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Disruption in the Skies: The Surge in Air Rage and Its Effects on Workers, Airlines, and Airports, House hearing transcript (September 23, 2021), GovInfo CHRG-117hhrg49704, PDF

Summary

The Subcommittee on Aviation of the House Committee on Transportation and Infrastructure convened this remote hearing (117-25) on September 23, 2021, on the surge in air rage and its effects on workers, airlines and airports. Witnesses included Sara Nelson, International President of the Association of Flight Attendants; Teddy Andrews, a flight attendant at American Airlines; and Christopher R. Bidwell of Airports Council International. Material printed with the hearing says the Federal Aviation Administration (FAA) had 4,184 unruly passenger reports in 2021 as of September 7, 2021, while the TSA screened 367,547,059 passengers. Of those reports, the FAA had initiated 752 investigations and 153 enforcement cases. A member's statement, citing the FAA, puts 75 percent of the incidents down to mask noncompliance.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

                                                                  DISRUPTION IN THE SKIES: THE SURGE IN AIR
                                                                     RAGE AND ITS EFFECTS ON WORKERS, AIR-
                                                                     LINES, AND AIRPORTS


                                                                                                               (117–25)


                                                                                         REMOTE HEARING
                                                                                                              BEFORE THE

                                                                                                   SUBCOMMITTEE ON
                                                                                                       AVIATION
                                                                                                                 OF THE


                                                                                      COMMITTEE ON
                                                                                  TRANSPORTATION AND
                                                                                    INFRASTRUCTURE
                                                                                HOUSE OF REPRESENTATIVES
                                                                                ONE HUNDRED SEVENTEENTH CONGRESS
                                                                                                            FIRST SESSION


                                                                                                       SEPTEMBER 23, 2021


                                                                                                  Printed for the use of the
                                                                                        Committee on Transportation and Infrastructure




                                                                                                                 (
                                                                  Available online at: https://www.govinfo.gov/committee/house-transportation?path=/
                                                                              browsecommittee/chamber/house/committee/transportation


                                                                                                U.S. GOVERNMENT PUBLISHING OFFICE
                                                                        49–704 PDF                          WASHINGTON : 2023




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                                                                             COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
                                                                                             PETER A. DEFAZIO, Oregon, Chair
                                                                  ELEANOR HOLMES NORTON,                    SAM GRAVES, Missouri
                                                                    District of Columbia                    DON YOUNG, Alaska
                                                                  EDDIE BERNICE JOHNSON, Texas              ERIC A. ‘‘RICK’’ CRAWFORD, Arkansas
                                                                  RICK LARSEN, Washington                   BOB GIBBS, Ohio
                                                                  GRACE F. NAPOLITANO, California           DANIEL WEBSTER, Florida
                                                                  STEVE COHEN, Tennessee                    THOMAS MASSIE, Kentucky
                                                                  ALBIO SIRES, New Jersey                   SCOTT PERRY, Pennsylvania
                                                                  JOHN GARAMENDI, California                RODNEY DAVIS, Illinois
                                                                  HENRY C. ‘‘HANK’’ JOHNSON, JR., Georgia JOHN KATKO, New York
                                                                  ANDRÉ CARSON, Indiana                    BRIAN BABIN, Texas
                                                                  DINA TITUS, Nevada                        GARRET GRAVES, Louisiana
                                                                  SEAN PATRICK MALONEY, New York            DAVID ROUZER, North Carolina
                                                                  JARED HUFFMAN, California                 MIKE BOST, Illinois
                                                                  JULIA BROWNLEY, California                RANDY K. WEBER, SR., Texas
                                                                  FREDERICA S. WILSON, Florida              DOUG LAMALFA, California
                                                                  DONALD M. PAYNE, JR., New Jersey          BRUCE WESTERMAN, Arkansas
                                                                  ALAN S. LOWENTHAL, California             BRIAN J. MAST, Florida
                                                                  MARK DESAULNIER, California               MIKE GALLAGHER, Wisconsin
                                                                  STEPHEN F. LYNCH, Massachusetts           BRIAN K. FITZPATRICK, Pennsylvania
                                                                  SALUD O. CARBAJAL, California             JENNIFFER GONZÁLEZ-COLÓN,
                                                                  ANTHONY G. BROWN, Maryland                  Puerto Rico
                                                                  TOM MALINOWSKI, New Jersey                TROY BALDERSON, Ohio
                                                                  GREG STANTON, Arizona                     PETE STAUBER, Minnesota
                                                                  COLIN Z. ALLRED, Texas                    TIM BURCHETT, Tennessee
                                                                  SHARICE DAVIDS, Kansas, Vice Chair        DUSTY JOHNSON, South Dakota
                                                                  JESÚS G. ‘‘CHUY’’ GARCÍA, Illinois      JEFFERSON VAN DREW, New Jersey
                                                                  ANTONIO DELGADO, New York                 MICHAEL GUEST, Mississippi
                                                                  CHRIS PAPPAS, New Hampshire               TROY E. NEHLS, Texas
                                                                  CONOR LAMB, Pennsylvania                  NANCY MACE, South Carolina
                                                                  SETH MOULTON, Massachusetts               NICOLE MALLIOTAKIS, New York
                                                                  JAKE AUCHINCLOSS, Massachusetts           BETH VAN DUYNE, Texas
                                                                  CAROLYN BOURDEAUX, Georgia                CARLOS A. GIMENEZ, Florida
                                                                  KAIALI‘I KAHELE, Hawaii                   MICHELLE STEEL, California
                                                                  MARILYN STRICKLAND, Washington
                                                                  NIKEMA WILLIAMS, Georgia
                                                                  MARIE NEWMAN, Illinois
                                                                  TROY A. CARTER, Louisiana




                                                                                                                      (ii)




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                                                                                                    SUBCOMMITTEE ON AVIATION
                                                                                          RICK LARSEN, Washington, Chair
                                                                  STEVE COHEN, Tennessee                  GARRET GRAVES, Louisiana
                                                                  ANDRÉ CARSON, Indiana                  DON YOUNG, Alaska
                                                                  SHARICE DAVIDS, Kansas                  THOMAS MASSIE, Kentucky
                                                                  KAIALI‘I KAHELE, Hawaii                 SCOTT PERRY, Pennsylvania
                                                                  NIKEMA WILLIAMS, Georgia                JOHN KATKO, New York
                                                                  HENRY C. ‘‘HANK’’ JOHNSON, JR., Georgia BRIAN J. MAST, Florida
                                                                  DINA TITUS, Nevada                      MIKE GALLAGHER, Wisconsin
                                                                  SEAN PATRICK MALONEY, New York          BRIAN K. FITZPATRICK, Pennsylvania
                                                                  JULIA BROWNLEY, California              TROY BALDERSON, Ohio
                                                                  DONALD M. PAYNE, JR., New Jersey        PETE STAUBER, Minnesota
                                                                  MARK DESAULNIER, California             TIM BURCHETT, Tennessee
                                                                  STEPHEN F. LYNCH, Massachusetts         JEFFERSON VAN DREW, New Jersey
                                                                  ANTHONY G. BROWN, Maryland              TROY E. NEHLS, Texas
                                                                  GREG STANTON, Arizona                   NANCY MACE, South Carolina
                                                                  COLIN Z. ALLRED, Texas                  BETH VAN DUYNE, Texas
                                                                  CONOR LAMB, Pennsylvania, Vice Chair    CARLOS A. GIMENEZ, Florida
                                                                  ELEANOR HOLMES NORTON,                  MICHELLE STEEL, California
                                                                    District of Columbia                  SAM GRAVES, Missouri (Ex Officio)
                                                                  EDDIE BERNICE JOHNSON, Texas
                                                                  JOHN GARAMENDI, California
                                                                  PETER A. DEFAZIO, Oregon (Ex Officio)




                                                                                                                  (iii)




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                                                                                                                     CONTENTS                                                                    Page

                                                                  Summary of Subject Matter ....................................................................................                  vii

                                                                                        STATEMENTS OF MEMBERS OF THE COMMITTEE
                                                                  Hon. Rick Larsen, a Representative in Congress from the State of Wash-
                                                                   ington, and Chair, Subcommittee on Aviation, opening statement .................                                                1
                                                                      Prepared statement ..........................................................................................                4
                                                                  Hon. Garret Graves, a Representative in Congress from the State of Lou-
                                                                   isiana, and Ranking Member, Subcommittee on Aviation, opening state-
                                                                   ment ......................................................................................................................     5
                                                                      Prepared statement ..........................................................................................                7
                                                                  Hon. Peter A. DeFazio, a Representative in Congress from the State of Or-
                                                                   egon, and Chair, Committee on Transportation and Infrastructure, opening
                                                                   statement ..............................................................................................................        8
                                                                      Prepared statement ..........................................................................................                8
                                                                  Hon. Sam Graves, a Representative in Congress from the State of Missouri,
                                                                   and Ranking Member, Committee on Transportation and Infrastructure,
                                                                   prepared statement ..............................................................................................              67
                                                                  Hon. Eddie Bernice Johnson, a Representative in Congress from the State
                                                                   of Texas, prepared statement ..............................................................................                    67

                                                                                                                          WITNESSES
                                                                  Sara Nelson, International President, Association of Flight Attendants—
                                                                    CWA, AFL–CIO, oral statement .........................................................................                        10
                                                                      Prepared statement ..........................................................................................               12
                                                                  Teddy Andrews, Flight Attendant, American Airlines, on behalf of the Asso-
                                                                    ciation of Professional Flight Attendants, oral statement ................................                                    19
                                                                      Prepared statement ..........................................................................................               21
                                                                  Christopher R. Bidwell, Senior Vice President of Security, Airports Council
                                                                    International–North America, oral statement ...................................................                               23
                                                                      Prepared statement ..........................................................................................               24
                                                                  Lauren Beyer, Vice President of Security and Facilitation, Airlines for Amer-
                                                                    ica, oral statement ...............................................................................................           26
                                                                      Prepared statement ..........................................................................................               28

                                                                                                       SUBMISSIONS FOR THE RECORD
                                                                  Statement of Donielle Prophete, Ground Service Agent, Piedmont Airlines,
                                                                    and President, Communications Workers of America Local 3645, Submitted
                                                                    for the Record by Hon. Peter A. DeFazio ...........................................................                           68
                                                                  Statement of Paul Hudson, President, FlyersRights.org, Submitted for the
                                                                    Record by Hon. Garret Graves of Louisiana ......................................................                              69




                                                                                                                                  (v)




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                                                                                                            SEPTEMBER 21, 2021
                                                                       SUMMARY OF SUBJECT MATTER
                                                                       TO:          Members, Subcommittee on Aviation
                                                                       FROM:        Staff, Subcommittee on Aviation
                                                                       RE:          Subcommittee Hearing on ‘‘Disruption in the Skies: The Surge in Air
                                                                                    Rage and its Effects on Workers, Airlines, and Airports’’


                                                                                                                PURPOSE
                                                                    The Subcommittee on Aviation will meet on Thursday, September 23, 2021, at 10
                                                                  a.m. EDT in 2167 Rayburn House Office Building and virtually via Zoom for a hear-
                                                                  ing titled, ‘‘Disruption in the Skies: The Surge in Air Rage and its Effects on Work-
                                                                  ers, Airlines, and Airports.’’ The hearing will examine the increase in disruptive and
                                                                  unruly airline passenger behavior, the potential causes of the increase, the effect on
                                                                  passenger and airline crew safety, airline crew training in deescalating and address-
                                                                  ing such passenger behavior, and the enforcement of federal laws prohibiting such
                                                                  behavior. The Subcommittee will hear testimony from the Association of Flight At-
                                                                  tendants—CWA (AFA); the Association of Professional Flight Attendants (APFA);
                                                                  the Airports Council International (ACI)–North America; and Airlines for America
                                                                  (A4A).

                                                                                                             BACKGROUND
                                                                  I. SURGE IN AIR RAGE CASES IN 2021
                                                                     Passengers are increasingly returning to the skies as the COVID–19 pandemic re-
                                                                  cedes in many parts of the nation. Although hundreds of thousands of passengers
                                                                  travel through the aviation system every day without incident the rate in unruly
                                                                  behavior among passengers has risen by a large proportion.1 These ‘‘air rage’’ cases
                                                                  have ranged from passengers refusing to wear airline- and federally-mandated face
                                                                  coverings, to attempts to open airplane doors and flight deck doors during flight, to
                                                                  physical and sexual assaults against airline crew members.2 A recent survey by the
                                                                  AFA, querying more than 5,000 flight attendants across mainline and regional air-
                                                                  lines, found that 17 percent of flight attendants—nearly one in five—reported a


                                                                     1 Francesca Street, Dread at 30,000 feet: Inside the increasingly violent world of U.S. flight

                                                                  attendants, CNN (Sept. 6, 2021), available at https://www.cnn.com/travel/article/flight-attend-
                                                                  ants-unruly-passengers-covid/index.html.
                                                                     2 Associated Press, FAA seeks $100,000 in fines from travelers who have tried to open a cockpit,

                                                                  hit a flight attendant, refused masks, USA TODAY (Sept. 13, 2021), available at https://
                                                                  www.usatoday.com/story/travel/airline-news/2021/05/20/southwest-delta-flight-travelers-face-faa-
                                                                  fines-100000/5174212001/.
                                                                                                                    (vii)




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                                                                                                                  viii
                                                                  physical incident with a passenger.3 Fifty-eight percent reported experiencing at
                                                                  least five incidents of unruly passenger behavior this year, and 85 percent said they
                                                                  had experienced at least one such incident this year.4
                                                                     The Federal Aviation Administration (FAA) reports that as of September 7, 2021,
                                                                  there have been 4,184 unruly passenger reports since the beginning of the 2021 cal-
                                                                  endar year.5 During that same time, the Transportation Security Administration
                                                                  (TSA) reported that 367,547,059 passengers were screened at airport security check-
                                                                  points, meaning that while unruly passenger reports have increased significantly
                                                                  this year, they cover only 0.001 percent of the travelling public.6 Of those reports,
                                                                  the FAA has initiated 752 investigations and 153 enforcement cases.7 Compared to
                                                                  prior calendar years—with the FAA initiating only 183 investigations in 2020 and
                                                                  146 in 2019—that’s an increase of 411 and 515 percent respectively.8 According to
                                                                  the FAA, among those events for which an underlying cause could be identified, 75
                                                                  percent of reported unruly passenger incidents were attributed to some element of
                                                                  mask non-compliance while only 6 percent could be attributed to alcohol consump-
                                                                  tion.9 Compared to the last 15 years, the number of investigations initiated so far
                                                                  this year is still more than double the highest number of yearly investigations initi-
                                                                  ated—304 investigations in 2004.10 Additionally, the FAA’s database only includes
                                                                  incidents that have been reported to the FAA and such reporting is at the discretion
                                                                  of a crewmember.11
                                                                  A. Examples of Incidents
                                                                     In the last 10 months, actions taken by unruly passengers onboard aircraft have
                                                                  posed a significant safety risk to passengers and crew members. Below are some of
                                                                  the most egregious alleged cases in which civil penalties or criminal enforcement are
                                                                  being pursued.
                                                                     Delta Airlines flight from Honolulu to Seattle (December 23, 2020).12 A passenger
                                                                  tried to open the cockpit door and refused to follow instructions from crew members.
                                                                  At one point, after the passenger allegedly hit a flight attendant in the face and
                                                                  pushed him to the floor, the passenger threatened and charged the flight attendant
                                                                  as he tried to restrain the passenger. Flight attendants, with the help of another
                                                                  passenger, put plastic handcuffs on the passenger. The passenger was able to free
                                                                  himself from one of the handcuffs and allegedly struck the flight attendant in the
                                                                  face a second time. The passenger was taken into custody and arrested after the
                                                                  plane landed. The FAA has proposed a $52,500 civil penalty.13
                                                                     Southwest Airlines flight from Phoenix to Chicago (January 1, 2021).14 A pas-
                                                                  senger yelled and said he had a bomb and would blow up the plane. The pilots made
                                                                  an unplanned landing in Oklahoma City, where the passenger was arrested. The
                                                                  FAA has proposed a $27,000 civil penalty.15
                                                                     Southwest Airlines flight from Orlando to Kansas City (January 2, 2021).16 A pas-
                                                                  senger became angry and began assaulting passengers around him after another
                                                                  passenger in his row would not change seats to accommodate his travel partner. The
                                                                  passenger told his travel partner he would need to bail the passenger out of jail for
                                                                  the physically violent crimes he threatened to commit. The captain returned the

                                                                     3 Ass’n of Flight Attendants, ‘‘85 percent of Flight Attendants dealt with unruly passengers,
                                                                  nearly 1 in 5 experienced physical incidents in 2021’’ (July 29, 2021), at https://www.afacwa.org/
                                                                  unrulylpassengerslsurvey.
                                                                     4 Id.
                                                                     5 FAA,     ‘‘Unruly   Passengers,’’   available    at   https://www.faa.gov/datalresearch/pas-
                                                                  sengerslcargo/unrulylpassengers/.
                                                                     6 See TSA, ‘‘TSA checkpoint travel numbers (current year versus prior year(s)/same weekday),’’
                                                                  (last accessed Sept. 17, 2021), available at https://www.tsa.gov/coronavirus/passenger-throughput
                                                                     7 Id.
                                                                     8 Id.
                                                                     9 Email from FAA to Subcommittee Staff (Sept. 15, 2021).
                                                                     10 Id.
                                                                     11 Id.
                                                                     12 Associated Press, FAA seeks $100,000 in fines from travelers who have tried to open a cock-
                                                                  pit, hit a flight attendant, refused masks, USA TODAY (Sept. 13, 2021), available at https://
                                                                  www.usatoday.com/story/travel/airline-news/2021/05/20/southwest-delta-flight-travelers-face-faa-
                                                                  fines-100000/5174212001/.
                                                                     13 FAA, Press Release, FAA Proposes Civil Penalties against Four Passengers for Allegedly
                                                                  Interfering with Flight Attendants (May 17, 2021), available at https://www.faa.gov/newsroom/
                                                                  faa-proposes-civil-penalties-against-four-passengers-allegedly-interfering-flight-0
                                                                     14 Id.
                                                                     15 Id.
                                                                     16 Kylie Bielby, Unruly Passenger Incidents Skyrocket, Proposed Civil Penalties Reach $1 Mil-
                                                                  lion in 2021, HOMELAND SECURITY TODAY (Aug. 20, 2021), available at https://www.hstoday.us/
                                                                  featured/unruly-passenger-incidents-skyrocket-proposed-civil-penalties-reaches-1-million-in-2021/
                                                                  .




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                                                                                                                      ix
                                                                  plane to the gate where law enforcement met the passenger. Southwest banned the
                                                                  passenger from flying with the carrier in the future. The FAA has proposed a
                                                                  $32,500 civil penalty against the passenger.17
                                                                    Frontier Airlines flight from Atlanta to New York City (January 3, 2021).18 A pas-
                                                                  senger physically assaulted two flight attendants and threatened to kill one of them
                                                                  in an attempt to gain entry to the flight deck. Law enforcement met the passenger
                                                                  after deplaning and he now faces a $30,000 FAA civil penalty.19
                                                                    Alaska Airlines flight from Seattle to Denver (March 9, 2021).20 A passenger re-
                                                                  fused to wear a mask and then stood up and urinated in the cabin of the airplane.
                                                                  According to the Federal Bureau of Investigation (FBI), the passenger appeared to
                                                                  be trying to sleep but swatted at an attendant when she asked him repeatedly to
                                                                  put on his mask. The passenger told the FBI that he had several beers and ‘‘a cou-
                                                                  ple of shots’’ before boarding the flight, fell asleep on the plane and awoke to being
                                                                  yelled at by the flight attendants who told him he was urinating. He stated he had
                                                                  no recollection of hitting the flight attendant and didn’t know he was urinating. The
                                                                  FBI arrested the passenger, and he now faces a federal charge of interfering with
                                                                  a flight crew and attendants, which carries a maximum term of 20 years in prison
                                                                  and possible $250,000 fine.21
                                                                    JetBlue flight from New York City to Orlando (May 24, 2021).22 A passenger
                                                                  threw his carry-on luggage at other passengers, before he then laid down in the
                                                                  aisle and refused to get up. After the passenger grabbed a flight attendant by the
                                                                  ankles and put his head up her skirt, he was placed in flex cuffs and the flight made
                                                                  an emergency landing in Richmond, Virginia. The FAA has proposed a $45,000 civil
                                                                  penalty.23
                                                                    Frontier Airlines flight from Philadelphia to Miami (July 31, 2021).24 A passenger
                                                                  made inappropriate physical contact with a flight attendant and subsequently
                                                                  punched another flight attendant in the face. As a result, the passenger was re-
                                                                  strained to his seat using duct tape until the flight landed in Miami and law en-
                                                                  forcement arrived. The passenger was charged with three counts of battery and
                                                                  taken to Miami-Dade County Jail–TGK Correctional Center.
                                                                    American Airlines flight from Los Angeles to Salt Lake City (September 6, 2021).25
                                                                  While the aircraft was still in flight, an intoxicated passenger thought the aircraft
                                                                  had landed, which caused him to become irate and argue with flight attendants.
                                                                  After a member of the crew ordered the passenger to sit down and stay in his seat,
                                                                  he staggered backward, invoked the name of the President Biden, and continued to
                                                                  protest. While a recording of the incident shows the passenger finally sitting down,
                                                                  the video also shows him baring his teeth, growling, and biting his mask while
                                                                  growling, and then biting his mask and dragging it up and down over his face also
                                                                  while growling. Later, he was recorded once again standing in the aisle again telling
                                                                  the rest of the passengers that they were ‘‘all being used as pawns.’’ The passenger
                                                                  was cited for disorderly conduct and public intoxication.
                                                                  B. Recent Enforcement
                                                                    With the FAA Administrator signing an order on January 13, 2021, establishing
                                                                  a ‘‘zero-tolerance’’ policy with respect to unruly and dangerous behavior on aircraft,

                                                                     17 FAA, FAA Fines Against Unruly Passengers Reach $1M, Press Release (Aug. 19, 2021),
                                                                  available at https://www.faa.gov/newsroom/faa-fines-against-unruly-passengers-reach-1m
                                                                     18 Id.
                                                                     19 Id.
                                                                     20 Associated Press, Airline passenger faces federal charge with a possible $250,000 fine for re-
                                                                  fusing to wear mask, urinating in cabin, USA TODAY (Mar. 13, 2021), available at https://
                                                                  www.usatoday.com/story/travel/airline-news/2021/03/13/mask-required-alaska-airlines-flight-pas-
                                                                  senger-arrested/4683230001/.
                                                                     21 Id.
                                                                     22 Suzanne Rowan Kelleher, Here’s How Much A JetBlue Passenger Was Fined For Putting His
                                                                  Head Up A Flight Attendant’s Skirt, Forbes (Aug. 19, 2021), available at https://www.forbes.com/
                                                                  sites/suzannerowankelleher/2021/08/19/passenger-head-up-flight-attendants-skirt/
                                                                  ?sh=1e5c21f3e017.
                                                                     23 FAA, FAA Fines Against Unruly Passengers Reach $1M, Press Release (Aug. 19, 2021),
                                                                  available at https://www.faa.gov/newsroom/faa-fines-against-unruly-passengers-reach-1m
                                                                     24 Man duct-taped to seat for allegedly touching flight attendants on Frontier flight, ABC 7 NY
                                                                  (Aug. 3, 2021), available at https://abc7ny.com/philadelphia-to-miami-flight-assault-maxwell-
                                                                  berry-assaulting-attendant-inappropriately-touching/10926843/.
                                                                     25 Hannah Simpson, Growling passenger is arrested after removing mask, demanding to be let
                                                                  off plane, WASH POST (Sept. 8, 2021), available at https://www.washingtonpost.com/travel/2021/
                                                                  09/08/american-airlines-growling-passenger/.




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                                                                  the FAA has pursued some of the highest penalties in its history for these viola-
                                                                  tions.26 Below are some examples.
                                                                     Southwest Airlines flight from Sacramento to San Diego (May 23, 2021).27 A pas-
                                                                  senger repeatedly ignored standard in-flight instructions and became verbally and
                                                                  physically abusive upon landing. Video shows the passenger sitting in an aisle seat
                                                                  at the back of the plane, jumping up and hitting the flight attendant multiple times.
                                                                  In the video, the passenger continues swinging at the flight attendant until another
                                                                  passenger intervenes, putting himself between her and the flight attendant. The
                                                                  flight attendant lost two teeth. Upon landing, San Diego Harbor Police arrested the
                                                                  passenger and charged her with felony battery. The passenger has now been
                                                                  charged with two federal felonies: assault resulting in serious injury and inter-
                                                                  ference with a crewmember. The first charge carries a maximum sentence of 10
                                                                  years in prison, while the second is punishable by as many as 20 years.
                                                                     Delta Airlines flight from Los Angeles to Nashville (June 4, 2021).28 A passenger
                                                                  attempted to breach the flight deck mid-flight. According to passenger testimony,
                                                                  the passenger, seemingly unprovoked, got up, pushed aside flight attendants and
                                                                  began pounding on the flight deck door, repeatedly yelling: ‘‘We need to land this
                                                                  plane.’’ The passenger was quickly taken down by another passenger, who was then
                                                                  assisted by the flight attendants. The passenger was held down for twenty minutes
                                                                  and bound by his wrists and ankles. Nonetheless, he continued to yell, ‘‘Stop this
                                                                  plane.’’ The plane made an emergency landing in Albuquerque, New Mexico. The
                                                                  passenger was arrested by the FBI, taken into custody, and charged with interfering
                                                                  with a member of a flight crew. At his federal detention hearing on in June, the
                                                                  passenger’s attorney argued that he suffered an ‘‘acute mental break’’ during the
                                                                  flight.
                                                                     United Airlines (SkyWest) flight from Los Angeles to Salt Lake City (June 25,
                                                                  2021).29 As the flight was readying to take off from Los Angeles, a passenger leaned
                                                                  over to the passenger sitting next to him and whispered that he was going to jump
                                                                  out. He then sprinted to the front of the plane and tried to enter the flight deck,
                                                                  banging on the door. When he was unsuccessful, he opened an emergency exit door
                                                                  and leapt out of the plane. According to the complaint, the passenger had been
                                                                  smoking crystal meth on and off that day before boarding this flight. The passenger
                                                                  was charged with interfering with crewmembers.
                                                                  II. LAWS, REGULATIONS, AND ENFORCEMENT
                                                                  A. Federal Aviation Administration
                                                                    The FAA possesses explicit statutory authority to pursue civil enforcement action
                                                                  against any passenger who assaults a crewmember or another passenger, or who
                                                                  otherwise commits any act that endangers the safety of the aircraft.30 Through reg-
                                                                  ulation, the FAA also prohibits interference with crewmembers in the performance
                                                                  of their duties.31 The 2018 FAA Reauthorization Act increased the fine for violations
                                                                  of these prohibitions to not more than $37,000.32 Interference with crewmembers’
                                                                  performance of his or her duties by assault or intimidation is also a federal crime
                                                                  punishable by up to 20 years in prison.33
                                                                    ‘‘Zero Tolerance’’ Policy. On January 13, 2021, FAA Administrator Steve Dickson
                                                                  issued an order directing FAA inspectors and enforcement staff to pursue a ‘‘zero
                                                                  tolerance’’ policy regarding enforcement of the prohibitions on interference with
                                                                  crewmembers and other unruly conduct on board aircraft.34 In issuing the order, the
                                                                  Administrator cited increased disruptive behavior by passengers stemming from

                                                                     26 FAA Order 2150.3C CHG 6, SUBJ: FAA Compliance and Enforcement Program (Mar. 31,
                                                                  2021), available at https://www.faa.gov/regulationslpolicies/orderslnotices/index.cfm/go/docu-
                                                                  ment.information/documentID/1034329.
                                                                     27 Julian Mark, A Southwest passenger was filmed punching a flight attendant. She was
                                                                  charged with two felonies, WASH. POST (Sept. 3, 2021), available at https://
                                                                  www.washingtonpost.com/nation/2021/09/03/vyvianna-quinonez-federal-charges/.
                                                                     28 DOJ, Airline passenger charged with interfering with flight crew, Press Release (June 9,
                                                                  2021), available at https://www.justice.gov/usao-nm/pr/airline-passenger-charged-interfering-
                                                                  flight-crew.
                                                                     29 Julian Mark, Man who jumped from a moving plane at LAX tells FBI he bought ‘a lot’ of
                                                                  crystal meth before the flight, WASH POST (June 29, 2021), available at https://
                                                                  www.washingtonpost.com/nation/2021/06/29/los-angeles-airport-cockpit-breach/.
                                                                     30 49 U.S.C. § 46318.
                                                                     31 14 C.F.R. § 121.580.
                                                                     32 P.L. 115–254 § 339 (2018); see also 14 C.F.R. §§ 91.11, 121.580, and 125.328.
                                                                     33 49 U.S.C. § 46504.
                                                                     34 FAA Order 2150.3C CHG 6, SUBJ: FAA Compliance and Enforcement Program (Mar. 31,
                                                                  2021), available at https://www.faa.gov/regulationslpolicies/orderslnotices/index.cfm/go/docu-
                                                                  ment.information/documentID/1034329.




