S. 1058Senate118th Congress (2023-2025)In Committee

Protection from Abusive Passengers Act

AI-Generated Summary

Updated January 20, 2026 at 5:23 AM UTC

The Protection from Abusive Passengers Act creates a system to keep people who commit certain serious offenses on aircraft off commercial flights. It defines an "abusive passenger," requires the FAA or Attorney General to send their identifying information to the TSA, and establishes a TSA‑maintained list that blocks those individuals from boarding. The law also sets up procedures for notifying, appealing, and possibly removing people from the list, and requires reporting and privacy safeguards.

Key Provisions

Defines "abusive passenger" as anyone who incurs a civil penalty for prohibited conduct, is convicted of specific aviation offenses, or commits assault, threats, or intimidation against crew on a flight.
Mandates the FAA Administrator or Attorney General to forward full identifying details of abusive passengers to the TSA Administrator.
Requires the TSA to keep a list of abusive passengers and prohibit anyone on the list from boarding any commercial aircraft until removed.
Orders the TSA, within 180 days, to publish policies for handling referrals, maintaining the list, notifying individuals, and providing a petition and appeal process for removal.
Provides a written notice to referred individuals within five days and a five‑day window to seek relief before being placed on the list.
Makes abusive passengers permanently ineligible for TSA PreCheck and Global Entry, unless the Secretary of Homeland Security creates an exception.
Protects personal data on the list from public disclosure and requires annual reports and a triennial Inspector General review of the program’s administration.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Commerce, Science, and Transportation. (Sponsor introductory remarks on measure: CR S1055)

Commerce, Science, and Transportation Committee

March 29, 2023

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SenateIntro Referral

Introduced in Senate

March 29, 2023

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation. (Sponsor introductory remarks on measure: CR S1055)

Commerce, Science, and Transportation Committee

March 29, 2023

Floor Debate

3 members

What members said about S. 1058 on the floor

3 Democrats

Sen. Benjamin L. CardinD-MD · Mar 29, 2023

Madam President, the Senate today has finally voted to repeal two outdated and obsolete authorizations for the use of military force--those that launched two wars against the Iraqi Government of…

Madam President, the Senate today has finally voted to repeal two outdated and obsolete authorizations for the use of military force--those that launched two wars against the Iraqi Government of Saddam Hussein, enacted into law in 1991 and 2002.

Yet this is not the only action we must take to protect our national security. A third AUMF, which Congress enacted in 2001 in the aftermath of the 9/11 attacks on our country by the terrorist organization al- Qaida, is also outdated and ought to be repealed. This authorization was fully justified and necessary at the time, and I voted in favor of it.

It was sadly necessary to go to war in Afghanistan to remove the very real threat that al-Qaida posed from its sanctuary there.

But, as I have repeatedly argued in successive Congresses since 2014, this AUMF, too, is now obsolete. We ought to repeal it and replace it with a new AUMF that more accurately reflects the threats our country faces today.

Four Presidents from both parties have used the 2001 AUMF to target groups that did not even exist on 9/11/2001 in countries such as Yemen and

Somalia, far from the battlefield of Afghanistan. Presidents have used this AUMF in ways that those of us in Congress who voted for it could never have imagined 22 years ago.

Publicly available War Powers Resolution notifications that refer to the 2001 AUMF address more than 20 countries, including Afghanistan, Iraq, Syria, Yemen, Libya, Somalia, Niger, Philippines, Georgia, Djibouti, Kenya, Ethiopia, Eritrea, Turkey, Jordan, Lebanon, Cameroon, Chad, Nigeria, and Saudi Arabia.

The number of countries where the U.S. military has actually resorted to military action is smaller but not insignificant. Again based on War Powers Resolution notifications, the 2001 AUMF has been publicly cited as authorization for military activity in seven countries: Afghanistan, Iraq, Syria, Libya, Yemen, Somalia, and Niger. No administration should continue to use the 2001 AUMF--that clearly and specifically is aimed at those who perpetrated the 9/11 attacks--as a blank check for war anywhere and anytime, and it is past time for Congress to take action.

In 2014 and 2015, President Obama relayed his intent to work with the Congress to repeal and replace the 2001 AUMF, at the time the United States was assembling the Coalition to Defeat ISIS, but we were not able to get it done.

Now, President Biden has reiterated the same intent. In the official Statement of Administration Policy on the bill we have passed today, the White House declared its support for passage of S. 316 and goes on to say:

Furthermore, President Biden remains committed to working

with Congress to ensure that outdated authorizations for the

use of military force are replaced with a narrow and specific

framework more appropriate to protecting Americans form

modern terrorist threats. Toward that end, the Administration

will ensure that Congress has a clear and thorough

understanding of the effect of any such action and of the

threats facing U.S. forces, personnel, and interests around

the world.

So, in response to the invitation President Biden has extended to Congress to replace and repeal the 2001 AUMF, I am today introducing legislation that would prospectively repeal the outdated authorization--while providing enough time for both the executive and the legislative branches to agree on the most appropriate replacement. This legislation would sunset the existing AUMF in July 2025, 6 months into the next administration. So we will have adequate time to consult with the administration's national security professionals about the best way to do so.

This would also provide a framework for the necessary national debate about how to modernize our national security posture during the upcoming 2024 elections.

This is a pivotal moment. Congress must act to reassert its rightful role in war-making authorities, as set out in article I of the Constitution. We must take action on all fronts. Having voted decisively to repeal the authorizations of 1991 and 2002 in legislation led by my able colleagues, Senator Kaine of Virginia and Senator Young of Indiana, we now need to move with dispatch to repeal and replace the 2001 authorization. It is a responsibility that we must assume to protect our national security in today's context.

I look forward to moving on this initiative as soon as possible in this session of the 118th Congress.

Sen. Jack ReedD-RI · Mar 29, 2023

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.

Sen. Jack ReedD-RI · Mar 29, 2023

Sen. Richard J. DurbinD-IL · Mar 29, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued March 29, 2023

118th CONGRESS

1st Session

S. 1058

IN THE SENATE OF THE UNITED STATES

March 29, 2023

Mr. Reed (for himself and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To protect airline crew members, security screening personnel, and passengers by banning abusive passengers from commercial aircraft flights, and for other purposes.

Short title

This Act may be cited as the Protection from Abusive Passengers Act.

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).

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.

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.

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).

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.

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.

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.

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.