Summary
# PROTECTION FROM ABUSIVE PASSENGERS ACT
## Plain English Translation
---
## WHAT THIS BILL DOES
This bill creates a system to ban passengers who behave abusively on airplanes from flying on commercial aircraft. The Transportation Security Administration (a federal agency that handles airport security) will maintain a list of these banned passengers. The bill also makes sure banned passengers cannot use faster security lines at airports.
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## WHO IT AFFECTS
- Airline crew members
- Airport security screening personnel
- Airplane passengers
- The Transportation Security Administration (federal agency)
- The Federal Aviation Administration (federal agency)
- The Attorney General (top law enforcement official)
- Individuals who engage in abusive behavior on planes
---
## KEY PROVISIONS
- An "abusive passenger" is defined as anyone who receives a civil penalty (financial punishment) for breaking federal aviation safety rules, gets convicted of federal crimes involving assaults or threats against crew members on planes, or tampers with airplane security systems. (Sec. 2)
- The Transportation Security Administration must create and maintain a list of abusive passengers and prevent them from boarding any commercial aircraft until they are removed from the list. (Sec. 4)
- Within 180 days after the law passes, the Transportation Security Administration must publish detailed policies and procedures for how passengers get added to the list, how they can appeal to be removed, and how mistakes are corrected. (Sec. 5)
- Banned passengers become permanently ineligible for PreCheck (a trusted traveler program) and Global Entry (a trusted traveler program) unless the Secretary of Homeland Security approves otherwise. (Sec. 9)
- Every 3 years, the Inspector General of the Department of Homeland Security must review the list and report to Congress about whether the list treats people fairly regardless of race or ethnicity. (Sec. 8)
---
## WHAT CHANGES
If this bill becomes law, the Transportation Security Administration will create and manage a banned passenger list. People on this list cannot fly on commercial aircraft and lose eligibility for PreCheck and Global Entry programs. The Transportation Security Administration will have to publish procedures for how people get added to the list and how they can try to get removed. Congress will receive annual reports about who is on the list and why. The information used to create the list will be protected from public disclosure.
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## IMPORTANT DEFINITIONS
**Abusive Passenger**: Any person who, after the law passes, receives a civil penalty for breaking federal aviation safety rules, gets convicted of federal crimes involving assaults or threats against crew members on planes, or tampers with airplane security systems. (Sec. 2)
**Aircraft in Flight**: Not specified in bill text
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## EFFECTIVE DATE
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 2394
To protect airline crew members, security screening personnel, and passengers
by banning abusive passengers from commercial aircraft flights, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 29, 2023
Mr. SWALWELL (for himself, Mr. FITZPATRICK, Mr. GARAMENDI, Mr. BACON,
Mr. THOMPSON of California, Mr. SCHIFF, Mr. GOMEZ, Mr. SCHNEIDER,
Mr. GALLEGO, Mr. GRIJALVA, Ms. NORTON, and Ms. BARRAGA´N) intro-
duced the following bill; which was referred to the Committee on Home-
land Security, and in addition to the Committee on Transportation and
Infrastructure, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned
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’’.
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•HR 2394 IH
SEC. 2. DEFINED TERM.
1
In this Act, the term ‘‘abusive passenger’’ means any
2
individual who, on or after the date of the enactment of
3
this Act, engages in behavior that results in—
4
(1) the assessment of a civil penalty for—
5
(A) engaging in conduct prohibited under
6
section 46318 of title 49, United States Code;
7
or
8
(B) tampering with, interfering with, com-
9
promising, modifying, or attempting to cir-
10
cumvent any security system, measure, or pro-
11
cedure related to civil aviation security in viola-
12
tion of section 1540.105(a)(1) of title 49, Code
13
of Federal Regulations, if such violation is com-
14
mitted on an aircraft in flight (as defined in
15
section 46501(1) of title 49, United States
16
Code);
17
(2) a conviction for a violation of section 46503
18
or 46504 of title 49, United States Code; or
19
(3) a conviction for any other Federal offense
20
involving assaults, threats, or intimidation against a
21
crewmember on an aircraft in flight (as defined in
22
section 46501(1) of title 49, United States Code).
23
SEC. 3. REFERRALS.
24
The Administrator of the Federal Aviation Adminis-
25
tration or the Attorney General shall provide the identity
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•HR 2394 IH
(including the full name, full date of birth, and gender)
1
of all abusive passengers to the Administrator of the
2
Transportation Security Administration.
3
SEC. 4. BANNED FLIERS.
4
(a) LIST.—The Administrator of the Transportation
5
Security Administration shall maintain a list of abusive
6
passengers.
7
(b) EFFECT OF INCLUSION ON LIST.—
8
(1) IN GENERAL.—Any individual included on
9
the list maintained pursuant to subsection (a) shall
10
be prohibited from boarding any commercial aircraft
11
flight until such individual is removed from such list
12
in accordance with the procedures established by the
13
Administrator pursuant to section 5.
14
(2) OTHER LISTS.—The placement of an indi-
15
vidual on the list maintained pursuant to subsection
16
(a) shall not preclude the placement of such indi-
17
vidual on other lists maintained by the Federal Gov-
18
ernment and used by the Administrator of the
19
Transportation Security Administration pursuant to
20
sections 114(h) and 44903(j)(2)(C) of title 49,
21
United States Code, to prohibit such individual from
22
boarding a flight or to take other appropriate action
23
with respect to such individual if the Administrator
24
determines that such individual—
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•HR 2394 IH
(A) poses a risk to the transportation sys-
1
tem or national security;
2
(B) poses a risk of air piracy or terrorism;
3
(C) poses a threat to airline or passenger
4
safety; or
5
(D) poses a threat to civil aviation or na-
6
tional security.