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                                                                                                                      xi
                                                                  both refusal to wear masks and the attack on the U.S. Capitol the week before.35
                                                                  Under the policy, ‘‘passengers who assault, threaten, intimidate, or interfere with
                                                                  a crewmember in the performance of a crewmember’s duties in violation of [the fed-
                                                                  eral prohibitions on these acts]’’ will be subject to civil penalties.36 The order directs
                                                                  that the FAA’s preexisting presumption of ‘‘compliance counseling’’ and other admin-
                                                                  istrative actions short of formal civil-penalty actions against violators may not be
                                                                  used to address these violations.37
                                                                     Outreach. In an effort to address some of the issues related to unruly passengers,
                                                                  Administrator Dickson sent a letter to airports across the country requesting that
                                                                  airports work with their concessionaires to amplify the FAA’s prohibition on con-
                                                                  suming alcoholic beverages not served by crewmembers on board flights.38 The let-
                                                                  ter also highlighted the issue of state and local law enforcement failing to file crimi-
                                                                  nal charges after unruly passenger events.39 In addition, the FAA has developed a
                                                                  ‘‘Zero Tolerance for Unruly and Dangerous Behavior Toolkit’’ to amplify messages
                                                                  to stakeholders regarding unruly passengers and to decrease air rage incidents.40
                                                                  This toolkit includes suggestions for airport digital signage, public service announce-
                                                                  ments, and social media memes.41
                                                                  B. Transportation Security Administration (TSA)
                                                                    The TSA’s primary role is to protect transportation facilities and assets (including
                                                                  airports and airplanes) from terrorist and criminal threats.42 The TSA is responsible
                                                                  for setting the required security and training standards for airlines and airline
                                                                  crews to manage unruly passengers via its Aircraft Operator Standard Security Pro-
                                                                  gram (AOSSP).43 The AOSSP provides general guidance on the security programs,
                                                                  equipment, and employee training that airlines are required to implement in order
                                                                  to operate. This training includes initial and recurrent security training. The
                                                                  AOSSP’s requirements are not prescriptive; each airline is granted flexibility in the
                                                                  development of its own specific curriculum to meet the program requirements.
                                                                    The TSA is also responsible for enforcing the federal requirement that individuals
                                                                  wear masks throughout commercial and public transportation systems, including at
                                                                  airport screening checkpoints, within the airports themselves, and on commercial
                                                                  airplanes.44 The TSA reports that as of July 2021, there had been over 85 assaults
                                                                  on transportation security officers (TSO) in 2021.45 In July alone, large U.S. airlines
                                                                  carried 73.4 million passengers.46 So, while a very rare occurrence, such assaults
                                                                  are serious and must be addressed. In June 2021, the TSA referred two incidents
                                                                  involving unruly passengers to law enforcement officials.47 In one incident, a pas-
                                                                  senger allegedly assaulted two TSOs while attempting to breach the exit lane in

                                                                     35 David Shepardson, Exclusive: U.S. FAA chief orders ‘zero tolerance’ for disruptive airline
                                                                  passengers, possibly jail, REUTERS (January 13, 2021) available at https://www.reuters.com/arti-
                                                                  cle/us-usa-election-aviation-exclusive/exclusive-u-s-faa-chief-orders-zero-tolerance-for-disruptive-
                                                                  airline-passengers-possibly-jail-idUSKBN29I302; see also FAA, Press Release—Federal Aviation
                                                                  Administration Adopts Stricter Unruly Passenger Policy, (January 13, 2021) available at https://
                                                                  www.faa.gov/news/presslreleases/newslstory.cfm?newsId=25621.
                                                                     36 FAA     Order   2150.3C     CHG      6,   https://www.faa.gov/documentLibrary/media/Order/
                                                                  FAAlOrderl2150.3ClCHGl6.pdf.
                                                                     37 Id.
                                                                     38 Letter from FAA Administrator Dickson to Airport Leaders (Aug. 3, 2021), available at
                                                                  https://www.faa.gov/datalresearch/passengerslcargo/unrulylpassengers/toolkit/media/Let-
                                                                  terltolairportslFINALlsigned.pdf.
                                                                     39 Id.
                                                                     40 FAA, Zero Tolerance for Unruly and Dangerous Behavior Toolkit (last accessed Sept. 14,
                                                                  2021), available at https://www.faa.gov/datalresearch/passengerslcargo/unrulylpassengers/
                                                                  toolkit/.
                                                                     41 Id.
                                                                     42 CRS, R46678, Transportation Security: Background and Issues for the 117th Congress (Feb.
                                                                  2021).
                                                                     43 TSA, Aviation Programs: Aircraft Operator Standard Security Program (Full Program) and
                                                                  Public Charters (last accessed Sept. 16, 2021), available at https://www.tsa.gov/for-industry/avia-
                                                                  tion-programs.
                                                                     44 TSA, ‘‘Face Mask Requirements: Security Directives and Emergency Amendment,‘‘ (last
                                                                  accessed September 7, 2021), available at https://www.tsa.gov/sd-and-ea.
                                                                     45 David Shepardson, U.S. Inflight Disturbances jump 500%, 85 TSA Officers Assaulted—agen-
                                                                  cy, REUTERS (July 20, 2021), available at https://www.reuters.com/world/us/us-agencies-report-
                                                                  rising-number-unruly-airline-passengers-2021-07-20/
                                                                     46 U.S. Department of Transportation Bureau of Transportation Statistics, U.S. Airlines July
                                                                  2021 Passengers (Preliminary), available at: https://content.govdelivery.com/accounts/USDOT/
                                                                  bulletins/2f1c72e.
                                                                     47 TSA, Press Release, TSA reminds passengers to remain calm and respectful at security
                                                                  checkpoints (June 24, 2021), available at https://www.tsa.gov/news/press/releases/2021/06/24/tsa-
                                                                  reminds-passengers-remain-calm-and-respectful-security




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                                                                                                                       xii
                                                                  Louisville, Kentucky. In the other incident, a passenger allegedly bit two TSOs.48
                                                                  In each case, the passengers face civil penalties of up to $13,910 for violation of TSA
                                                                  security requirements.49
                                                                     The hearing will examine the recent rise in reports of air rage incidents and the
                                                                  effect these incidents have on the aviation workforce, airlines, and pilots. Witnesses
                                                                  will also have the opportunity to share recommendations for federal government
                                                                  prevention, response, and enforcement.

                                                                                                              WITNESSES
                                                                       • Sara Nelson, International President, Association of Flight Attendants—CWA
                                                                       • Teddy Andrews, Flight Attendant at American Airlines (appearing on behalf of
                                                                         the Association of Professional Flight Attendants)
                                                                       • Christopher R. Bidwell, Senior Vice President, Safety, Airports Council Inter-
                                                                         national–North America
                                                                       • Lauren Beyer, Vice President, Security and Facilitation, Airlines for America




                                                                       48 Id.
                                                                       49 Id.




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                                                                  DISRUPTION IN THE SKIES: THE SURGE IN
                                                                   AIR RAGE AND ITS EFFECTS ON WORKERS,
                                                                   AIRLINES, AND AIRPORTS

                                                                                          THURSDAY, SEPTEMBER 23, 2021

                                                                                            HOUSE OF REPRESENTATIVES,
                                                                                                SUBCOMMITTEE ON AVIATION,
                                                                        COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE,
                                                                                                                    Washington, DC.
                                                                    The subcommittee met, pursuant to call, at 10:03 a.m., in room
                                                                  2167 Rayburn House Office Building and via Zoom, Hon. Rick Lar-
                                                                  sen (Chairman of the subcommittee) presiding.
                                                                    Members present in person: Mr. DeFazio, Mr. Larsen, Mr.
                                                                  Garamendi, Mr. Kahele, Mr. Cohen, Mr. Graves of Louisiana, Mr.
                                                                  Perry, Mr. Burchett, Mr. Nehls, Mr. Mast, Mr. Katko, and Mr.
                                                                  Stauber.
                                                                    Members present remotely: Mr. Johnson of Georgia, Mr. Brown,
                                                                  Ms. Williams of Georgia, Ms. Davids, Ms. Norton, Mr. Stanton, Mr.
                                                                  Garcı́a of Illinois, Ms. Johnson of Texas, Mr. Payne, Mr. Lynch, Mr.
                                                                  Allred, Mr. Lamb, Ms. Titus, Mr. DeSaulnier, Mrs. Steel, Mr.
                                                                  Massie, Dr. Van Drew, Mr. Gimenez, Mr. Fitzpatrick, and Ms. Van
                                                                  Duyne.
                                                                    Mr. LARSEN. The subcommittee will come to order.
                                                                    First, I ask unanimous consent that the chair be authorized to
                                                                  declare a recess at any time during today’s hearing.
                                                                    Without objection, so ordered.
                                                                    I also ask unanimous consent Members not on the subcommittee
                                                                  be permitted to sit with the subcommittee at today’s hearing and
                                                                  ask questions.
                                                                    Without objection, so ordered.
                                                                    As a reminder, please keep your microphones muted unless
                                                                  speaking. And if we hear any inadvertent background noise, I will
                                                                  request that Members please mute their microphone.
                                                                    Also a reminder, to insert a document into the record, please
                                                                  have your staff email it to DocumentsT&I@mail.house.gov, and
                                                                  that is ‘‘T’’ with the ampersand and then ‘‘I.’’
                                                                    So good morning, and welcome to today’s witnesses joining the
                                                                  Aviation Subcommittee’s hearing titled, ‘‘Disruption in the Skies:
                                                                  The Surge in Air Rage and Its Effects on Workers, Airlines, and
                                                                  Airports.’’
                                                                    As the Nation works to get to the other side of the COVID–19
                                                                  pandemic, the surge in public air rage incidents has exacerbated
                                                                  the already tenuous workforce situation in our aviation sector and
                                                                  eroded confidence in air travel. These incidents have also put the
                                                                                                                      (1)




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                                                                                                                      2

                                                                  safety of frontline workers, passengers, and the Nation’s aviation
                                                                  system at risk, and could potentially lead to further safety issues.
                                                                     Unruly passenger behavior is not necessarily new. From 2015 to
                                                                  2020, the FAA initiated a total of 786 investigations into unruly
                                                                  passenger behavior. However, through the first 9 months of 2021,
                                                                  the FAA has initiated 789 investigations.
                                                                     Airlines have filed 4,385 unruly passenger complaints since the
                                                                  beginning of the calendar year, including 3,199 mask-related com-
                                                                  plaints.
                                                                     As Sara Nelson will testify from the AFA–CWA, frontline avia-
                                                                  tion workers have to deal with everything from vulgar language,
                                                                  including racial epithets, to punching, kicking, biting, shoving, and
                                                                  spitting from passengers. This behavior is from a small percentage
                                                                  of the traveling public, but it is disgusting, it is unacceptable, and
                                                                  it is a danger to fellow passengers, to crew, and the entire U.S.
                                                                  aviation system.
                                                                     Congress, the Federal Government, and the aviation industry
                                                                  must work together to protect airline crews, airport staff, and the
                                                                  traveling public from passenger outbursts, while also preparing for
                                                                  the next public health and national security crises.
                                                                     As subcommittee chair, I made aviation safety and enhancing the
                                                                  air travel experience for passengers and crews a priority. Three
                                                                  years ago, I worked with then-subcommittee chair, Frank LoBi-
                                                                  ondo, and others to pass the FAA Reauthorization Act of 2018,
                                                                  which increased the maximum civil penalty per unruly passenger
                                                                  violation by 48 percent, to $37,000.
                                                                     When incidents began to rise after the January 6th attack on the
                                                                  Capitol, Chair DeFazio and I encouraged FAA Administrator
                                                                  Dickson to use the full weight of Federal law to protect airline pas-
                                                                  sengers and crews ahead of the inauguration.
                                                                     Earlier this year, the FAA announced a series of measures to
                                                                  combat passenger issues, including a zero-tolerance policy and a
                                                                  public awareness campaign that showed noticeable results.
                                                                     But Congress and Government agencies can only do so much. I
                                                                  was encouraged to see this week that FAA urged airlines to take
                                                                  additional steps to address this issue, though there is confusion
                                                                  about what FAA is asking of airlines and others in the aviation
                                                                  sector.
                                                                     I look forward to hearing from today’s witnesses about the en-
                                                                  forcement of U.S. laws prohibiting such behavior and what more
                                                                  Congress and agencies can do to support frontline workers.
                                                                     A public health response must lead economic recovery, and as
                                                                  one thing that we can learn from today is that lessons learned from
                                                                  the ongoing pandemic show the urgent need for a national aviation
                                                                  preparedness plan to improve the safety of aviation crews, employ-
                                                                  ees, and passengers to minimize disruptions to the national avia-
                                                                  tion system and restore confidence in air travel.
                                                                     And I would ask Members to consider supporting my bill, the Na-
                                                                  tional Aviation Preparedness Plan Act, which I introduced earlier
                                                                  this year with my colleague Don Beyer.
                                                                     Before we begin, I want to thank the women and men on the
                                                                  front lines of the aviation industry who continue to keep people and
                                                                  the economy moving forward during these very difficult times.




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                                                                                                                      3

                                                                     Today’s witnesses represent stakeholders for air carriers, air-
                                                                  ports, and frontline workers who can speak to the current situation
                                                                  and what changes need to be made to reduce these incidents.
                                                                     I am pleased to welcome Sara Nelson, international president of
                                                                  the Association of Flight Attendants–CWA. Ms. Nelson will provide
                                                                  the subcommittee with personal experiences, both as a frontline
                                                                  flight attendant and as president of a union representing 17 air-
                                                                  lines across the aviation sector.
                                                                     Mr. Teddy Andrews is a long-time flight attendant with Amer-
                                                                  ican Airlines and will be speaking today on behalf of the Associa-
                                                                  tion of Professional Flight Attendants. Mr. Andrews can provide us
                                                                  firsthand experience as a frontline flight attendant during the
                                                                  COVID–19 pandemic, highlighting the horrifying abuse he has
                                                                  been subjected to while, as he will say, simply doing his job.
                                                                     Ms. Lauren Beyer is vice president for security and facilitation
                                                                  for Airlines for America and has worked on a variety of issues re-
                                                                  lated to aircraft safety during the pandemic. I look forward to hear-
                                                                  ing from her about the airline industry’s efforts to address pas-
                                                                  senger behavior and what other support airlines need in order to
                                                                  do so.
                                                                     The subcommittee will also hear from Mr. Christopher Bidwell,
                                                                  senior vice president of security at Airports Council International–
                                                                  North America. It is important to hear the steps that airports are
                                                                  taking to prevent potential unruly passengers from boarding air-
                                                                  craft as well as additional measures Congress and agencies can un-
                                                                  dertake.
                                                                     In my district, and of course across the country, transportation
                                                                  means jobs and is key to economic recovery. And without a safe,
                                                                  reliable, commercial air travel industry, I would not be able to get
                                                                  to and from work. Many of us would not be able to get to and from
                                                                  work here in Congress and back home again. My constituents
                                                                  would not be able to travel to see family and friends, and frontline
                                                                  aviation workers would be without a job.
                                                                     Congress, the Federal Government, and the aviation industry
                                                                  must work together to reduce unruly passenger incidents and as-
                                                                  sure passengers and crews that the airlines are safe to fly. So I
                                                                  look forward to today’s discussion on how to best support their crit-
                                                                  ical work moving forward.
                                                                     Before I turn to the ranking member, Mr. Graves from Lou-
                                                                  isiana, I will just remind Members that if you are speaking, under
                                                                  the rules, you may take your mask off. If you are not speaking,
                                                                  please wear a mask.
                                                                     With that, I will turn to——
                                                                     Mr. DEFAZIO. Mr. Chairman, I would like to see the rule en-
                                                                  forced. I hope it won’t provoke violence, but Members on the other
                                                                  side need to wear their masks.
                                                                     Mr. LARSEN. All Members are to wear their masks if not speak-
                                                                  ing. If you are speaking, you may take your mask off. That is, if
                                                                  you are recognized to speak—not if you are speaking out of turn—
                                                                  you may take your mask off.
                                                                     Mr. Graves.
                                                                     [Mr. Larsen’s prepared statement follows:]
                                                                                                             f




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                                                                                                                      4
                                                                       Prepared Statement of Hon. Rick Larsen, a Representative in Congress
                                                                        from the State of Washington, and Chair, Subcommittee on Aviation
                                                                     Good morning and welcome to today’s witnesses joining the Aviation Subcommit-
                                                                  tee’s hearing titled ‘‘Disruption in the Skies: The Surge in Air Rage and its Effects
                                                                  on Workers, Airlines, and Airports.’’
                                                                     As the nation works to get to the other side of the COVID–19 pandemic, the surge
                                                                  in public air rage incidents has exacerbated the already tenuous workforce situation
                                                                  in our aviation sector and eroded confidence in air travel.
                                                                     These incidents have also put the safety of frontline workers, passengers and the
                                                                  nation’s aviation system at risk and could potentially lead to further safety issues.
                                                                     Unruly passenger behavior is not a new phenomenon.
                                                                     From 2015 to 2020, FAA initiated a total of 786 investigations into unruly pas-
                                                                  senger behavior.
                                                                     However, through the first nine months of 2021, FAA has initiated 789 investiga-
                                                                  tions.
                                                                     Airlines have filed 4,385 unruly passenger complaints since the beginning of the
                                                                  calendar year, including 3,199 mask-related complaints.
                                                                     As Sara Nelson will testify, frontline aviation workers have to deal with every-
                                                                  thing from vulgar language, including racial epithets, to punching, kicking, biting,
                                                                  shoving and spitting from passengers.
                                                                     This behavior from a small percentage of the traveling public is disgusting, unac-
                                                                  ceptable and a danger to fellow passengers, crew and the entire U.S. aviation sys-
                                                                  tem.
                                                                     Congress, the federal government and the aviation industry must work together
                                                                  to protect airline crews, airport staff and the traveling public from passenger out-
                                                                  bursts while also preparing for the next public health and national security crises.
                                                                     As Subcommittee Chair, I have made aviation safety and enhancing the air travel
                                                                  experience for passengers and crews a priority.
                                                                     Three years ago, I worked with then-Subcommittee Chair Frank LoBiondo to pass
                                                                  the FAA Reauthorization Act of 2018, which increased the maximum civil penalty
                                                                  per unruly passenger violation by 48 percent to $37,000.
                                                                     When incidents began to rise after the January 6 attack on the Capitol, Chair
                                                                  Peter DeFazio and I encouraged FAA Administrator Dickson to use the full weight
                                                                  of federal law to protect airline passengers and crews ahead of the Inauguration.
                                                                     Earlier this year, FAA announced a series of measures to combat passenger
                                                                  issues, including a zero-tolerance policy and a public awareness campaign that
                                                                  showed noticeable results.
                                                                     But Congress and government agencies can only do so much.
                                                                     I was encouraged to see this week that FAA urged airlines to take additional
                                                                  steps to address this issue, though there is confusion about what FAA is asking of
                                                                  airlines and others in the aviation sector.
                                                                     I look forward to hearing from today’s witnesses about the enforcement of U.S.
                                                                  laws prohibiting such behavior and what more Congress and agencies can do to sup-
                                                                  port frontline workers.
                                                                     The public health response must lead the economic recovery.
                                                                     Lessons learned from the ongoing pandemic show the urgent need for a national
                                                                  aviation preparedness plan to improve the safety of aviation crews, employees and
                                                                  passengers minimize disruptions to the national aviation system and restore con-
                                                                  fidence in air travel.
                                                                     I reintroduced my bill, the National Aviation Preparedness Plan Act, earlier this
                                                                  year with my colleague Rep. Don Beyer (VA–08).
                                                                     With a clear and consistent plan in place, I am confident the U.S. aviation system
                                                                  will be better prepared for future crises.
                                                                     Before we begin, I want to thank the women and men on the frontlines of the
                                                                  aviation industry who continue to keep people and the economy moving during these
                                                                  difficult times.
                                                                     Today’s witnesses represent stakeholders for air carriers, airports and frontline
                                                                  workers who can speak to the current situation and what changes need to be made
                                                                  to reduce these incidents.
                                                                     I am pleased to welcome Sara Nelson, International President of the Association
                                                                  of Flight Attendants–Communications Workers of America (CWA).
                                                                     Ms. Nelson will provide the subcommittee with personal experience both as a
                                                                  frontline flight attendant and as president of a union representing 17 airlines across
                                                                  the aviation sector.
                                                                     Mr. Teddy Andrews is a long-time flight attendant with American Airlines and
                                                                  will be speaking today on behalf of the Association of Professional Flight Attend-
                                                                  ants.




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                                                                                                                      5
                                                                     Mr. Andrews can provide his first-hand experience as a frontline flight attendant
                                                                  during the COVID–19 pandemic, highlighting the horrifying abuse he has been sub-
                                                                  jected to while, as he will say, simply doing his job.
                                                                     Ms. Lauren Beyer is Vice President for Security and Facilitation for Airlines for
                                                                  America and has worked on a variety of issues related to aircraft safety during the
                                                                  pandemic.
                                                                     I look forward to hearing from her about the airline industry’s efforts to address
                                                                  passenger behavior and what other supports airlines need to do so.
                                                                     The Subcommittee will also hear from Mr. Christopher Bidwell, Senior Vice Presi-
                                                                  dent of Security at Airports Council International–North America.
                                                                     It is important to hear steps airports are taking to prevent potential unruly pas-
                                                                  sengers from boarding aircraft as well as additional measures Congress and federal
                                                                  agencies can undertake.
                                                                     In my district and across the country, transportation means jobs and is key to eco-
                                                                  nomic recovery.
                                                                     Without safe, reliable commercial air travel, I would not be able to get to and
                                                                  from work, my constituents would not be able to travel to see family and friends
                                                                  and frontline aviation workers would be without a job.
                                                                     Congress, the federal government and the aviation industry must work together
                                                                  to reduce unruly passenger incidents and ensure passengers and crews are safe to
                                                                  fly.
                                                                     I look forward to today’s discussion on how to best support your critical work mov-
                                                                  ing forward.

                                                                     Mr. GRAVES OF LOUISIANA. Thank you, Mr. Chairman. I want to
                                                                  thank you for having this hearing today.
                                                                     And I want to make very clear from the beginning that the be-
                                                                  havior we have seen in the media in regard to some of the adverse
                                                                  interactions on airplanes is completely unacceptable. It needs to be
                                                                  a civil experience for everyone on the plane, and obviously there
                                                                  are additional safety considerations for being tens of thousands of
                                                                  feet up in the air in a metal airplane when thinking about this.
                                                                     Flight attendants, gate agents, and other airline employees have
                                                                  the right to go to work without the fear of being harassed, intimi-
                                                                  dated, abused, or assaulted. Period.
                                                                     FAA is correct for strenuously enforcing the rules and regula-
                                                                  tions that are applicable to air travel and for holding people ac-
                                                                  countable for failing to comply, and that unruly and illegal behav-
                                                                  ior shall not be tolerated. Period.
                                                                     Data shows that there are more cases of unruly behavior and
                                                                  that we are seeing a spike or increase. And I think it is important
                                                                  to look at the causes, to look at how we can mitigate that, and how
                                                                  we can solve the problems.
                                                                     There have been, I believe the chairman noted, 4,284 complaints
                                                                  of unruly passengers as of September 14, but let’s remember that,
                                                                  so far this year, more than 350 million passengers have flown. So
                                                                  if you do the math there, that is 0.001 percent, and that is like
                                                                  comparing the population of New Roads, Louisiana—a town that I
                                                                  represent, that you all haven’t heard of but you should go visit,
                                                                  False River, it is a lot of fun—to the population of the entire coun-
                                                                  try.
                                                                     And so the vast majority of flights occur without these types of
                                                                  air rage incidents. I am worried that this hearing may convey to
                                                                  people on the outside that getting on an airplane is a wild and un-
                                                                  ruly experience, and I think that it is really important for us to
                                                                  convey to folks that that is absolutely not the norm. That is the ex-
                                                                  ception.
                                                                     And I will say it again, 0.001 percent of passengers end up hav-
                                                                  ing an unruly incident.




