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) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protection from Abu5 sive Passengers Act’’. 


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1 SEC. 2. DEFINED TERM. 

2 In this Act, the term ‘‘abusive passenger’’ means any 

3 individual who, on or after the date of the enactment of 

4 this Act, engages in behavior that results in— 

5 (1) the assessment of a civil penalty for— 

6 (A) engaging in conduct prohibited under 

7 section 46318 of title 49, United States Code; 

8 or 

9 (B) tampering with, interfering with, com10 promising, modifying, or attempting to cir11 cumvent any security system, measure, or pro12 cedure related to civil aviation security in viola13 tion of section 1540.105(a)(1) of title 49, Code 

14 of Federal Regulations, if such violation is com15 mitted on an aircraft in flight (as defined in 

16 section 46501(1) of title 49, United States 

17 Code); 

18 (2) a conviction for a violation of section 46503 

19 or 46504 of title 49, United States Code; or 

20 (3) a conviction for any other Federal offense 

21 involving assaults, threats, or intimidation against a 

22 crewmember on an aircraft in flight (as defined in 

23 section 46501(1) of title 49, United States Code). 

24 SEC. 3. REFERRALS. 

25 The Administrator of the Federal Aviation Adminis26 tration or the Attorney General shall provide the identity 


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1 (including the full name, full date of birth, and gender) 

2 of all abusive passengers to the Administrator of the 

3 Transportation Security Administration. 

4 SEC. 4. BANNED FLIERS. 

5 (a) LIST.—The Administrator of the Transportation 

6 Security Administration shall maintain a list of abusive 

7 passengers. 

8 (b) EFFECT OF INCLUSION ON LIST.— 

9 (1) IN GENERAL.—Any individual included on 

10 the list maintained pursuant to subsection (a) shall 

11 be prohibited from boarding any commercial aircraft 

12 flight until such individual is removed from such list 

13 in accordance with the procedures established by the 

14 Administrator pursuant to section 5. 

15 (2) OTHER LISTS.—The placement of an indi16 vidual on the list maintained pursuant to subsection 

17 (a) shall not preclude the placement of such indi18 vidual on other lists maintained by the Federal Gov19 ernment and used by the Administrator of the 

20 Transportation Security Administration pursuant to 

21 sections 114(h) and 44903(j)(2)(C) of title 49, 

22 United States Code, to prohibit such individual from 

23 boarding a flight or to take other appropriate action 

24 with respect to such individual if the Administrator 

25 determines that such individual— 


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1 (A) poses a risk to the transportation sys2 tem or national security; 

3 (B) poses a risk of air piracy or terrorism; 

4 (C) poses a threat to airline or passenger 

5 safety; or 

6 (D) poses a threat to civil aviation or na7 tional security. 

8 SEC. 5. POLICIES AND PROCEDURES FOR HANDLING ABU9 SIVE PASSENGERS. 

10 Not later than 180 days after the date of the enact11 ment of this Act, the Administrator of the Transportation 

12 Security Administration shall develop, and post on a pub13 licly available website of the Transportation Security Ad14 ministration, policies and procedures for handling individ15 uals included on the list maintained pursuant to section 

16 4(a), including— 

17 (1) the process for receiving and handling refer18 rals received pursuant to section 3; 

19 (2) the method by which the list of banned fli20 ers required under section 4(a) will be maintained; 

21 (3) specific guidelines and considerations for re22 moving an individual from such list based on the 

23 gravity of each offense described in section 2; 


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1 (4) the procedures for the expeditious removal 

2 of the names of individuals who were erroneously in3 cluded on such list; 

4 (5) the circumstances under which certain indi5 viduals rightfully included on such list may petition 

6 to be removed from such list, including the proce7 dures for appealing a denial of such petition; and 

8 (6) the process for providing to any individual 

9 who is the subject of a referral under section 3— 

10 (A) written notification, not later than 5 

11 days after receiving such referral, including an 

12 explanation of the procedures and cir13 cumstances referred to in paragraphs (4) and 

14 (5); and 

15 (B) an opportunity to seek relief under 

16 paragraph (4) during the 5-day period begin17 ning on the date on which the individual re18 ceived the notification referred to in subpara19 graph (A) to avoid being erroneously included 

20 on the list of abusive passengers referred to in 

21 section 4(a). 

