S.Amdt. 2060

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.''.
______