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                                                                     But I also think that we have got to look at this not just from
                                                                  the perspective of the airlines and the airline employees and oth-
                                                                  ers, we have got to look at this thing holistically.
                                                                     Mr. Chairman, I want to read some statistics. According to the
                                                                  Kaiser Family Foundation, in January 2021, 4 in 10 adults re-
                                                                  ported symptoms of anxiety or depressive disorder, up from 1 in 10
                                                                  adults. So 4 in 10 now, it was up from 1 in 10 in June of 2019.
                                                                     Overall, 2020 values show a 50-percent increase in overdose-re-
                                                                  lated cardiac arrest—50-percent increase in cardiac arrest related
                                                                  to overdose.
                                                                     Mental distress, the number of March 2020 calls to the Disaster
                                                                  Distress Helpline at the Substance Abuse and Mental Health Serv-
                                                                  ices Administration, SAMHSA, was 891 percent higher than March
                                                                  the year before.
                                                                     And perhaps a little bit closer to home for some of us here, the
                                                                  Capitol Police have reported 4,135 threats against lawmakers dur-
                                                                  ing the first 3 months of 2021 alone, putting the number of threats
                                                                  on track to double those from last year.
                                                                     Mr. Chairman, my point here is that we are seeing increased
                                                                  anxiety in society, whether it is mental health and depression, it
                                                                  is domestic violence, it is substance abuse, mental distress, or other
                                                                  types of challenges across Government.
                                                                     Now, let’s look specifically at the air travel experience from the
                                                                  passenger perspective; maybe it is a person or a family that doesn’t
                                                                  travel often, doesn’t travel as often as some people here perhaps.
                                                                  They have to think about packing their bags, getting their kids all
                                                                  together, getting everything in the car, getting to the airport on
                                                                  time, finding a parking spot, getting on the shuttle, getting in line
                                                                  at the airport to check bags in, getting in line at TSA, which who
                                                                  knows how that experience is going to go.
                                                                     I recently had a TSA agent make me walk through the metal de-
                                                                  tector four times because I was told that I wasn’t walking through
                                                                  it right. I don’t even know what that looks like. I have walked
                                                                  through metal detectors thousands and thousands of times. I do it
                                                                  every day here, and I was told I walked through it wrong.
                                                                     I had another TSA guy tell me that I didn’t let the dog sniff me
                                                                  properly. I don’t even know what this stuff means.
                                                                     Now let’s keep going. So then you get into the airport, you get
                                                                  to buy your $6 bottle of water, your $12 granola bar. You get to
                                                                  sit on a plane, and, yes, it is packed. And just like my flight experi-
                                                                  ence coming here, I got up at 4 a.m. this week, I left the house at
                                                                  5 a.m., and, let’s see, by the time I walked into the airport and fi-
                                                                  nally got to DC because of problems, I think it was 8 or 9 hours
                                                                  later, wearing a mask the entire time.
                                                                     Mr. Chairman, I think it is important for us to contrast that with
                                                                  the experiences people maybe had at the airport where they sat
                                                                  down at a table with other people and were sitting there eating
                                                                  without masks on.
                                                                     We have seen all the data showing how clean the air on flights
                                                                  are, and the low transmission rates are virtually nonexistent trans-
                                                                  mission rates that are on airplanes.
                                                                     So, Mr. Chairman, here is my point. I am glad we are having
                                                                  this hearing, but I think it is really important that we look at this
                                                                  from the passenger perspective as well. I met with Tampa Airport




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                                                                  yesterday. The guy used the term ‘‘trying to decompress the experi-
                                                                  ence.’’ How do we look at this holistically and decompress that en-
                                                                  tire experience—from parking, to TSA, to bags, and everything
                                                                  else, to make this a lower stress experience.
                                                                     So, Mr. Chairman, I look forward to hearing from the witnesses
                                                                  today, and I am hopeful that we can move in a direction that truly
                                                                  is productive. I am excited and optimistic that some of the data
                                                                  FAA released today showed a significant decline in air rage inci-
                                                                  dents, and I hope that we can build upon that success.
                                                                     I yield back.
                                                                     [Mr. Graves of Louisiana’s prepared statement follows:]
                                                                                                             f

                                                                  Prepared Statement of Hon. Garret Graves, a Representative in Congress
                                                                   from the State of Louisiana, and Ranking Member, Subcommittee on
                                                                   Aviation
                                                                     Thank you, Mr. Chairman. I want to thank you for having this hearing today. I
                                                                  want to make very clear from the beginning that the behavior we’ve seen in the
                                                                  media in regard to some of the adverse interactions on airplanes is completely unac-
                                                                  ceptable. It needs to be a civil experience for everyone on the plane, and obviously
                                                                  there are additional safety considerations for being tens of thousands of feet up in
                                                                  the air in a metal airplane when thinking about this.
                                                                     Flight attendants, gate agents, and other airline employees have the right to go
                                                                  to work without the fear of being harassed, intimidated, abused, or assaulted—pe-
                                                                  riod. The FAA is correct for aggressively enforcing the rules and regulations that
                                                                  are applicable to air travel and for holding people accountable for failing to comply,
                                                                  and that unruly and illegal behavior shall not be tolerated—period.
                                                                     Data shows that there are more cases of unruly behavior and that we are seeing
                                                                  a spike or increase, and I think it is important to look at the causes, look at how
                                                                  we can mitigate that, and how we can solve the problems.
                                                                     There have been 4,284 complaints of unruly passengers as of September 14, but
                                                                  let’s remember that so far this year, more than 350 million passengers have flown.
                                                                  So, if you do the math, that’s 0.001 percent. That’s like comparing the population
                                                                  of New Roads, Louisiana—a town that I represent that you all should go visit—to
                                                                  the population of the entire United States. So, the vast majority of flights occur
                                                                  without these types of ‘‘air rage’’ incidents.
                                                                     I’m worried that this hearing may convey to people on the outside that getting
                                                                  on an airplane is a wild and unruly experience, and I think that it is really impor-
                                                                  tant for us to convey to folks that that’s absolutely not the norm. That’s the excep-
                                                                  tion, and I will say it again, 0.001 percent of passengers have an unruly incident.
                                                                     But I also think we have to look at this not just from the perspective of the air-
                                                                  lines and airline employees and others. We have to look at this holistically.
                                                                     I want to provide some statistics. According to the Kaiser Family Foundation in
                                                                  January 2021, four in 10 adults reported symptoms of anxiety or depressive dis-
                                                                  order, up from one in 10 adults in June of 2019.
                                                                     Overall, 2020 values show a 50 percent increase in overdose-related cardiac ar-
                                                                  rest. The number of March 2020 calls to the Disaster Distress Line at the Substance
                                                                  Abuse and Mental Health Services Administration was 891 percent higher than
                                                                  March the year before. And perhaps a little bit closer to home to some of us here,
                                                                  the U.S. Capitol Police have reported 4,135 threats against lawmakers during the
                                                                  first three months of 2021 alone, putting the number of threats on track to double
                                                                  those of last year.
                                                                     My point here is that we are seeing increased anxiety in society—whether it’s
                                                                  mental health and depression, domestic violence and substance abuse, or mental
                                                                  distress or other types of challenges across government.
                                                                     Now let’s look specifically at the air travel experience from the passenger perspec-
                                                                  tive, and maybe it’s a person or a family that doesn’t travel often. They have to
                                                                  think about packing their bags, getting their bags together, getting everything in
                                                                  the car, getting to the airport on time, finding a parking spot, getting on the shuttle,
                                                                  getting in line at the airport to check bags, getting in line at TSA—and who knows
                                                                  how that experience is going to go. I recently had a TSA agent make me walk
                                                                  through a metal detector four times because I was told I wasn’t walking through
                                                                  it right. I don’t even know what that means.




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                                                                     Now let’s continue. You then get into the airport and you get to buy your $6 bottle
                                                                  of water, $12 granola bar, and then sit on a plane. And yes, it’s packed. And just
                                                                  like my flight experience coming here, I got up at 4:00 a.m. earlier this week, left
                                                                  the house at 5:00 a.m., and by the time I walked into the airport and finally got
                                                                  to D.C. after various problems, it was eight or nine hours later—and wearing a
                                                                  mask the entire time.
                                                                     Mr. Chair, I am glad we are having this hearing, and I think it is really important
                                                                  that we look at this from the passenger perspective as well. I met with Tampa Air-
                                                                  port yesterday, and one of the people I met with used the phrase ‘‘trying to decom-
                                                                  press the experience.’’
                                                                     How do we look at this holistically and try to decompress the entire flying experi-
                                                                  ence—from parking, to TSA, to bags, and everything else—to make it a lower-stress
                                                                  experience.
                                                                     I look forward to hearing from the witnesses today and I am hopeful that we can
                                                                  move in a direction that truly is productive. I am excited and optimistic that some
                                                                  of the data the FAA released today showed a significant decline in air rage inci-
                                                                  dents, and I hope we can build upon that success.

                                                                     Mr. LARSEN. Thank you.
                                                                     And I now call on the chair of the full committee, Mr. DeFazio,
                                                                  for an opening statement.
                                                                     Mr. DEFAZIO. Thank you, Mr. Chairman. Thanks for holding
                                                                  this.
                                                                     Yeah, incidents are down 50 percent. They are still twice the
                                                                  level of last year. And minimizing, oh, like a flight attendant who
                                                                  gets her teeth knocked out or some jerk who tries to open the exit
                                                                  door, or crash into the cockpit. Of course, the FAA is dragging its
                                                                  feet on secondary barriers, which we mandated a number of years
                                                                  ago, but that is an issue for another day.
                                                                     But it is still too high. I think the zero tolerance and the pub-
                                                                  licized fines have an impact, but we need more prosecutions when
                                                                  there are serious violent incidents on airplanes.
                                                                     And there needs to be more cooperation between the airlines, the
                                                                  airports, the local police, and the Federal authorities, and I hope
                                                                  that we can engender that.
                                                                     I have flown about 8 million miles. Been doing this a long time.
                                                                  Until recently, I never saw a big sign in the airport advertising al-
                                                                  cohol to go, in cups. That has got to stop. It is illegal to bring your
                                                                  own alcohol onto a plane. But how are you going to tell? You know?
                                                                  Is it a coffee? Is it a soda? What is it?
                                                                     But the airports need to crack down on these vendors, or we need
                                                                  to find a way to induce the airports to crack down on these ven-
                                                                  dors. That is literally encouraging people to break the law. Get a
                                                                  great big to-go cup with four shots in it and take it on the airplane.
                                                                  So that needs to end.
                                                                     We are going to hear a lot of suggestions here today about how
                                                                  we can better deal with this, and we will look at what further ac-
                                                                  tions this committee can take.
                                                                     Thank you, Mr. Chairman.
                                                                     [Mr. DeFazio’s prepared statement follows:]
                                                                                                             f

                                                                  Prepared Statement of Hon. Peter A. DeFazio, a Representative in Con-
                                                                   gress from the State of Oregon, and Chair, Committee on Transportation
                                                                   and Infrastructure
                                                                    Thank you, Chair Larsen, for calling today’s hearing on the spike in air rage
                                                                  cases. Even as we continue to fight a pandemic, the amount of disruption and vio-
                                                                  lent behavior on planes has reached epidemic proportions. Today, flight attendants,




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                                                                  a representative of airports, and the head of security from Airlines for America will
                                                                  allow us to examine how air rage cases unfold on planes, how airports and law en-
                                                                  forcement respond, and what airlines are doing in the aggregate to respond to these
                                                                  incidents.
                                                                     In one incident in May, a flight attendant lost two teeth in an altercation after
                                                                  a passenger repeatedly ignored instructions and then became physically
                                                                  confrontational. In another, a belligerent passenger tried to break down the cockpit
                                                                  door, was handcuffed, broke free, and then struck the flight attendant trying to sub-
                                                                  due him a second time. Today we will hear from a flight attendant who has encoun-
                                                                  tered disruptive and unruly passengers on numerous occasions and can speak to the
                                                                  anxiety and fear many flight attendants feel going to work each day.
                                                                     Recognizing the growing trend of belligerence, in January the FAA issued an
                                                                  order directing staff to pursue a ‘‘zero-tolerance’’ policy for cases relating to inter-
                                                                  ference with crewmembers and other unruly conduct on board aircraft. It’s clear this
                                                                  policy, which I commended the Administrator for adopting in a letter in August, has
                                                                  worked. The FAA reported just this morning that the number of unruly passenger
                                                                  incidents last week had dropped to 50 percent of the number in early 2021. But the
                                                                  rate of these incidents is still too high: it’s twice the rate of cases reported in late
                                                                  2020. And the FAA inspectors who handle these cases are also responsible for con-
                                                                  ducting oversight and surveillance of the aviation system’s safety. They can’t con-
                                                                  tinue without some relief.
                                                                     Beyond this morning’s announcement, let’s look at the total numbers. The FAA
                                                                  reported that as of September 21, 2021, there have been 4,385 unruly passenger re-
                                                                  ports since the beginning of the 2021 calendar year. Two weeks ago, that number
                                                                  was 4,184, so that’s just over 200 new reports in the last two weeks alone.
                                                                     Moreover, there needs to be cooperation at the federal and state levels, as well
                                                                  as continued coordination within the aviation industry to stop the surge of air rage
                                                                  cases. First and foremost, the FAA must continue to coordinate with other federal
                                                                  agencies.
                                                                     While the FAA’s civil penalties have gone a long way to dissuade and deter dan-
                                                                  gerous and disastrous behavior—FAA fines issued for unruly flyers just topped $1
                                                                  million last month—other penalties must be enforced for the most violent offenders.
                                                                  In many cases these penalties must be brought in criminal court, under the jurisdic-
                                                                  tion of the DOJ. Yet in an article published earlier this month, DOJ said it had only
                                                                  filed charges in federal district courts for 16 defendants, matching the total number
                                                                  of unruly passengers federally charged the previous year. Given the discrepancy in
                                                                  cases between last year and this year, that is not satisfactory or commensurate with
                                                                  the serious number of cases.
                                                                     Cooperation must also continue with airports and local law enforcement. When a
                                                                  flight arrives with an unruly passenger in need of intervention, the airport must
                                                                  work with airport and local law enforcement to meet the plane at the gate. Airlines
                                                                  and the FAA must also work together to create best practices so that crews know
                                                                  how to interact with local law enforcement, and that local law enforcement in turn
                                                                  communicates that information to the FBI, ensuring that all the relevant informa-
                                                                  tion is gathered and needed reports filed.
                                                                     Finally, airports and their restaurants and other concessionaires must work to
                                                                  curb passenger intoxication and the occurrence of passengers carrying on and con-
                                                                  suming alcohol on flights. There is no reason that a passenger should be able to
                                                                  leave a restaurant with a ‘‘to-go’’ cup of alcohol and board a plane with it.
                                                                     I applaud Administrator Dickson’s letter to airports across the country requesting
                                                                  that airports work with their concessionaires to amplify the FAA’s prohibition on
                                                                  consuming alcoholic beverages not served by crewmembers on board flights. While
                                                                  alcohol may not always be the primary instigator in some of these confrontations,
                                                                  adding gratuitous alcohol to a violent situation certainly exacerbates the problem
                                                                  and subsequent danger to flight crew and the traveling public.
                                                                     Some have argued about the cause of air rage cases and try to pin it on the fed-
                                                                  eral mask mandate, which has saved innumerable lives. There’s no question that
                                                                  alcohol and possibly other substances play a significant role in driving otherwise-
                                                                  reasonable people to commit outrageous acts upon their fellow passengers and crew-
                                                                  members. One thing that needs to happen, and to happen today, is that airports
                                                                  must compel their concessionaires to sell alcohol responsibly. Posting a big sign in
                                                                  the terminal advertising ‘‘alcohol to-go’’ is not selling alcohol responsibly.
                                                                     While I am relieved that people have begun to return to the skies, we must re-
                                                                  main vigilant in ensuring their safe travel. That includes doing what we can to
                                                                  clamp down on this alarming increase in belligerent behavior. The primary solution
                                                                  is simple—passengers need to comply with federal and airline face mask require-
                                                                  ments and practice kindness and respect toward air crews and fellow passengers.




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                                                                  In the meantime, I look forward to working with my colleagues to see what we can
                                                                  do to support those on the front line.
                                                                    Thank you to all of our witnesses for being here today. I look forward to your tes-
                                                                  timony.

                                                                     Mr. LARSEN. Thank you.
                                                                     And now I welcome the witnesses on today’s panel. In order, we
                                                                  will have Ms. Sara Nelson, international president of the Associa-
                                                                  tion of Flight Attendants; Mr. Teddy Andrews, flight attendant—
                                                                  I am sorry—at American Airlines, I will make a correction on my
                                                                  opening statement on that—on behalf of the Association of Profes-
                                                                  sional Flight Attendants; Mr. Christopher Bidwell, senior vice
                                                                  president of security, Airports Council International–North Amer-
                                                                  ica; and Ms. Lauren Beyer, vice president of security and facilita-
                                                                  tion, Airlines for America.
                                                                     Thank you for joining us today. I look forward to your testimony.
                                                                     And, without objection, our witnesses’ full statements will be in-
                                                                  cluded in the record. And since your written testimony has been
                                                                  made part of the record, the subcommittee requests that you limit
                                                                  your oral testimony to 5 minutes.
                                                                     Ms. Nelson, you may proceed.
                                                                  TESTIMONY OF SARA NELSON, INTERNATIONAL PRESIDENT,
                                                                   ASSOCIATION OF FLIGHT ATTENDANTS—CWA, AFL–CIO;
                                                                   TEDDY ANDREWS, FLIGHT ATTENDANT, AMERICAN AIR-
                                                                   LINES, ON BEHALF OF THE ASSOCIATION OF PROFESSIONAL
                                                                   FLIGHT ATTENDANTS; CHRISTOPHER R. BIDWELL, SENIOR
                                                                   VICE PRESIDENT OF SECURITY, AIRPORTS COUNCIL INTER-
                                                                   NATIONAL–NORTH AMERICA; AND LAUREN BEYER, VICE
                                                                   PRESIDENT OF SECURITY AND FACILITATION, AIRLINES
                                                                   FOR AMERICA
                                                                    Ms. NELSON. Thank you, Chairman Larsen, Chairman DeFazio,
                                                                  Ranking Member Graves, and Ranking Member Graves, for this
                                                                  hearing on the surge in air rage incidents and the effect it has on
                                                                  workers, airports, and airlines.
                                                                    I am a 25-year union flight attendant and president of the Asso-
                                                                  ciation of Flight Attendants—CWA, AFL–CIO. We also coordinate
                                                                  closely with the leaders of APFA and TWU, together representing
                                                                  nearly 100,000 flight attendants. As part of the Communication
                                                                  Workers of America, we represent ground service workers and can
                                                                  also speak to the impact on workers at the gates. And, of course,
                                                                  we work closely with all of the aviation unions who make up the
                                                                  Transportation Trades Department of the AFL–CIO. This is a sub-
                                                                  ject that is of great importance to all aviation workers.
                                                                    Since January, the FAA has logged 4,284 unruly passenger re-
                                                                  ports. About three-quarters of those are mask-related. Of these
                                                                  numbers, 755 investigations have been initiated and 154 cases
                                                                  have concluded with enforcement of over $1 million in fines.
                                                                    If we continue at this rate, there may be more incidents in 2021
                                                                  than in the entire history of aviation, but for the first time we are
                                                                  hearing from the FAA that some of our efforts together has these
                                                                  numbers trending down.
                                                                    There is so much more to do, though, because these incidents are
                                                                  still too common, if even only from a small percentage of pas-
                                                                  sengers of those who are flying.




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                                                                    We cannot forget the devastating consequences of leaving com-
                                                                  mercial aircraft vulnerable to terrorist attack. We know there are
                                                                  two fundamentals in aviation safety and security. Number one, re-
                                                                  move all distractions from safety-sensitive work, and, number two,
                                                                  leave all threats to safety and security on the ground.
                                                                    If we allow disruptions in the cabin or distractions due to defi-
                                                                  ance of passengers to comply with crew instructions to become a
                                                                  regular occurrence, we are in jeopardy of missing cues of a coordi-
                                                                  nated attack.
                                                                    Flight attendants are the eyes throughout the aircraft for threats
                                                                  to safety of flight: depressurization, fires, medical emergencies, in-
                                                                  cluding potential medical emergencies in the flight deck. We cannot
                                                                  afford to lose any time when responding to emergencies or pre-
                                                                  paring for an emergency landing.
                                                                    Disturbances in the cabin are also a distraction in the flight deck
                                                                  and could compromise the safety of flight. In response to a survey
                                                                  of flight attendants across the industry, 85 percent of respondents
                                                                  had dealt with unruly passengers in the first half of this year, and
                                                                  58 percent of those had experienced at least five occurrences.
                                                                    This used to just be a one-off bad day at work in an entire ca-
                                                                  reer, so this is very commonplace.
                                                                    Disturbingly, one in five respondents experienced physical alter-
                                                                  cations, 61 percent of respondents reported that disruptive pas-
                                                                  sengers use racist, sexist, or homophobic slurs during the events.
                                                                  Only 60 percent of those who relayed incidents of physical attack
                                                                  said that law enforcement was requested to meet the flight.
                                                                    Of all the incidents in the air, 50 percent showed that signs of
                                                                  trouble were starting on the ground. This signals both that workers
                                                                  at the gate are experiencing abuse, and half of these incidents
                                                                  could be kept on the ground with better response and coordination.
                                                                    While 85 percent of the incidents are mask-related, flight attend-
                                                                  ants report there are many contributing factors, the next highest
                                                                  being alcohol.
                                                                    FAA Administrator Steve Dickson sent a letter to all airports
                                                                  calling for better communication on masks, the Federal regulations
                                                                  on alcohol, the discontinuation of to-go alcohol—and I think we
                                                                  have some pictures of this that can be shown—and coordination
                                                                  with law enforcement to make sure consequences are clear for bad
                                                                  actors.
                                                                    Stopping to-go alcohol should be low-hanging fruit here, but as
                                                                  I included in my written testimony and as you see on the screen
                                                                  with examples from JFK, Phoenix, and St. Louis, they are not the
                                                                  only airports to do this.
                                                                    Not only has this practice not stopped, it is encouraged and pro-
                                                                  moted, giving passengers the false idea that they can bring their
                                                                  own alcohol onboard and encouraging as much drinking as possible.
                                                                    Flight attendants and gate agents then experience extensive
                                                                  verbal abuse, yelling, and swearing in response to instructions;
                                                                  shoving, taking seats, biting, punching, throwing trash at workers,
                                                                  defiling restrooms after instructions are given, following flightcrew
                                                                  and agents throughout the airport, and continuing to yell and har-
                                                                  ass.




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                                                                     The danger in this hostile environment in response to flight at-
                                                                  tendants simply conducting routine safety reminders and compli-
                                                                  ance is hesitancy in performing these tasks.
                                                                     Aviation safety is at risk when crew are deterred from or delayed
                                                                  in performing our safety duties.
                                                                     Now what do we need? We need DOJ criminal charges and en-
                                                                  forcement; make the FAA zero-tolerance policy permanent; and
                                                                  staff up investigators and extend investigation time; coordinated
                                                                  communication, including PSAs running throughout the terminal
                                                                  on masks, alcohol, and generally following the rules from point of
                                                                  ticket sale all through check-in, security, gate, and the boarding
                                                                  process; require that all airport bars, restaurants, and shops post
                                                                  signage and use verbal warnings to patrons who fail to comply with
                                                                  masking requirements.
                                                                     Every airline and airport should have a communication plan that
                                                                  they submit to ensure we are all working together across Govern-
                                                                  ment stakeholders and law enforcement. Enforcement of masks in
                                                                  the terminals and stopping the ability for passengers to become
                                                                  inebriated, more staffing at the gates and on the planes.
                                                                     We simply cannot accept this as the new normal. We look for-
                                                                  ward to working with this subcommittee to effect positive change.
                                                                     I want to note that aviation is about bringing people together,
                                                                  not tearing us apart. Every person matters, and we can only have
                                                                  the freedom of flight when we recognize the reality that we are all
                                                                  in this together.
                                                                     Thank you very much. I look forward to your questions.
                                                                     [Ms. Nelson’s prepared statement follows:]
                                                                                                              f

                                                                  Prepared Statement of Sara Nelson, International President, Association of
                                                                                    Flight Attendants—CWA, AFL–CIO

                                                                                                             INTRODUCTION
                                                                    Thank you Chairman DeFazio, Chairman Larsen, Ranking Member Graves and
                                                                  Ranking Member Graves for convening this hearing on the alarming increase in dis-
                                                                  ruptive and unruly airline travelers, and the effects this has on workers, airports,
                                                                  and airlines.
                                                                    My name is Sara Nelson. I am a twenty-five year union flight attendant and
                                                                  president of the Association of Flight Attendants—CWA, AFL–CIO (AFA), rep-
                                                                  resenting flight attendants at 17 airlines across the industry. We also coordinate
                                                                  closely with leaders of the Association of Professional Flight Attendants and the
                                                                  Transport Workers Union, together representing nearly 100,000 Flight Attendants
                                                                  across the industry. Flight attendants are the frontline of aviation along with the
                                                                  passenger service agents and ground service workers represented by the Commu-
                                                                  nications Workers of America and all of the affiliates of the Transportation Trades
                                                                  Department, AFL–CIO. The subject of this hearing is of critical importance to all
                                                                  aviation workers.
                                                                    I know there is not one person on this aviation subcommittee that thinks the com-
                                                                  bative, abusive, defiant, and violent behavior on our planes and in our airports is
                                                                  acceptable. Many of you have reached out to ask how you can help. We believe it’s
                                                                  critical to fully define the problem, review effectiveness of actions taken to date, pro-
                                                                  vide recommendations for additional actions needed, and act with coordinated ur-
                                                                  gency across aviation to subdue this threat to aviation safety and security.

