[Congressional Record Volume 170, Number 81 (Thursday, May 9, 2024)]
[Senate]
[Pages S3661-S3665]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2060. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 2057 submitted by Mr. Warner (for himself, Mr. Kaine, Mr. 
Van Hollen, Mr. Cardin, and Mr. Tillis) and intended to be proposed to 
the amendment SA 1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, 
Ms. Duckworth, and Mr. Moran) 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:

       At the end of the matter proposed to be inserted, insert 
     the following:
       (e) Free Access to Airports.--
       (1) In general.--Chapter 401 of title 49, United States 
     Code, as amended by sections 393 and 441, is amended by 
     adding the following new section:

     ``SEC. 40133. FREE ACCESS TO AIRPORTS.

       ``(a) Prohibited Activities.--Whoever--
       ``(1) by force or threat of force or by physical 
     obstruction, intentionally injures, intimidates, or 
     interferes with or attempts to injure, intimidate, or 
     interfere with any person because that person is or has been, 
     or in order to intimidate such person or any other person or 
     any class of persons from, obtaining airport services or 
     attempting ingress or egress from an airport property; or
       ``(2) intentionally damages or destroys airport property, 
     or attempts to do so,
     shall be subject to the penalties provided in subsection (b) 
     and the civil remedies provided in subsection (c), except 
     that a parent or legal guardian of a minor shall not be 
     subject to any penalties or civil remedies under this section 
     for conduct that is solely activity of the minor.
       ``(b) Penalties.--Whoever violates this section shall--
       ``(1) in the case of a first offense, be fined in 
     accordance with title 18, United States Code, or imprisoned 
     not more than 1 year, or both; and
       ``(2) in the case of a second or subsequent offense after a 
     prior conviction under this section, be fined in accordance 
     with such title 18, or imprisoned not more than 3 years, or 
     both,
     except that for an offense involving exclusively a nonviolent 
     physical obstruction, the fine shall be not more than $10,000 
     and the length of imprisonment shall be not more than 6 
     months, or both, for the first offense; and the fine shall, 
     notwithstanding section 3571 of such title 18, be not more 
     than $25,000 and the length of imprisonment shall be not more 
     than 18 months, or both, for a subsequent offense; and except 
     that if bodily injury results, the length of imprisonment 
     shall be not more than 10 years, and if death results, it 
     shall be for any term of years or for life.
       ``(c) Civil Remedies.--
       ``(1) Private right of action.--
       ``(A) In general.--Any person aggrieved by reason of 
     conduct prohibited by subsection (a) may commence a civil 
     action for the relief set forth in subparagraph (B), except 
     that such action may be brought only by a person involved in 
     providing or seeking to provide, or obtaining or seeking to 
     obtain, airport services at an airport property or attempting 
     ingress or egress from an airport property.
       ``(B) Relief.--In any action under subparagraph (A), the 
     court may award appropriate relief, including temporary, 
     preliminary, or permanent injunctive relief and compensatory 
     and punitive damages, as well as the costs of suit and 
     reasonable fees for attorneys and expert witnesses. With 
     respect to compensatory damages, the plaintiff may elect, at 
     any time prior to the rendering of final judgement, to 
     recover, in lieu of actual damages, an award of statutory 
     damages in the amount of $5,000 per violation.
       ``(2) Action by attorney general of the united states.--
       ``(A) In general.--If the Attorney General of the United 
     States has reasonable cause to believe that any person or 
     group of persons is being, has been, or may be injured by 
     conduct constituting a violation of this section, the 
     Attorney General may commence a civil action in any 
     appropriate United States District Court.
       ``(B) Relief.--In any action under subparagraph (A), the 
     court may award appropriate relief, including temporary, 
     preliminary, or permanent injunctive relief, and compensatory 
     damages to persons aggrieved as described in paragraph 
     (1)(B). The court, to vindicate the public interest, may also 
     assess a civil penalty against each respondent--
       ``(i) in an amount not exceeding $10,000 for a nonviolent 
     physical obstruction and $15,000 for other first violations; 
     and
       ``(ii) in an amount not exceeding $15,000 for a nonviolent 
     physical obstruction and $25,000 for any other subsequent 
     violation.
       ``(3) Actions by state attorneys general.--
       ``(A) In general.--If the Attorney General of a State has 
     reasonable cause to believe that any person or group of 
     persons is being, has been, or may be injured by conduct 
     constituting a violation of this section, such Attorney 
     General may commence a civil action in the name of such 
     State, as parens patriae on behalf of natural persons 
     residing in such State, in any appropriate United States 
     District Court.
       ``(B) Relief.--In any action under subparagraph (A), the 
     court may award appropriate relief, including temporary, 
     preliminary or permanent injunctive relief, compensatory 
     damages, and civil penalties as described in paragraph 
     (2)(B).
       ``(d) Prohibition on Receiving Supplemental AIP Grants.--
       ``(1) In general.--In the event an individual violates 
     subsection (a) with respect to airport property, such airport 
     shall not be eligible for a grant under section 47104 unless 
     the operator of the airport certifies to the Administrator 
     that the airport took all actions to prevent and abate the 
     conduct prohibited by subsection (a) and arrest and prosecute 
     the offenders.
       ``(2) Process for certification.--Not later than 90 days 
     after the date of enactment of this section, the 
     Administrator shall develop and implement procedures for the 
     certification required under paragraph (1), including 
     processes for investigating a false statement in such a 
     certification.
       ``(3) Application.--If the operator of an airport fails to 
     certify to the Administrator in accordance with paragraph (1) 
     or the certification required by paragraph (1) contains a 
     material false statement or misrepresentation, such airport 
     shall not be eligible for a grant under section 47104 and 
     such airport