7
SEC. 5. POLICIES AND PROCEDURES FOR HANDLING ABU-
8
SIVE PASSENGERS.
9
Not later than 180 days after the date of the enact-
10
ment of this Act, the Administrator of the Transportation
11
Security Administration shall develop, and post on a pub-
12
licly available website of the Transportation Security Ad-
13
ministration, policies and procedures for handling individ-
14
uals included on the list maintained pursuant to section
15
4(a), including—
16
(1) the process for receiving and handling refer-
17
rals received pursuant to section 3;
18
(2) the method by which the list of banned fli-
19
ers required under section 4(a) will be maintained;
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(3) specific guidelines and considerations for re-
21
moving an individual from such list based on the
22
gravity of each offense described in section 2;
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•HR 2394 IH
(4) the procedures for the expeditious removal
1
of the names of individuals who were erroneously in-
2
cluded on such list;
3
(5) the circumstances under which certain indi-
4
viduals rightfully included on such list may petition
5
to be removed from such list, including the proce-
6
dures for appealing a denial of such petition; and
7
(6) the process for providing to any individual
8
who is the subject of a referral under section 3—
9
(A) written notification, not later than 5
10
days after receiving such referral, including an
11
explanation
of
the
procedures
and
cir-
12
cumstances referred to in paragraphs (4) and
13
(5); and
14
(B) an opportunity to seek relief under
15
paragraph (4) during the 5-day period begin-
16
ning on the date on which the individual re-
17
ceived the notification referred to in subpara-
18
graph (A) to avoid being erroneously included
19
on the list of abusive passengers referred to in
20
section 4(a).
21
SEC. 6. CONGRESSIONAL BRIEFING.
22
Not later than 1 year after the date of the enactment
23
of this Act, the Administrator of the Transportation Secu-
24
rity Administration shall brief the Committee on Com-
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•HR 2394 IH
merce, Science, and Transportation of the Senate and the
1
Committee on Homeland Security of the House of Rep-
2
resentatives regarding the policies and procedures devel-
3
oped pursuant to section 5.
4
SEC. 7. ANNUAL REPORT.
5
The Administrator of the Transportation Security
6
Administration shall submit an annual report to the Com-
7
mittee on Commerce, Science, and Transportation of the
8
Senate and the Committee on Homeland Security of the
9
House of Representatives that contains nonpersonally
10
identifiable information regarding the composition of the
11
list required under section 4(a), including—
12
(1) the number of individuals included on such
13
list;
14
(2) the age and sex of the individuals included
15
on such list;
16
(3) the underlying offense or offenses of the in-
17
dividuals included on such list;
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(4) the period of time each individual has been
19
included on such list;
20
(5) the number of individuals rightfully in-
21
cluded on such list who have petitioned for removal
22
and the status of such petitions;
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•HR 2394 IH
(6) the number of individuals erroneously in-
1
cluded on such list and the time required to remove
2
such individuals from such list; and
3
(7) the number of individuals erroneously in-
4
cluded on such list who have been prevented from
5
traveling.
6
SEC. 8. INSPECTOR GENERAL REVIEW.
7
Not less frequently than once every 3 years, the In-
8
spector General of the Department of Homeland Security
9
shall review and report to the Committee on Commerce,
10
Science, and Transportation of the Senate and the Com-
11
mittee on Homeland Security of the House of Representa-
12
tives regarding the administration and maintenance of the
13
list required under sections 4 and 5, including an assess-
14
ment of any disparities based on race or ethnicity in the
15
treatment of petitions for removal.
16
SEC. 9. INELIGIBILITY FOR TRUSTED TRAVELER PRO-
17
GRAMS.
18
Except under policies and procedures established by
19
the Secretary of Homeland Security, all abusive pas-
20
sengers shall be permanently ineligible to participate in—
21
(1) the Transportation Security Administra-
22
tion’s PreCheck program; or
23
(2) U.S. Customs and Border Protection’s
24
Global Entry program.
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•HR 2394 IH
SEC. 10. LIMITATION.
1
(a) IN GENERAL.—The inclusion of a person’s name
2
on a list described in section 4(a) may not be used as the
3
basis for denying any right or privilege under Federal law
4
except for the rights and privileges described in sections
5
4(b), 5, and 9.
6
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
7
tion may be construed to limit the dissemination, or bar
8
the consideration, of the facts and circumstances that
9
prompt placement of a person on the list described in sec-
10
tion 4(a).
11
SEC. 11. PRIVACY.
12
Personally identifiable information used to create the
13
list required under section 4(a)—
14
(1) shall be exempt from disclosure under sec-
15
tion 552(b)(3) of title 5, United States Code; and
16
(2) shall not be made available by any Federal,
17
State, Tribal, or local authority pursuant to any
18
Federal, State, Tribal, or local law requiring public
19
disclosure of information or records.
20
SEC. 12. SAVINGS PROVISION.
21
Nothing in this Act may be construed to limit the
22
authority of the Transportation Security Administration
23
or of any other Federal agency to undertake measures to
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•HR 2394 IH
protect passengers, flight crew members, or security offi-
1
cers under any other provision of law.
2
Æ
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