,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fjch ,,in ,,the ,,house ,,of ,,representatives ,february #bh1 #bjbj,mr4 ,smith of ,washington 7for himself1 ,mr4 ,khanna1 ,ms4 ,jayapal1 ,mr4 ,gomez1 ,ms4 ,norton1 ,mr4 ,rouda1 ,mr4 ,ruppersberger1 ,mrs4 ,torres of ,california1 ,mr4 ,kennedy1 ,ms4 ,meng1 ,ms4 ,tlaib1 ,mr4 ,beyer1 ,mr4 ,case1 and ,ms4 ,schakowsky7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to require the ,federal ,aviation ,administration to provide funding for noise mitigation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,aviation-,impacted ,communities ,act4 #b4 ,noise mitigation for vertical fenceline communities ,notwithstanding any other provision of law1 aviation-impacted communities that are not currently within the #fe ,,dnl standard as measured by the ,federal ,aviation ,administration shall be eligible for the ,airport ,improvement ,program noise mitigation program funds and for grants under section #g1 and shall also be granted status under section #e to establish community boards to address airport noise in their communities4 #c4 ,national ,academy of ,sciences study1 framework1 and diagnostic tool 7a7 ,in general ,the ,administrator shall enter into a contract with the ,national ,academy of ,sciences to conduct a study that-- 7#a7 summarizes the relevant literature and studies done on aviation impacts worldwide2 7#b7 focuses on large hub commercial airports and surrounding communities1 including communities currently outside of the #fe ,,dnl contour in-- 7,a7 ,king ,county1 ,,wa2 7,b7 ,boston2 7,c7 ,chicago2 7,d7 ,new ,york ,city2 7,e7 the ,northern ,california ,metroplex2 7,f7 ,phoenix2 7,g7 the ,southern ,california ,metroplex2 7,h7 the ,district of ,columbia2 7,i7 ,atlanta2 and 7,j7 any other metropolitan large hub airport identified by the ,administrator4 7b7 ,contents ,the study described in subsection 7a7 shall examine-- 7#a7 the collection and consolidation of quantifiable1 observational1 experiential1 anecdotal1 or other data from-- 7,a7 the ,federal ,aviation ,administration2 7,b7 airport operators2 7,c7 valid acoustic instrumentation on the ground2 7,d7 testimonials and other evidence from community members2 and 7,e7 organizations in the community2 7#b7 the ,day-,night ,average ,sound ,level1 using measured data or modeled data 7or other noise metrics1 as applicable72 7#c7 any other existing or supplemental noise metrics from data collected by noise monitor stations2 7#d7 emissions generated by individual and cumulative takeoffs and landings1 including emissions that impact the ground level2 7#e7 lateral trajectory and altitude of flight paths as demonstrated by actual and comprehensive radar flight track data in addition to published routes2 7#f7 how aviation impacts communities surrounded by multiple airports2 7#g7 how aviation impacts communities with unique geography1 including communities situated at higher elevation or near large bodies of water2 7#h7 any other data requested by the impacted community in order to give a comprehensive understanding of the impacts on such community1 including comparative data for equity analysis2 7#i7 recommendations on actions or mitigation that can be taken to alleviate-- 7,a7 concerns raised during community outreach2 and 7,b7 effects that are determined in the study2 and 7#aj7 any other data or information determined to be relevant by the ,national ,academies in analyzing aviation impacts4 7c7 ,framework and diagnostic tool 7#a7 ,in general ,using findings from the study1 the ,national ,academy of ,sciences shall provide the ,,faa with a framework and diagnostic tool for-- 7,a7 conducting appropriate community assessments upon request of community boards 7including as described in section #e7;f772 7,b7 measuring the impact on communities of-- 7i7 high frequency of overhead flights2 7ii7 an increase or change in flight operations due to adoption of new flight procedures2 7iii7 high frequency or an increase in night time aircraft noise2 and 7iv7 decreased dispersion of flight path utilization2 and 7,c7 developing a scientifically based strategy for evaluating structures subject to increases described in subparagraph 7,a77ii7 that should be eligible for noise mitigation4 7#b7 ,requirement ,in developing the framework and diagnostic tool under paragraph 7#a71 the ,national ,academy of ,sciences shall-- 7,a7 seek appropriate community input and feedback from community boards as well as open community meetings2 and 7,b7 ensure1 to the extent practicable1 that such framework and diagnostic tool is understandable to1 and