[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2394 Introduced in House (IH)]

<DOC>






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. Barragan) introduced the 
    following bill; which was referred to the Committee on Homeland 
   Security, and in addition to the Committee on Transportation and 
   Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 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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