[Congressional Record Volume 153, Number 53 (Tuesday, March 27, 2007)]
[Senate]
[Pages S3842-S3843]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
  S. 996. A bill to amend title 49, United States Code, to expand 
passenger facility fee eligibility for certain noise compatibility 
projects; to the Committee on Commerce, Science, and Transportation.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation 
to allow the Los Angeles World Airports

[[Page S3843]]

to provide the Lennox and Inglewood School Districts, which lie 
directly in the Los Angeles International Airport's flight path, with 
noise reduction funds.
  This bill would authorize the Los Angeles World Airports to allow the 
use of passenger facility fees for noise reduction projects at these 
schools.
  In 1980, the Lennox School District and the City of Los Angeles 
settled a lawsuit, allowing aircraft carrying up to 40 million people 
per year to fly overhead the schools. The City also agreed to provide 
approximately $2.5 million to the Lennox School District.
  Currently, an airplane flies a few hundred feet above the Lennox and 
Inglewood schools about every three minutes. The noise is deafening. It 
rattles windows, disrupts lessons, and makes it very difficult for 
these students to learn.
  In February 2005, the Lennox and Inglewood School Districts settled a 
lawsuit with the Los Angeles World Airports under which the Los Angeles 
International Airport agreed to provide the School Districts with more 
than $110 million in noise mitigation funds over 10 years. These funds 
are essential for the improvement of conditions at these schools.
  Unfortunately, the Federal Aviation Administration interpreted the 
1980 agreement and Federal law in a way that prevents the payment of 
the funds under the 2005 agreement.
  Thus, Federal legislation is necessary to allow the use of passenger 
facility fees for noise reduction projects at the Lennox and Inglewood 
schools. I am introducing legislation to do just this.
  This bill was drafted with the assistance of the Federal Aviation 
Administration, and it has the support of the Lennox and Inglewood 
School Districts, the Los Angeles World Airports, and the Los Angeles 
Mayor, Antonio Villaraigosa. My colleague in the House of 
Representatives, Congresswoman Jane Harman, will introduce this same 
bill today.
  I urge my colleagues to join me in supporting this non-controversial 
legislation that will allow for the use of passenger facility fees for 
noise reduction projects in the Lennox and Inglewood School Districts. 
I ask unanimous consent that the text of this legislation be printed in 
the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 996

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXPANDED PASSENGER FACILITY FEE ELIGIBILITY FOR 
                   NOISE COMPATIBILITY PROJECTS.

       Section 40117(b) of title 49, United States Code, is 
     amended by adding at the end the following:
       ``(7) Noise mitigation for certain schools.--
       ``(A) In general.--In addition to the uses specified in 
     paragraphs (1), (4), and (6), the Secretary may authorize a 
     passenger facility fee imposed under paragraph (1) or (4) at 
     a large hub airport that is the subject of an amended 
     judgment and final order in condemnation filed on January 7, 
     1980, by the Superior Court of the State of California for 
     the county of Los Angeles, to be used for a project to carry 
     out noise mitigation for a building, or for the replacement 
     of a relocatable building with a permanent building, in the 
     noise impacted area surrounding the airport at which such 
     building is used primarily for educational purposes, 
     notwithstanding the air easement granted or any terms to the 
     contrary in such judgment and final order, if--
       ``(i) the Secretary determines that the building is 
     adversely affected by airport noise;
       ``(ii) the building is owned or chartered by the school 
     district that was the plaintiff in case number 986,442 or 
     986,446, which was resolved by such judgment and final order;
       ``(iii) the project is for a school identified in 1 of the 
     settlement agreements effective February 16, 2005, between 
     the airport and each of the school districts;
       ``(iv) in the case of a project to replace a relocatable 
     building with a permanent building, the eligible project 
     costs are limited to the actual structural construction costs 
     necessary to mitigate aircraft noise in instructional 
     classrooms to an interior noise level meeting current 
     standards of the Federal Aviation Administration; and
       ``(v) the project otherwise meets the requirements of this 
     section for authorization of a passenger facility fee.
       ``(B) Eligible project costs.--In subparagraph (A)(iv), the 
     term `eligible project costs' means the difference between 
     the cost of standard school construction and the cost of 
     construction necessary to mitigate classroom noise to the 
     standards of the Federal Aviation Administration.''.
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