[[Page S3662]]

     shall be joint and severally liable for damages under 
     subsection (c) with any other defendants.
       ``(e) Rules of Construction.--Nothing in this section shall 
     be construed--
       ``(1) to prohibit any expressive conduct (including 
     peaceful picketing or other peaceful demonstration) protected 
     from legal prohibition by the First Amendment to the 
     Constitution;
       ``(2) to provide exclusive criminal penalties or civil 
     remedies with respect to the conduct prohibited by this 
     section, or to preempt State or local laws that may provide 
     such penalties or remedies; or
       ``(3) to interfere with the enforcement of State or local 
     laws regulating airports.
       ``(f) Definitions.--In this section:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Aviation Administration.
       ``(2) Airport property.--The term `airport property' 
     includes any land owned, leased, managed, or operated by an 
     airport for the purpose of providing airport services.
       ``(3) Airport services.--The term `airport services' means 
     aviation business or activities, activities necessary or 
     appropriate to serve passengers or cargo in air commerce, or 
     other related activities.
       ``(4) Interfere with.--The term `interfere with' means to 
     restrict a person's freedom of movement.
       ``(5) Intimidate.--The term `intimidate' means to place a 
     person in reasonable apprehension of bodily harm to himself 
     or herself or to another.
       ``(6) Minor.--The term `minor' has the meaning given that 
     term under the law of the State in which airport property is 
     located.
       ``(7) Physical obstruction.--The term `physical 
     obstruction' means rendering impassable ingress to or egress 
     from an airport property, or rendering passage to or from an 
     airport property unreasonably difficult or hazardous.
       ``(8) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and any commonwealth, territory, or 
     possession of the United States.''.
       (2) Clerical amendment.--The analysis for chapter 401 of 
     title 49, United States Code, as amended by sections 393 and 
     441, is amended by adding at the end the following:

``40133. Free Access to airports.''.
                                 ______
                                 
  SA 2061. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, Ms. 
Duckworth, and Mr. Moran) 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:

       Strike section 502 and insert the following:

     SEC. 502. ADDITIONAL WITHIN AND BEYOND PERIMETER SLOT 
                   EXEMPTIONS AT RONALD REAGAN WASHINGTON NATIONAL 
                   AIRPORT.

