II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sound Insulation 

5 Treatment Repair and Replacement Program Act’’. 


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1 SEC. 2. SOUND INSULATION REPAIR AND REPLACEMENT 

2 PROJECTS. 

3 (a) GOVERNMENT SHARE.—Section 47109 of title 

4 49, United States Code, is amended by adding at the end 

5 the following: 

6 ‘‘(h) SPECIAL RULE FOR SOUND INSULATION RE7 PAIR AND REPLACEMENT.—With respect to a project to 

8 carry out sound insulation that is granted a waiver under 

9 section 47110(j), the allowable project cost for such 

10 project shall be calculated without consideration of any 

11 costs that were previously paid by the Government.’’. 

12 (b) SOUND INSULATION TREATMENT REPAIR AND

13 REPLACEMENT PROJECTS.—Section 47110 of title 49, 

14 United States Code, is amended by adding at the end the 

15 following: 

16 ‘‘(j) SPECIAL RULE FOR SOUND INSULATION TREAT17 MENT REPAIR AND REPLACEMENT PROJECTS.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall provide 

19 a one-time waiver of the requirement of subsection 

20 (b)(4) for a qualifying airport as applied to projects 

21 to carry out repair and replacement of sound insula22 tion for a residential building for which the airport 

23 previously received Federal assistance or federally 

24 authorized airport assistance under this subchapter 

25 if— 


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1 ‘‘(A) the Secretary determines that the ad2 ditional assistance is justified due to— 

3 ‘‘(i) increased aircraft noise, as deter4 mined by the Administrator of the Federal 

5 Aviation Administration; or 

6 ‘‘(ii) the residence containing any 

7 sound insulation treatment or other type of 

8 sound proofing material previously in9 stalled under this subchapter that is deter10 mined to be eligible pursuant to paragraph 

11 (2); and 

12 ‘‘(B) the building or other structure— 

13 ‘‘(i) falls within the Day Night Level 

14 (DNL) 65 standard according to the most 

15 recent noise exposure map, as such term is 

16 defined in section 150.7 of title 14, Code 

17 of Federal Regulations; or 

18 ‘‘(ii) fell within such standard at the 

19 time the initial noise mitigation was car20 ried out and an FAA-compliant noise audi21 tor has determined that— 

22 ‘‘(I) such sound insulation treat23 ment caused physical damage to the 

24 residence; or 


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1 ‘‘(II) the materials used for 

2 sound insulation treatment were of 

3 low quality and have deteriorated, 

4 broken, or otherwise no longer func5 tion as intended. 

6 ‘‘(2) ELIGIBILITY DETERMINATION.—To be eli7 gible for waiver under this subsection for repair or 

8 replacement of sound insulation treatment projects, 

9 an applicant shall— 

10 ‘‘(A) ensure that the applicant and the 

11 property owner exhaust any amounts available 

12 through warranties, insurance coverage, and 

13 legal remedies for the sound insulation treat14 ment previously installed on the residence; and 

15 ‘‘(B) demonstrate that an FAA-compliant 

16 noise auditor conducted an inspection of the 

17 residence and determined that— 

18 ‘‘(i) the sound insulation treatment 

19 for which Federal assistance was pre20 viously provided has resulted in structural 

21 deterioration that was not caused by fail22 ure of the property owner to repair or ade23 quately maintain the residential building or 

24 through the negligence of the applicant or 

25 the property owner; and 


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1 ‘‘(ii) the condition of the sound insula2 tion treatment described in subparagraph 

3 (A) is not attributed to actions taken by 

4 an owner or occupant of the residence. 

5 ‘‘(3) ADDITIONAL AUTHORITY FOR PERIODIC

6 SURVEYS.—Notwithstanding any other of provision 

7 of law, the Secretary shall consider a cost allowable 

8 under this subchapter for an airport to conduct peri9 odic surveys of properties in which repair and re10 placement of sound insulation treatment was carried 

11 out as described in paragraph (1) and for which the 

12 airport previously received Federal assistance or fed13 erally authorized airport assistance under this sub14 chapter. Such surveys shall be carried out to identify 

15 any properties described in the preceding sentence 

16 that are eligible for funds under this subsection.’’. 

Æ 


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