What This Bill Does
This bill creates a list of "abusive passengers" who are banned from flying on commercial aircraft. The law targets people who have been penalized or convicted for aggressive behavior toward airline crew members, security workers, or others on flights. The Transportation Security Administration will maintain this list and handle decisions about removing people from it.
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Who It Affects
Passengers who engage in abusive behavior on aircraft, airline crew members, security screening personnel, the Transportation Security Administration, the Federal Aviation Administration, the Attorney General, and the Department of Homeland Security.
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Key Provisions
• The Transportation Security Administration will keep a list of abusive passengers and prevent them from boarding commercial aircraft until they are removed from the list (Sec. 4)
• An "abusive passenger" is someone who receives a civil penalty for prohibited conduct on aircraft, or who is convicted of assaults, threats, or intimidation against crew members during flight (Sec. 2)
• The Federal Aviation Administration or Attorney General must provide the names, birth dates, and genders of abusive passengers to the Transportation Security Administration (Sec. 3)
• The Transportation Security Administration must create policies within 180 days for handling abusive passengers, including how people can be removed from the list and how to correct mistakes (Sec. 5)
• Abusive passengers become permanently ineligible for the TSA PreCheck program and U.S. Customs and Border Protection's Global Entry program (Sec. 9)
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What Changes
A new federal list of banned passengers will be created and maintained. People on this list cannot board commercial aircraft unless removed through established procedures. The Transportation Security Administration will develop and post public procedures for adding people to the list, removing them, and handling appeals. Annual reports will be submitted to Congress about the list's contents.
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Important Definitions
"Abusive passenger" means any individual who, on or after the bill becomes law, engages in behavior resulting in a civil penalty for prohibited aircraft conduct, a civil penalty for tampering with or interfering with aviation security systems, or a conviction for assaults, threats, or intimidation against crew members on an aircraft during flight.
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Effective Date
Not specified in bill text
II
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 per-
sonnel, and passengers by banning abusive passengers
from commercial aircraft flights, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Protection from Abu-
4
sive Passengers Act’’.
5
SEC. 2. DEFINED TERM.
6
In this Act, the term ‘‘abusive passenger’’ means any
7
individual who, on or after the date of the enactment of
8
this Act, engages in behavior that results in—
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•S 1058 IS
(1) the assessment of a civil penalty for—
1
(A) engaging in conduct prohibited under
2
section 46318 of title 49, United States Code;
3
or
4
(B) tampering with, interfering with, com-
5
promising, modifying, or attempting to cir-
6
cumvent any security system, measure, or pro-
7
cedure related to civil aviation security in viola-
8
tion of section 1540.105(a)(1) of title 49, Code
9
of Federal Regulations, if such violation is com-
10
mitted on an aircraft in flight (as defined in
11
section 46501(1) of title 49, United States
12
Code);
13
(2) a conviction for a violation of section 46503
14
or 46504 of title 49, United States Code; or
15
(3) a conviction for any other Federal offense
16
involving assaults, threats, or intimidation against a
17
crewmember on an aircraft in flight (as defined in
18
section 46501(1) of title 49, United States Code).
19
SEC. 3. REFERRALS.
20
The Administrator of the Federal Aviation Adminis-
21
tration or the Attorney General shall provide the identity
22
(including the full name, full date of birth, and gender)
23
of all abusive passengers to the Administrator of the
24
Transportation Security Administration.
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•S 1058 IS
SEC. 4. BANNED FLIERS.
1
(a) LIST.—The Administrator of the Transportation
2
Security Administration shall maintain a list of abusive
3
passengers.
4
(b) EFFECT OF INCLUSION ON LIST.—
5
(1) IN GENERAL.—Any individual included on
6
the list maintained pursuant to subsection (a) shall
7
be prohibited from boarding any commercial aircraft
8
flight until such individual is removed from such list
9
in accordance with the procedures established by the
10
Administrator pursuant to section 5.
11
(2) OTHER LISTS.—The placement of an indi-
12
vidual on the list maintained pursuant to subsection
13
(a) shall not preclude the placement of such indi-
14
vidual on other lists maintained by the Federal Gov-
15
ernment and used by the Administrator of the
16
Transportation Security Administration pursuant to
17
sections 114(h) and 44903(j)(2)(C) of title 49,
18
United States Code, to prohibit such individual from
19
boarding a flight or to take other appropriate action
20
with respect to such individual if the Administrator
21
determines that such individual—
22
(A) poses a risk to the transportation sys-
23
tem or national security;
24
(B) poses a risk of air piracy or terrorism;
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(C) poses a threat to airline or passenger
1
safety; or
2
(D) poses a threat to civil aviation or na-
3
tional security.
4
SEC. 5. POLICIES AND PROCEDURES FOR HANDLING ABU-
5
SIVE PASSENGERS.