       (a) Increase in Number of Slot Exemptions.--Section 41718 
     of title 49, United States Code, is amended by adding at the 
     end the following new subsection:
       ``(i) Additional Slot Exemptions.--
       ``(1) Increase in slot exemptions.--Not later than 65 days 
     after the date of enactment of the FAA Reauthorization Act of 
     2024, the Secretary shall grant, by order, 10 exemptions 
     from--
       ``(A) the application of sections 49104(a)(5), 49109, and 
     41714 to air carriers to operate limited frequencies and 
     aircraft on routes between Ronald Reagan Washington National 
     Airport and domestic airports located within or beyond the 
     perimeter described in section 49109; and
       ``(B) the requirements of subparts K, S, and T of part 93 
     of title 14, Code of Federal Regulations.
       ``(2) Non-limited incumbents.--Of the slot exemptions made 
     available under paragraph (1), the Secretary shall make 8 
     available to incumbent air carriers qualifying for status as 
     a non-limited incumbent carrier at Ronald Reagan Washington 
     National Airport as of the date of enactment of the FAA 
     Reauthorization Act of 2024.
       ``(3) Limited incumbents.--Of the slot exemptions made 
     available under paragraph (1), the Secretary shall make 2 
     available to incumbent air carriers qualifying for status as 
     a limited incumbent carrier at Ronald Reagan Washington 
     National Airport as of the date of enactment of the FAA 
     Reauthorization Act of 2024.
       ``(4) Allocation procedures.--The Secretary shall allocate 
     the 10 slot exemptions provided under paragraph (1) pursuant 
     to the application process established by the Secretary under 
     subsection (d), subject to the following:
       ``(A) Limitations.--Each air carrier that is eligible under 
     paragraph (2) and paragraph (3) shall be eligible to operate 
     no more and no less than 2 of the newly authorized slot 
     exemptions.
       ``(B) Criteria.--The Secretary shall consider the extent to 
     which the exemptions will--
       ``(i) enhance options for nonstop travel to beyond-
     perimeter airports that do not have nonstop service from 
     Ronald Reagan Washington National Airport as of the date of 
     enactment of the FAA Reauthorization Act of 2024; or
       ``(ii) have a positive impact on the overall level of 
     competition in the markets that will be served as a result of 
     those exemptions.
       ``(5) Prohibition.--
       ``(A) In general.--The Metropolitan Washington Airports 
     Authority may not assess any penalty or similar levy against 
     an individual air carrier solely for obtaining and operating 
     a slot exemption authorized under this subsection.
       ``(B) Rule of construction.--Subparagraph (A) shall not be 
     construed as prohibiting the Metropolitan Washington Airports 
     Authority from assessing and collecting any penalty, fine, or 
     other levy, such as a handling fee or landing fee, that is--
       ``(i) authorized by the Metropolitan Washington Airports 
     Regulations;
       ``(ii) agreed to in writing by the air carrier; or
       ``(iii) charged in the ordinary course of business to an 
     air carrier operating at Ronald Reagan Washington National 
     Airport regardless of whether or not the air carrier obtained 
     a slot exemption authorized under this subsection.''.
       (b) Conforming Amendments.--Section 41718(c)(2)(A) of title 
     49, United States Code, is amended--
       (1) in clause (i) by striking ``and (b)'' and inserting ``, 
     (b), and (i)''; and
       (2) in clause (ii) by striking ``and (g)'' and inserting 
     ``(g), and (i)''.
       (c) Preservation of Existing Within Perimeter Service.--
     Nothing in this section, or the amendments made by this 
     section, shall be construed as authorizing the conversion of 
     a within-perimeter exemption or slot at Ronald Reagan 
     Washington National Airport that is in effect on the date of 
     enactment of this Act to serve an airport located beyond the 
     perimeter described in section 49109 of title 49, United 
     States Code.
       (d) Freeze in the Number of Operations at Airports When 
     Near Misses Occur.--
       (1) In general.--Beginning on the date of enactment of this 
     subsection, if a near-miss occurs on a surface of a part 139 
     airport, such airport shall freeze the number of operations 
     at the airport on a per-hour basis indefinitely until the 
     Administrator can certify that--
       (A) there is adequate air traffic controller staffing at 
     the airport;
       (B) proper surface surveillance technology is installed and 
     operational at the airport; and
       (C) the schedule of operations at the airport will not lead 
     to runway congestion.
       (2) Definitions.--In this subsection:
       (A) Near miss.--The term ``near miss'' means an incident in 
     aviation where 2 or more aircraft come close to colliding but 
     do not make contact.
       (B) Part 139 airport defined.--The term ``part 139 
     airport'' means an airport certified under part 139 of title 
     14, Code of Federal Regulations.
                                 ______
                                 
  SA 2062. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 2057 submitted by Mr. Warner (for himself, Mr. Kaine, Mr. 
Van Hollen, Mr. Cardin, and Mr. Tillis) and intended to be proposed to 
the amendment SA 1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, 
Ms. Duckworth, and Mr. Moran) 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       (d) FAA Safety Consultation.--In granting the slot 
     exemptions required by Section 41718(i) of title 49, United 
     States Code, as added by subsection (a), the Secretary may 
     consult with the Administrator to preserve the ongoing safety 
     of operations at Ronald Reagan Washington National Airport.
                                 ______
                                 
  SA 2063. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, Ms. 
Duckworth, and Mr. Moran) 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:

       Strike section 502 and insert the following:

     SEC. 502. ADDITIONAL WITHIN AND BEYOND PERIMETER SLOT 
                   EXEMPTIONS AT RONALD REAGAN WASHINGTON NATIONAL 
                   AIRPORT.

       (a) Increase in Number of Slot Exemptions.--Section 41718 
     of title 49, United States Code, is amended by adding at the 
     end the following new subsection:
       ``(i) Additional Slot Exemptions.--
       ``(1) Increase in slot exemptions.--Not later than 65 days 
     after the date of enactment of the FAA Reauthorization Act of 
     2024, the Secretary shall grant, by order, 10 exemptions 
     from--
       ``(A) the application of sections 49104(a)(5), 49109, and 
     41714 to air carriers to operate limited frequencies and 
     aircraft on routes between Ronald Reagan Washington National 
     Airport and domestic airports located within

