[Congressional Record Volume 170, Number 75 (Wednesday, May 1, 2024)]
[Senate]
[Pages S3286-S3287]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1934. Mrs. MURRAY submitted an amendment intended to be proposed
to amendment SA 1911 submitted by Ms. Cantwell (for herself, Mr. Cruz,
Ms. Duckworth, and Mr. Moran) and intended to be proposed to the bill
H.R. 3935, to amend title 49, United States Code, to reauthorize and
improve the Federal Aviation Administration and other civil aviation
programs, and for other purposes; which was ordered to lie on the
table; as follows:
After section 710, insert the following:
SEC. 710A. PILOT PROGRAM FOR SOUND INSULATION REPAIR AND
REPLACEMENT.
(a) Government Share.--Section 47109 of title 49, United
States Code, as amended by section 708, is further amended by
adding at the end the following:
``(i) 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
[[Page S3287]]
costs that were previously paid by the Government.''.
(b) Sound Insulation Treatment Repair and Replacement
Projects.--Section 47110 of title 49, United States Code, as
amended by section 710, is further amended by adding at the
end the following:
``(j) Pilot Program for Sound Insulation Repair and
Replacements.--
``(1) In general.--Within 120 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish a pilot program at up
to 4 large hub public-use airports for local airport
operators that have established a local program to fund
secondary noise using non-aeronautical revenue that provides
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 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 residence--
``(i) falls within the Day Night Level (DNL) of 65 to 75
decibel (dB) noise contours, according to the most recent
noise exposure map (as such term is defined in section 150.7
of title 14, Code of Federal Regulations) available as of the
date of enactment of this subsection;
``(ii) fell within such noise contours at the time the
initial sound insulation treatment was installed, but a
qualified 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; and
``(iii) is shown through testing that current interior
noise levels exceed DNL 45 dB, and the new insulation would
have the ability to achieve a 5 dB noise reduction;
``(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 have
made a good faith effort to exhaust any amounts available
through warranties, insurance coverage, and legal remedies
for the sound insulation treatment previously installed on
the eligible residence;
``(B) verify the sound insulation treatment for which
Federal assistance was previously provided was installed
prior to the year 2002; and
``(C) demonstrate that a qualified noise auditor, based on
an inspection of the residence, 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 surveys.--Notwithstanding
any other 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. The
surveys shall be conducted only for those properties for
which the airport has identified a property owner who is
interested in having a survey be undertaken to assess the
current effectiveness of the sound insulation treatment. Such
surveys shall be carried out to identify any properties
described in the preceding sentence that are eligible for
funds under this subsection.''.
______