                                                                       AIR RAGE AND DISRUPTIVE PASSENGERS THREATEN LIVES AND SAFETY OF FLIGHT
                                                                       Since January the Federal Aviation Administration has logged 1:

                                                                       1 https://www.faa.gov/datalresearch/passengerslcargo/unrulylpassengers/




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                                                                     • 4,284 unruly passengers reports
                                                                     • 3,123 mask related incidents
                                                                     • 755 investigations initiated
                                                                     • 154 enforcement cases
                                                                     These numbers are staggering and if they continue at this rate may result in
                                                                  more incidents in 2021 than the entire history of commercial aviation. The enormity
                                                                  of the problem is reflected in these statistics, and demonstrates why the FAA, under
                                                                  the leadership of Steve Dickson, has engaged with urgency to tackle the problem.
                                                                  But the numbers don’t tell the full story about the impact on frontline workers or
                                                                  just how dangerous this behavior is for aviation safety.
                                                                     Flight attendants are aviation’s first responders, charged with the safety and
                                                                  health of passengers and crew. Twenty years since the events of September 11,
                                                                  2001, we cannot forget the devastating consequences of leaving commercial aircraft
                                                                  vulnerable to terrorist attack. For the past twenty years flight attendants have also
                                                                  served as the last line of defense in aviation security. We know there are two fun-
                                                                  damentals in aviation safety and security: 1) remove all distractions from safety
                                                                  sensitive work, and 2) leave all threats to safety and security on the ground.
                                                                     The disruptions in the cabin and failure to comply with crew instruction are a
                                                                  threat to the safety of flight. The threat of terrorist attack has not abated, but our
                                                                  vigilance and coordinated actions across government and aviation stakeholders has
                                                                  to date thwarted any planned attacks. If we allow disruptions in the cabin or dis-
                                                                  tractions due to defiance of passengers to comply with crew instructions to become
                                                                  a regular occurrence, we are in jeopardy of missing cues of a coordinated attack. We
                                                                  simply cannot allow this behavior to become commonplace for this reason alone.
                                                                  Every level of threat requires vigilance and scrutiny. We cannot be lulled into a
                                                                  place of accepting these distractions as a new normal.
                                                                     Flight attendants are the eyes throughout the aircraft for threats to safety of
                                                                  flight: slow decompression, fires of all kinds, medical emergencies affecting crew. We
                                                                  attend to the health and safety of passengers facing an array of medical emer-
                                                                  gencies from pregnant mothers suddenly in labor, to heart attack, stroke, choking,
                                                                  allergic reaction, or drug overdose. When emergency landing or ditching prep is nec-
                                                                  essary there is no time to lose to prepare the cabin and save lives. The safety of
                                                                  every passenger and crewmember onboard is in jeopardy when our duties are inter-
                                                                  rupted or needless distractions arise.
                                                                     These events are also a distraction in the flight deck. We need to work to reduce
                                                                  and eliminate all distractions and disruptions in order to ensure the safety of flight.
                                                                  Survey Results Say 85% of Flight Attendants Have Experienced an Unruly Passenger
                                                                       Event in 2021
                                                                     On July 29, 2021 our union released 2 the results of a survey of nearly 5,000 flight
                                                                  attendants across 30 airlines between June 25, 2021 and July 14, 2021. Key find-
                                                                  ings included:
                                                                     • 85 percent of all respondents had dealt with unruly passengers in the first half
                                                                       of 2021.
                                                                     • 58 percent had experienced at least five incidents during that time.
                                                                     • 17 percent, or nearly 1 in 5 respondents, reported experiencing a physical inci-
                                                                       dent.
                                                                     • 71 percent of Flight Attendants who filed incident reports with airline manage-
                                                                       ment received no follow-up
                                                                     • 50 percent reported witnessing misconduct during boarding, and 13 percent re-
                                                                       ported behavior beginning in the gate area.
                                                                     • 58 percent of respondents reported alcohol contributed to disruptive events and
                                                                       85 percent of incidents were related to mask compliance.
                                                                     • 61 percent of respondents reported that disruptive passengers used racist, sexist
                                                                       and/or homophobic slurs during incidents. Many specific examples were pro-
                                                                       vided, most of which were too offensive to repeat.
                                                                     • Only 60 percent of respondents experiencing a physical incident onboard said
                                                                       law enforcement was requested to meet their flight.
                                                                     The survey results demonstrate a greater impact on workers than the FAA re-
                                                                  ported numbers provide. When asked what they believed to be the cause or esca-
                                                                  lating reasons for the unruly behavior, Flight Attendants cited that mask compli-
                                                                  ance, alcohol, routine safety reminders, flight delays and cancellations were all com-
                                                                  mon factors in unruly passenger interactions. Many cited multiple factors contrib-
                                                                  uted to incidents, which also implies a compounding effect and an opportunity to
                                                                  reduce incidents when better addressing any of the contributing factors.

                                                                       2 https://www.afacwa.org/unrulylpassengerslsurvey




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                                                                     Flight attendants reported facing extensive verbal abuse, including from visibly
                                                                  drunk passengers, passengers yelling and swearing in response to masking direc-
                                                                  tions, and often aggressively challenging flight crew working to ensure compliance
                                                                  with federal rules. Many respondents recounted aggressive incidents, including
                                                                  shoving, kicking seats, throwing trash at flight crew, defiling the restroom in re-
                                                                  sponse to crewmember instructions, and following flight crew through the airport
                                                                  to continue yelling and harassment.
                                                                     One Flight Attendant wrote, ‘‘We tell them [passengers] that it is a federal offense
                                                                  to not comply with crew member instructions, use foul and/or threatening language
                                                                  onboard, and then the plane is met by airline supervisors or airport law enforce-
                                                                  ment and the passenger gets a slap on the wrist and sent on their way. I’ve been
                                                                  yelled at, cursed at and threatened countless times in the last year and the most
                                                                  that has come out of it has been a temporary suspension of travel for the passenger.
                                                                  We need real consequences if flight attendants are ever going to feel safe at work
                                                                  again.’’
                                                                     Another Flight Attendant wrote, ‘‘I was on the floor in the back of the plane and
                                                                  the [rest of] crew members didn’t know what happened until after my attacker had
                                                                  already deplaned.’’
                                                                     Racist, sexist, and homophobic abuse of flight crews creates a hostile environment
                                                                  for everyone onboard and violates federal law. It has no place anywhere, and cer-
                                                                  tainly not in a workplace environment. Our union has fought discrimination and
                                                                  prejudice for decades, and we are not about to allow this moment to set us back.
                                                                     The danger in this hostile environment in response to flight attendants simply
                                                                  conducting routine safety reminders and compliance is hesitancy in performing
                                                                  these tasks. It is a federal aviation safety requirement that aircraft are staffed with
                                                                  a minimum number of flight attendants. Aviation safety is at risk when crew are
                                                                  deterred from or delayed in performing safety duties.
                                                                  Significant Opportunities for Reducing Events
                                                                     According to the survey results, nearly half of the incidents could be prevented
                                                                  by identifying problems on the ground or preflight—which is an opportunity for dra-
                                                                  matically reducing the threat in the air. The survey also indicates room for signifi-
                                                                  cant improvement in the area of response to incidents and enforcement.
                                                                  Addressing Violence and Disrespect Toward Ground Service Workers Will Reduce
                                                                       Inflight Events as Well
                                                                     Ground service agents are experiencing an increased amount of passenger rage
                                                                  and their experiences are going unrecognized. These incidents vary from using crass
                                                                  and vulgar language when addressing employees, using racial epithets that cause
                                                                  psychological harm to our agents, to punching, biting, kicking, shoving and even
                                                                  spitting on them. These incidents are caused by overlapping operational challenges
                                                                  like staffing shortages, flight delays and cancellations and enforcing federal mask
                                                                  mandates at the gates. CWA represents 20,000 agents working for American Air-
                                                                  lines and at wholly-owned regional subsidiaries Piedmont Airlines and Envoy Air
                                                                  who have serious concerns about their safety in the workplace and are looking to
                                                                  this administration for action that shows the safety of ground service workers is a
                                                                  priority.2
                                                                     Our ground service members have seen that incidents of assault against pas-
                                                                  senger service agents are rarely investigated or prosecuted. This is despite a 2017
                                                                  ruling from the Department of Justice which confirmed that any interference with
                                                                  airport or air carrier employees with security duties is punishable by criminal pen-
                                                                  alties and jail time—a provision that applies to passenger service workers per-
                                                                  forming a range of vital security functions and are therefore covered under this deci-
                                                                  sion.
                                                                     Over the past few months, CWA ground service members across the country have
                                                                  experienced serious incidents of physical and verbal assault and harassment, with
                                                                  few repercussions for the offending passenger imposed by law enforcement.
                                                                     • On June 28, 2021 at the Charlotte Douglas Airport, a passenger attempted to
                                                                       board a flight in a state of extreme intoxication. CWA gate agents, fulfilling
                                                                       their duties to secure the aircraft and protect the other passengers, denied the
                                                                       passenger access to his flight. He became extremely violent—physically assault-
                                                                       ing one of our members and verbally attacking another two. There is no doubt
                                                                       about what happened. Video of the assault, taken by a member of the public,
                                                                       was obtained by local news and is publicly available.3 Despite conclusive evi-
                                                                       dence, local law enforcement did not pursue assault charges against the pas-
                                                                       senger in Charlotte and the FAA and federal law enforcement have likewise re-
                                                                       fused to pursue this matter seriously because of overlapping jurisdiction at the
                                                                       airport.




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                                                                    • On July 30th at John F. Kennedy Airport, two CWA members were assaulted
                                                                       after intervening in a dispute between two passengers. The agent involved was
                                                                       repeatedly punched in the face and verbally threatened for refusing to allow the
                                                                       passenger on the airplane. No charges have been pursued at this time.
                                                                    • On June 30, 2021, a passenger attempting to board a flight from JFK to MIA
                                                                       was stopped at the gate after an altercation with another passenger. Despite
                                                                       warnings that any disruption onboard the aircraft would not be tolerated, the
                                                                       passenger became aggressive with agents—pushing, shoving and punching the
                                                                       agent in the face several times. The agent was transported to a hospital after
                                                                       experiencing headaches and pain in the jaw, left arm, knee and lower back.
                                                                    By failing to follow the law and seek justice for the victims of assaults like these,
                                                                  a message is being clearly communicated that the safety of airport workers is not
                                                                  a priority. Ground service members are the last line of security before these agents
                                                                  have the opportunity to board the aircraft and disrupt service. These incidents have
                                                                  outraged CWA agents across the country and highlight the need for local and fed-
                                                                  eral law enforcement to prioritize airport workers safety and security.

                                                                  ACTION BY GOVERNMENT AND AIRLINES HAS MADE A DIFFERENCE—BUT MUCH MORE
                                                                                                   TO DO

                                                                     It is a violation of federal law to interfere or disrupt the duties of a crewmember.
                                                                  Federal Aviation Regulations 91.11, 121.580 and 135.120 state that ‘‘no person may
                                                                  assault, threaten, intimidate, or interfere with a crewmember in the performance
                                                                  of the crewmember’s duties aboard an aircraft being operated.’’ Violations of this
                                                                  law carry up to $35,000 in fines for each incident, and up to twenty years in prison
                                                                  if convicted. While the FAA has levied more than one million dollars in fines, the
                                                                  Department of Justice has been slow to conduct criminal investigations or seek in-
                                                                  dictments.
                                                                     We have a shared responsibility to address threats to aviation safety. Everyone
                                                                  involved in air travel, from federal officials to airlines, to airport concessions must
                                                                  play a role in ending this scourge of abusive passengers. Together we can improve
                                                                  communication to passengers that misconduct is dangerous, illegal, and will result
                                                                  in passengers losing the privilege to fly.
                                                                     We commend FAA Administrator Dickson for initiating a ‘zero-tolerance’ policy for
                                                                  violation of this FAR and passenger misconduct, first on January 13, 2021, at the
                                                                  first sight of this new threat and further extending the policy in March. In addition,
                                                                  we appreciate the FAA’s public campaign to communicate consequences of viola-
                                                                  tions, and the efforts to bring the entire aviation ecosystem together to address
                                                                  these problems. Dickson’s letter to airports 3 is a good example of these efforts, and
                                                                  we appreciate the consistent dialog and problem-solving with FAA, DOT, and TSA.
                                                                  Consistent communication from leaders makes a huge difference and it has been ex-
                                                                  tremely helpful to have federal officials, including the President of the United
                                                                  States, clearly communicating the rules and the consequences for breaking them.
                                                                  Plain instructions from leaders such as President Biden’s call to ‘‘show some re-
                                                                  spect’’ helps set a clear tone of order civil discourse in our shared space.
                                                                     Still, there’s more to be done to improve communications. We need everyone from
                                                                  the door of the airport to the flight deck, control towers, concessionaires, airport
                                                                  workers, security, law enforcement, and travelers themselves to identify their part
                                                                  in helping promote calm, kindness, and above all—safety. More airport signage, air-
                                                                  port PSAs, and notifications from the airline—starting when passengers purchase
                                                                  the tickets all the way up until boarding—should all be enhanced communication
                                                                  measures to reinforce the ‘zero-tolerance’ policy, the fines/jail time consequences,
                                                                  and the rules associated with alcohol consumption.
                                                                     Airlines have individually taken action to ban bad actors from future flights. For
                                                                  example, United Airlines has banned over 1000 travelers due to issues related to
                                                                  mask mandates and unruly behavior. The airline has instructed flight attendants
                                                                  to hand out cards to maskless passengers that inform them, ‘‘you’re just going to
                                                                  be banned from flying United Airlines if you don’t put [a mask] on.’’ We believe this
                                                                  has been an effective way to avoid putting United flight attendants in danger or into
                                                                  the role of a law enforcement official and has helped deescalate a number of inci-
                                                                  dents involving unruly passengers.

                                                                    3 https://www.faa.gov/datalresearch/passengerslcargo/unrulylpassengers/toolkit/media/Let-

                                                                  terltolairportslFINALlsigned.pdf




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                                                                  PROBLEMS CONTRIBUTING TO UNRULY PASSENGER BEHAVIOR AND RECOMMENDATIONS
                                                                                                 TO STOP IT

                                                                     With passenger incidents on the rise, many Flight Attendants have expressed con-
                                                                  cerns about coming to work. When we think of the incidents we’ve seen, we think
                                                                  of large network airlines with sufficient crews to deal with a variety of issues but
                                                                  regional airlines are reporting a couple of aggressive passenger incidents per week
                                                                  and often there is a single flight attendant to face unhinged rages.
                                                                     Overall, staffing minimums in the airports, at the gates, and on our planes make
                                                                  it harder to identify problems early, seek help, and deescalate conflict.
                                                                  Failure to Communicate to Passengers about Rules and Penalties
                                                                     After 9/11, TSA developed the ‘‘See Something, Say Something’’ campaign. This
                                                                  was clear, intentional messaging. Everyone understood. Each of us, every one of us,
                                                                  had a role to play in security. Each of us, every one of us, needed to be part of the
                                                                  solution.
                                                                     We need similar clear, strong, and consistent messaging today about COVID pro-
                                                                  tocols, masking, the importance of following crewmember instructions, and the pen-
                                                                  alties if you don’t.
                                                                     If the first time a passenger hears about the mask mandate when they are board-
                                                                  ing their flight, we are asking for trouble, and we are putting our flight crew at
                                                                  risk.
                                                                     We need all of aviation to help enforce and reinforce the rules. This should include
                                                                  electronic messaging during and after booking, signage on airport access roads and
                                                                  transit, communications and acknowledgments embedded in the check-in process,
                                                                  clear and consistent signage, video and audio throughout parking areas and termi-
                                                                  nals, and with the active assistance of all personnel, including sky caps, airport
                                                                  greeters, the ticket counter, TSA, airport vendors, and restaurant workers, gate
                                                                  agents and flight crews.
                                                                           Recommendations:
                                                                     1. Develop and enforce stronger airport messaging that wearing a mask and fol-
                                                                         lowing crewmember instructions are both required, and that failure to do so
                                                                         will result in penalties. Also, empower/promote the message that all parties—
                                                                         TSA, law enforcement, airport security, PSAs, pilots, and Flight Attendants—
                                                                         need to join the team to abbreviate the pandemic and keep air travel safe.
                                                                     2. FAA should require a COVID-protocols and zero-tolerance policy communica-
                                                                         tions plan from every carrier and airport to ensure that all parties are brought
                                                                         into the process and that appropriate resources are being deployed to support
                                                                         compliance.
                                                                     3. Make the FAA ‘zero-tolerance’ policy permanent.
                                                                     4. The DOJ should utilize existing statutes to conduct criminal prosecution.
                                                                     5. Implement a series of actions proposed by our union to keep problems on the
                                                                         ground and respond effectively in the event of incidents.
                                                                  Refusal to Comply with Mask Mandate
                                                                     On September 14, 2021 the TSA extended the mask mandate (SD 1582/84–21–
                                                                  01B), which was first issued on January 27, 2021 requiring masks to be worn on
                                                                  all forms of public transportation. According to the FAA, as of January 1, 2021,
                                                                  about 75% of disruptive passenger incidents are directly related to the mask man-
                                                                  date 4.
                                                                     In his September 9, 2021, speech on new measures to address COVID–19, Presi-
                                                                  dent Biden called out the unprecedented verbal and physical assault of flight at-
                                                                  tendants, and implored people to act in a civil manner. During this speech the
                                                                  President also announced that fines for passenger disruption and noncompliance
                                                                  would be doubled. Our union thanks President Biden for his push to stop unruly
                                                                  passenger behavior and his message of respect for those of us on the frontlines doing
                                                                  our jobs to keep everyone safe.
                                                                     On August 3, 2021, FAA Administrator Steve Dickson sent a letter to Airport
                                                                  leaders reinforcing the FAA zero tolerance policy on disruptive behavior. He stated
                                                                  ‘‘Every week, we see situations in which law enforcement was asked to meet an air-
                                                                  craft at the gate following an unruly passenger incident. In some cases, flight at-
                                                                  tendants have reported being physically assaulted. Nevertheless, many of these pas-
                                                                  sengers were interviewed by local police and released without criminal charges of
                                                                  any kind. When this occurs, we miss a key opportunity to hold unruly passengers
                                                                  accountable for their unacceptable and dangerous behavior.’’

                                                                    4 https://www.cnbc.com/2021/07/06/disputes-over-mask-mandates-comprise-75percent-of-faas-
                                                                  unruly-passenger-complaints-on-planes-.html




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                                                                     Mask use continues to be an effective way to help stop the spread of COVID–19,
                                                                  and consistent enforcement and accountability are vital—especially as some trav-
                                                                  elers refuse to act responsibly. Since the Transportation Security Administration an-
                                                                  nounced in February that most passengers must wear masks on airplanes and in
                                                                  airports, the agency has received more than 3,000 reports of mask-related inci-
                                                                  dents 5. As of last week, Alaska Airlines alone had placed 857 passengers on a ban
                                                                  list due to failure to comply with mask policy.
                                                                            Recommendations:
                                                                       1. Maintain the TSA enforcement directive for the CDC transportation mask
                                                                          mandate to keep passengers and aviation workers safe.
                                                                       2. Make permanent the FAA zero tolerance policy and increased fines for disrup-
                                                                          tive, unruly, and violent passengers.
                                                                       3. Minimize onboard food and beverage service until the CDC declares that the
                                                                          pandemic is over in order to facilitate more consistent mask wearing.
                                                                       4. Require that all airport bars, restaurants, and shops post signage and issue
                                                                          verbal warnings to patrons who fail to comply with masking requirements.
                                                                  Drunk Passengers and Alcohol Consumption Allowed outside of Concessions
                                                                    To facilitate mask-wearing and enhance COVID safety protocols, a few carriers
                                                                  have limited in-flight food and beverage service, and either curtailed or ceased alco-
                                                                  hol sales at this time. Flight Attendants across the country have praised these
                                                                  measures for assisting with compliance for the vast majority of passengers.
                                                                    However, as our member survey made clear, alcohol continues to be a major driv-
                                                                  er of passenger noncompliance with safety rules and is an aggravating factor in
                                                                  many incidents with unruly, verbally and physically abusive travelers.
                                                                    Many of the most disruptive and threatening passengers have attempted to by-
                                                                  pass restrictions on in-flight service by drinking to excess prior to flight or by bring-
                                                                  ing alcohol onboard for consumption, in violation of FAA rules, which state that ‘‘no
                                                                  person may drink any alcoholic beverage aboard an aircraft unless the certificate
                                                                  holder operating the aircraft has served that beverage to him.’’ The purpose of this
                                                                  long-established safety rule is to empower airline personnel to guard against the
                                                                  safety risks from intoxicated passengers, including the risk that drunk travelers will
                                                                  fail to follow instructions.
                                                                    In this fraught moment, we have emphasized the need for clear, strong, and con-
                                                                  sistent messaging. Today, we must convey to the Committee our profound dismay
                                                                  that some airport vendors are actively undermining efforts to enhance compliance
                                                                  by encouraging passengers to violate alcohol consumption rules.
                                                                    In airports across the country, from Phoenix to St. Louis to New York, travelers
                                                                  are met with calls to order alcohol delivery to your gate and ‘‘cocktails to go.’’ One
                                                                  ad at JFK, urges passengers to drive one cocktail at the bar and order up another
                                                                  to bring to the gate.




                                                                       5 https://www.faa.gov/datalresearch/passengerslcargo/unrulylpassengers/




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                                                                    These messages, and the policies behind them, are totally inconsistent with fed-
                                                                  eral safety regulations and send a message that getting drunk before flying is per-
                                                                  missible. After months of verbal and physical abuse from intoxicated passengers and
                                                                  unprecedented federal enforcement, it is time to end gateside alcohol delivery and
                                                                  airport cocktails to go. We need the FAA and Congress to send a clear message to
                                                                  airports, and to their concessions and vendors—you have a key role to play in sup-
                                                                  porting aviation safety and combating air rage, not profit from it.
                                                                           Recommendations:
                                                                       1. Limit onboard alcohol sales.
                                                                       2. Ban cocktails to-go and in-airport alcohol delivery.
                                                                       3. Limit customers to purchasing one alcoholic beverage at a time.
                                                                       4. The FAA must remind airports and vendors of their obligation not to serve ine-
                                                                          briated passengers.
                                                                       5. Airports must remind all airport employees of their shared responsibility to
                                                                          keep intoxicated passengers from boarding planes by notifying gate agents and
                                                                          crew members in advance.
                                                                  Inconsistent and Insufficient Response to Aggressive Passenger Incidents
                                                                    The response to aggressive passenger incidents upon landing is inconsistent and
                                                                  generally insufficient at multiple levels. The communication chain from the cabin,
                                                                  to flight deck, ground coordinators, and law enforcement must be unbroken if we
                                                                  are to have the chance to respond effectively and enforce compliance. If an aircraft
                                                                  returns to the gate after pushback due to a disruptive passenger incident, a report
                                                                  to the FAA is automatically generated. But it is not clear how incidents that do not
                                                                  involve a deviation from the flight plan get reported or investigated. Law enforce-
                                                                  ment response is not consistent at some airports, law enforcement will board and
                                                                  escort the offender off prior to everyone else deplaning. But often, either the of-
                                                                  fender will deplane and walk away because the passenger service agents (PSA) are
                                                                  not sure what occurred and there is no law enforcement presence. Investigations can
                                                                  take weeks or months to investigate because of a tremendous case backlog and staff-
                                                                  ing shortages, meanwhile an unruly passenger will continue to fly and abuse crew
                                                                  members, gate agents, and other aviation staff. I am concerned that it sends the




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                                                                  message to offenders and would-be offenders that enforcing the rules is not a pri-
                                                                  ority.
                                                                    An issue that needs particular attention now is how an aggressive passenger can
                                                                  be banned from one airline but then promptly fly on another one, putting more
                                                                  crews, passengers, and gate agents at risk and sending a message of lax (if any)
                                                                  oversight. This is not acceptable. A central database that all the airlines can access
                                                                  to share information about passengers who are banned from flying makes practical
                                                                  sense.
                                                                         Recommendations:
                                                                    1. Clarify what triggers pilot reporting and law enforcement response, define and
                                                                        require that pilot reporting and ground response protocols are implemented,
                                                                        take action against passengers who break the rules including consistent appli-
                                                                        cations of fines (and some immediate consequence, not just the remote threat
                                                                        of a distant and unlikely consequence), criminally prosecute certain offenders
                                                                        under the DOJ, and direct the fines into a legal/medical fund for affected crew-
                                                                        members and PSAs.
                                                                    2. Create a centralized list of passengers who may not fly for some period of time
                                                                        and provide airlines with access to the list. Add to the contract of carriage that
                                                                        airlines have the right to share passengers’ information with the DOT.
                                                                  Insufficient Flight Attendant and Gate Agent Staffing
                                                                    The demands of managing the current spike in aggressive passenger incidents is
                                                                  straining Flight Attendant and Passenger Service Agents (PSA) staffing.
                                                                         Recommendations:
                                                                    1. Increase staffing to ensure a sufficient number of Flight Attendants and PSAs
                                                                        to observe and respond to the issues.
                                                                                                             CONCLUSION
                                                                     This is not a ‘new normal’ we can accept. We know the government, airlines, air-
                                                                  ports, and all stakeholders can take actions together to keep us safe and flying
                                                                  friendly. We look forward to working with this subcommittee on our union’s pro-
                                                                  posed actions and recommendations to affect positive change. Aviation is about
                                                                  bringing people together, not tearing us apart. Every person matters, and we can
                                                                  only have the freedom of flight when we recognize the reality that we are all in this
                                                                  together.