[[Page S3663]]

     or beyond the perimeter described in section 49109; and
       ``(B) the requirements of subparts K, S, and T of part 93 
     of title 14, Code of Federal Regulations.
       ``(2) Non-limited incumbents.--Of the slot exemptions made 
     available under paragraph (1), the Secretary shall make 8 
     available to incumbent air carriers qualifying for status as 
     a non-limited incumbent carrier at Ronald Reagan Washington 
     National Airport as of the date of enactment of the FAA 
     Reauthorization Act of 2024.
       ``(3) Limited incumbents.--Of the slot exemptions made 
     available under paragraph (1), the Secretary shall make 2 
     available to incumbent air carriers qualifying for status as 
     a limited incumbent carrier at Ronald Reagan Washington 
     National Airport as of the date of enactment of the FAA 
     Reauthorization Act of 2024.
       ``(4) Allocation procedures.--The Secretary shall allocate 
     the 10 slot exemptions provided under paragraph (1) pursuant 
     to the application process established by the Secretary under 
     subsection (d), subject to the following:
       ``(A) Limitations.--Each air carrier that is eligible under 
     paragraph (2) and paragraph (3) shall be eligible to operate 
     no more and no less than 2 of the newly authorized slot 
     exemptions.
       ``(B) Criteria.--The Secretary shall consider the extent to 
     which the exemptions will--
       ``(i) enhance options for nonstop travel to beyond-
     perimeter airports that do not have nonstop service from 
     Ronald Reagan Washington National Airport as of the date of 
     enactment of the FAA Reauthorization Act of 2024; or
       ``(ii) have a positive impact on the overall level of 
     competition in the markets that will be served as a result of 
     those exemptions.
       ``(5) Prohibition.--
       ``(A) In general.--The Metropolitan Washington Airports 
     Authority may not assess any penalty or similar levy against 
     an individual air carrier solely for obtaining and operating 
     a slot exemption authorized under this subsection.
       ``(B) Rule of construction.--Subparagraph (A) shall not be 
     construed as prohibiting the Metropolitan Washington Airports 
     Authority from assessing and collecting any penalty, fine, or 
     other levy, such as a handling fee or landing fee, that is--
       ``(i) authorized by the Metropolitan Washington Airports 
     Regulations;
       ``(ii) agreed to in writing by the air carrier; or
       ``(iii) charged in the ordinary course of business to an 
     air carrier operating at Ronald Reagan Washington National 
     Airport regardless of whether or not the air carrier obtained 
     a slot exemption authorized under this subsection.''.
       (b) Conforming Amendments.--Section 41718(c)(2)(A) of title 
     49, United States Code, is amended--
       (1) in clause (i) by striking ``and (b)'' and inserting ``, 
     (b), and (i)''; and
       (2) in clause (ii) by striking ``and (g)'' and inserting 
     ``(g), and (i)''.
       (c) Preservation of Existing Within Perimeter Service.--
     Nothing in this section, or the amendments made by this 
     section, shall be construed as authorizing the conversion of 
     a within-perimeter exemption or slot at Ronald Reagan 
     Washington National Airport that is in effect on the date of 
     enactment of this Act to serve an airport located beyond the 
     perimeter described in section 49109 of title 49, United 
     States Code.
       (d) Free Access to Airports.--
       (1) In general.--Chapter 401 of title 49, United States 
     Code, as amended by sections 393 and 441, is amended by 
     adding the following new section:

     ``SEC. 40133. FREE ACCESS TO AIRPORTS.

