[Congressional Record Volume 170, Number 81 (Thursday, May 9, 2024)]
[Senate]
[Pages S3661-S3662]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.''.
                                 ______