useable by1 the community boards and the general public4 #d4 ,designating of communities 7a7 ,outreach 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,administrator shall conduct outreach to ,state1 regional1 and local elected officials of aviation-impacted communities to inform them of the opportunity to be a designated community4 7#b7 ,requirements ,the outreach described in paragraph 7#a7 shall-- 7,a7 be conducted in local print and electronic media 7including social media1 local foreign language media1 ethnic radio1 newspapers1 and television72 and 7,b7 reflect languages regularly encountered in the aviation-impacted community in any signs1 materials1 and multimedia resources4 7b7 ,request ,the ,state1 regional1 or local elected officials 7or designee thereof7 of an aviation impacted community may request to be a designated community1 and the ,administrator shall-- 7#a7 recognize such community as a designated community upon request2 and 7#b7 acknowledge each community requesting designation on the website of the ,federal ,aviation ,administration4 7c7 ,portions of community ,the ,state or local elected officials 7or designee thereof7 of a designated community1 representatives1 or a group of representatives chosen by a community1 shall select the portions or the entirety of such community considered aviation-impacted1 including designating the community as a whole should such community so choose4 #e4 ,community boards 7a7 ,in general ,not later than #f months after the date on which an aviation-impacted community becomes a designated community pursuant to section #d1 such designated community shall-- 7#a7 select a community board comprised of individuals that equally represent-- 7,a7 ,state1 regional1 or local elected officials or city managers 7or designees thereof72 7,b7 local airport operators2 7,c7 impacted community residents2 and 7,d7 the public health and environment2 7#b7 in the case where such designated community decides to maintain an existing group of primarily elected local officials that has previously been constituted for purposes of working on aviation-related issues1 designate such existing group as a community board pursuant to this section1 so long as-- 7,a7 affected community members who are not airport employees or elected officials have representation on the board2 and 7,b7 health and environmental representatives are added as needed4 7b7 ,meetings ,a community board shall meet at times and places chosen by the members of such board4 7c7 ,purposes ,the purpose of a community board is to provide information to airport operators and the ,federal ,aviation ,administration concerning aviation impacts4 7d7 ,collaboration ,the ,administrator shall-- 7#a7 designate an ,,faa designee2 and 7#b7 ensure that representatives of and1 when appropriate and upon request of a community board1 relevant experts from the ,federal ,aviation ,administration participate in meetings of a community board4 7e7 ,community reports 7#a7 ,in general ,a community board may draft a community report detailing the community's concerns and issues related to aviation impacts4 7#b7 ,contents ,a community report may be comprised of1 or include1 community information1 documents1 or locally conducted assessments4 7f7 ,community assessments 7#a7 ,in general ,a community board may petition the ,administrator to conduct a community assessment1 which shall be conducted based on the framework and diagnostic tool established by the ,national ,academy of ,sciences under section #c and the community reports described in subsection 7e74 7#b7 ,limitation ,a community board may petition the ,administrator to conduct not more than #a community assessment under paragraph 7#a7 every #c years4 7#c7 ,exception ,notwithstanding paragraph 7#b71 a community board may petition the ,administrator to conduct an additional community assessment during the #c-year period described in paragraph 7#b7 if-- 7,a7 a study described in part #aej of title #ad1 ,code of ,federal ,regulations1 is commissioned by an airport with flight paths that affect the community represented by the community board2 or 7,b7 if airport operations increase substantially above of projected increases4 7g7 ,instrumentation ,upon request of a community board1 the ,administrator shall provide additional noise measurement instrumentation to measure aircraft noise4 7h7 ,collaboration ,the ,administrator and each community board that petitions for a community assessment shall collaborate on the scope of such community assessment4 7i7 ,regional assessment ,upon the request and