                                                                     Mr. LARSEN. Thank you, Ms. Nelson.
                                                                     I now turn to Mr. Teddy Andrews. You are recognized for 5 min-
                                                                  utes.
                                                                     Mr. ANDREWS. Good morning, Chairman DeFazio, Chairman Lar-
                                                                  sen, Ranking Member Sam Graves, Ranking Member Garret
                                                                  Graves, and members of the committee. Thank you for the oppor-
                                                                  tunity to testify today.
                                                                     My name is Teddy Andrews. I am an American Airlines flight at-
                                                                  tendant of 10 years. My career in the airline aviation industry
                                                                  began in 1981, where I served in many positions, including gate
                                                                  agent, flight attendant trainer, and customer service instructor.
                                                                     I am honored to be representing APFA and my 25,000 colleagues
                                                                  to discuss the most significant challenge and daily danger facing
                                                                  flight attendants right now.
                                                                     Air rage has, unfortunately, become all too common. I have lost
                                                                  count of the times I have been insulted or threatened on a flight
                                                                  simply for doing my job.
                                                                     The specific incident that I will share today is not easy to talk
                                                                  about. On this flight, my crew had just completed our service. My
                                                                  colleague, on the verge of tears, came to the galley after a pas-
                                                                  senger who refused to wear a mask had been giving her a hard
                                                                  time.
                                                                     I left the galley to speak with the passenger. Politely I asked,
                                                                  ‘‘Sir, would you please put your mask on? It must be covering both




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                                                                  your mouth and nose.’’ He looked at me, and I will not repeat the
                                                                  epithet he used. He said, ‘‘N-word, I don’t have to listen to a damn
                                                                  thing you say. This is a free country.’’
                                                                      I was completely taken aback. I didn’t know what to say, but he
                                                                  continued. ‘‘You heard me, n-word boy.’’
                                                                      While I am trained for this, I know I don’t deserve to be spoken
                                                                  to like this under any circumstance. But I replied, ‘‘Sir, regardless
                                                                  of your thoughts, comments, or opinions, there is a mask require-
                                                                  ment onboard our aircraft, and failure to comply could restrict your
                                                                  ability to fly with us in the future. We wouldn’t want that to hap-
                                                                  pen to you, sir.’’
                                                                      He cited his freedoms and he called me the mask police. I said,
                                                                  ‘‘If you don’t do it for yourself, please do it for your family, who I
                                                                  am sure loves you very much and would be devastated if something
                                                                  were to happen to you. Please do it for your fellow passengers as
                                                                  well.’’
                                                                      He eventually calmed down and complied.
                                                                      I, myself, have a personal experience with this virus. I under-
                                                                  stand the importance of a mask mandate. In March of 2020, I con-
                                                                  tracted COVID–19 and nearly died. The ER called my daughter on
                                                                  her 24th birthday to say that it would be a miracle if I made it to
                                                                  the morning.
                                                                      After 10 days in the ICU, I stabilized, but I was not able to work
                                                                  again until September of 2020. I could barely walk across the room
                                                                  without oxygen.
                                                                      The work environment I returned to had changed. And that inci-
                                                                  dent I shared is not unique to me or my colleagues. Air rage comes
                                                                  in many forms—insults, threats, physical assaults, general dis-
                                                                  respect—simply for adhering to our responsibilities.
                                                                      I too wear my mask for hours on end. I know what is at stake
                                                                  if we don’t utilize all safety precautions to beat this pandemic.
                                                                      Last year, we came to work when everyone else was told to stay
                                                                  home. When demand for air travel dropped off steeply, we worried
                                                                  about our job security. And I would like to thank this committee
                                                                  for passing the Payroll Support Program, which saved our jobs, our
                                                                  healthcare, and the industry. I cringe to think what would have
                                                                  happened to me in the ICU without health insurance.
                                                                      Now, flight attendants are in a third phase of crisis, worried
                                                                  about our safety just by coming to work and fulfilling our duties.
                                                                  Today we find ourselves in an environment where we may need the
                                                                  voluntary self-defense skills offered by TSA.
                                                                      The question, however, is how to prevent these situations from
                                                                  escalating to that point. Medical emergencies, onboard fires, secu-
                                                                  rity threats, and emergency evacuations are situations that we are
                                                                  prepared for every day, every flight. But now our most immediate
                                                                  danger is air rage. These days I come to work anticipating disrup-
                                                                  tive behavior. It feels like flight attendants have become the target
                                                                  for all kinds of frustration.
                                                                      But every day, flight attendants are disrespected for the job we
                                                                  are trained to do. My colleagues are anxious and fearful. What is
                                                                  going to happen on the next flight? How will this passenger react
                                                                  if I remind them to wear their mask? Will complying with airline
                                                                  policy set them off? Can I avoid engaging, or would that be an eva-
                                                                  sion of my duties?




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                                                                    Many of you travel, on this committee, you travel every week and
                                                                  understand the challenges of air travel today. We cannot combat
                                                                  air rage without coordination at the Federal level.
                                                                    Our passengers need clear expectations and strong consequences
                                                                  for their behavior. One more air rage event, one more flight attend-
                                                                  ant who is threatened or assaulted is one too many.
                                                                    Thank you for your work to help keep my colleagues and I safe.
                                                                  My testimony is complete, and I look forward to your questions.
                                                                    [Mr. Andrews’ prepared statement follows:]
                                                                                                             f
                                                                        Prepared Statement of Teddy Andrews, Flight Attendant, American
                                                                       Airlines, on behalf of the Association of Professional Flight Attendants
                                                                     Good morning, Chairman DeFazio, Chairman Larsen, Ranking Member Graves,
                                                                  Ranking Member Graves, and members of the Committee. Thank you for the oppor-
                                                                  tunity to testify today. My name is Teddy Andrews. I am a Charlotte-based Flight
                                                                  Attendant and have been flying with American Airlines for ten years. My career
                                                                  within the airline industry began in 1981, and since then, I have held numerous
                                                                  positions, including gate agent, Flight Attendant trainer, and customer service in-
                                                                  structor.
                                                                     I am honored to be representing my Union, the Association of Professional Flight
                                                                  Attendants, and my 25,000 colleagues to discuss the most significant challenge and
                                                                  daily danger facing Flight Attendants right now. Air rage has reached unprece-
                                                                  dented levels. Disrespect, threats, verbal abuse, and even physical assault directed
                                                                  at flight crew have sadly become all too common. I thank this Committee for their
                                                                  commitment to the safety of Flight Attendants and for holding this hearing to help
                                                                  prevent future incidents from occurring.
                                                                     At this point, I have lost count of the times I have been insulted or threatened
                                                                  on a flight simply for doing my job. The specific incident that I will share with you
                                                                  today is not easy for me to talk about. What should have been a routine domestic
                                                                  flight made me question my career choice. On this flight, my crew had just com-
                                                                  pleted our service and was collecting trash and performing the required compliance
                                                                  checks. My colleague, on the verge of tears, came to the back galley and told me
                                                                  that she was having trouble with a passenger who was not wearing a mask. The
                                                                  passenger was deliberately not complying with the mask policy and was giving her
                                                                  a hard time. I offered to help, as any fellow crewmember would.
                                                                     I left the galley to speak with the passenger, who still had his mask off but was
                                                                  not eating or drinking. As I approached him, I asked politely, ‘‘Sir, would you please
                                                                  put your mask back on? It needs to be covering both your mouth and nose.’’
                                                                     He looked at me, and here I will not repeat the vile epithet he used. He said,
                                                                  ‘‘N-----, I don’t have to listen to a damn thing you say, this is a free country.’’ I was
                                                                  completely taken aback. I didn’t know what to say. Then he continued, ‘‘You heard
                                                                  me, N----- boy.’’
                                                                     I paused for a moment. While I am trained for this, I know I don’t deserve to be
                                                                  spoken to like this under any circumstance. Finally, I replied, ‘‘Sir, regardless of
                                                                  your thoughts, comments, or opinions, there is a mask requirement onboard our air-
                                                                  craft, and failure to comply could restrict your ability to fly with us in the future.
                                                                  We would not want that to happen, so, sir, please do what we’re asking of you. Put
                                                                  your mask on and keep it on this flight.’’
                                                                     He went on and said, ‘‘You nor the Government can control me, and you are noth-
                                                                  ing but (damn) mask police. This entire virus thing is a big fake.’’ To this I an-
                                                                  swered, ‘‘If you can’t do it for yourself, would you please do it for your family, who
                                                                  I am sure loves you very much and would be devastated if something were to hap-
                                                                  pen to you. Please do it for your fellow passengers as well.’’
                                                                     The passenger eventually calmed down and put his mask on. I advised the cap-
                                                                  tain of the disturbance who asked whether law enforcement was needed to meet our
                                                                  aircraft, but we landed safely with no further issues.
                                                                     This pandemic has been amongst the most trying and tumultuous times to work
                                                                  in the airline industry. I also have a very personal experience with this virus. Early
                                                                  in the pandemic, in March of 2020, I nearly died.
                                                                     Upon returning from an assignment in Chile, I started experiencing aches, chills,
                                                                  night sweats, coughing, and vomiting. I was tested at Urgent Care and the next day
                                                                  the Department of Health and Human Services informed me I was positive for
                                                                  COVID–19. I was placed on a 14-day in-home quarantine and sent a letter that said




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                                                                  if I left my home for any reason, I was subject to a $2,000 fine and up to two years
                                                                  in jail.
                                                                     That week, my condition deteriorated. I was admitted to the ER with a fever of
                                                                  104.5 and an oxygen level of 88%. My daughter, on her 24th birthday, was called
                                                                  and told that it would be a miracle if I made it through the night. Intubation forms
                                                                  and DNR forms needed to be signed.
                                                                     But after ten days in the ICU, I stabilized. My recovery took months. I was not
                                                                  able to work from March until September. I could barely walk across the room with-
                                                                  out oxygen. Today, I’m still recovering from chronic headaches. But against the
                                                                  odds, I am here, and I can work at the job I love again.
                                                                     However, the environment I have come back to has changed entirely, and the inci-
                                                                  dent I shared is not unique to my colleagues or me. We have been insulted by pas-
                                                                  sengers in different ways and on many separate occasions, simply for adhering to
                                                                  our responsibilities.
                                                                     When I fly, I, too, must wear a mask for hours on end because it is part of my
                                                                  job. I fully understand that it is not always pleasant to wear. But I also know, on
                                                                  both personal and professional levels, what is at stake if we don’t utilize all avail-
                                                                  able safety precautions to beat this pandemic.
                                                                     This virus has taken a tremendous toll on the airline industry. Flight Attendants
                                                                  were deemed essential frontline workers. We came to work when everyone else was
                                                                  told to stay home. Then, when the demand for air travel dropped off steeply, we
                                                                  worried about our job security. We have Congress and the leadership of this Com-
                                                                  mittee to thank for passing the Payroll Support Program and saving our jobs, our
                                                                  healthcare, and our industry during this pandemic. I cringe to think what would
                                                                  have happened to me in the ICU had I lost my health insurance.
                                                                     But now, Flight Attendants are in a third phase of this crisis, worried and anx-
                                                                  ious about our safety simply by coming to work and fulfilling our job responsibil-
                                                                  ities. Flight Attendants have been offered voluntary self-defense training which was
                                                                  first introduced after the terrorist attacks of 9/11. Today, we find ourselves in an
                                                                  environment where we may need to employ these skills. The problem that must be
                                                                  solved is how we can prevent these situations from escalating to that point.
                                                                     This type of environment makes it difficult for Flight Attendants to perform our
                                                                  duties as safety professionals. Medical emergencies, onboard fires, security threats,
                                                                  and emergency evacuations are all situations in which we are prepared to encounter
                                                                  every time we come to work. But now our most immediate danger, and our biggest
                                                                  distraction, is the number of incidents we find ourselves having to deescalate. I be-
                                                                  lieve that passengers who so willfully cause disruptions, who show no regard for our
                                                                  policies and personnel, put all others in danger.
                                                                     These days I come to work expecting some form of disrespect or air rage. It feels
                                                                  like Flight Attendants have become the target for all kinds of frustrations that some
                                                                  people are feeling. Sometimes it happens when passengers disagree with airline or
                                                                  federal policies. At times passengers are emboldened by alcohol. But above all, ev-
                                                                  eryday Flight Attendants are not being respected for the job we are here and
                                                                  trained to do.
                                                                     My colleagues are anxious. What is going to happen on the next flight? How will
                                                                  this passenger react if I remind them to wear their mask? Will complying with air-
                                                                  line policies set them off? Can I avoid engaging, or would that be an evasion of my
                                                                  duties? This is now our constant fear.
                                                                     I know many of you on this Committee travel each week and personally under-
                                                                  stand the challenges of air travel today. We cannot combat this issue without solid
                                                                  coordination at thefederal level. We must ensure that passengers have clear expec-
                                                                  tations and consequences for their behavior in flight. One more air rage event—one
                                                                  more Flight Attendant who is singled out, threatened, or assaulted—is one too
                                                                  many.
                                                                     Protecting ourselves from unruly passengers has become the top issue for our
                                                                  Union this year. Successfully deterring this behavior will require full coordination
                                                                  between all aviation, airport, and government stakeholders. Everyone has a part to
                                                                  play. Here are some initiatives that our Union supports.
                                                                     1. Establishment of a federal ‘‘no-fly’’ list for disruptive passengers
                                                                     2. Full enforcement of civil penalties/fines, no settlements
                                                                     3. Federal criminal prosecution where it applies
                                                                     4. Public identification of passengers who have verbally/physically assaulted
                                                                         crewmembers
                                                                     5. Creation of a public campaign on behavior/consequences funded through as-
                                                                         sessed fines
                                                                     6. Confiscation of all alcohol through TSA
                                                                     7. Discontinuation of to-go alcohol and shots in airports
                                                                     8. Increased police and security presence in airports




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                                                                     9. Increased monitoring of passengers through the airport, TSA, and prior to
                                                                        boarding
                                                                     10. Consistent enforcement of the mask mandate throughout the airport and se-
                                                                         curity
                                                                     11. Inclusion of updated de-escalation and TSA self-defense training for Flight At-
                                                                         tendants at annual requalification training
                                                                     Thank you for the work you do to help keep my colleagues safe. My testimony
                                                                  is now complete.

                                                                     Mr. LARSEN. Thank you for your testimony.
                                                                     I now want to recognize Chris Bidwell—just a moment.
                                                                     I will recognize Mr. Christopher Bidwell from the Airports Coun-
                                                                  cil International–North America.
                                                                     Mr. Bidwell, you are recognized for 5 minutes.
                                                                     Mr. BIDWELL. Chairman Larsen, Chairman DeFazio, Ranking
                                                                  Member Graves, Ranking Member Graves, and members of the
                                                                  subcommittee, thank you for inviting me to participate in today’s
                                                                  hearing.
                                                                     I am Christopher Bidwell, senior vice president of security at
                                                                  Airports Council International–North America. I appreciate the op-
                                                                  portunity to discuss the work of the airport operators in responding
                                                                  to and helping to reduce the number of unruly passenger incidents.
                                                                     As the security of their passengers, employees, tenants, and fa-
                                                                  cilities is their top priority, airports implement a number of meas-
                                                                  ures. Airports coordinate these security measures with their part-
                                                                  ners at the TSA, FAA, FBI, other Federal, State, and local law en-
                                                                  forcement agencies, and the airlines.
                                                                     COVID has created a lot of stress for our members, our industry,
                                                                  and the traveling public. Due to that stress, many people are acting
                                                                  differently in various aspects of their lives, and air travel is no dif-
                                                                  ferent.
                                                                     While it is easy to blame the rise of unruly passenger incidents
                                                                  on one cause or another, there are a variety of factors that con-
                                                                  tribute to the incidents to which our airport members are asked to
                                                                  respond.
                                                                     We applaud the FAA for implementing a zero-tolerance policy.
                                                                  We also appreciate TSA for having doubled the civil penalty viola-
                                                                  tions for the Federal mask mandate.
                                                                     Much has been discussed in the press about the role of alcohol
                                                                  and the behavior of unruly passengers, but we have yet to see data
                                                                  on the number of incidents that involve alcohol.
                                                                     Bartenders in restaurants and bars at airports must be certified
                                                                  and trained by local alcohol licensing authorities. Airport conces-
                                                                  sionaires are subject to the same licensing, oversight, and inspec-
                                                                  tion requirements in order to maintain a license to serve alcohol as
                                                                  any other establishment in the local community.
                                                                     Airports work with their airline partners on initiatives to raise
                                                                  awareness about the FAA regulation prohibiting passengers from
                                                                  drinking their own alcohol onboard aircraft.
                                                                     With certain States and communities having lifted mask require-
                                                                  ments, many residents were surprised, frustrated, or even upset by
                                                                  TSA’s extension of the mask mandate at airports, and calls for air-
                                                                  port law enforcement support increased significantly. This remains
                                                                  an added burden on airport law enforcement that is in addition to
                                                                  their existing responsibilities.




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                                                                     Airport law enforcement faces a number of challenges when
                                                                  called by airlines to respond to unruly passenger incidents. Where-
                                                                  as interference with crewmembers is a Federal offense under title
                                                                  49 of the United States Code, section 46504, airport law enforce-
                                                                  ment can only enforce State and local law.
                                                                     Depending on the nature of the incident, airport law enforcement
                                                                  officers may only be able to conduct a cursory investigation and
                                                                  turn the case over to Federal authorities.
                                                                     Let me be clear. Airport law enforcement attempts to hold unruly
                                                                  passengers accountable for their dangerous behavior while oper-
                                                                  ating in accordance with State and local law.
                                                                     In some instances, airline crewmembers are reluctant to stay
                                                                  around to press charges, even when they have been assaulted. Un-
                                                                  less crewmembers press charges, airport law enforcement officers
                                                                  may not be able to legally detain the unruly passenger.
                                                                     We are committed to being part of the solution and encourage
                                                                  the implementation of the following recommendations.
                                                                     First, airline gate agents, as the first line of defense, should be
                                                                  extra vigilant for signs and deny boarding to those individuals they
                                                                  suspect are intoxicated.
                                                                     Second, when an incident occurs, airline crewmembers should
                                                                  make statements to airport law enforcement and press charges to
                                                                  enable criminal prosecution.
                                                                     Third, airport law enforcement should be provided the flexibility
                                                                  to prioritize the response to unruly passenger incidents.
                                                                     Fourth, FAA and TSA should share more detailed and timely
                                                                  data on incidents with airport operators to ensure better situa-
                                                                  tional awareness.
                                                                     Fifth, the U.S. Government should prioritize the prosecution of
                                                                  individuals who interfere with crewmembers and broadly publicize
                                                                  successful criminal prosecutions and civil penalty actions.
                                                                     ACI–NA and our member airports are committed to working
                                                                  with Congress, FAA, TSA, FBI, and other law enforcement agen-
                                                                  cies and aviation stakeholders to identify good practices to reduce
                                                                  the number of unruly passenger incidents. We look forward to co-
                                                                  ordinating with our industry and Government partners to imple-
                                                                  ment our recommendations to address this important issue.
                                                                     Thank you for the opportunity to testify today. I look forward to
                                                                  your questions.
                                                                     [Mr. Bidwell’s prepared statement follows:]
                                                                                                             f

                                                                       Prepared Statement of Christopher R. Bidwell, Senior Vice President of
                                                                              Security, Airports Council International–North America
                                                                    Chairman Larsen, Ranking Member Graves, and Members of the Subcommittee,
                                                                  thank you for inviting me to participate in today’s hearing. I am Christopher
                                                                  Bidwell, Senior Vice President of Security at Airports Council International–North
                                                                  America (ACI–NA), the trade association representing the local, regional, and state
                                                                  governing bodies that own and operate airports in the United States and Canada.
                                                                  I appreciate the opportunity to discuss the work of airport operators in responding
                                                                  and helping to reduce the number of unruly passenger incidents.
                                                                    Mr. Chairman, each day, airports, operating in today’s dynamic threat environ-
                                                                  ment, implement a variety of measures to provide for the security of their pas-
                                                                  sengers, employees, tenants and facilities. To this end, airports coordinate closely
                                                                  with the Federal Aviation Administration (FAA), Transportation Security Adminis-
                                                                  tration (TSA), U.S. Customs and Border Protection (CBP), the Federal Bureau of In-




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                                                                  vestigation (FBI), other federal, state and local law enforcement agencies, and their
                                                                  airline partners to maintain a comprehensive, multi-layered, risk-based aviation se-
                                                                  curity system. In our testimony, we have included several recommendations to ad-
                                                                  dress and mitigate unruly passenger incidents.
                                                                     COVID has created a lot of stress for our members, our industry and the flying
                                                                  public. Due to that stress, many people are acting differently in various aspects of
                                                                  their lives, and air travel is no different. While it is easy to blame the rise of unruly
                                                                  passengers incidents on one cause or another, there are a variety of factors that con-
                                                                  tribute to the incidents to which our airport members are asked to respond.
                                                                     As with any issue in the aviation business, we arrive at the best outcomes when
                                                                  industry and government work together as a community to identify potential gaps
                                                                  and improve communication, processes and procedures.
                                                                     We applaud the FAA for implementing a zero tolerance policy to raise awareness
                                                                  about the issue of unruly passengers and for taking action against those individuals
                                                                  whose behavior is causing problems in the aviation system. We also appreciate the
                                                                  TSA for doubling the amount of civil penalties that may be imposed on individuals
                                                                  who violate the federal mask mandate.
                                                                     At ACI–NA, we have been proactively working on a number of fronts to address
                                                                  the challenges:
                                                                     • At our request, the FAA briefed our Marketing, Communications and Customer
                                                                       Experience Committee on the issue of unruly passengers, so airports can am-
                                                                       plify FAA’s message and share information about how they are assisting their
                                                                       airline partners.
                                                                     • Our Public Safety & Security Committee identified and shared good practices,
                                                                       processes, and procedures airport management, airport law enforcement, TSA
                                                                       and the airlines have implemented to address unruly passenger behavior.
                                                                     • ACI–NA has held and continues to participate in joint meetings with member
                                                                       airports, Airlines for America, the Airport Law Enforcement Agencies Network
                                                                       (ALEAN) and concessionaires to share information and identify strategies to
                                                                       mitigate the causes that give rise or contribute to unruly passenger incidents.
                                                                     Much has been discussed in the press about the role of alcohol in the behavior
                                                                  of unruly passengers, but we have yet to see any data on the number of incidents
                                                                  that involve alcohol. Bartenders who work in airport restaurants and bars must be
                                                                  certified and trained by local alcohol licensing authorities. Commensurate with the
                                                                  oversight of local restaurants and bars with liquor licenses, airport concessionaires
                                                                  are subject to the same licensing, oversight, and inspection requirements in order
                                                                  to maintain a license to serve alcohol. In general, airports have no authority over
                                                                  alcohol licensing, but continue to work with their airline partners on initiatives to
                                                                  raise awareness with travelers about the FAA regulation prohibiting passengers
                                                                  from drinking alcohol on board the aircraft unless it is served by the air carrier.
                                                                  Some airports have deployed signage to assist airlines that are reluctant to make
                                                                  announcements during the boarding process. Other airports worked with local air-
                                                                  lines to design and institute the use of marked cups to assist airline gate agents
                                                                  in identifying those that contain alcohol.
                                                                     In accordance with TSA security regulations, airport operators provide law en-
                                                                  forcement officers, with arrest authority, in the number and manner adequate to
                                                                  support their federally approved security programs. Airport law enforcement officers
                                                                  are available, committed, and respond to incidents when requested by air carriers
                                                                  serving the airport.
                                                                     With certain states and communities having lifted mask requirements, many resi-
                                                                  dents were either surprised, frustrated or upset by TSA’s extension of the mask-
                                                                  wearing requirement at airports, and calls for airport law enforcement support in-
                                                                  creased significantly. This remains an added burden on airport law enforcement, in
                                                                  addition to their existing responsibilities for investigating and preventing criminal
                                                                  activity, enforcing requirements in the airport security program, and supporting
                                                                  TSA screening checkpoint operations.
                                                                     TSA created the Law Enforcement Officer Reimbursement Program to partially
                                                                  reimburse airports for providing law enforcement officer staffing and support at
                                                                  screening checkpoints. Although TSA planned to recruit, train and deploy a total of
                                                                  2,000 Federal Law Enforcement Officers at security checkpoints, the agency did not
                                                                  have the funding to do so. Over time, many airports have entered into reimbursable
                                                                  agreements with TSA to provide law enforcement officers to support TSA screening
                                                                  operations. As security threats continue to evolve, TSA has imposed additional re-
                                                                  quirements on airport law enforcement officers. Through the TSA Modernization
                                                                  Act, Congress clearly recognized the significant security value of the TSA Law En-
                                                                  forcement Officer Reimbursement Program and required TSA to expand it. Congress
                                                                  should continue to provide TSA adequate funding to fully support this important
                                                                  program.




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                                                                     In responding to calls from airlines to address unruly passenger incidents, airport
                                                                  law enforcement faces a number of challenges. Whereas interference with crew-
                                                                  members is a federal offense under Title 49 of the United States Code section 46504,
                                                                  airport law enforcement can only enforce state/local laws. Depending on the nature
                                                                  of the incident, airport law enforcement officers may only be able to conduct a cur-
                                                                  sory investigation and turn the case over to federal authorities.
                                                                     Let me be clear, airport law enforcement attempts to hold unruly passengers ac-
                                                                  countable for their dangerous behavior, while operating in accordance with state
                                                                  and local law.
                                                                     In some instances, however, airline crewmembers are reluctant to stay around to
                                                                  press charges, even when they have been assaulted. Unless crewmembers press
                                                                  charges, airport law enforcement officers may not be able to legally detain the pas-
                                                                  senger.
                                                                     If there is a physical or sexual assault that occurs while the aircraft is in flight,
                                                                  the Federal Bureau of Investigation (FBI) has jurisdiction. Typically, airport law en-
                                                                  forcement will collect information, and contact the FBI. Although the FBI can re-
                                                                  quest airport law enforcement to detain the passenger on a federal charge, it is rare
                                                                  and usually occurs only when an aggravated assault or altercation has occurred.
                                                                  Most of the time, FBI requests airport law enforcement to gather information and
                                                                  forward the reports, so the agency can follow up.
                                                                     Further, as it pertains to incidents that occur at an airport, many state criminal
                                                                  and procedural laws require law enforcement officers to witness the crime in order
                                                                  to detain the perpetrator.
                                                                     As I stated previously, it takes the community to solve the problem. We are com-
                                                                  mitted to being part of the solution, working with the FAA, TSA, our members,
                                                                  other government agencies and the rest of the aviation community to implement the
                                                                  following recommendations to address unruly passenger incidents.
                                                                     • Airline gate agents, as the first line of defense, should be extra vigilant for signs
                                                                        and deny boarding to those individuals they suspect are intoxicated, and notify
                                                                        airport law enforcement.
                                                                     • When an incident occurs, airline crewmembers should make statements to air-
                                                                        port law enforcement and press charges to enable criminal prosecution.
                                                                     • Airport law enforcement should be provided the flexibility to prioritize the re-
                                                                        sponse to unruly passenger incidents.
                                                                     • FAA and TSA should share more detailed and timely data on incidents with air-
                                                                        port operators to ensure greater situational awareness.
                                                                     • The U.S. Government should prioritize the prosecution of individuals who inter-
                                                                        fere with crewmembers, and broadly publicize successful criminal prosecutions
                                                                        and civil penalty actions.

                                                                                                             CONCLUSION
                                                                    ACI–NA and its member airports are committed to continue to work with Con-
                                                                  gress, FAA, TSA, FBI, and other law enforcement agencies and aviation stake-
                                                                  holders to identify good practices to reduce the number of unruly passenger inci-
                                                                  dents. We look forward to coordinating with our industry and government partners
                                                                  on the implementation of our recommendations to address this important issue.
                                                                    Thank you for the opportunity to submit this written testimony.