       ``(a) Prohibited Activities.--Whoever--
       ``(1) by force or threat of force or by physical 
     obstruction, intentionally injures, intimidates, or 
     interferes with or attempts to injure, intimidate, or 
     interfere with any person because that person is or has been, 
     or in order to intimidate such person or any other person or 
     any class of persons from, obtaining airport services or 
     attempting ingress or egress from an airport property; or
       ``(2) intentionally damages or destroys airport property, 
     or attempts to do so,
     shall be subject to the penalties provided in subsection (b) 
     and the civil remedies provided in subsection (c), except 
     that a parent or legal guardian of a minor shall not be 
     subject to any penalties or civil remedies under this section 
     for conduct that is solely activity of the minor.
       ``(b) Penalties.--Whoever violates this section shall--
       ``(1) in the case of a first offense, be fined in 
     accordance with title 18, United States Code, or imprisoned 
     not more than 1 year, or both; and
       ``(2) in the case of a second or subsequent offense after a 
     prior conviction under this section, be fined in accordance 
     with such title 18, or imprisoned not more than 3 years, or 
     both,
     except that for an offense involving exclusively a nonviolent 
     physical obstruction, the fine shall be not more than $10,000 
     and the length of imprisonment shall be not more than 6 
     months, or both, for the first offense; and the fine shall, 
     notwithstanding section 3571 of such title 18, be not more 
     than $25,000 and the length of imprisonment shall be not more 
     than 18 months, or both, for a subsequent offense; and except 
     that if bodily injury results, the length of imprisonment 
     shall be not more than 10 years, and if death results, it 
     shall be for any term of years or for life.
       ``(c) Civil Remedies.--
       ``(1) Private right of action.--
       ``(A) In general.--Any person aggrieved by reason of 
     conduct prohibited by subsection (a) may commence a civil 
     action for the relief set forth in subparagraph (B), except 
     that such action may be brought only by a person involved in 
     providing or seeking to provide, or obtaining or seeking to 
     obtain, airport services at an airport property or attempting 
     ingress or egress from an airport property.
       ``(B) Relief.--In any action under subparagraph (A), the 
     court may award appropriate relief, including temporary, 
     preliminary, or permanent injunctive relief and compensatory 
     and punitive damages, as well as the costs of suit and 
     reasonable fees for attorneys and expert witnesses. With 
     respect to compensatory damages, the plaintiff may elect, at 
     any time prior to the rendering of final judgement, to 
     recover, in lieu of actual damages, an award of statutory 
     damages in the amount of $5,000 per violation.
       ``(2) Action by attorney general of the united states.--
       ``(A) In general.--If the Attorney General of the United 
     States has reasonable cause to believe that any person or 
     group of persons is being, has been, or may be injured by 
     conduct constituting a violation of this section, the 
     Attorney General may commence a civil action in any 
     appropriate United States District Court.
       ``(B) Relief.--In any action under subparagraph (A), the 
     court may award appropriate relief, including temporary, 
     preliminary, or permanent injunctive relief, and compensatory 
     damages to persons aggrieved as described in paragraph 
     (1)(B). The court, to vindicate the public interest, may also 
     assess a civil penalty against each respondent--
       ``(i) in an amount not exceeding $10,000 for a nonviolent 
     physical obstruction and $15,000 for other first violations; 
     and
       ``(ii) in an amount not exceeding $15,000 for a nonviolent 
     physical obstruction and $25,000 for any other subsequent 
     violation.
       ``(3) Actions by state attorneys general.--
       ``(A) In general.--If the Attorney General of a State has 
     reasonable cause to believe that any person or group of 
     persons is being, has been, or may be injured by conduct 
     constituting a violation of this section, such Attorney 
     General may commence a civil action in the name of such 
     State, as parens patriae on behalf of natural persons 
     residing in such State, in any appropriate United States 
     District Court.
       ``(B) Relief.--In any action under subparagraph (A), the 
     court may award appropriate relief, including temporary, 
     preliminary or permanent injunctive relief, compensatory 
     damages, and civil penalties as described in paragraph 
     (2)(B).
       ``(d) Prohibition on Receiving Supplemental AIP Grants.--
       ``(1) In general.--In the event an individual violates 
     subsection (a) with respect to airport property, such airport 
     shall not be eligible for a grant under section 47104 unless 
     the operator of the airport certifies to the Administrator 
     that the airport took all actions to prevent and abate the 
     conduct prohibited by subsection (a) and arrest and prosecute 
     the offenders.
       ``(2) Process for certification.--Not later than 90 days 
     after the date of enactment of this section, the 
     Administrator shall develop and implement procedures for the 
     certification required under paragraph (1), including 
     processes for investigating a false statement in such a 
     certification.
       ``(3) Application.--If the operator of an airport fails to 
     certify to the Administrator in accordance with paragraph (1) 
     or the certification required by paragraph (1) contains a 
     material false statement or misrepresentation, such airport 
     shall not be eligible for a grant under section 47104 and 
     such airport shall be joint and severally liable for damages 
     under subsection (c) with any other defendants.
       ``(e) Rules of Construction.--Nothing in this section shall 
     be construed--
       ``(1) to prohibit any expressive conduct (including 
     peaceful picketing or other peaceful demonstration) protected 
     from legal prohibition by the First Amendment to the 
     Constitution;
       ``(2) to provide exclusive criminal penalties or civil 
     remedies with respect to the conduct prohibited by this 
     section, or to preempt State or local laws that may provide 
     such penalties or remedies; or
       ``(3) to interfere with the enforcement of State or local 
     laws regulating airports.
       ``(f) Definitions.--In this section:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Aviation Administration.
       ``(2) Airport property.--The term `airport property' 
     includes any land owned, leased, managed, or operated by an 
     airport for the purpose of providing airport services.
       ``(3) Airport services.--The term `airport services' means 
     aviation business or activities, activities necessary or 
     appropriate to serve passengers or cargo in air commerce, or 
     other related activities.
       ``(4) Interfere with.--The term `interfere with' means to 
     restrict a person's freedom of movement.
       ``(5) Intimidate.--The term `intimidate' means to place a 
     person in reasonable apprehension of bodily harm to himself 
     or herself or to another.

[[Page S3664]]

       ``(6) Minor.--The term `minor' has the meaning given that 
     term under the law of the State in which airport property is 
     located.
       ``(7) Physical obstruction.--The term `physical 
     obstruction' means rendering impassable ingress to or egress 
     from an airport property, or rendering passage to or from an 
     airport property unreasonably difficult or hazardous.
       ``(8) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and any commonwealth, territory, or 
     possession of the United States.''.
       (2) Clerical amendment.--The analysis for chapter 401 of 
     title 49, United States Code, as amended by sections 393 and 
     441, is amended by adding at the end the following:

``40133. Free Access to airports.''.
                                 ______
                                 
  SA 2064. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, Ms. 
Duckworth, and Mr. Moran) 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:

       Strike section 502 and insert the following:

     SEC. 502. ADDITIONAL WITHIN AND BEYOND PERIMETER SLOT 
                   EXEMPTIONS AT RONALD REAGAN WASHINGTON NATIONAL 
                   AIRPORT.

