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Unruly Airline Passengers Could Soon Find Themselves on the No-Fly List❗

A small bipartisan group of legislators has reintroduced the Protection from Abusive Passengers Act, which could potentially ban a growing number of airline passengers who are convicted of violence or intimation in the air. 

Noting that “disgraceful violence directed at flight crews and fellow passengers has become rampant,” the legislators (one Senator and two Congressmen) stated that “the Federal Aviation Administration (FAA) investigated 831 unruly-passenger incidents in 2022, up from 146 just four years ago.” Barely a week goes by without another story of a violent assault on a crew member, passenger, or airport staff by passengers who, for whatever reasons, cannot cope with the stress of air travel.

The legislation would establish a process by which passengers who are fined or convicted of severe physical violence or intimidation would be barred from flying on commercial aircraft. This regime would relieve airlines of concerns about sharing information about abusive passengers while clarifying that there will be severe consequences for people who place others and the aircraft itself in jeopardy. 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.

Specifically, the Protection from Abusive Passengers Act would require the TSA to define the policies and procedures for the banned fliers list (BFL), including:

- A process for receiving abusive passenger referrals from the Federal Aviation Administration or the Department of Justice;
- How the BFL will be maintained;
- Specific guidelines and considerations for removing an individual from the BFL;
- Procedures for expeditious removal of erroneous additions;
- Procedures for appeal and removal for non-erroneous additions; and
- A process for providing advanced written notice of individual rights and program requirements, rules, and procedures for all individuals referred to the BFL, within five days.

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