,,ii #aagth ,,congress #b;d ,session ,s4 #djai ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #f1 #bjbb,mr4 ,reed introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to protect airline crew members1 security screening personnel1 and passengers by banning abusive passengers from commercial aircraft flights1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protection from ,abusive ,passengers ,act4 #b4 ,defined term ,in this ,act1 the term abusive passenger means any individual who1 on or after the date of the enactment of this ,act1 engages in behavior that results in-- 7#a7 the assessment of a civil penalty for-- 7,a7 engaging in conduct prohibited under section #dfcah of title #di1 ,united ,states ,code2 or 7,b7 tampering with1 interfering with1 compromising1 modifying1 or attempting to circumvent any security system1 measure1 or procedure related to civil aviation security in violation of section #aedj4aje7;a77#a7 of title #di1 ,code of ,federal ,regulations1 if such violation is committed on an aircraft in flight 7as defined in section #dfeja7a7 of title #di1 ,united ,states ,code72 7#b7 a conviction for a violation of section #dfejc or #dfejd of title #di1 ,united ,states ,code2 or 7#c7 a conviction for any other ,federal offense involving assaults1 threats1 or intimidation against a crewmember on an aircraft in flight 7as defined in section #dfeja7a7 of title #di1 ,united ,states ,code74 #c4 ,referrals ,the ,administrator of the ,federal ,aviation ,administration or the ,attorney ,general shall provide the identity 7including the full name1 full date of birth1 and gender7 of all abusive passengers to the ,administrator of the ,transportation ,security ,administration4 #d4 ,banned fliers 7a7 ,list ,the ,administrator of the ,transportation ,security ,administration shall maintain a list of abusive passengers4 7b7 ,effect of inclusion on list 7#a7 ,in general ,any individual included on the list maintained pursuant to subsection 7a7 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 #e4 7#b7 ,other lists ,the placement of an individual on the list maintained pursuant to subsection 7a7 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 #aad7;h7 and #ddijc7;j77#b77;,c7 of title #di1 ,united ,states ,code1 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-- 7,a7 poses a risk to the transportation system or national security2 7,b7 poses a risk of air piracy or terrorism2 7,c7 poses a threat to airline or passenger safety2 or 7,d7 poses a threat to civil aviation or national security4 #e4 ,policies and procedures for handling abusive passengers ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration shall develop1 and post on a publicly available website of the ,transportation ,security ,administration1 policies and procedures for handling individuals included on the list maintained pursuant to section #d7;a71 including-- 7#a7 the process for receiving and handling referrals received pursuant to section #c2 7#b7 the method by which the list of banned fliers required under section #d7;a7 will be maintained2 7#c7 specific guidelines and considerations for removing an individual from such list based on the gravity of each offense described in section #b2 7#d7 the procedures for the expeditious removal of the names of individuals who were erroneously included on such list2 7#e7 the circumstances under which certain individuals rightfully included on such list may petition to be removed from such list1 including the procedures for appealing a denial of such petition2 and 7#f7 the process for providing to any individual who is the subject of a referral under section #c-- 7,a7 written notification1 not later than #e days after receiving such referral1 including an explanation of the procedures and circumstances referred to in paragraphs 7#d7 and 7#e72 and 7,b7 an opportunity to seek relief under paragraph 7#d7 during the #e-;day period beginning on the date on which the individual received the notification referred to in subparagraph 7,a7 to avoid being erroneously included on the list of abusive passengers referred to in section #d7;a74 #f4 ,congressional briefing ,not later than #a year after the date of the enactment of this ,act1 the ,administrator of the ,transportation ,security ,administration shall brief the ,committee on ,commerce1 ,science1 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 #e4 #g4 ,annual report ,the ,administrator of the ,transportation ,security ,administration shall submit an annual report to the ,committee on ,commerce1 ,science1 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 #d7;a71 including-- 7#a7 the number of individuals included on such list2 7#b7 the age and sex of the individuals included on such list2 7#c7 the underlying offense or offenses of the individuals included on such list2 7#d7 the period of time each individual has been included on such list2 7#e7 the number of individuals rightfully included on such list who have petitioned for removal and the status of such petitions2 7#f7 the number of individuals erroneously included on such list and the time required to remove such individuals from such list2 and 7#g7 the number of individuals erroneously included on such list who have been prevented from traveling4 #h4 ,inspector ,general review ,not less frequently than once every #c years1 the ,inspector ,general of the ,department of ,homeland ,security shall review and report to the ,committee on ,commerce1 ,science1 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 #d and #e1 including an assessment of any disparities based on race or ethnicity in the treatment of petitions for removal4 #i4 ,ineligibility for ,trusted ,traveler ,programs ,except under policies and procedures established by the ,secretary of ,homeland ,security1 all abusive passengers shall be permanently ineligible to participate in-- 7#a7 the ,transportation ,security ,administration's ,pre,check program2 or 7#b7 ,u4,s4 ,customs and ,border ,protection's ,global ,entry program4 #aj4 ,limitation 7a7 ,in general ,the inclusion of a person's name on a list described in section #d7;a7 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 #d7;b71 #e1 and #i4 7b7 ,rule of construction ,nothing in this section may be construed to limit the dissemination1 or bar the consideration1 of the facts and circumstances that prompt placement of a person on the list described in section #d7;a74 #aa4 ,privacy ,personally identifiable information used to create the list required under section #d7;a7-- 7#a7 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code2 and 7#b7 shall not be made available by any ,federal1 ,state1 ,tribal1 or local authority pursuant to any ,federal1 ,state1 ,tribal1 or local law requiring public disclosure of information or records4 #ab4 ,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 passengers1 flight crew members1 or security officers under any other provision of law4