       (a) Increase in Number of Slot Exemptions.--Section 41718 
     of title 49, United States Code, is amended by adding at the 
     end the following new subsection:
       ``(i) Additional Slot Exemptions.--
       ``(1) Increase in slot exemptions.--Not later than 65 days 
     after the date of enactment of the FAA Reauthorization Act of 
     2024, the Secretary shall grant, by order, 10 exemptions 
     from--
       ``(A) the application of sections 49104(a)(5), 49109, and 
     41714 to air carriers to operate limited frequencies and 
     aircraft on routes between Ronald Reagan Washington National 
     Airport and domestic airports located within or beyond the 
     perimeter described in section 49109; and
       ``(B) the requirements of subparts K, S, and T of part 93 
     of title 14, Code of Federal Regulations.
       ``(2) Non-limited incumbents.--Of the slot exemptions made 
     available under paragraph (1), the Secretary shall make 8 
     available to incumbent air carriers qualifying for status as 
     a non-limited incumbent carrier at Ronald Reagan Washington 
     National Airport as of the date of enactment of the FAA 
     Reauthorization Act of 2024.
       ``(3) Limited incumbents.--Of the slot exemptions made 
     available under paragraph (1), the Secretary shall make 2 
     available to incumbent air carriers qualifying for status as 
     a limited incumbent carrier at Ronald Reagan Washington 
     National Airport as of the date of enactment of the FAA 
     Reauthorization Act of 2024.
       ``(4) Allocation procedures.--The Secretary shall allocate 
     the 10 slot exemptions provided under paragraph (1) pursuant 
     to the application process established by the Secretary under 
     subsection (d), subject to the following:
       ``(A) Limitations.--Each air carrier that is eligible under 
     paragraph (2) and paragraph (3) shall be eligible to operate 
     no more and no less than 2 of the newly authorized slot 
     exemptions.
       ``(B) Criteria.--The Secretary shall consider the extent to 
     which the exemptions will--
       ``(i) enhance options for nonstop travel to beyond-
     perimeter airports that do not have nonstop service from 
     Ronald Reagan Washington National Airport as of the date of 
     enactment of the FAA Reauthorization Act of 2024; or
       ``(ii) have a positive impact on the overall level of 
     competition in the markets that will be served as a result of 
     those exemptions.
       ``(5) Prohibition.--
       ``(A) In general.--The Metropolitan Washington Airports 
     Authority may not assess any penalty or similar levy against 
     an individual air carrier solely for obtaining and operating 
     a slot exemption authorized under this subsection.
       ``(B) Rule of construction.--Subparagraph (A) shall not be 
     construed as prohibiting the Metropolitan Washington Airports 
     Authority from assessing and collecting any penalty, fine, or 
     other levy, such as a handling fee or landing fee, that is--
       ``(i) authorized by the Metropolitan Washington Airports 
     Regulations;
       ``(ii) agreed to in writing by the air carrier; or
       ``(iii) charged in the ordinary course of business to an 
     air carrier operating at Ronald Reagan Washington National 
     Airport regardless of whether or not the air carrier obtained 
     a slot exemption authorized under this subsection.''.
       (b) Conforming Amendments.--Section 41718(c)(2)(A) of title 
     49, United States Code, is amended--
       (1) in clause (i) by striking ``and (b)'' and inserting ``, 
     (b), and (i)''; and
       (2) in clause (ii) by striking ``and (g)'' and inserting 
     ``(g), and (i)''.
       (c) Preservation of Existing Within Perimeter Service.--
     Nothing in this section, or the amendments made by this 
     section, shall be construed as authorizing the conversion of 
     a within-perimeter exemption or slot at Ronald Reagan 
     Washington National Airport that is in effect on the date of 
     enactment of this Act to serve an airport located beyond the 
     perimeter described in section 49109 of title 49, United 
     States Code.
       (d) FAA Safety Consultation.--In granting the slot 
     exemptions required by Section 41718(i) of title 49, United 
     States Code, as added by subsection (a), the Secretary may 
     consult with the Administrator to preserve the ongoing safety 
     of operations at Ronald Reagan Washington National Airport.
                                 ______
                                 
  SA 2065. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 2057 submitted by Mr. Warner (for himself, Mr. Kaine, Mr. 
Van Hollen, Mr. Cardin, and Mr. Tillis) and intended to be proposed to 
the amendment SA 1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, 
Ms. Duckworth, and Mr. Moran) 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:

       At the end of the matter proposed to be inserted, insert 
     the following:
       (e) Freeze in the Number of Operations at Airports When 
     Near Misses Occur.--
       (1) In general.--Beginning on the date of enactment of this 
     subsection, if a near-miss occurs on a surface of a part 139 
     airport, such airport shall freeze the number of operations 
     at the airport on a per-hour basis indefinitely until the 
     Administrator can certify that--
       (A) there is adequate air traffic controller staffing at 
     the airport;
       (B) proper surface surveillance technology is installed and 
     operational at the airport; and
       (C) the schedule of operations at the airport will not lead 
     to runway congestion.
       (2) Definitions.--In this subsection:
       (A) Near miss.--The term ``near miss'' means an incident in 
     aviation where 2 or more aircraft come close to colliding but 
     do not make contact.
       (B) Part 139 airport defined.--The term ``part 139 
     airport'' means an airport certified under part 139 of title 
     14, Code of Federal Regulations.
                                 ______
                                 
