[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2679-S2680]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 548. Mr. REED (for himself and Mrs. Gillibrand) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. 10__. PROTECTION FROM ABUSIVE PASSENGERS.

       (a) Short Title.--This section may be cited as the 
     ``Protection from Abusive Passengers Act''.
       (b) Defined Term.--In this section, 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).
       (c) 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.
       (d) Banned Fliers.--
       (1) List.--The Administrator of the Transportation Security 
     Administration shall maintain a list of abusive passengers.
       (2) Effect of inclusion on list.--
       (A) 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 
     subsection (e).
       (B) Other lists.--The placement of an individual on the 
     list maintained pursuant to paragraph (1) 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--
       (i) poses a risk to the transportation system or national 
     security;
       (ii) poses a risk of air piracy or terrorism;
       (iii) poses a threat to airline or passenger safety; or
       (iv) poses a threat to civil aviation or national security.
       (e) 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 
     subsection (d)(1), including--
       (1) the process for receiving and handling referrals 
     received pursuant to subsection (c);
       (2) the method by which the list of banned fliers required 
     under subsection (d)(1) will be maintained;
       (3) specific guidelines and considerations for removing an 
     individual from such list based on the gravity of each 
     offense described in subsection (b);
       (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 subsection (c)--
       (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 subsection (d)(1).
       (f) 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 subsection (e).

[[Page S2680]]

       (g) 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 subsection (d)(1), 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.
       (h) 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 subsections (d) and (e), including 
     an assessment of any disparities based on race or ethnicity 
     in the treatment of petitions for removal.
       (i) 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.
       (j) Limitation.--
       (1) In general.--The inclusion of a person's name on a list 
     described in subsection (d)(1) may not be used as the basis 
     for denying any right or privilege under Federal law except 
     for the rights and privileges described in subsections 
     (d)(2), (e), and (i).
       (2) Rule of construction.--Nothing in this subsection 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 subsection 
     (d)(1).
       (k) Privacy.--Personally identifiable information used to 
     create the list required under subsection (d)(1)--
       (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.
       (l) Savings Provision.--Nothing in this section 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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