6
Not later than 180 days after the date of the enact-
7
ment of this Act, the Administrator of the Transportation
8
Security Administration shall develop, and post on a pub-
9
licly available website of the Transportation Security Ad-
10
ministration, policies and procedures for handling individ-
11
uals included on the list maintained pursuant to section
12
4(a), including—
13
(1) the process for receiving and handling refer-
14
rals received pursuant to section 3;
15
(2) the method by which the list of banned fli-
16
ers required under section 4(a) will be maintained;
17
(3) specific guidelines and considerations for re-
18
moving an individual from such list based on the
19
gravity of each offense described in section 2;
20
(4) the procedures for the expeditious removal
21
of the names of individuals who were erroneously in-
22
cluded on such list;
23
(5) the circumstances under which certain indi-
24
viduals rightfully included on such list may petition
25
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•S 1058 IS
to be removed from such list, including the proce-
1
dures for appealing a denial of such petition; and
2
(6) the process for providing to any individual
3
who is the subject of a referral under section 3—
4
(A) written notification, not later than 5
5
days after receiving such referral, including an
6
explanation
of
the
procedures
and
cir-
7
cumstances referred to in paragraphs (4) and
8
(5); and
9
(B) an opportunity to seek relief under
10
paragraph (4) during the 5-day period begin-
11
ning on the date on which the individual re-
12
ceived the notification referred to in subpara-
13
graph (A) to avoid being erroneously included
14
on the list of abusive passengers referred to in
15
section 4(a).
16
SEC. 6. CONGRESSIONAL BRIEFING.
17
Not later than 1 year after the date of the enactment
18
of this Act, the Administrator of the Transportation Secu-
19
rity Administration shall brief the Committee on Com-
20
merce, Science, and Transportation of the Senate and the
21
Committee on Homeland Security of the House of Rep-
22
resentatives regarding the policies and procedures devel-
23
oped pursuant to section 5.
24
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•S 1058 IS
SEC. 7. ANNUAL REPORT.
1
The Administrator of the Transportation Security
2
Administration shall submit an annual report to the Com-
3
mittee on Commerce, Science, and Transportation of the
4
Senate and the Committee on Homeland Security of the
5
House of Representatives that contains nonpersonally
6
identifiable information regarding the composition of the
7
list required under section 4(a), including—
8
(1) the number of individuals included on such
9
list;
10
(2) the age and sex of the individuals included
11
on such list;
12
(3) the underlying offense or offenses of the in-
13
dividuals included on such list;
14
(4) the period of time each individual has been
15
included on such list;
16
(5) the number of individuals rightfully in-
17
cluded on such list who have petitioned for removal
18
and the status of such petitions;
19
(6) the number of individuals erroneously in-
20
cluded on such list and the time required to remove
21
such individuals from such list; and
22
(7) the number of individuals erroneously in-
23
cluded on such list who have been prevented from
24
traveling.
25
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•S 1058 IS
SEC. 8. INSPECTOR GENERAL REVIEW.
1
Not less frequently than once every 3 years, the In-
2
spector General of the Department of Homeland Security
3
shall review and report to the Committee on Commerce,
4
Science, and Transportation of the Senate and the Com-
5
mittee on Homeland Security of the House of Representa-
6
tives regarding the administration and maintenance of the
7
list required under sections 4 and 5, including an assess-
8
ment of any disparities based on race or ethnicity in the
9
treatment of petitions for removal.
10
SEC. 9. INELIGIBILITY FOR TRUSTED TRAVELER PRO-
11
GRAMS.
12
Except under policies and procedures established by
13
the Secretary of Homeland Security, all abusive pas-
14
sengers shall be permanently ineligible to participate in—
15
(1) the Transportation Security Administra-
16
tion’s PreCheck program; or
17
(2) U.S. Customs and Border Protection’s
18
Global Entry program.
19
SEC. 10. LIMITATION.
20
(a) IN GENERAL.—The inclusion of a person’s name
21
on a list described in section 4(a) may not be used as the
22
basis for denying any right or privilege under Federal law
23
except for the rights and privileges described in sections
24
4(b), 5, and 9.
25
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•S 1058 IS
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
1
tion may be construed to limit the dissemination, or bar
2
the consideration, of the facts and circumstances that
3
prompt placement of a person on the list described in sec-
4
tion 4(a).
5
SEC. 11. PRIVACY.
6
Personally identifiable information used to create the
7
list required under section 4(a)—
8
(1) shall be exempt from disclosure under sec-
9
tion 552(b)(3) of title 5, United States Code; and
10
(2) shall not be made available by any Federal,
11
State, Tribal, or local authority pursuant to any
12
Federal, State, Tribal, or local law requiring public
13
disclosure of information or records.
14
SEC. 12. SAVINGS PROVISION.
15
Nothing in this Act may be construed to limit the
16
authority of the Transportation Security Administration
17
or of any other Federal agency to undertake measures to
18
protect passengers, flight crew members, or security offi-
19
cers under any other provision of law.
20
Æ
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