[Congressional Record Volume 154, Number 33 (Thursday, February 28, 2008)]
[Senate]
[Page S1390]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              EXPANDING PASSENGER FACILITY FEE ELIGIBILITY

  Mr. CASEY. Mr. President, I ask unanimous consent that the Commerce 
Committee be discharged from further consideration of S. 996 and the 
Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 996) to amend title 49, United States Code, to 
     expand passenger facility fee eligibility for certain noise 
     compatibility projects.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. CASEY. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, with no intervening action or debate, and any statements related 
to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 996) was ordered to be engrossed for a third reading, 
was read the third time, and passed, 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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