                                                                    Mr. LARSEN. Thank you, Mr. Bidwell.
                                                                    I now recognize Ms. Lauren Beyer, vice president of security and
                                                                  facilitation for Airlines for America.
                                                                    Ms. Beyer, you are recognized for 5 minutes.
                                                                    Ms. BEYER. Good morning. My name is Lauren Beyer, and I am
                                                                  the vice president of security and facilitation at Airlines for Amer-
                                                                  ica. A4A appreciates the opportunity to testify today, and I am hon-
                                                                  ored to be presenting alongside our labor and airport partners on
                                                                  this important topic.
                                                                    The top priority of A4A passenger carriers is the safety and well-
                                                                  being of all employees and passengers, and we are dedicated to
                                                                  working with our employees, Government partners, and other pri-
                                                                  vate-sector stakeholders to address unruly behavior and ensure
                                                                  that appropriate penalties for egregious conduct onboard aircraft




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                                                                  are fully pursued. There is simply no place in our skies for pas-
                                                                  sengers’ unruly and disruptive behavior.
                                                                     I would like to thank the leadership of this committee, specifi-
                                                                  cally Chairs DeFazio and Larsen and Ranking Members Graves
                                                                  and Graves, for your steadfast commitment and oversight of this
                                                                  issue. Your support and advocacy for strict enforcement of incidents
                                                                  has played a critical role in the Federal Government’s continued
                                                                  enforcement of the Federal Aviation Administration’s zero-toler-
                                                                  ance policy for travelers who do not follow crewmember instruc-
                                                                  tions and who do not abide by Federal law.
                                                                     While most passengers, as has been noted, continue to comply
                                                                  with crewmember instructions, we unfortunately have seen a very
                                                                  concerning uptick in unruly passengers aboard aircraft this year.
                                                                     And though the frequency of these incidents remains relatively
                                                                  low compared to passenger volume, even one unruly passenger
                                                                  event is one too many. Each incident is thoroughly investigated by
                                                                  the airline to determine the facts and details of the case, and the
                                                                  incidents are also reported to the FAA.
                                                                     In addition to the FAA’s independent civil enforcement process
                                                                  and any potential criminal prosecution, A4A member airlines can
                                                                  choose to place a passenger on an internal no-fly list, denying that
                                                                  passenger from flying on that airline.
                                                                     Coordination and communication with our Federal partners has
                                                                  been really critical. Airlines have been in regular communication
                                                                  with the FAA and the Transportation Security Administration to
                                                                  exchange information.
                                                                     We appreciate the FAA’s efforts just this week to provide a forum
                                                                  for industry and Government to share best practices and identify
                                                                  additional actions that can be taken across the entire aviation eco-
                                                                  system.
                                                                     In June, A4A sent letters to the FAA and the Department of Jus-
                                                                  tice requesting our Federal partners do everything possible to in-
                                                                  crease the public awareness of the ramifications of unruly inci-
                                                                  dents. In the FAA letter, we requested the agency refer egregious
                                                                  cases to the DOJ so that they may swiftly prosecute criminal acts
                                                                  to the fullest extent of the law.
                                                                     The FAA compliance and enforcement program already directs
                                                                  this coordination when a case supports criminal enforcement ac-
                                                                  tion.
                                                                     A4A worked with a coalition of airline and labor partners to ask
                                                                  the Department of Justice to direct Federal prosecutors to dedicate
                                                                  the resources for these egregious cases and to send a strong and
                                                                  consistent message through criminal enforcement that compliance
                                                                  with Federal law and upholding aviation safety are of paramount
                                                                  importance.
                                                                     As the airline industry, we understand there are steps that we
                                                                  needed to take to better address the problem as well. Each of our
                                                                  member airlines has taken steps to evaluate what more can be
                                                                  done and make enhancements, in consultation with their employee
                                                                  groups, to policies, training, communications, and more.
                                                                     Earlier this year, A4A and our members began collecting and
                                                                  sharing best practices across carriers to improve the airline re-
                                                                  sponse to these incidents. Such best practices include the perform-




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                                                                  ance of safety risk assessments, management and employee train-
                                                                  ing initiatives, and enhancements to customer-facing initiatives.
                                                                     These efforts have led to engagement across the broader indus-
                                                                  try, to discuss collectively what more can be done. As a result, we
                                                                  are now working on a cross-industry, self-initiated, best practices
                                                                  effort that includes my fellow panelists.
                                                                     We believe an industrywide approach is beneficial so that all en-
                                                                  tities with responsibility in the aviation sector have visibility into
                                                                  what the other entities are doing to address the problem.
                                                                     We will continue to work together with labor, Government part-
                                                                  ners, and other industry stakeholders to do everything possible to
                                                                  prevent and better respond to these incidents.
                                                                     Thank you again to the committee for raising awareness of this
                                                                  concerning trend, and I look forward to your questions.
                                                                     [Ms. Beyer’s prepared statement follows:]
                                                                                                             f

                                                                       Prepared Statement of Lauren Beyer, Vice President of Security and
                                                                                       Facilitation, Airlines for America
                                                                    Good morning, my name is Lauren Beyer, and I am the Vice President of Security
                                                                  and Facilitation at Airlines for America (A4A). A4A appreciates the opportunity to
                                                                  testify, and I am honored to be presenting alongside our labor and airport partners
                                                                  on this important topic.
                                                                    The aviation sector has worked collaboratively on many issues over the course of
                                                                  the COVID–19 pandemic, including our collective commitment to address unruly
                                                                  passenger behavior and ensure that appropriate penalties for egregious conduct on-
                                                                  board aircraft are fully pursued. The safety and wellbeing of all employees and pas-
                                                                  sengers is the top priority for U.S. airlines, and there is simply no place in our skies
                                                                  for passengers’ unruly and disruptive behavior. Regardless of mode of transpor-
                                                                  tation, whether it be an airline, train, bus or other, these incidents can pose a safety
                                                                  and security threat, and they should be dealt with both swiftly and strictly.

                                                                                                              THANK YOU
                                                                     At the onset, I would like to specifically thank the leadership of this Committee
                                                                  for their steadfast commitment and oversight of this issue. Your support and advo-
                                                                  cacy for strict enforcement of incidents has played a critical role in the federal gov-
                                                                  ernment’s continued enforcement of the Federal Aviation Administration’s (FAA)
                                                                  ‘‘zero tolerance’’ policy for travelers who do not follow crewmember instructions and
                                                                  who do not abide by federal law.
                                                                     We are grateful for the FAA’s efforts to maintain and increase awareness of the
                                                                  ‘‘zero tolerance’’ policy and violations for disruptive behavior. We also appreciate the
                                                                  Administration’s continued enforcement of the federal mask mandate for transpor-
                                                                  tation and are grateful for efforts to raise awareness of potential penalties and en-
                                                                  courage compliance from all travelers. And we are thankful to all the airline pas-
                                                                  sengers who simply follow the rules every day and go about their travels without
                                                                  incident. While media attention may focus on dramatic, negative events, those inci-
                                                                  dents are the exception and not the rule. The vast majority of passengers do comply
                                                                  with crewmember instructions. We value and appreciate those customers.

                                                                                           INCIDENT DATA, REPORTING AND RESPONSE
                                                                    While most passengers comply with crewmember instructions, we unfortunately
                                                                  have seen a very concerning uptick in unruly passenger incidents onboard aircraft
                                                                  in 2021. Year-to-date in 2021 we have seen FAA investigations increase to 17.8 per
                                                                  every 10 million passengers compared to 4.9 in 2020 and 1.6 in 2019. While that
                                                                  is a large increase, the frequency of these incidents remains relatively low at one
                                                                  investigation initiated for every 563,000 passengers enplaned. However, even one
                                                                  unruly passenger event is one too many. These events are taken very seriously, and
                                                                  each incident is reported to the FAA and thoroughly investigated by the airline to
                                                                  determine the facts and details of the incident. In addition to the FAA’s independent
                                                                  civil enforcement process and referrals to the Department of Justice (DOJ) for crimi-
                                                                  nal prosecution, A4A member airlines can choose to place a passenger on an inter-




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                                                                  nal no-fly list, denying that passenger from flying on that airline. Incidents are
                                                                  dealt with on a case-by-case basis.
                                                                                         FEDERAL COORDINATION AND COMMUNICATION
                                                                     Coordination and communication with federal partners has been critical. Since the
                                                                  federal mask mandate was implemented in January 2021, airlines have held regular
                                                                  calls with the Transportation Security Administration (TSA) and the FAA to ex-
                                                                  change information, data and trend analysis. This routine dialogue has proven help-
                                                                  ful in providing the industry visibility into trends at particular airports or other
                                                                  timely updates. That coordination continues today.
                                                                     Given the alarming escalation in incidents, in June 2021, A4A sent letters to the
                                                                  FAA and the DOJ, requesting our federal partners prosecute violators to the fullest
                                                                  extent of the law and do everything possible to increase the public awareness of the
                                                                  ramifications of unruly behavior including jail time and significant financial pen-
                                                                  alties.
                                                                     In the FAA letter, we requested the agency refer abhorrent cases to the DOJ so
                                                                  that the federal government may fully, swiftly and publicly prosecute criminal acts
                                                                  to the fullest extent of the law and deter this dangerous and concerning behavior.
                                                                  We believe the DOJ is well-equipped with the authority and processes to criminally
                                                                  prosecute qualifying passenger behavior. Specifically, Section 46504 of Title 49 of
                                                                  the U.S. Code (49 U.S.C. § 46504) prohibits assault or intimidation of a flight crew-
                                                                  member or flight attendant that interferes with the performance of a crewmember’s
                                                                  duties or lessens the ability of the crewmember to perform those duties. The pre-
                                                                  scribed penalty ranges from a fine to imprisonment for not more than 20 years, or
                                                                  both. The FAA Compliance and Enforcement Program instructs that FAA’s enforce-
                                                                  ment counsel promptly coordinate FAA enforcement action with the DOJ, when an
                                                                  Enforcement Investigation Report contains allegations supporting both criminal and
                                                                  legal enforcement action.
                                                                     We made clear that our member airlines and our labor partners are committed
                                                                  to working with the FAA, DOJ and the entire Federal government to ensure on-
                                                                  board safety and security. This includes participation in any investigation of on-
                                                                  board behavior and collaboration in any prosecution of passengers. To the extent
                                                                  that the FAA, DOJ, and TSA consider coordinating the collection of case informa-
                                                                  tion, we support any consolidation efforts and standby to assist.
                                                                     We are grateful to the FAA for their strong, direct video messages, social media
                                                                  posts and other public comments that speak directly to unruly passengers and clear-
                                                                  ly articulate the FAA’s ‘‘zero tolerance’’ policy. We also applaud the FAA for the
                                                                  transparency in publicizing the outcomes of some of their most egregious civil en-
                                                                  forcement cases as well as the civil penalties assessed. We continue to encourage
                                                                  the FAA, Congress and any other federal entities to amplify that messaging to reach
                                                                  all travelers.
                                                                     Concurrently, we joined a multitude of industry voices, including airlines and
                                                                  unions, in writing to the Attorney General requesting that the DOJ send a strong
                                                                  and consistent message through criminal enforcement that compliance with federal
                                                                  law and upholding aviation safety are of paramount importance. Making prosecu-
                                                                  tions public puts a spotlight on the serious consequences of breaking the law and
                                                                  act as effective deterrents against future onboard disruptions. In consort with the
                                                                  FAA’s special emphasis on its enforcement program, the DOJ should direct federal
                                                                  prosecutors to dedicate resources for egregious cases, again with full cooperation
                                                                  from airlines and labor. We continue to support those efforts.
                                                                     Additionally, we are encouraged by the White House’s recent announcement that
                                                                  TSA is increasing fines for violations of the TSA Security Directive that implements
                                                                  the federal mask mandate.
                                                                                       STAKEHOLDER COORDINATION AND BEST PRACTICES
                                                                     As an industry, we understand there are steps we can take to better address the
                                                                  problem. Earlier this year, A4A and our member airlines began collecting and shar-
                                                                  ing best practices across carriers in an attempt to improve the airline response to
                                                                  these incidents. Such best practices include the performance of safety risk assess-
                                                                  ments; management and employee training initiatives; and enhancements to cus-
                                                                  tomer initiatives.
                                                                     These efforts have led to engagement across the broader industry to discuss collec-
                                                                  tively what more can be done. As a result, we are now working on a cross-industry
                                                                  best practices effort with the intent to illustrate the types of approaches that can
                                                                  help prevent or respond to incidents. We believe an industry-wide approach is bene-
                                                                  ficial so all entities with responsibility in the aviation sector have visibility into
                                                                  what the other entities are doing to address the problem, especially as it pertains




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                                                                  to keeping unruly passengers off the aircraft and de-escalation of incidents if they
                                                                  happen onboard.

                                                                                                             CONCLUSION
                                                                     The safety and wellbeing of all employees and passengers is the top priority for
                                                                  U.S. airlines. We appreciate the federal government’s continued support and en-
                                                                  forcement of the ‘‘zero tolerance’’ policy for travelers who do not follow crewmember
                                                                  instructions and who do not abide by federal law, and we are grateful for the FAA’s
                                                                  efforts to increase awareness of violations of this policy. We appreciate Congres-
                                                                  sional efforts and the Administration’s continued support for and enforcement of the
                                                                  federal mask mandate for transportation. U.S. airlines are grateful for efforts to
                                                                  raise awareness of potential penalties and encourage compliance from all travelers.
                                                                  As they have done for months, U.S. airlines will continue to comply with the federal
                                                                  mask mandate and strictly enforce this requirement in collaboration with the TSA
                                                                  and the FAA. While an unruly incident video may go viral, the repercussions for
                                                                  that behavior may not. We can all do better to make certain the traveling public
                                                                  knows any abhorrent behavior will be met with significant consequence. Airlines
                                                                  will continue to do all they can to work with our employees, government partners
                                                                  and other private sector stakeholders to address these issues.

                                                                     Mr. LARSEN. Thank you, Ms. Beyer.
                                                                     And we will now turn to Member questions, and I will recognize
                                                                  myself for 5 minutes.
                                                                     Ms. Nelson, my first question is for you. Certainly, in a con-
                                                                  tinuum of trying to tamp down these incidents, there is a preven-
                                                                  tion side, there is the management of the situation in the cabin
                                                                  part, but then there is the enforcement as well of any charges.
                                                                     But in your survey, you said 60 percent of respondents experi-
                                                                  encing a physical incident onboard said law enforcement was re-
                                                                  quested to meet their flight. In those instances, did law enforce-
                                                                  ment meet the flight?
                                                                     Ms. NELSON. Chairman Larsen, in not every instance was law
                                                                  enforcement actually able to meet the flight in time before the pas-
                                                                  senger left the scene.
                                                                     But what is also concerning is that 40 percent of that time—we
                                                                  are talking about physical altercations here—law enforcement was
                                                                  not requested to meet the flight, which means that there is a break
                                                                  in communication at some point here in even getting that request
                                                                  to law enforcement.
                                                                     But you are correct, not in every case did law enforcement actu-
                                                                  ally meet the flight when there was a request.
                                                                     Mr. LARSEN. Yeah. And, again, I just want to reiterate, there is
                                                                  a prevention side, which I think we are going to explore a little bit,
                                                                  there is the management of the situation in the cabin, and there
                                                                  is enforcement. So I am not just saying it is only a law enforcement
                                                                  issue, but when it does need to occur, it should occur.
                                                                     Mr. Bidwell, you talked a little bit about the coordination, lack
                                                                  thereof; what improvements can occur with regards to airport law
                                                                  enforcement. Can you expand on that a little bit?
                                                                     Mr. BIDWELL. Chairman Larsen, absolutely, I appreciate the
                                                                  question. And as I mentioned in my statement, airport law enforce-
                                                                  ment does everything within their power and authority to hold un-
                                                                  ruly passengers accountable for their bad behavior.
                                                                     There may be situations—and I can’t speak to the internal com-
                                                                  munication and coordination issues within the airline—where there
                                                                  may be a delay in requesting airport law enforcement assistance.
                                                                  But suffice it to say, airport law enforcement responds when called




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                                                                  to carriers, supports them in responding to unruly passenger inci-
                                                                  dents.
                                                                     Mr. LARSEN. It just seems already to me that, at least on the en-
                                                                  forcement side, there are gaps in the communication that occurs to
                                                                  ensure there is law enforcement available when requested.
                                                                     But, Ms. Beyer, can you talk from the airlines’ perspective on
                                                                  how that process works to ensure that there—or to increase the op-
                                                                  portunity for law enforcement to be at the gate upon landing?
                                                                     Ms. BEYER. Sure. Thank you for the question. So, it is the re-
                                                                  sponsibility of the crewmembers onboard, when there is an inci-
                                                                  dent, to communicate with the airline and to make the decision
                                                                  that the incident onboard merits calling law enforcement to greet
                                                                  the aircraft.
                                                                     From our side, from a higher level, we have coordinated for many
                                                                  months with our airport partners, with our airport law enforcement
                                                                  partners to understand how we can improve any communication,
                                                                  and to ensure that when law enforcement is called, they have the
                                                                  resources and the time to greet the aircraft.
                                                                     Mr. LARSEN. OK. Mr. Andrews, I just want to start off by under-
                                                                  scoring, I recognize you work for American Airlines, not United, as
                                                                  I said in my testimony. We will fix that, because I know you are
                                                                  proud of your time there, and I apologize for that.
                                                                     And it is really disheartening and disturbing to hear about this
                                                                  incident that happened to you, the one you described on the flight.
                                                                  What was the follow-on from that? Did you feel a need to report?
                                                                  Did you feel a need to let it slide? How did you want to approach
                                                                  it, and what eventually happened?
                                                                     Mr. ANDREWS. Thank you for that question, Mr. Chairman.
                                                                  There was no need to, in my experience on that situation, to esca-
                                                                  late it any further. Following our threat and air management pro-
                                                                  cedures, if the situation is deescalated and brought to resolve,
                                                                  there is no need to contact the cockpit or to bring law enforcement
                                                                  involvement.
                                                                     Mr. LARSEN. There was not. At any point on the escalation scale,
                                                                  then, what kind of incident would require you or compel you to re-
                                                                  port that first to the cockpit and then to the gate you are flying
                                                                  to?
                                                                     Mr. ANDREWS. Thank you for that question, Mr. Chairman. That
                                                                  would probably be at level 2 or anything higher, anything that
                                                                  moves to a threatening level or physical interaction or anything be-
                                                                  comes physical we are there to——
                                                                     Mr. LARSEN. All right.
                                                                     Mr. ANDREWS [continuing]. [Inaudible] move on.
                                                                     Mr. LARSEN. Thank you. Thank you. My time is up.
                                                                     I will recognize Mr. Graves of Louisiana for 5 minutes.
                                                                     Mr. GRAVES OF LOUISIANA. Thank you, Mr. Chairman. Mr.
                                                                  Chairman, I want to make note—let me say it again, I said it at
                                                                  the beginning of my opening statement, and I am going to say it
                                                                  again. Some of the instances we have seen with unruly passengers
                                                                  are completely unacceptable. People need to be held fully account-
                                                                  able under the law.
                                                                     But I found it interesting in that—I want to say it again—we
                                                                  have got to make sure that we are looking at this entire flight ex-




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                                                                  perience. Why are these incidents increasing, spiking, like they
                                                                  are? I heard alcohol, I heard masks, I heard other things.
                                                                     Seventy-five percent—75 percent—of the air rage incidents that
                                                                  are occurring are tied back to masks—75 percent. Six percent are
                                                                  tied back to alcohol.
                                                                     One of the things that I think about, and I said this in my open-
                                                                  ing, you have different experiences that people see—people see
                                                                  things like this [indicating a poster]. They see things like this hap-
                                                                  pening. They see these things happening and they are trying to de-
                                                                  cide, wait, what is the rule? Is there a rule? Is there exception?
                                                                     People sit down at restaurants right outside the gates of the air-
                                                                  plane, and they are all sitting there eating and maybe close to-
                                                                  gether, and they don’t have masks on. Yet they come on an air-
                                                                  plane, where they have been told that it is the cleanest air ever
                                                                  and all sorts of recycling air, and they have got to put masks on.
                                                                     And so I do think that we have got to really think through this
                                                                  more holistically. I will say it again, not as myopically as just look-
                                                                  ing at it, why are all these experiences tied back to masks?
                                                                     I think it is the frustration people have, the—I think the condi-
                                                                  tions that appear to be demonstrating a good bit of hypocrisy.
                                                                     Mr. Chairman, I received a text message this morning from a
                                                                  guy at home, which I have no idea how he knew this hearing was
                                                                  happening. And he says, I want to share that I was traveling three
                                                                  times a month but have almost given up air travel because the ex-
                                                                  perience is so uncomfortable with the mask mandate. As long as
                                                                  there is a mask mandate on airplanes and airports, I will avoid
                                                                  them at all costs. I know a lot of fellow travelers who feel the exact
                                                                  same way.
                                                                     Look, I wear masks, I wear it here, I wear it on airplanes, but
                                                                  I do think we have got to make sure that we are not focused on
                                                                  too small of a subset of this issue and make sure that we are look-
                                                                  ing a bit more holistically.
                                                                     Ms. Nelson, I appreciate your testimony, appreciate you being
                                                                  back before the committee. It seems that people, as I noted, are
                                                                  somewhat stressed out right now, and there is a lot of anxiety, as
                                                                  I noted in some of the statistics earlier.
                                                                     Why do we see so many instances of flight attendants and airline
                                                                  employees escalating the situations in some of the videos? What ef-
                                                                  forts are you all working on to attempt to deescalate the situation?
                                                                     And what I am thinking of specifically is, I know I have seen a
                                                                  few videos recently with some of these kids, including one that was
                                                                  having an asthma attack. Any thoughts there on how—I will use
                                                                  that term again—we can ‘‘decompress’’ these incidents?
                                                                     Ms. NELSON. Thank you, Mr. Graves. First of all, I just want to
                                                                  note that everyone is at a stress level 10, everyone needs a little
                                                                  bit of help, and there are always exceptions, but flight attendants
                                                                  have done an extraordinary job of deescalating.
                                                                     And part of the problem with deescalating is getting to the prob-
                                                                  lem early so that you can deescalate. You also, oftentimes, if you
                                                                  are the initial flight attendant to provide instruction and there is
                                                                  a conflict created, you oftentimes need to call on another member
                                                                  of the flightcrew to try to do that deescalation.
                                                                     When we have staffing levels at minimum levels, we have fewer
                                                                  people to be able to do that. We have fewer people to be able to




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                                                                  identify the issues as they are occurring so that we can get to those
                                                                  and deescalate them more successfully.
                                                                     And I should just note that flight attendants do this every day.
                                                                  Most incidents and most flights don’t make it on the evening news.
                                                                  As you noted, these are a relatively small number of incidents.
                                                                     But, yes, we need more staffing. We also have to recognize that
                                                                  during the course of this pandemic, there has been conflicting infor-
                                                                  mation coming from leadership about what we need to do to ad-
                                                                  dress this public health crisis. And that is the biggest issue that
                                                                  we find onboard.
                                                                     You are correct, there has not been enough enforcement in the
                                                                  airport and consistency around that. Flight attendants give instruc-
                                                                  tions onboard that when you are eating or drinking, you are sup-
                                                                  posed to dip your mask for a short period of time, put it back up
                                                                  again. So there is very clear instructions onboard the plane for
                                                                  that.
                                                                     When you talk about the air circulation onboard, we talk about
                                                                  levels of safety. All of the studies that show that great filtration on-
                                                                  board is very important. But the aircraft is not like an office envi-
                                                                  ronment. People are jammed in together much closer than any
                                                                  other space. It is recirculated air. And so the mask, together with
                                                                  the filtration onboard, together with the cleaning onboard, all of
                                                                  these levels of safety are what keep us safe.
                                                                     Now, I will tell you, flight attendants every single day have to
                                                                  remind people, and, in fact, actually I was on a flight recently
                                                                  where I had to be reminded by a flight attendant to put my mask
                                                                  back up.
                                                                     So not every instance is an instance of conflict. Sometimes we
                                                                  have to remind that because people are forgetting. So there will be
                                                                  instances of that. But the more that we can keep those masks on,
                                                                  the more that we are going to keep everybody safe, and we have
                                                                  to get through this pandemic.
                                                                     Mr. GRAVES OF LOUISIANA. Thank you, Ms. Nelson.
                                                                     Mr. LARSEN. I recognize Chair DeFazio for 5 minutes.
                                                                     Mr. DEFAZIO. Thank you, Mr. Chairman.
                                                                     Ms. Nelson, Mr. Bidwell said that many times the affected flight
                                                                  attendant or flightcrew will not wait around to report to airport po-
                                                                  lice. Can you address that?
                                                                     Ms. NELSON. Yes, I can. So flight attendants are scheduled quite
                                                                  tight. Not all airlines have communicated to flight attendants that
                                                                  they will support them, both emotionally and legally, when these
                                                                  incidents occur.
                                                                     There is a program at United Airlines that does provide this and
                                                                  does provide communication to flight attendants that helps them
                                                                  know that they will have that backing from the airline if they re-
                                                                  port these incidents to law enforcement.
                                                                     It is a disruption in the day. There is a lot of pressure on the
                                                                  flight attendants to get to the next flight. They know that, because
                                                                  of minimum staffing, if they don’t make the next flight, the next
                                                                  flight may not go out on time.
                                                                     And so all of these pressures are on the employee on the front
                                                                  lines, not to mention the fact that we should recognize that these
                                                                  are the victims. These are the people who have just been punched
                                                                  in the face or have just been hurt in some way.




