I 
117TH CONGRESS 
1ST SESSION H. R. 4161 
To amend title 49, United States Code, to allow additional funds to be 
provided under the airport improvement program for certain noise mitiga-
tion projects, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 24, 2021 
Mr. SMITH of Washington (for himself, Ms. NORTON, Mrs. TORRES of Cali-
fornia, Ms. CLARK of Massachusetts, Ms. NEWMAN, Ms. SPEIER, Mr. 
FITZPATRICK, Mr. RASKIN, Mr. BEYER, Mrs. STEEL, Ms. MENG, and 
Mr. SUOZZI) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure 
A BILL 
To amend title 49, United States Code, to allow additional 
funds to be provided under the airport improvement pro-
gram for certain noise mitigation projects, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Noise Mitigation Re-
pair and Replacement Program Act’’. 
VerDate Sep 11 2014 
04:25 Jul 10, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4161.IH
H4161
kjohnson on DSK79L0C42PROD with BILLS
SEC. 2. NOISE MITIGATION PROJECTS. 
(a) GOVERNMENT SHARE.—Section 47109 of title 
49, United States Code, is amended by adding at the end 
the following: 
‘‘(g) SPECIAL
RULE
FOR
NOISE
MITIGATION 
PROJECTS.—With respect to a project to carry out noise 
mitigation that is granted a waiver under section 
47110(j), the allowable project cost for such project shall 
be calculated without consideration of any costs that were 
previously paid by the Government.’’. 
(b) NOISE MITIGATION PROJECTS.—Section 47110 
of title 49, United States Code, is amended by adding at 
the end the following: 
‘‘(j) SPECIAL
RULE
FOR
NOISE
MITIGATION 
PROJECTS.— 
‘‘(1) IN GENERAL.—The Secretary shall waive 
the requirement of subsection (b)(4) for a project to 
carry out noise mitigation for a building or other 
structure that has previously received Federal assist-
ance under this subchapter for noise mitigation if— 
‘‘(A) the Secretary determines that the ad-
ditional assistance is justified due to— 
‘‘(i) increased aircraft noise that 
would have afforded different levels of 
mitigation, even if the property owner had 
VerDate Sep 11 2014 
04:25 Jul 10, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4161.IH
H4161
kjohnson on DSK79L0C42PROD with BILLS
have deteriorated, broken, or other-
wise no longer function as intended. 
‘‘(2) ELIGIBILITY DETERMINATION.—To be eli-
gible for waiver under this subsection for a project, 
an applicant shall— 
‘‘(A) 
exhaust 
any 
amounts 
available 
through warranties on the applicable building 
or structure for the proposed noise mitigation 
activities; and 
‘‘(B) demonstrate that a State-certified 
building inspector conducted an inspection of 
the building or other structure and determined 
that— 
‘‘(i) the noise mitigation for which 
Federal assistance was previously provided 
is degraded or ineffective, or the manner of 
installation of such mitigation has caused 
damage to the building or other structure; 
and 
‘‘(ii) the condition of noise mitigation 
improvement described in subparagraph 
(A) is not attributed to actions taken by 
an owner or occupant of the building or 
other structure.’’. 
Æ 
VerDate Sep 11 2014 
04:25 Jul 10, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H4161.IH
H4161
kjohnson on DSK79L0C42PROD with BILLS