[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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