approval of not less than #b community boards located in the same region1 the ,,faa may conduct a regional assessment based on the framework and diagnostic tool established by the ,national ,academy of ,sciences under section #c4 7j7 ,accessible format ,the ,administrator shall ensure the community assessment is culturally and linguistically accessible given the needs or requests of the community4 #f4 ,action plans 7a7 ,in general ,not later than #f months after the date of completion of a community assessment described in section #e7;f71 the ,administrator shall1 in collaboration with community boards1 devise an action plan that seeks to alleviate or address the concerns raised in such community reports or such community assessments4 7b7 ,content ,an action plan shall-- 7#a7 include a long-term regional plan that focuses on reducing and minimizing aviation impacts for the designated community or communities1 including sound insulation or other noise mitigation infrastructure1 air filtration systems1 and changes in flight paths or procedures2 and 7#b7 require the appropriate district office of the ,federal ,aviation ,administration and air traffic control facility to consider the implementation of changes to flight operations1 flight paths1 and vertical guidance if the community assessment described in section #e7;f7 indicates that such changes would decrease the impacts on the designated community1 including examining the population density in the communities described in such report and assessment in considering such implementation4 7c7 ,implementation ,in implementing the action plan1 the ,administrator will consider the implementation of changes to flight operations1 flight paths1 and vertical guidance if the community assessment described in section #e7;f7 indicates that such changes would decrease the impacts of flights on a designated community 7or communities74 7d7 ,statement concerning certain changes ,if the ,administrator determines that changes to operations1 flight paths1 and vertical guidance that a community study indicated would decrease the effects on the designated community would not be effective in decreasing community impacts1 the ,administrator shall explain the rationale for this determination in the action plan4 7e7 ,appeals process 7#a7 ,in general ,the ,administrator shall establish an appeals process1 through which a community board may appeal the determination by the ,federal ,aviation ,administration not to implement a change under subsection 7c7 to an independent panel comprised equally of independent public health experts1 environmental experts1 and aviation experts4 7#b7 ,recommendations ,in carrying out paragraph 7#a71 the ,administrator shall seek recommendations from the ,national ,academy of ,sciences for panel experts described in such paragraph4 7#c7 ,requirement to convene ,an independent panel convened pursuant to paragraph 7#a7 shall convene not later than #f months after the receipt of an appeal pursuant to such paragraph and shall respond to such appeal not later than #c months after the date on which such panel convenes4 7f7 ,dissemination ,the panel described in subsection 7e77#a7 shall submit any findings for an appeal described in such subsection-- 7#a7 to the public in a culturally and linguistically appropriate fashion given the needs or requests of the community at issue2 7#b7 to the offices of the ,members of ,congress and ,senators representing the community at issue2 7#c7 to the relevant committees of the ,house of ,representatives and the ,senate2 and 7#d7 upon request1 to appropriate ,state1 regional1 and local elected officials4 #g4 ,mitigation funding 7a7 ,in general ,not later than #ahj days after the release of an action plan pursuant to section #c1 the ,administrator shall make grants for necessary noise mitigation in a designated community for-- 7#a7 residences2 7#b7 hospitals2 7#c7 nursing homes and adult or child day care centers2 7#d7 schools2 7#e7 places of worship2 and 7#f7 other impacted facilities indicated by a community assessment under section #e7;f74 7b7 ,standards ,using the framework and diagnostic tool developed by the ,national ,academy of ,sciences under section #c1 the ,administrator shall develop standards to determine which of the structures in designated communities described in subsection 7a7 are eligible for mitigation funding4 7c7 ,mitigation defined ,in this section1 the term noise mitigation means any form of mitigation that reduces the noise burden for communities1 including-- 7#a7 sound insulation of structures2 7#b7 