[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4161 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4161

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

                             June 24, 2021

   Mr. Smith of Washington (for himself, Ms. Norton, Mrs. Torres of 
  California, Ms. Clark of Massachusetts, Ms. Newman, Ms. Speier, Mr. 
   Fitzpatrick, Mr. Raskin, Mr. Beyer, Mrs. Steel, Ms. Meng, and Mr. 
   Suozzi) 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 ``Noise Mitigation Repair and 
Replacement Program Act''.

SEC. 2. NOISE MITIGATION 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 Noise Mitigation Projects.--With respect to 
a project to carry out noise mitigation 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) Noise Mitigation Projects.--Section 47110 of title 49, United 
States Code, is amended by adding at the end the following:
    ``(j) Special Rule for Noise Mitigation Projects.--
            ``(1) In general.--The Secretary shall waive the 
        requirement of subsection (b)(4) for a project to carry out 
        noise mitigation for a building or other structure that has 
        previously received Federal assistance under this subchapter 
        for noise mitigation if--
                    ``(A) the Secretary determines that the additional 
                assistance is justified due to--
                            ``(i) increased aircraft noise that would 
                        have afforded different levels of mitigation, 
                        even if the property owner had waived all 
                        damages and conveyed a full and unrestricted 
                        easement; or
                            ``(ii) the building or other structure 
                        containing soundproofing installation, 
                        structure, or other type of sound mitigation 
                        equipment product or benefit previously 
                        installed under a noise mitigation program 
                        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 a building inspector has determined 
                        that--
                                    ``(I) such mitigation caused 
                                physical damage the building or other 
                                structure; or
                                    ``(II) the materials used for such 
                                mitigation 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 a project, an applicant shall--
                    ``(A) exhaust any amounts available through 
                warranties on the applicable building or structure for 
                the proposed noise mitigation activities; and
                    ``(B) demonstrate that a State-certified building 
                inspector conducted an inspection of the building or 
                other structure and determined that--
                            ``(i) the noise mitigation for which 
                        Federal assistance was previously provided is 
                        degraded or ineffective, or the manner of 
                        installation of such mitigation has caused 
                        damage to the building or other structure; and
                            ``(ii) the condition of noise mitigation 
                        improvement described in subparagraph (A) is 
                        not attributed to actions taken by an owner or 
                        occupant of the building or other structure.''.
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