[Congressional Record Volume 170, Number 81 (Thursday, May 9, 2024)]
[Senate]
[Pages S3662-S3664]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.''.
                                 ______