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                                                                     And if they don’t have support around them right away to let
                                                                  them know that they should report that, that they are going to be
                                                                  supported in reporting that, oftentimes, in that state of shock, they
                                                                  are not in a place where they are able to make a good decision on
                                                                  their own without that information to make those reports.
                                                                     So we often find that law enforcement will blame the crew. The
                                                                  crew is not necessarily backed up by the airline, or just given good
                                                                  information around that. And this is an area where we can im-
                                                                  prove.
                                                                     I don’t believe anyone is trying to do anything wrong here, but
                                                                  the crews don’t have enough support around them, and they do
                                                                  have plenty of pressure on them to keep moving.
                                                                     Mr. DEFAZIO. Thank you.
                                                                     So, Ms. Beyer, I would hope that your member airlines would
                                                                  take that into account since FAA has asked them to look at what
                                                                  additional measures can be taken.
                                                                     Ms. Nelson specifically mentioned United having a good policy
                                                                  around this. I assume that not all airlines have communicated
                                                                  that. If you were going to be a little late for your next flight, delay
                                                                  the next flight, because you have to report that someone punched
                                                                  you, we are going to support you. So I would hope that that would
                                                                  be part of the recommendations that would go.
                                                                     Back to Mr. Bidwell, what about this to-go alcohol stuff? Again,
                                                                  I have been flying, doing this job for 35 years. And until this year,
                                                                  I never saw big to-go signs. Can’t the airports themselves—you are
                                                                  saying, oh, well, it is local laws, like in Louisiana, you can walk
                                                                  down the street, and some States—I think New Mexico stopped al-
                                                                  lowing you to get drive-in, to-go drinks, but that is only recent.
                                                                     So, couldn’t the airports themselves say to the concessionaires,
                                                                  this could lead to a violation of Federal law, we want you to stop
                                                                  this practice?
                                                                     Mr. BIDWELL. Mr. Chairman, thank you for the question. Al-
                                                                  though we have yet to see it, we understand the FAA has data in-
                                                                  dicating that alcohol was involved in 6 percent of unruly passenger
                                                                  incidents. And of that, we have no way of knowing whether the un-
                                                                  ruly passenger was intoxicated when they arrived at the airport,
                                                                  brought——
                                                                     Mr. DEFAZIO. No, OK, I got that, but let’s say, this is new. Here
                                                                  it is. I was getting a beer and some guy asked for like three shots
                                                                  of vodka in a to-go cup. By the time he cranks that down with
                                                                  whatever he drank beforehand, he is going to be drunk. And, yeah,
                                                                  maybe it is only reported at 6 percent. Who knows.
                                                                     I am asking you a simple question. This did not occur before
                                                                  COVID, and why is it occurring now, and why won’t you stop it?
                                                                  It is an inducement for people to break the law, just by carrying
                                                                  it onboard, let alone whether or not they are going to get crocked.
                                                                  Yes or no?
                                                                     Mr. BIDWELL. So, to-go alcohol was available before the pandemic
                                                                  in certain instances, and it is only available in a relatively few lo-
                                                                  cations. And I will tell you that in order to assist airlines that are
                                                                  reluctant to make announcements during the boarding process,
                                                                  many airports have deployed signage. Other airports work with
                                                                  local airlines to design and institute the use of marked cups to as-
                                                                  sist airline gate agents in identifying those that contain alcohol. It




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                                                                  is a coordinated effort, but only airline employees, and specifically
                                                                  gate agents, can deny boarding to passengers.
                                                                     Mr. DEFAZIO. Right. So, they are going to have to do
                                                                  breathalyzers. All right, thanks. The answer is ‘‘No.’’
                                                                     Again to Ms. Beyer, just on the preflight announcements, some
                                                                  airlines have tougher announcements than others. I would hope,
                                                                  again, that would be part of the consideration that the FAA is ask-
                                                                  ing for, to talk a little more specifically about the potential pen-
                                                                  alties in more harsh terms. OK, but here is a question.
                                                                     Does law prohibit the airlines from sharing their no-fly lists? I
                                                                  think it does, maybe, because it is collusion or something.
                                                                     Ms. BEYER. Thank you, Mr. Chair, for the question. As I men-
                                                                  tioned, the internal airline no-fly list has been a really critical tool
                                                                  for us in response to this issue over the past year. I think it is im-
                                                                  portant to note first, because there is sometimes some confusion,
                                                                  that what we are talking about is an internal airline no-fly list——
                                                                     Mr. DEFAZIO. Right. I am asking, though, can one airline share
                                                                  it with another? Could there be a common database? Because
                                                                  someone gets banned from one airline because of unruly, unaccept-
                                                                  able behavior, they just switch to another one.
                                                                     Ms. BEYER. So, there are legal and operational challenges with
                                                                  airlines sharing those lists amongst one another——
                                                                     Mr. DEFAZIO. OK. Then how about—OK, good, all right. That is
                                                                  a good answer. Thank you. There is a problem. Maybe we can have
                                                                  the FAA create a database, and they can ask people to post to that,
                                                                  and then the airlines can access it in the future.
                                                                     My time is expired. Thank you, Mr. Chairman.
                                                                     Mr. LARSEN. Thank you.
                                                                     The Chair recognizes Mr. Massie of Kentucky for 5 minutes.
                                                                     Mr. MASSIE. Thank you, Chairman Larsen. Thanks for having
                                                                  this hearing.
                                                                     No passenger should ever be violent or disrespectful to a flight
                                                                  attendant or a member of the crew of an aircraft.
                                                                     Everybody has a bad day now and then, and I always try to give
                                                                  somebody the benefit of the doubt when I see stern words being ex-
                                                                  changed between a passenger and a flight attendant. I am thinking
                                                                  one of them is having a bad day. This is a stressful situation, and
                                                                  just try to give people the benefit of the doubt.
                                                                     I would suggest—and I am not really going to direct my state-
                                                                  ments to the witnesses so much as my colleagues on this panel and
                                                                  also the broader membership of the House. I would suggest that we
                                                                  put these flight attendants and flightcrews in a very difficult situa-
                                                                  tion, and there are some things that we might be able to do to al-
                                                                  leviate that.
                                                                     For instance, we live in a Republic where we elect Representa-
                                                                  tives and they pass the laws. The reason we have it that way is,
                                                                  if there were just one person or one nameless agency or bureauc-
                                                                  racy that were promulgating these rules for us to live by, we have
                                                                  no way to address our grievances.
                                                                     And if the People’s House would actually vote on these regula-
                                                                  tions—now, I don’t agree with the mask regulations, and I will get
                                                                  into that later—but if we would vote on these things, they would
                                                                  have the imprimatur of the support of the people, if the People’s
                                                                  House would weigh in.




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                                                                     But when people sit down in their aircraft to take their flight
                                                                  and they hear a public service announcement that says Federal law
                                                                  states, even myself, I am wondering, well, when was that Federal
                                                                  law passed?
                                                                     The reality is, there has never been a Federal law passed. Yes,
                                                                  there are laws that you need to comply with the flight attendant,
                                                                  and, yes, there has been an Executive order, but the problem with
                                                                  that is what our Founders realized long ago: Unless you have the
                                                                  buy-in of the people, it is going to be hard to get people to comply
                                                                  with rules.
                                                                     And so, I think a breakdown of our institutions, our govern-
                                                                  mental institutions, is leading to this breakdown of society and
                                                                  civil politeness to each other.
                                                                     So, I would suggest that instead of wringing our hands and just
                                                                  having a hearing and listening to this, that we actually weigh in,
                                                                  instead of deferring everything to the executive branch and to peo-
                                                                  ple who aren’t elected to make the rules.
                                                                     And in the long run, I think it would be more helpful to our
                                                                  flight attendants and the flightcrews, and we could all have a bet-
                                                                  ter experience.
                                                                     Now, let me get to another thing that I think is leading to these
                                                                  problems, and the ranking member touched on it. The science is
                                                                  very lightly presented here. I mean, what if in the pocket in front
                                                                  of you, instead of just instructions for exiting the aircraft, were di-
                                                                  rections for wearing a mask and also the science that shows to
                                                                  what degree a cloth mask is less effective than an N95.
                                                                     I mean, people, they are sort of—they are catching on. They are
                                                                  not all scientists and engineers. But the cloth mask is the only
                                                                  medical device or personal safety equipment in the United States
                                                                  that is required, for which there is no specification, for which there
                                                                  is no regulation.
                                                                     People start to wonder, well, if these worked, wouldn’t there be
                                                                  a specification on them, and which ones work better than others?
                                                                  The science is not being presented here.
                                                                     If we could persuade people of what is effective instead of trying
                                                                  to force them—and then as the ranking member pointed out, we
                                                                  see instances of our officials, the Speaker of the House going to
                                                                  close, tightly packed fundraisers and not wearing the mask, or
                                                                  other people within the Government who are on the planes and
                                                                  leave their mask off for an extended period of time. That doesn’t
                                                                  help either.
                                                                     So, let me just close by saying this. I do not support vaccine man-
                                                                  dates. I do not support mask mandates. I am not saying they are
                                                                  not effective, but if we want to help out here, there needs to be a
                                                                  persuasion campaign, not a coercion campaign, and it is not fair to
                                                                  put the flight attendants in the middle of this. Some of it has be-
                                                                  come political, but we put them in the middle of a situation that
                                                                  is a no-win situation.
                                                                     And I will just close with that and say, let’s get back to the
                                                                  science, let’s get back to being reasonable and civil with each other,
                                                                  and let’s get back to the job of legislating, instead of wringing our
                                                                  hands because some administrative agency, which by the way, we
                                                                  have the authority over, because they have done something or




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                                                                  aren’t doing something we don’t agree with, but we haven’t given
                                                                  them the instructions on what to do.
                                                                     With that, I yield back, Mr. Chairman.
                                                                     Mr. LARSEN. The gentleman yields back.
                                                                     I now turn to Representative Cohen of Tennessee. You are recog-
                                                                  nized for 5 minutes.
                                                                     Mr. COHEN. Thank you, Mr. Chair. I want to thank all of our
                                                                  witnesses.
                                                                     For Mr. Andrews, I want to say that the behavior that you expe-
                                                                  rienced was unacceptable, and there is no excuse for it. I don’t care
                                                                  if people are upset because they have to wear masks. I don’t care
                                                                  if they have higher stress. That behavior was totally unacceptable
                                                                  and inexcusable, and it was wrong.
                                                                     This question goes out to anybody that can give me an answer.
                                                                  Has there been any—I guess I will start with Ms. Nelson. Has
                                                                  there been any analysis of the demographics of the people who
                                                                  have been involved in this outrageous behavior?
                                                                     Ms. NELSON. Not that I am aware of, Mr. Cohen.
                                                                     Mr. COHEN. Anybody else have any knowledge of any demo-
                                                                  graphics on race, age, residence, anything at all?
                                                                     Ms. NELSON. What I will tell you is that from our survey results,
                                                                  many of these incidents were more likely happening out of places
                                                                  where there has been a real inconsistent communication and very
                                                                  clear opposition to masks and to dealing with this public health
                                                                  emergency in a mobilized way.
                                                                     Mr. COHEN. Can you be more specific? Are you saying that the
                                                                  airports have been less, or are they the region?
                                                                     Ms. NELSON. I am being specific to the region, and, obviously, the
                                                                  airports are located in those regions. We have had——
                                                                     Mr. COHEN. So are you saying basically the Southeastern Con-
                                                                  ference region?
                                                                     Ms. NELSON. We have had a lot of incidents out of Charlotte. We
                                                                  have had a lot of incidents out of the Florida airports and out of
                                                                  Texas. And I am not saying that there aren’t incidents in other
                                                                  places at all, but there seems to be a higher concentration.
                                                                     Mr. COHEN. Thank you, Ms. Nelson. That is kind of what I sus-
                                                                  pected, and I would comment that Charlotte, which I have been
                                                                  through on occasion, there is—I think it is gate A. It is the furthest
                                                                  one out when you have to go to the terminal and go through it, and
                                                                  you are over on the side where they sell the pizza and the nice kind
                                                                  of area. The Chick-fil-A side that you go out the other way all the
                                                                  way to the end.
                                                                     They will stop serving food out there, give or take, 6 or 7 o’clock.
                                                                  I think it is somewhere around there the food places are closed
                                                                  down. But the alcohol places stay open, and I know they stay open
                                                                  at least until the last flight is out. So the gentleman that—Mr.
                                                                  Bidwell, you represent the airports, do you not?
                                                                     Mr. BIDWELL. Yes, sir, I do.
                                                                     Mr. COHEN. Why in the hell would they not give you food, but
                                                                  they will give you alcohol?
                                                                     Mr. BIDWELL. Congressman, I don’t know what exactly is the pol-
                                                                  icy for the concessionaires at gate A at Charlotte International Air-
                                                                  port.




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                                                                    Mr. COHEN. Yeah. Well, it might be profit margin. It might be
                                                                  they don’t give a hoot. But the areas where they sell the alcohol
                                                                  are packed, and the people are fairly rowdy. They do have some
                                                                  type of, like, little pork rinds or something like that, a real gourmet
                                                                  area. And I like pork rinds, which is neither here nor there. But
                                                                  they close the food. They close the food down, but the alcohol is in
                                                                  abundance.
                                                                    This behavior is just wrong. I had to raise the issue early on in
                                                                  March of 2020 with the airlines to start enforcing masks because
                                                                  I was on planes where the flight attendants didn’t wear masks, and
                                                                  there was no requirement for anybody to wear them. The flight at-
                                                                  tendants were not wearing masks either, and that is just wrong,
                                                                  and it is—we need to get beyond that.
                                                                    Mr. Andrews, I agree with all of your suggestions, and that was
                                                                  very helpful, your 11 suggestions. Would any of them really cost
                                                                  any money for the airlines and the airports to do that?
                                                                    Mr. ANDREWS. Thank you for that question, Mr. Cohen. While I
                                                                  am not an expert, I certainly would suggest that possibly if there
                                                                  are fines that some of these passengers are subjected to, that pos-
                                                                  sibly some of those fees or things can be paid for.
                                                                    Mr. COHEN. They could use it, right. Thank you.
                                                                    Let me just relate my anecdote. When I left DC the week of the
                                                                  insurrection, there were lots of people in the airport that did not
                                                                  have their masks on, and that is the airport’s fault. And when they
                                                                  got on the plane, and they tried to hand them a little ointment to
                                                                  wipe their hands, they objected and tossed it back to them.
                                                                    Mr. LARSEN. The gentleman’s time has expired.
                                                                    Mr. COHEN. That was the Southeastern Conference crowd.
                                                                    I yield back the balance of my time.
                                                                    Mr. LARSEN. Thank you very much.
                                                                    I recognize Mr. Perry of Pennsylvania for 5 minutes.
                                                                    Mr. PERRY. Thank you very much, Mr. Chairman.
                                                                    Ms. Nelson, I just noted in your testimony that you stated, and
                                                                  I quote, ‘‘I know there is not one person on this Aviation Sub-
                                                                  committee that thinks that combative, abusive, defiant, and violent
                                                                  behavior on our planes and in our airports is acceptable,’’ unquote.
                                                                  I couldn’t agree more, and I don’t think there is a person on this
                                                                  committee that could agree more with you.
                                                                    So, I am just going to give you a statement and see if you agree
                                                                  with this, then. No American should be subject to combative, abu-
                                                                  sive, defiant, and violent behavior in the workplace, and such be-
                                                                  havior should be universally condemned and subjected to the full
                                                                  extent of the law, regardless of the perpetrator.
                                                                    Is that something you can stand with, something you would
                                                                  agree with?
                                                                    Ms. NELSON. One hundred percent, and I appreciate you raising
                                                                  these issues because I believe that this hearing is an opportunity
                                                                  for us to identify issues where we can all work together to
                                                                  make——
                                                                    Mr. PERRY. That is great.
                                                                    Ms. NELSON [continuing]. This better. Thank you.
                                                                    Mr. PERRY. Thank you. I appreciate your response. I would like
                                                                  to talk to you and address the issue of union violence, and some




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                                                                  statements that you made, and to provide some context to the com-
                                                                  mittee here and everyone else.
                                                                     In 1969, the seminal study on union violence in America by Phil
                                                                  Taft and Philip Ross noted the United States has had the bloodiest
                                                                  and most violent labor history of any industrial nation in the
                                                                  world. Now, unfortunately, the bloodshed and violence at the hands
                                                                  of unions has continued at a disturbing rate. Since 1975, there
                                                                  have been nearly 12,000 incidents of union violence reported by the
                                                                  media, including the murder of 203 Americans, according to the
                                                                  National Institute for Labor Relations Research, and those are just
                                                                  incidents reported by the media. I mean, the rate of union violence
                                                                  in America is staggering and should be received with universal con-
                                                                  demnation by every single American, regardless of your affiliation.
                                                                     Now, unfortunately and strangely, the Supreme Court prohibits
                                                                  Federal prosecution of such violence if it is in pursuit of a legiti-
                                                                  mate union objective, which, if you take Chairman DeFazio’s state-
                                                                  ments, I would say is an inducement to break the law and commit
                                                                  union violence.
                                                                     Ma’am, in an interview with Splinter News, you stated, ‘‘It’s im-
                                                                  portant to put out that clear, militant line, and have it be centered
                                                                  around the workers and what they are willing to do. I’ve said,
                                                                  ‘sometimes you have to beat it out of them, sometimes they just
                                                                  have to remember the beating they’ll take’ ’’ unquote. That is what
                                                                  you said. You also said ‘‘The law doesn’t reflect moral clarity or
                                                                  conscience. It doesn’t recognize the power of working people, but
                                                                  the truth is, there are no illegal strikes, only unsuccessful ones,’’
                                                                  unquote.
                                                                     And then further, in July of this year, and I am just going to ab-
                                                                  breviate the terminology for respect here. ‘‘F--- Taft-Hartley. F---
                                                                  Taft-Hartley. A general strike likely doesn’t work without unions,
                                                                  and just because it’s a law doesn’t mean it’s just,’’ unquote.
                                                                     To me, these seem like explicit calls for violence and militancy,
                                                                  claims that strikes are only illegal if they fail, and repeated calls
                                                                  for illegal general strikes demonstrates a flagrant disregard for
                                                                  property, life, and the rule of law. And, so, I am just wondering if
                                                                  you are interested in maybe recanting any of these statements and
                                                                  if you would agree that a zero tolerance regarding union violence
                                                                  would be appropriate, because I agree with you that zero tolerance
                                                                  regarding violence on an airplane is the standard we ought to
                                                                  strive. So where do you stand on zero tolerance regarding union vi-
                                                                  olence?
                                                                     Ms. NELSON. I don’t know what you are talking about with union
                                                                  violence. I know that the labor movement pushes peaceful civil dis-
                                                                  obedience. I know that the mine workers who are in the sign right
                                                                  behind me, right here, 1,100 mine workers on strike right now in
                                                                  Alabama, have been peacefully demonstrating. They have been hit
                                                                  five times with vehicles and——
                                                                     Mr. PERRY. Ma’am, I just read your statements. Those are your
                                                                  statements.
                                                                     Ms. NELSON. I want to be very clear. I want to be very clear. My
                                                                  friend, Paul Hartshorn, is behind here right now. He died on the
                                                                  job. There were many people who died on the job. There are poultry
                                                                  workers who were slammed into their——




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                                                                     Mr. PERRY. Ma’am, that is great. I am talking about union vio-
                                                                  lence.
                                                                     Ms. NELSON. I am talking about the violence——
                                                                     Mr. PERRY. I grew up in a time in Pennsylvania where—ma’am,
                                                                  it is my time. I grew up at a time in Pennsylvania where Jock
                                                                  Yablonski was killed by a union rival. He and his wife and his
                                                                  daughter were killed. I grew up in a time—just last year and the
                                                                  year before in south central Pennsylvania, the IBEW got a present-
                                                                  ment for being the thugs, the helpful union guys for forced violence
                                                                  and threats of violence. Will you renounce that, or won’t you?
                                                                     Ms. NELSON. Let me be very clear.
                                                                     Mr. PERRY. I guess you won’t.
                                                                     Ms. NELSON. The labor—let me be very clear. The labor move-
                                                                  ment is for peaceful protests, not violence.
                                                                     Mr. LARSEN. Thank you. The gentleman’s time——
                                                                     Ms. NELSON. We are against violence against the workers. Thank
                                                                  you.
                                                                     Mr. LARSEN. The gentleman’s time has expired.
                                                                     I recognize Representative Davids for 5 minutes.
                                                                     Ms. DAVIDS. Thank you, Chairman.
                                                                     Very briefly, I will just say that I appreciate the recognition by
                                                                  the folks on here who have shown up to speak on behalf of their
                                                                  union members, that the work that you all do is appreciated. And
                                                                  as the daughter of a union steward, I would just like to recognize
                                                                  that when folks go on strike and they do it peacefully, which is ex-
                                                                  actly what we were just hearing about, it can lead to some very
                                                                  positive change. And so, I just want to express my appreciation for
                                                                  that.
                                                                     And then I will yield my time to Chairman DeFazio.
                                                                     Mr. DEFAZIO. I thank the gentlelady.
                                                                     Mr. LARSEN. The gentlelady yields.
                                                                     Mr. DEFAZIO. Ms. Nelson, I think it would be helpful to respond
                                                                  to Mr. Perry’s statements. I guess he missed things like the Pull-
                                                                  man strike and other slaughters of union organizers attempting
                                                                  just to have a decent living and a decent life. So, I would yield you
                                                                  time to respond if you would like.
                                                                     Ms. NELSON. The Walter Reuther brothers were beaten on an
                                                                  overpass near Detroit. They were assaulted for trying to fight for
                                                                  healthcare, a decent living, the ability for workers to go into a
                                                                  workspace without losing limbs because they are pushed so hard
                                                                  against machinery that they can’t compete with with their human
                                                                  bodies. The Ludlow strikers were gunned down and burned to
                                                                  death when they were striking in tents, pushed out of company
                                                                  housing. There were workers who were disrespected, and the mules
                                                                  that were carrying the coal out of the mines were more important
                                                                  than the workers.
                                                                     This past year, for the past 18 months, we saw that workers
                                                                  were treated as disposable. The strikes and the actions in return
                                                                  have been about safety. They have been about improving the safety
                                                                  for consumers, and certainly, as flight attendants, as pilots, as any-
                                                                  one working in aviation, we take very, very personally when any
                                                                  blood is shed.
                                                                     And we said during the Government shutdown that our work-
                                                                  space was becoming increasingly unsafe as we had 35 days of peo-




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                                                                  ple not going with a paycheck; people, like air traffic controllers
                                                                  who have to go into their workspace, and if they make a mistake,
                                                                  it is an aircraft accident, so they have to put all distractions aside.
                                                                  What could be more distracting than not getting a paycheck and
                                                                  not knowing how you are going to be able to provide for your fami-
                                                                  lies?
                                                                     So, I want to be very clear that the violence perpetrated against
                                                                  workers has been nonstop and has been persistent. And the unions
                                                                  have organized against that, and they have organized against that,
                                                                  both for workers’ rights and sometimes just to enforce the laws
                                                                  that already exist but also, to make sure that consumers and other
                                                                  people who are in our space, who we are serving, who are dedicated
                                                                  and went to work on the front lines throughout this pandemic with
                                                                  risk to ourselves and our families, and we lost our lives.
                                                                     Some people, as Teddy said, went through horrible conditions be-
                                                                  cause of it, and some people are suffering long-term effects of
                                                                  COVID. And, so, these are the things that we fight against. This
                                                                  is why we are here. We are dedicated to safety, we are dedicated
                                                                  to the people who are in our care, and the actions that we take are
                                                                  to keep everyone safe.
                                                                     Mr. DEFAZIO. I thank you for that statement. The reconstructive
                                                                  history of Mr. Perry was actually quite extraordinary, having stud-
                                                                  ied the labor history, so I won’t comment any further because it
                                                                  was so bizarre and absurd.
                                                                     I yield back my time.
                                                                     Mr. LARSEN. The gentleman yields back to Ms. Davids. Does Ms.
                                                                  Davids yield back the rest of her time?
                                                                     Ms. DAVIDS. I yield back.
                                                                     Mr. LARSEN. Thank you.
                                                                     The Chair recognizes Mr. Burchett from Tennessee for 5 min-
                                                                  utes.
                                                                     Mr. BURCHETT. Thank you, Mr. Chairman. It is always tough to
                                                                  follow my colleague from Tennessee, Representative and former
                                                                  Senator Cohen, my dear friend who my mama would always say,
                                                                  I just love that Steve Cohen, but dadgum, hon, sometimes I just
                                                                  want to smack his little fat jaws, so—he is my dear friend. He
                                                                  called my mama when my daddy died. So, I am kind of partial to
                                                                  my buddy, Steve Cohen. I know that hurts him in his district and
                                                                  hurts me in my district, but that is just the way it is.
                                                                     Mr. Chairman, I appreciate you letting me speak. I recently
                                                                  heard a story about a mama and her 2-year-old son being removed
                                                                  from a plane because her son was suffering from an asthma attack
                                                                  and couldn’t keep his mask on. A spokesman for the airlines said
                                                                  after the fact that exemptions to the face covering requirements
                                                                  may be granted to individuals with disabilities who make a request
                                                                  to our special assistant team at least 72 hours prior to the depar-
                                                                  ture.
                                                                     I understand your all’s point for better communication with pas-
                                                                  sengers on mask mandates before boarding, but what kind of ef-
                                                                  forts are airlines actually making to ensure that the parents of
                                                                  children with disabilities similarly receive advance notice of avail-
                                                                  able medical exemptions? I have been flying a whole lot, like every-
                                                                  body up here has, and I have never heard of any of this. If one of
                                                                  y’all could answer that, please.




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                                                                     Ms. BEYER. Congressman, I would be happy to answer your ques-
                                                                  tion. The airlines have done many things since the mandate was
                                                                  first implemented and gave very specific instructions and directions
                                                                  to the airlines for what is permissible in terms of exemptions to the
                                                                  mask mandate. And those things include very clear communica-
                                                                  tions, what the requirements are at the time of booking, at check-
                                                                  in and throughout that individual’s air travel journey.
                                                                     I am not familiar with the specifics of the case you are referring
                                                                  to, but what I would say is that each of the individual airlines, per
                                                                  the U.S. Government requirements, have individual processes for
                                                                  individuals to apply for those exemptions, and I do know that the
                                                                  majority of those exemptions that are granted are given to younger
                                                                  children with cognitive or other disabilities.
                                                                     Mr. BURCHETT. OK. Well, this is a 2-year-old. You might want
                                                                  to look it up. It is Chaya, C-H-A-Y-A, Bruck was the mama, and
                                                                  it was her 2-year-old child, Dina, that this involved.
                                                                     I would like to note, too. I am often on the plane, and they an-
                                                                  nounce that it is Federal law that we have to wear a mask. Could
                                                                  somebody please direct me to the code where that is, in fact, the
                                                                  Federal law that you have to wear a mask, or is this a rule that
                                                                  we have designated to the FAA to, in fact, enforce, but yet, we have
                                                                  not put it on paper? I am curious.
                                                                     Ms. BEYER. So, Congressman, I am happy to take that as well.
                                                                  The transportation Federal mask mandate is a regulation imposed
                                                                  on airlines and airports and transportation nonaviation partners
                                                                  through an order of the CDC, as well as a security directive issued
                                                                  by the Transportation Security Administration.
                                                                     Mr. BURCHETT. But is that, in fact, a law? They state very clearly
                                                                  over the microphone, and I suspect it would be time you could be
                                                                  informing folks that have disabled children of what they need to
                                                                  do. You tell us that it is, in fact, a Federal law that you have to
                                                                  wear a mask.
                                                                     Ms. BEYER. I would defer to my Federal agency counterparts
                                                                  about the underlying statutory authority, but it is, indeed, a Fed-
                                                                  eral requirement that is imposed on the operators of transpor-
                                                                  tation.
                                                                     Mr. BURCHETT. OK. Mr. Bidwell, you mentioned that airport law
                                                                  enforcement should be provided the flexibility to prioritize the re-
                                                                  sponse to unruly passenger incidents. Can you be a little more spe-
                                                                  cific on what these flexibilities are and what you have in mind?
                                                                     Mr. BIDWELL. Thank you, Congressman Burchett. Yes. Airport
                                                                  law enforcement has a number of competing requirements when
                                                                  they are called upon to respond when called by an airline. It can
                                                                  be for an unruly passenger incident; it could be for a mask-related
                                                                  incident; or it could be for some other related activity. And by regu-
                                                                  lation, they are compelled to respond to the gate when called by the
                                                                  airlines.
                                                                     But our recommendation is that airport law enforcement be
                                                                  given the discretion to prioritize the response to unruly passenger
                                                                  incidents over mask-related incidents or other incidents.
                                                                     Mr. BURCHETT. OK. Thank you, and I yield——
                                                                     Mr. BIDWELL. Those take precedence, of course.
                                                                     Mr. BURCHETT. I yield the remaining—my last 3 seconds to Rep-
                                                                  resentative Cohen.




