[Congressional Record Volume 169, Number 57 (Wednesday, March 29, 2023)]
[Senate]
[Page S1055]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REED (for himself and Mr. Durbin):
  S. 1058. A bill to protect airline crew members, security screening 
personnel, and passengers by banning abusive passengers from commercial 
aircraft flights, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.
  Mr. REED. Madam President, today I am introducing the Protection from 
Abusive Passengers Act, a bill that is aimed at eliminating the rash of 
violence and abuse that is occurring on commercial flights across the 
country. I am pleased to be joined in this effort by Representatives 
Eric Swalwell of California and Brian Fitzpatrick of Pennsylvania, who 
are introducing companion legislation in the other body. The goal of 
our bill is to send a clear signal that individuals who engage in 
serious abusive or violent behavior on an aircraft or at an airport 
security checkpoint will be banned from flying.
  In the last few years, we have seen an extraordinary increase in the 
number of cases of violence and abuse against crewmembers and airline 
passengers. In 2022, the Federal Aviation Administration received 2,456 
reports of ``unruly passengers.'' Those complaints led to 831 
investigations, a record 567 enforcement actions initiated, and a 
historic $8.45 million in proposed fines. That makes 2022 one of the 
most violent years in air travel since the FAA started tracking 
incidents in the mid-1990s, second only to 2021. While the numbers are 
trending down, we are still seeing some extraordinary dangerous and 
violent behavior.
  In April 2022, the FAA proposed a record $81,950 fine against a 
passenger who tried to open the cockpit door on an American Airlines 
flight from Dallas to Charlotte, struck and threatened multiple flight 
attendants, and continued to attempt to assault the crew and other 
passengers once restrained.
  The FAA also proposed a $77,272 fine against a passenger on a Delta 
flight from Las Vegas who ``attempted to hug and kiss the passenger 
seated next to her; walked to the front of the aircraft to try to exit 
during flight; refused to return to her seat; and bit another passenger 
multiple times.''
  Just this month, the Department of Justice reported the arrest of a 
passenger for allegedly attempting to open an emergency exit door while 
aboard a United Airlines flight from Los Angeles to Boston. During the 
incident, the passenger attempted to stab a flight attendant with a 
broken metal spoon, hitting the flight attendant on the neck area three 
times. Video of this disturbing assault went viral and was widely 
reported on.
  In any setting, these actions would be shocking and unacceptable but 
on an airplane, such behavior also represents a danger to all 
passengers. Clearly, the existing regime of civil and criminal 
penalties have not been enough to deter this upsurge. We need to send a 
signal that such type of behavior will not be tolerated.
  The Protection from Abusive Passengers Act would require the 
Transportation Security Administration to create and manage a program 
which bars passengers who are fined or convicted of abusive behavior 
and physical violence from flying. Transparency and notice will be 
provided to banned individuals, including guidelines for removal and 
opportunities for appeal. The bill would also permanently ban abusive 
passengers from participating in the TSA PreCheck or Customs' Global 
Entry Programs.
  The bill provides appropriate fairness and due process by ensuring 
that only individuals who have been assessed civil or criminal penalty 
for abusive and violent behavior will be included on a list of banned 
fliers. The bill also requires the TSA to explain how it will maintain 
its list of banned fliers, provide an explanation of how long an 
individual may be barred from flying based on the severity of the 
offense, and set guidelines for an individual to appeal and seek 
removal from the list of banned fliers.
  I believe this bill strikes the appropriate balance of assuring 
fairness and transparency while sending a strong signal that violent 
and abusive behavior will not be tolerated. I am pleased that the bill 
is supported by both airline industry leaders and labor unions, 
including Air Line Pilots Association; Association of Flight 
Attendants, CWA; Association of Professional Flight Attendants; 
Transport Workers Union of America, AFL-CIO; Transportation Trades 
Department, AFL-CIO; Communications Workers of America, CWA; American 
Airlines; Delta Airlines; and Southwest Airlines. I hope that my 
colleagues will join me in supporting this important bill.
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