[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1058 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1058
To protect airline crew members, security screening personnel, and
passengers by banning abusive passengers from commercial aircraft
flights, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 29, 2023
Mr. Reed (for himself and Mr. Durbin) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To protect airline crew members, security screening personnel, and
passengers by banning abusive passengers from commercial aircraft
flights, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection from Abusive Passengers
Act''.
SEC. 2. DEFINED TERM.
In this Act, the term ``abusive passenger'' means any individual
who, on or after the date of the enactment of this Act, engages in
behavior that results in--
(1) the assessment of a civil penalty for--
(A) engaging in conduct prohibited under section
46318 of title 49, United States Code; or
(B) tampering with, interfering with, compromising,
modifying, or attempting to circumvent any security
system, measure, or procedure related to civil aviation
security in violation of section 1540.105(a)(1) of
title 49, Code of Federal Regulations, if such
violation is committed on an aircraft in flight (as
defined in section 46501(1) of title 49, United States
Code);
(2) a conviction for a violation of section 46503 or 46504
of title 49, United States Code; or
(3) a conviction for any other Federal offense involving
assaults, threats, or intimidation against a crewmember on an
aircraft in flight (as defined in section 46501(1) of title 49,
United States Code).
SEC. 3. REFERRALS.
The Administrator of the Federal Aviation Administration or the
Attorney General shall provide the identity (including the full name,
full date of birth, and gender) of all abusive passengers to the
Administrator of the Transportation Security Administration.
SEC. 4. BANNED FLIERS.
(a) List.--The Administrator of the Transportation Security
Administration shall maintain a list of abusive passengers.
(b) Effect of Inclusion on List.--
(1) In general.--Any individual included on the list
maintained pursuant to subsection (a) shall be prohibited from
boarding any commercial aircraft flight until such individual
is removed from such list in accordance with the procedures
established by the Administrator pursuant to section 5.
(2) Other lists.--The placement of an individual on the
list maintained pursuant to subsection (a) shall not preclude
the placement of such individual on other lists maintained by
the Federal Government and used by the Administrator of the
Transportation Security Administration pursuant to sections
114(h) and 44903(j)(2)(C) of title 49, United States Code, to
prohibit such individual from boarding a flight or to take
other appropriate action with respect to such individual if the
Administrator determines that such individual--
(A) poses a risk to the transportation system or
national security;
(B) poses a risk of air piracy or terrorism;
(C) poses a threat to airline or passenger safety;
or
(D) poses a threat to civil aviation or national
security.
SEC. 5. POLICIES AND PROCEDURES FOR HANDLING ABUSIVE PASSENGERS.
Not later than 180 days after the date of the enactment of this
Act, the Administrator of the Transportation Security Administration
shall develop, and post on a publicly available website of the
Transportation Security Administration, policies and procedures for
handling individuals included on the list maintained pursuant to
section 4(a), including--
(1) the process for receiving and handling referrals
received pursuant to section 3;
(2) the method by which the list of banned fliers required
under section 4(a) will be maintained;
(3) specific guidelines and considerations for removing an
individual from such list based on the gravity of each offense
described in section 2;
(4) the procedures for the expeditious removal of the names
of individuals who were erroneously included on such list;
(5) the circumstances under which certain individuals
rightfully included on such list may petition to be removed
from such list, including the procedures for appealing a denial
of such petition; and
(6) the process for providing to any individual who is the
subject of a referral under section 3--
(A) written notification, not later than 5 days
after receiving such referral, including an explanation
of the procedures and circumstances referred to in
paragraphs (4) and (5); and
(B) an opportunity to seek relief under paragraph
(4) during the 5-day period beginning on the date on
which the individual received the notification referred
to in subparagraph (A) to avoid being erroneously
included on the list of abusive passengers referred to
in section 4(a).
SEC. 6. CONGRESSIONAL BRIEFING.
Not later than 1 year after the date of the enactment of this Act,
the Administrator of the Transportation Security Administration shall
brief the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Homeland Security of the House of
Representatives regarding the policies and procedures developed
pursuant to section 5.
SEC. 7. ANNUAL REPORT.
The Administrator of the Transportation Security Administration
shall submit an annual report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Homeland Security
of the House of Representatives that contains nonpersonally
identifiable information regarding the composition of the list required
under section 4(a), including--
(1) the number of individuals included on such list;
(2) the age and sex of the individuals included on such
list;
(3) the underlying offense or offenses of the individuals
included on such list;
(4) the period of time each individual has been included on
such list;
(5) the number of individuals rightfully included on such
list who have petitioned for removal and the status of such
petitions;
(6) the number of individuals erroneously included on such
list and the time required to remove such individuals from such
list; and
(7) the number of individuals erroneously included on such
list who have been prevented from traveling.
SEC. 8. INSPECTOR GENERAL REVIEW.
Not less frequently than once every 3 years, the Inspector General
of the Department of Homeland Security shall review and report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Homeland Security of the House of Representatives
regarding the administration and maintenance of the list required under
sections 4 and 5, including an assessment of any disparities based on
race or ethnicity in the treatment of petitions for removal.
SEC. 9. INELIGIBILITY FOR TRUSTED TRAVELER PROGRAMS.
Except under policies and procedures established by the Secretary
of Homeland Security, all abusive passengers shall be permanently
ineligible to participate in--
(1) the Transportation Security Administration's PreCheck
program; or
(2) U.S. Customs and Border Protection's Global Entry
program.
SEC. 10. LIMITATION.
(a) In General.--The inclusion of a person's name on a list
described in section 4(a) may not be used as the basis for denying any
right or privilege under Federal law except for the rights and
privileges described in sections 4(b), 5, and 9.
(b) Rule of Construction.--Nothing in this section may be construed
to limit the dissemination, or bar the consideration, of the facts and
circumstances that prompt placement of a person on the list described
in section 4(a).
SEC. 11. PRIVACY.
Personally identifiable information used to create the list
required under section 4(a)--
(1) shall be exempt from disclosure under section 552(b)(3)
of title 5, United States Code; and
(2) shall not be made available by any Federal, State,
Tribal, or local authority pursuant to any Federal, State,
Tribal, or local law requiring public disclosure of information
or records.
SEC. 12. SAVINGS PROVISION.
Nothing in this Act may be construed to limit the authority of the
Transportation Security Administration or of any other Federal agency
to undertake measures to protect passengers, flight crew members, or
security officers under any other provision of law.
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