construction of noise barriers or acoustic shielding to mitigate ground-level noise2 and 7#c7 other mitigation as indicated by a community assessment under section #e7;f7 or an action plan under section #f using the diagnostic tool developed by the ,national ,academy of ,sciences under section #c4 7d7 ,sound insulation for communities subject to high flight frequency 7#a7 ,in general ,using the framework and diagnostic tool developed by the ,national ,academy of ,sciences under section #c1 in carrying out an action plan described in section #f1 the ,administrator shall develop standards for determining which communities are subject to significant frequency of overhead flights1 which shall be eligible for noise mitigation funding4 7#b7 ,noise mitigation ,in carrying out an action plan described in section #f1 the ,administrator and airport operators shall provide grants for noise mitigation for aviation-impacted communities that are subjected to a high frequency of flight operations or from the adoption of new flight procedures 7as determined by the ,administrator through the use of the framework and diagnostic tool developed by the ,national ,academy of ,sciences under section #c74 7e7 ,sound insulation for residences impacted by significant night time aircraft noise ,in carrying out an action plan described in section #f1 the ,administrator and airport operators shall provide noise mitigation for a neighborhood within a #ee or higher ,,dnl contour 7or a community that has quality-assured noise measurement data that demonstrate #ee ,,dnl impacts occurring outside the model contour of the aviation environmental design tool of the ,,faa7 in which an airport operator or the ,administrator determines1 through the use of the framework and diagnostic tool developed by the ,national ,academy of ,sciences under section #c1 that significant numbers of flight operations are conducted between #aj3jj p4m4 and #f3jj a4m4 #h4 ,authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated out of the ,airport and ,airway ,trust ,fund 7established under section #iejb of the ,internal ,revenue ,code of #aihf7 to carry out this ,act-- 7#a7 a total of #gej1jjj1jjj for fiscal years #bjba through #bjcj2 and 7#b7 such sums as necessary1 but not to exceed #j4be percent of the annual change in uncommitted balance of such ,trust ,fund in a fiscal year1 for fiscal years after fiscal year #bjcj4 7b7 ,use of funds ,of any amounts appropriated for a fiscal year to carry out this ,act1 the ,administrator shall use such funds-- 7#a7 to make grants under section #g2 7#b7 in an amount of not more than #e percent1 to support ,,faa expenditures required for the administration this ,act2 and 7#c7 any amounts not expended under paragraphs 7#a7 or 7#b71 to make grants described in section #dgaag7;e77#a77;,a7 of title #di1 ,united ,states ,code4 #i4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,aviation ,administration4 7#b7 ,aircraft operation ,the term aircraft operation means a landing or take-off of an aircraft flight4 7#c7 ,aviation-impacted community ,the term aviation-impacted community means a community that is located not greater than #a mile from any point at which a commercial or cargo jet route is #c1jjj feet or less above ground level4 7#d7 ,commercial or cargo jet route ,the term commercial or cargo jet route means a route that is departing or arriving at a large hub or metroplex airport1 as such terms are defined by the ,administrator4 7#e7 ,community ,the term community means any residential neighborhood1 locality1 municipality1 town1 or city4 7#f7 ,designated community ,the term designated community means an aviation- impacted community that has chosen to be designated pursuant to section #d4 7#g7 ,,faa ,the term ,,faa means the ,federal ,aviation ,administration4 7#h7 ,,faa designee ,the term ,,faa ,designee means a community engagement manager or ,regional ,ombudsman 7as described in section #ahj of the ,,faa ,reauthorization ,act of #bjah7 that-- 7,a7 works with each community board2 7,b7 engages in meaningful1 solution-driven dialogue with the community board2 and 7,c7 serves as the liaison between the ,,faa and the community board4 7#i7 ,impact ,the term impact means noise1 air pollution emissions1 or any other aviation-related impact identified by a community coming from an aircraft and that is affecting a community or its residents4 7#aj7 ,route ,the term route includes both the lateral trajectory and altitude of flight paths as demonstrated by actual and comprehensive radar flight track data in addition to published routes4