[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.''.
                                 ______