S.Amdt. 548

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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