22 SEC. 6. CONGRESSIONAL BRIEFING. 

23 Not later than 1 year after the date of the enactment 

24 of this Act, the Administrator of the Transportation Secu25 rity Administration shall brief the Committee on ComVerDate Sep 11 2014 23:53 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2394.IH H2394

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1 merce, Science, and Transportation of the Senate and the 

2 Committee on Homeland Security of the House of Rep3 resentatives regarding the policies and procedures devel4 oped pursuant to section 5. 

5 SEC. 7. ANNUAL REPORT. 

6 The Administrator of the Transportation Security 

7 Administration shall submit an annual report to the Com8 mittee on Commerce, Science, and Transportation of the 

9 Senate and the Committee on Homeland Security of the 

10 House of Representatives that contains nonpersonally 

11 identifiable information regarding the composition of the 

12 list required under section 4(a), including— 

13 (1) the number of individuals included on such 

14 list; 

15 (2) the age and sex of the individuals included 

16 on such list; 

17 (3) the underlying offense or offenses of the in18 dividuals included on such list; 

19 (4) the period of time each individual has been 

20 included on such list; 

21 (5) the number of individuals rightfully in22 cluded on such list who have petitioned for removal 

23 and the status of such petitions; 


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1 (6) the number of individuals erroneously in2 cluded on such list and the time required to remove 

3 such individuals from such list; and 

4 (7) the number of individuals erroneously in5 cluded on such list who have been prevented from 

6 traveling. 

7 SEC. 8. INSPECTOR GENERAL REVIEW. 

8 Not less frequently than once every 3 years, the In9 spector General of the Department of Homeland Security 

10 shall review and report to the Committee on Commerce, 

11 Science, and Transportation of the Senate and the Com12 mittee on Homeland Security of the House of Representa13 tives regarding the administration and maintenance of the 

14 list required under sections 4 and 5, including an assess15 ment of any disparities based on race or ethnicity in the 

16 treatment of petitions for removal. 

17 SEC. 9. INELIGIBILITY FOR TRUSTED TRAVELER PRO18 GRAMS. 

19 Except under policies and procedures established by 

20 the Secretary of Homeland Security, all abusive pas21 sengers shall be permanently ineligible to participate in— 

22 (1) the Transportation Security Administra23 tion’s PreCheck program; or 

24 (2) U.S. Customs and Border Protection’s 

25 Global Entry program. 


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1 SEC. 10. LIMITATION. 

2 (a) IN GENERAL.—The inclusion of a person’s name 

3 on a list described in section 4(a) may not be used as the 

4 basis for denying any right or privilege under Federal law 

5 except for the rights and privileges described in sections 

6 4(b), 5, and 9. 

7 (b) RULE OF CONSTRUCTION.—Nothing in this sec8 tion may be construed to limit the dissemination, or bar 

9 the consideration, of the facts and circumstances that 

10 prompt placement of a person on the list described in sec11 tion 4(a). 

12 SEC. 11. PRIVACY. 

13 Personally identifiable information used to create the 

14 list required under section 4(a)— 

15 (1) shall be exempt from disclosure under sec16 tion 552(b)(3) of title 5, United States Code; and 

17 (2) shall not be made available by any Federal, 

18 State, Tribal, or local authority pursuant to any 

19 Federal, State, Tribal, or local law requiring public 

20 disclosure of information or records. 

21 SEC. 12. SAVINGS PROVISION. 

22 Nothing in this Act may be construed to limit the 

23 authority of the Transportation Security Administration 

24 or of any other Federal agency to undertake measures to 


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1 protect passengers, flight crew members, or security offi2 cers under any other provision of law. 

Æ 


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