II 118th CONGRESS 1st Session S. 1167 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. Short title This Act may be cited as the Sound Insulation Treatment Repair and Replacement Program Act . 2. Sound insulation repair and replacement projects (a) Government share Section 47109 of title 49, United States Code, is amended by adding at the end the following: (h) 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 costs that were previously paid by the Government. . (b) Sound insulation treatment repair and replacement projects Section 47110 of title 49, United States Code, is amended by adding at the end the following: (j) Special rule for sound insulation treatment repair and replacement projects (1) In general The Secretary shall provide 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— (i) increased aircraft noise, as determined by the Administrator of the Federal Aviation Administration; or (ii) 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 building or other structure— (i) falls within the Day Night Level (DNL) 65 standard according to the most recent noise exposure map, as such term is defined in section 150.7 of title 14, Code of Federal Regulations; or (ii) fell within such standard at the time the initial noise mitigation was carried out and an FAA-compliant 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. (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 exhaust any amounts available through warranties, insurance coverage, and legal remedies for the sound insulation treatment previously installed on the residence; and (B) demonstrate that an FAA-compliant noise auditor conducted an inspection of the residence and 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 periodic surveys Notwithstanding any other of 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. Such surveys shall be carried out to identify any properties described in the preceding sentence that are eligible for funds under this subsection. .