  SA 2066. Mr. SCHUMER (for Mr. Cornyn) proposed an amendment to the 
bill S. 2825, to award a Congressional Gold Medal to the United States 
Army Dustoff crews of the Vietnam War, collectively, in recognition of 
their extraordinary heroism and life-saving actions in Vietnam; as 
follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Dustoff Crews of the Vietnam 
     War Congressional Gold Medal Act''.

     SEC. 2. FINDINGS.

       The Congress finds that--
       (1) a United States Army Dustoff crewman, including a 
     pilot, crew chief, and medic, is a helicopter crew member who 
     served honorably during the Vietnam War aboard helicopter air 
     ambulances, which were both nondivision and division assets 
     under the radio call signs ``Dustoff'' and ``Medevac'';
       (2) Dustoff crews performed aeromedical evacuation for 
     United States, Vietnamese, and allied forces in Southeast 
     Asia from May 1962 through March 1973;
       (3) nearing the end of World War II, the United States Army 
     began using helicopters for medical evacuation and years 
     later, during the Korean War, these helicopter air ambulances 
     were responsible for transporting 17,700 United States 
     casualties;
       (4) during the Vietnam War, with the use of helicopter air 
     ambulances, United States Army Dustoff crews pioneered the 
     concept of dedicated and rapid medical evacuation and 
     transported almost 900,000 United States, South Vietnamese, 
     and other allied sick and wounded, as well as wounded enemy 
     forces;
       (5) helicopters proved to be a revolutionary tool to assist 
     those injured on the battlefield;
       (6) highly skilled and intrepid, Dustoff crews were able to 
     operate the helicopters and land them on almost any terrain 
     in nearly any weather to pick up wounded, after which the 
     Dustoff crews could provide care to these patients while 
     transporting them to ready medical facilities;
       (7) the vital work of the Dustoff crews required consistent 
     combat exposure and often proved to be the difference between 
     life and death for wounded personnel;
       (8) the revolutionary concept of a dedicated combat life-
     saving system was cultivated and refined by United States 
     Army Dustoff crews during 11 years of intense conflict in and 
     above the jungles of Southeast Asia;
       (9) innovative and resourceful Dustoff crews in Vietnam 
     were responsible for taking the new concept of helicopter 
     medical evacuation, born just a few years earlier, and 
     revolutionizing it to meet and surpass the previously 
     unattainable goal of delivering a battlefield casualty to an 
     operating table within the vaunted ``golden hour'';
       (10) some Dustoff units in Vietnam operated so efficiently 
     that they were able to deliver a patient to a waiting medical 
     facility

[[Page S3665]]

