Mr. 
Panetta, Mr. Quigley, Mr. Rouda, Ms. Lee of California, Mr. Suozzi, Mr. 
Raskin, Ms. Eshoo, Mr. Smith of Washington, and Mr. Sherman) 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 airports to impose an 
   access restriction for certain hours, to assess certain penalties 
  against air carriers or aircraft operators, 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 ``Restore Everyone's Sleep Tonight Act 
of 2019'' or the ``REST Act of 2019''.

SEC. 2. AIRPORT ACCESS RESTRICTION.

    (a) In General.--Notwithstanding any other provision of law and 
except as provided in subsection (b), an airport may impose an access 
restriction between the hours of 10 p.m. and 7 a.m. for aircrafts.
    (b) Accommodations for Certain Flights.--
            (1) Types of flights.--In imposing an access restriction 
        under subsection (a), an airport shall permit, within the hours 
        of such access restriction, the operation of military, law 
        enforcement, and Coast Guard flights.
            (2) Exceptional circumstances.--In imposing an access 
        restriction under subsection (a), an airport may not prohibit 
        access for--
                    (A) a flight that is scheduled to arrive or depart 
                during hours not covered by the access restriction 
                imposed under subsection (a) and which arrives or 
                departs during such access restriction due solely to 
                weather or the safe operation of the aircraft, 
                including compliance with any safety-related 
                requirements;
                    (B) emergency flights;
                    (C) flights to evacuate natural disasters; and
                    (D) flights for the purpose of the preservation of 
                life, health, or safety.
    (c) Penalties.--
            (1) In general.--An airport may impose a noise deterrence 
        penalty on an air carrier or aircraft operator for a violation 
        of the access restriction imposed under subsection (a).
            (2) Amount of penalty.--An airport applying penalties under 
        this subsection shall set a base level for a noise deterrence 
        penalty under paragraph (1) at an amount sufficient to deter 
        future violations of the access restriction imposed under 
        subsection (a).
            (3) Increase in penalty.--The airport applying penalties 
        under this subsection may increase a penalty for a violation of 
        the access restriction imposed under subsection (a) above the 
        base amount set under paragraph (2) if an aircraft takeoff or 
        landing resulted in noise to residents of any unit of local 
        government exceeding 80 dBA, as evidenced by a noise monitoring 
        device recognized as authoritative by the airport.
            (4) Considerations for a penalty increase.--In determining 
        whether to increase the penalty above the base amount set under 
        paragraph (2), an airport may consider the following:
                    (A) The certified noise level and engine model of 
                the aircraft.
                    (B) The time of violation.
                    (C) Repeat violations by the air carrier or 
                aircraft operator.
                    (D) Any other criteria that the airport determines 
                reflects the noise impacts to residents of the unit of 
                local government impacted by the violation of 
                subsection (a).
            (5) Use of penalty.--
                    (A) In general.--Except as provided in subparagraph 
                (C), penalties collected for a violation of the access 
                restriction imposed under subsection (a) shall be 
                remitted to the unit of local government that 
                experienced the impact of the noise deterrence 
                violation.
                    (B) Multiple units of local government.--If 
                multiple units of local government are impacted by a 
                violation of the access restriction imposed under 
                subsection (a), an airport shall remit the penalty to 
                the jurisdictions impacted in equal parts.
                    (C) Administrative costs.--An airport may deduct 
                reasonable costs of administering a noise deterrence 
                penalty from a penalty collected under this paragraph 
                before remitting the penalty under subparagraphs (A) 
                and (B).
    (d) Limitation.--With respect to any action taken in carrying out 
this section, the airport is not required to seek the approval or 
comment of the Federal Aviation Administration or the Secretary of 
Transportation, any air carrier or aircraft operator or any other 
entity.
    (e) Definition of Weather.--In this section, the term ``weather'' 
is defined as the state of the atmosphere at a location or along a 
route over the short-term.
    (f) Definition of Access Restriction.--For purposes of this Act, an 
access restriction is a prohibition on the landing or takeoff of 
aircraft.
                                 <all>