I 118th CONGRESS 1st Session H. R. 2394 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. Barragán ) 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. Short title This Act may be cited as the Protection from Abusive Passengers Act . 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). 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. 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. 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). 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. 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. 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. 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. 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). 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. 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.