     on an average of 50 minutes from the receipt of the mission, 
     which saved the lives of countless personnel in Vietnam, and 
     this legacy continues for modern-day Dustoff crews;
       (11) the inherent danger of being a member of a Dustoff 
     crew in Vietnam meant that there was a 1 in 3 chance of being 
     wounded or killed;
       (12) many battles during the Vietnam War raged at night, 
     and members of the Dustoff crews often found themselves 
     searching for a landing zone in complete darkness, in bad 
     weather, over mountainous terrain, and all while being the 
     target of intense enemy fire as they attempted to rescue the 
     wounded, which caused Dustoff crews to suffer a rate of 
     aircraft loss that was more than 3 times that of all other 
     types of combat helicopter missions in Vietnam;
       (13) the 54th Medical Detachment typified the constant 
     heroism displayed by Dustoff crews in Vietnam, over the span 
     of a 10-month tour, with only 3 flyable helicopters and 40 
     soldiers in the unit, evacuating 21,435 patients in 8,644 
     missions while being airborne for 4,832 hours;
       (14) collectively, the members of the 54th Medical 
     Detachment earned 78 awards for valor, including 1 Medal of 
     Honor, 1 Distinguished Service Cross, 14 Silver Star Medals, 
     26 Distinguished Flying Crosses, 2 Bronze Star Medals for 
     valor, 4 Air Medals for valor, 4 Soldier's Medals, and 26 
     Purple Heart Medals;
       (15) the 54th Medical Detachment displayed heroism on a 
     daily basis and set the standard for all Dustoff crews in 
     Vietnam;
       (16) 6 members of the 54th Medical Detachment are in the 
     Dustoff Hall of Fame, 3 are in the Army Aviation Hall of 
     Fame, and 1 is the only United States Army aviator in the 
     National Aviation Hall of Fame;
       (17) Dustoff crew members are among the most highly 
     decorated soldiers in United States military history;
       (18) in early 1964, Major Charles L. Kelly was the 
     Commanding Officer of the 57th Medical Detachment (Helicopter 
     Ambulance), Provisional, in Soc Trang, South Vietnam;
       (19) Major Kelly helped to forge the Dustoff call sign into 
     history as one of the most welcomed phrases to be heard over 
     the radio by wounded soldiers in perilous and dire 
     situations;
       (20) in 1964, Major Kelly was killed in action as he 
     gallantly maneuvered his aircraft to save a wounded United 
     States soldier and several Vietnamese soldiers and boldly 
     replied, after being warned to stay away from the landing 
     zone due to the ferocity of enemy fire, ``When I have your 
     wounded.'';
       (21) General William Westmoreland, Commander of the 
     Military Assistance Command, Vietnam from 1964 to 1968, 
     singled out Major Kelly as an example of ``the greatness of 
     the human spirit'' and highlighted his famous reply as an 
     inspiration to all in combat;
       (22) General Creighton Abrams, successor to General 
     Westmoreland from 1968 to 1972, and former Chief of Staff of 
     the United States Army, highlighted the heroism of Dustoff 
     crews, ``A special word about the Dustoffs . . . . Courage 
     above and beyond the call of duty was sort of routine to 
     them. It was a daily thing, part of the way they lived. 
     That's the great part, and it meant so much to every last man 
     who served there. Whether he ever got hurt or not, he knew 
     Dustoff was there.'';
       (23) Dustoff crews possessed unique skills and traits that 
     made them highly successful in aeromedical evacuation in 
     Vietnam, including indomitable courage, extraordinary 
     aviation skill and sound judgment under fire, high-level 
     medical expertise, and an unequaled dedication to the 
     preservation of human life;
       (24) members of the United States Armed Forces on the 
     ground in Vietnam had their confidence and battlefield 
     prowess reinforced knowing that there were heroic Dustoff 
     crews just a few minutes from the fight, which was 
     instrumental to their well-being, willingness to fight, and 
     morale;
       (25) military families in the United States knew that their 
     loved ones would receive the quickest and best possible care 
     in the event of a war-time injury, thanks to the Dustoff 
     crews;
       (26) the willingness of Dustoff crews to also risk their 
     lives to save helpless civilians left an immeasurably 
     positive impression on the people of Vietnam and exemplified 
     the finest United States ideals of compassion and humanity; 
     and
       (27) Dustoff crews from the Vietnam War hailed from every 
     State in the United States and represented numerous ethnic, 
     religious, and cultural backgrounds.

     SEC. 3. CONGRESSIONAL GOLD MEDAL.

       (a) Presentation Authorized.--The Speaker of the House of 
     Representatives and the President pro tempore of the Senate 
     shall make appropriate arrangements for the presentation, on 
     behalf of Congress, of a single gold medal of appropriate 
     design in honor of the Dustoff crews of the Vietnam War, 
     collectively, in recognition of their heroic military 
     service, which saved countless lives and contributed directly 
     to the defense of the United States.
       (b) Design and Striking.--For purposes of the presentation 
     referred to in subsection (a), the Secretary of the Treasury 
     (referred to in this Act as the ``Secretary'') shall strike a 
     gold medal with suitable emblems, devices, and inscriptions, 
     to be determined by the Secretary, in consultation with the 
     Secretary of Defense.
       (c) U.S. Army Medical Department Museum.--
       (1) In general.--Following the award of the gold medal in 
     honor of the Dustoff Crews of the Vietnam War, the gold medal 
     shall be given to the U.S. Army Medical Department Museum, 
     where it will be available for display as appropriate and 
     available for research.
       (2) Sense of congress.--It is the sense of Congress that 
     the U.S. Army Medical Department Museum should make the gold 
     medal awarded pursuant to this Act available for display 
     elsewhere, particularly at appropriate locations associated 
     with the Vietnam War, and that preference should be given to 
     locations affiliated with the U.S. Army Medical Department 
     Museum.

     SEC. 4. DUPLICATE MEDALS.

       The Secretary may strike and sell duplicates in bronze of 
     the gold medal struck under section 3, at a price sufficient 
     to cover the costs thereof, including labor, materials, dies, 
     use of machinery, and overhead expenses.

     SEC. 5. STATUS OF MEDALS.

       (a) National Medal.--Medals struck pursuant to this Act are 
     national medals for purposes of chapter 51 of title 31, 
     United States Code.
       (b) Numismatic Items.--For purposes of sections 5134 and 
     5136 of title 31, United States Code, all medals struck under 
     this Act shall be considered to be numismatic items.

     SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.

       (a) Authority To Use Fund Amounts.--There is authorized to 
     be charged against the United States Mint Public Enterprise 
     Fund such amounts as may be necessary to pay for the costs of 
     the medals struck under this Act.
       (b) Proceeds of Sale.--Amounts received from the sale of 
     duplicate bronze medals authorized under section 4 shall be 
     deposited into the United States Mint Public Enterprise Fund.

                          ____________________