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                                                                     Mr. COHEN. God bless your mother and father.
                                                                     Mr. LARSEN. The gentleman’s time has expired.
                                                                     The Chair recognizes Representative Williams of Georgia for 5
                                                                  minutes.
                                                                     Ms. WILLIAMS OF GEORGIA. Good morning, everybody, and thank
                                                                  you, Chair Larsen, for holding this important hearing today. And
                                                                  thank you to all of the witnesses for testifying and being here in
                                                                  what I did not anticipate being a hostile witness situation.
                                                                     Y’all, my district is home to Hartsfield-Jackson Atlanta Inter-
                                                                  national Airport, our Nation’s busiest and most efficient airport.
                                                                  Many of the people that you will see working there are my con-
                                                                  stituents, and these folks help so many of us like me get to work
                                                                  every week here in DC and help us travel across our country and
                                                                  our world, and they prioritize passenger safety in their work every
                                                                  single day. It is personal to me that here in Congress, that we
                                                                  prioritize their safety as well. I am dedicated to protecting my con-
                                                                  stituents from verbal and physical abuse, and disruption as they
                                                                  continue to do their jobs and serve our travelers. Today’s hearing
                                                                  will help us best prevent and respond to rising cases of air rage.
                                                                     Ms. Nelson, Chair DeFazio touched on this earlier, but I want to
                                                                  go deeper into this conversation. In your testimony, you mention an
                                                                  abusive passenger can be banned from one airline but then can
                                                                  jump on another carrier. You also recommend creating a database
                                                                  for airlines to share information that will prevent this.
                                                                     So, could you go into detail on what obstacles currently exist for
                                                                  this kind of information-sharing across airlines and tell us any spe-
                                                                  cific recommendations for Congress or regulators to help remove
                                                                  the barriers to information-sharing that would benefit airports, air-
                                                                  lines, workers, and passengers alike?
                                                                     Ms. NELSON. Thank you very much for that question. Yes. We
                                                                  had an incident where one regional carrier was providing service
                                                                  for a mainline carrier, so this was not—this, in the passenger’s
                                                                  eyes, was the same airline, actually, and an incident occurred on-
                                                                  board a flight, attacked a crew. The passenger was banned from
                                                                  that airline after the fact, but the passenger got off the flight, went
                                                                  on to their next flight, and continued to be a problem on the next
                                                                  flight performing for a different carrier.
                                                                     So, if we simply have a coordination that can be coordinated from
                                                                  the FAA, Chairman DeFazio was referring to this earlier, there are
                                                                  potentially some issues to work through in terms of how this infor-
                                                                  mation is shared. It is my understanding that through the contract
                                                                  of carriage, the airlines already have the ability to share this for
                                                                  safety reasons. And there could be a coordination through the FAA
                                                                  where airlines are, in real time, sharing that information about
                                                                  problem passengers so that other airlines can be flagged, and that
                                                                  can be flagged in their system so that they can identify that and
                                                                  assess the conditions and take appropriate actions at their airline
                                                                  as well.
                                                                     Ms. WILLIAMS OF GEORGIA. Thank you, Ms. Nelson. You also
                                                                  mentioned in your testimony that 71 percent of flight attendants
                                                                  who file incident reports did not get followup. Could you provide
                                                                  some best practices for a process of following up on incident reports
                                                                  and how important it is that this kind of process not only addresses




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                                                                  the incident itself, but also ensures that workers know that steps
                                                                  are being taken for their safety?
                                                                     Ms. NELSON. Yes. Thank you very much for that question. I do
                                                                  not believe that it means that 71 percent of the time that the air-
                                                                  lines are not taking action. The importance of following back up
                                                                  with crew to let them know that action was taken is very impor-
                                                                  tant for backup of that crew, because the next time they go to their
                                                                  flight and they are abused or attacked or experience another one
                                                                  of these incidents, they are less likely, if they believe that nothing
                                                                  is going to happen, to report it, so we have a break in the safety
                                                                  chain there. And then, also, it is possible that they are hesitant to
                                                                  even take action to enforce safety compliance, which leads to an
                                                                  unsafe condition because they don’t believe that they have that
                                                                  backup.
                                                                     So, simply having the staff, and I will say, this is a challenge in
                                                                  this era of coronavirus. Everyone has cut back. But having a proc-
                                                                  ess at each airline where there is a simple followup to those re-
                                                                  ports, that they have been received, they are being acted on. In not
                                                                  every case can the flight attendants be given all the actions that
                                                                  are being taken, but letting them know their report was received
                                                                  and being acted on is going to help facilitate better safety onboard,
                                                                  because that crewmember then goes back to do their job as they
                                                                  are required to do, and doesn’t have any hesitancy in doing it.
                                                                     Ms. WILLIAMS OF GEORGIA. Thank you.
                                                                     And thank you, Mr. Andrews, for sharing your testimony today.
                                                                  Thank you especially for sharing an incident that I know couldn’t
                                                                  be easy to talk about. The racism and rage that you endured are
                                                                  unacceptable, and I want to be sure that we can do all we can to
                                                                  stop air rage incidents before they occur, so that dedicated airline
                                                                  industry workers like yourself can do the job that you love to do.
                                                                     Of the recommendations in your testimony to protect workers
                                                                  from unruly passengers, which would make the biggest and most
                                                                  immediate impact in preventing incidents of air rage? And I am out
                                                                  of time.
                                                                     Mr. LARSEN. The gentlewoman’s—yeah.
                                                                     Ms. WILLIAMS OF GEORGIA. If you could give that answer to me
                                                                  because I would love to find some immediate impacts that we could
                                                                  do in this committee to help keep everyone safe in our air.
                                                                     Thank you, Mr. Chairman, and I yield back.
                                                                     Mr. LARSEN. Thank you. I will take that question for the record,
                                                                  please.
                                                                     And the Chair now recognizes Representative Nehls of Texas for
                                                                  5 minutes.
                                                                     Mr. NEHLS. Mr. Chairman, thank you.
                                                                     The American people want to feel safe and secure when flying,
                                                                  and it is important to provide those same protections to airline em-
                                                                  ployees. I thank all the witnesses for being here and appreciate
                                                                  what you do each and every day. However, I am discouraged by the
                                                                  fact this committee hearing does not have witnesses from agencies
                                                                  that are charged with protecting airline passengers and their em-
                                                                  ployees. The FAA, TSA, DOJ, FBI, they are all absent, and this
                                                                  makes no sense to me.
                                                                     It is unfortunate our airline employees are facing difficult times.
                                                                  It is unfortunate flight attendants are tasked with enforcing man-




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                                                                  datory mask mandates on children 2 years old. It is unfortunate
                                                                  flight attendants are required to patrol up and down the aisles, en-
                                                                  suring small children are complying with these mask mandates.
                                                                     And it is unfortunate these same flight attendants are tasked
                                                                  with reporting these children and their families to authorities.
                                                                     It is also unfortunate these families, after explaining to the flight
                                                                  attendant that their child suffers from anxiety or are autistic or
                                                                  suffers from asthma, which places that child in an unnecessary
                                                                  health risk, will be forcibly removed, if necessary, from that flight.
                                                                     [Reading from a poster] ‘‘I was not refusing a mask. Nor did I
                                                                  even say I wouldn’t try to keep a mask on my son. We were es-
                                                                  corted off the plane as I was holding a mask over his little face.
                                                                  I genuinely don’t have words.’’
                                                                     And, quite honestly, I wouldn’t know what to say to that mother.
                                                                     It is important to note this administration is flying illegal immi-
                                                                  grants around our country on commercial airlines using taxpayer
                                                                  dollars with many of them not tested for COVID–19. The hypocrisy
                                                                  of this administration may be a contributing factor to increased
                                                                  tension on our airline employees. Testimony of one witness today
                                                                  stated 75 percent of reports related to unruly passengers are re-
                                                                  lated to mask noncompliance. I would like to see that data as to
                                                                  how many of those reports were related to families with small chil-
                                                                  dren. But, of course, without having representatives from the FAA
                                                                  here, I don’t believe I will receive an answer.
                                                                     But I do have a question for you, Ms. Beyer. In your testimony,
                                                                  you stated that Federal cooperation will be critical to fighting air
                                                                  rage. What actions taken by the Federal Government have been
                                                                  most effective so far at helping the airlines maintain safety and se-
                                                                  curity in regard to air rage?
                                                                     Ms. BEYER. Thank you, Congressman, for the question. I think
                                                                  it has been stated many times that we all have a role to play in
                                                                  addressing these issues, both the United States Government and
                                                                  the industry. In terms of specifically what the Government has
                                                                  done that has been helpful to our efforts, we do applaud the Fed-
                                                                  eral Aviation Administration for their efforts with the zero-toler-
                                                                  ance policy for maintaining that policy, but also, in particular, for
                                                                  the transparency in publicizing the outcomes of the cases that they
                                                                  have adjudicated, and also publicizing the penalties involved. We
                                                                  think that that is a strong deterrent to future misbehavior inci-
                                                                  dents.
                                                                     And back to what Ms. Nelson had offered earlier on that feed-
                                                                  back loop to industry about what happens with those cases. It is
                                                                  extremely helpful to the airlines so that we can continue to adjust
                                                                  our policies and approaches to deal with these issues but also to
                                                                  ensure that we have the information to provide to our employees
                                                                  about what is being done after an incident occurs.
                                                                     Mr. NEHLS. Thank you, Ms. Beyer, for your answer. And I think
                                                                  that it would be very helpful to the airline industry and all of its
                                                                  employees if this administration would actually comply with some
                                                                  of the rules and regulations they want everyone else to follow. You
                                                                  can see behind me [indicating a poster] with good old Mr. Kerry
                                                                  here, and a bunch of crazies from Texas flying to DC, leaving Texas
                                                                  doing their job, leaving Texas, flying up to Washington, DC. Do you




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                                                                  see any of them with masks on? Where is the outrage from the air-
                                                                  lines there? Where is the outrage from the administration?
                                                                     I hope we give these individuals fines. Are we fining them? I
                                                                  don’t think so. It is an outrage, quite honestly. Thank you for being
                                                                  here.
                                                                     Mr. LARSEN. The gentleman’s time has expired.
                                                                     The Chair recognizes Mr. Johnson of Georgia for 5 minutes.
                                                                     Mr. JOHNSON OF GEORGIA. Thank you, Mr. Chairman, for holding
                                                                  this hearing, and thank you to the witnesses for your time and tes-
                                                                  timony.
                                                                     Rage has become the defining emotion of our times, and we wit-
                                                                  nessed rage from Trump and Members of Congress when Trump
                                                                  lost the election. The flying public was pummeled with false claims
                                                                  that the election was stolen. And we all witnessed the rage against
                                                                  Congress spurred on by those same leaders who instigated the infa-
                                                                  mous insurrection on January 6. These are the same leaders who
                                                                  spread the other big lie, that the COVID–19 pandemic is a fraud,
                                                                  you can’t believe Dr. Fauci, and that Democrats are taking away
                                                                  your personal freedom with mask mandates.
                                                                     As a result, people are angry and confused. They get on flights,
                                                                  and they let out their rage after having seen their leaders refuse
                                                                  to follow the rules. They have seen belligerence from the Nation’s
                                                                  highest leaders become acceptable behavior. So, if the leaders can
                                                                  do it and get away with it, they think it is OK for them to do the
                                                                  same thing. So, when they get to the airport, folks feel like they
                                                                  can say and do anything they want because they have been misled
                                                                  into believing that their personal freedom trumps, pun intended,
                                                                  their responsibility to their fellow man or for the common good.
                                                                     Then, politicians blame air flight rage on hypocrisy of those who
                                                                  take off their masks to eat at airport restaurants. Unbelievable.
                                                                  Rage is emboldened by the careless and ill-thought-out actions of
                                                                  leaders who insist the pandemic is unreal and who eschew public
                                                                  health safety measures. Rage in the skies is one of the unfortunate
                                                                  but predictable results.
                                                                     Mr. Andrews, misinformation touted by some public officials is
                                                                  feeding societal distrust and anger towards CDC regulations. What
                                                                  is worse, too many Americans buy into this misinformation, result-
                                                                  ing in a lack of consensus in scientific fact and an erosion of civility
                                                                  in our national discourse. Can you please speak to how important
                                                                  it is that State, local, and national leaders role model best practices
                                                                  for public health and safety, and how essential that signaling is to
                                                                  prevent folks from behaving in a reckless and aggressive manner?
                                                                     Mr. ANDREWS. Thank you for that question, sir. I would agree to-
                                                                  tally that there are mixed messages out there, and that is con-
                                                                  fusing to the public, and at times, makes it very difficult for flight
                                                                  attendants to do our jobs effectively, or challenged to do our job.
                                                                  They leave from one State to another State, from one city to an-
                                                                  other city, where they hear messages from leadership in their par-
                                                                  ticular city or State. They come aboard an aircraft when we carry
                                                                  passengers from State to State, city to city, and it is very confusing
                                                                  and can be very frustrating at times and make our jobs much more
                                                                  difficult. So, having clear messaging, scientific messaging that is
                                                                  accurate would help all of us.




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                                                                     Mr. JOHNSON OF GEORGIA. Thank you. I admire your profes-
                                                                  sionalism as you maintained your cool while under attack. The bla-
                                                                  tantly racist, sexist, and homophobic character of airplane rage is
                                                                  alarming. Is there a need, sir, to elevate the safety concerns of
                                                                  Black Americans and flight attendants of color? And, Ms. Nelson,
                                                                  anger and violence are disproportionately targeted towards female
                                                                  flight attendants, and we have heard that crewmembers are often-
                                                                  times reticent to file charges against an assault. How can Congress
                                                                  support crewmembers, especially women, so that they feel empow-
                                                                  ered to file charges against assaults on flights.
                                                                     And starting with you, please, Mr. Andrews.
                                                                     Mr. ANDREWS. Thank you for that——
                                                                     Mr. JOHNSON OF GEORGIA. In 30 seconds or less. Mr. Andrews.
                                                                     Mr. ANDREWS. Thank you for that question. It is no mistake or
                                                                  no unknown fact that flight attendants of color have been dispar-
                                                                  aged on numerous occasions. And I think that there would be help-
                                                                  ful and necessary steps to better those so that it is not happening
                                                                  as frequently as it is.
                                                                     Mr. JOHNSON OF GEORGIA. OK. Thank you.
                                                                     Ms. Andrews [sic].
                                                                     Ms. NELSON. Congressman Johnson, I believe you are referring
                                                                  to me, Sara Nelson.
                                                                     Mr. JOHNSON OF GEORGIA. I am sorry, Ms. Nelson.
                                                                     Ms. NELSON. That is all right.
                                                                     I think clarity about what we expect, absolute respect among
                                                                  each other. I do want to note that all of the witnesses here today,
                                                                  and all of the representatives across the industry have worked very
                                                                  closely together. Unions, companies, airports, airlines, we have
                                                                  worked closely together during this pandemic, and frankly, we have
                                                                  fared better because of that. But when we had the backing from
                                                                  the Federal Government about the actions that we were taking to
                                                                  keep everyone safe, that made all of us safer, and it made it——
                                                                     Mr. LARSEN. The gentleman’s time has expired. If you could wrap
                                                                  it up.
                                                                     Ms. NELSON. And it made it possible, actually, for flight attend-
                                                                  ants to feel more empowered to report these events regardless of
                                                                  the way that they have been dismissed or disposed of before based
                                                                  on gender or love or their race.
                                                                     Mr. LARSEN. Thank you, Ms. Nelson.
                                                                     The Chair recognizes Representative Katko of New York for 5
                                                                  minutes.
                                                                     Mr. KATKO. Thank you, Mr. Chairman, and thank you all for
                                                                  being here. Prior to coming to Congress, I was a Federal organized
                                                                  crime prosecutor for 20 years, and I have an immense amount of
                                                                  respect for the rule of law. And what I am hearing today from both
                                                                  sides is not so much a focus on that as it is trying to blame some-
                                                                  one.
                                                                     The bottom line is, the problem on airplanes is very troubling,
                                                                  the problem on airplanes is very real. And it is not a Democratic
                                                                  issue, it is not a Republican issue, it is not a political issue. I do
                                                                  believe it is just a general disrespect for the rule of law that per-
                                                                  meates many aspects of our society today. And unless we enforce
                                                                  the rule of law, we are going to continue to have these types of
                                                                  problems. So, I strongly urge my colleagues on the committee and




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                                                                  my colleagues in Congress to help the airline industry enforce the
                                                                  rules of law on this. And it is not about masks. It is not about indi-
                                                                  vidual freedoms. It is not about arrogance. It is not about catching
                                                                  someone with their mask off. It is about enforcing the rule of law
                                                                  and enforcing it uniformly across the way.
                                                                     When I first came into Congress, I spent a lot of time with TSA
                                                                  as chairman of the subcommittee overseeing TSA. And now as
                                                                  ranking member, the rule of law is an issue I take very seriously.
                                                                  And one of the things I am concerned about with respect to airline
                                                                  safety is something we have worked very hard on in Homeland Se-
                                                                  curity, is what is going to be the impact of airline safety with the
                                                                  new developments in Afghanistan and the potential for al-Qaida
                                                                  and other nefarious groups there that want to do harm to the
                                                                  United States? What impact does that have on the airline industry
                                                                  again? And what concerns does that generate for you all, especially
                                                                  when you look at it through the prism of this complete misbehavior
                                                                  on airplanes and airlines today.
                                                                     I have heard concerns directly from stakeholders in the aviation
                                                                  community that facing these threats at the same time could
                                                                  amount to a perfect storm, jeopardizing the safety of our aviation
                                                                  workers and travelers as well as our national security.
                                                                     So, with this in mind, I would like to hear from the panel about
                                                                  how their organizations perceive these threats. And I am particu-
                                                                  larly interested in how unruly passengers may have disrupted
                                                                  basic security operations or required the diversion of resources,
                                                                  more importantly, that are typically intended to address major sys-
                                                                  temic threats, such as terrorist activities.
                                                                     For example, I know that the air marshals have to spend an ex-
                                                                  traordinary amount of time dealing with this misbehavior and
                                                                  maybe, maybe, will miss at some point some signs they should
                                                                  have seen of people that are really intending to do an awful lot of
                                                                  harm to the American people in general. So, with that as an over-
                                                                  view, I would like to ask Ms. Beyer, first, if you could give me your
                                                                  thoughts on this?
                                                                     Ms. BEYER. Sure. Thank you, Congressman. It is nice to see you.
                                                                     Mr. KATKO. Nice to see you as well.
                                                                     Ms. BEYER. So, I mean, the short answer is from a 10,000-foot
                                                                  perspective, unfortunately, as an industry, we are used to facing a
                                                                  number of different threats all at the same time. It doesn’t make
                                                                  it any easier. We certainly have been extremely concerned, as I
                                                                  voiced already, throughout this past year that these unruly pas-
                                                                  senger incidents not only threaten the safety of everyone onboard
                                                                  but, as has been noted, can be a distraction onboard the aircraft.
                                                                     In terms of the threats, whether it is the evolving situation in
                                                                  Afghanistan or anywhere else in the world, we are constantly eval-
                                                                  uating how those threats are evolving in concert with the Govern-
                                                                  ment partners so that we understand those direct or indirect
                                                                  threats, and so that we can quickly respond with any additional
                                                                  measures that may be necessary.
                                                                     In addition to our coordination with the Government so that we
                                                                  understand those threats, we also rely on our own independent re-
                                                                  sources in all the places in which we operate around the world, so
                                                                  that we have a good picture of all of the threats that we may be
                                                                  faced with.




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                                                                    Mr. KATKO. Thank you very much.
                                                                    Anyone else want to weigh in on this issue? We have about 1
                                                                  minute left.
                                                                    Ms. NELSON. Congressman Katko, I want to thank you very
                                                                  much for your partnership and your very clear focus on aviation se-
                                                                  curity. You have been absolutely wonderful to work with. And you
                                                                  are right to recognize that after 9/11, we put in place emergency
                                                                  orders to keep all of us safe. And you are very right to recognize
                                                                  also that these disturbances on the airplanes, and the number of
                                                                  them are distracting us from the issue that we have been going to
                                                                  work with for the past 20 years, recognizing that there is and will
                                                                  continue to be a threat against commercial aviation, the worst of
                                                                  which would be using our commercial jets, again, as weapons. We
                                                                  need the secondary barriers installed, as you have supported, and
                                                                  we need to focus on this.
                                                                    But these distractions onboard do nothing to help us address
                                                                  what Ms. Beyer was just referring to in the constant evolving na-
                                                                  ture of the threats and addressing the fact that we have several
                                                                  threats going on at the same time, having the best communication
                                                                  to the crews to be able to address that and staying focused on it
                                                                  and everyone able to do their job.
                                                                    Mr. KATKO. Thank you, Mr. Chairman. I yield back.
                                                                    Thank you, folks, for your testimony.
                                                                    Mr. LARSEN. Thank you.
                                                                    The Chair recognizes Ms. Holmes Norton of Washington, DC, for
                                                                  5 minutes.
                                                                    Ms. NORTON. Thank you, Mr. Chairman, for this important hear-
                                                                  ing.
                                                                    My first question is to Ms. Nelson. It is not as if there has been
                                                                  no recognition of the presence of unruly passengers, and yet, we
                                                                  are having to hold this hearing this morning. I took note of the fact
                                                                  that the FAA Administrator, Steve Dickson, had issued an order
                                                                  enforcing, whatever that means, a zero-tolerance policy against vio-
                                                                  lent or threatening passengers. So, I have to ask you: How consist-
                                                                  ently is this zero-tolerance policy enforced? How is it enforced?
                                                                    Ms. NELSON. Thank you, Congresswoman Holmes Norton. I ap-
                                                                  preciate your support. And you, of course, were a part of working
                                                                  with our union almost two decades ago to put in place penalties for
                                                                  interfering with flightcrews, penalties, both in terms of jail time
                                                                  and fines.
                                                                    The FAA has in the past addressed these issues as they come,
                                                                  sometimes issuing warnings to people. When FAA Administrator
                                                                  Steve Dickson announced that there would be a zero-tolerance pol-
                                                                  icy on January 13, he was recognizing that there was a new threat
                                                                  here that we were just discussing with Mr. Katko, and that needed
                                                                  to be clearly communicated that the FAA would not be offering any
                                                                  warnings but would be taking action directly on any of these occur-
                                                                  rences.
                                                                    Now, we need to staff up. We need to have more time to deal
                                                                  with that for the investigators who are dealing with it. So, on the
                                                                  enforcement side, there is more that we could do to support the
                                                                  FAA’s work in that, and we also need DOJ to take their role more
                                                                  aggressively on enforcing the criminal prosecutions around that.




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                                                                     But the zero-tolerance policy is one that says there will not be
                                                                  a second chance. Every single report that is received, and they are
                                                                  addressing this now in a priority order, it used to be first in, first
                                                                  out, but they are taking it priority order so the severity of the case
                                                                  first, that those are being addressed immediately, and there is no
                                                                  consideration of a warning to those passengers. There will be ac-
                                                                  tion taken once enough evidence is received to be able to take that
                                                                  action.
                                                                     Ms. NORTON. Is DOJ prosecuting?
                                                                     Ms. NELSON. DOJ, to my knowledge, has only prosecuted one
                                                                  case at this point. There are many cases that DOJ could take up,
                                                                  and we need DOJ to take more aggressive action. And, as you
                                                                  know, and as you have heard, alcohol has been a major contributor.
                                                                  We believe that when people start to actually face jail time, there
                                                                  is going to be a lot of sobering up around the country, and we will
                                                                  not have these bad actors, who are a few among the millions who
                                                                  travel every day, disrupting the safety and security of everyone
                                                                  else.
                                                                     Ms. NORTON. I would ask the chairman to indicate to the Depart-
                                                                  ment of Justice that a deterrent policy is very much needed. If we
                                                                  could ramp up prosecutions, I think it would have an effect.
                                                                     Ms. NELSON. Very much.
                                                                     Ms. NORTON. Ms. Beyer, I would be interested in knowing what
                                                                  factors influence an airline’s decision to place an unruly passenger
                                                                  on an internal no-fly list. Is that passenger notified? I would be
                                                                  very interested in how one gets on that list. Ms. Beyer.
                                                                     Ms. BEYER. Certainly, Congresswoman. So, the internal airline
                                                                  no-fly lists were created as a mechanism for airlines to handle indi-
                                                                  vidual cases of passengers pre-pandemic, and it has really just
                                                                  come into the spotlight post-pandemic. Primarily, they have been
                                                                  used as a mechanism to prevent further travel of that individual
                                                                  for egregious mask violations, and certainly for unruly passengers.
                                                                     Each airline has their own internal process once a report is re-
                                                                  ceived from crewmembers for conducting their own investigations
                                                                  to determine the details and specifics of that case, before making
                                                                  a final determination that the criteria has been met to add them
                                                                  to that list. And I know that a number of my member airlines have
                                                                  publicly shared on numerous occasions how many individuals, un-
                                                                  fortunately, have already been added to those lists just this year.
                                                                     Ms. NORTON. Could I ask Mr. Bidwell? In your testimony, you in-
                                                                  dicated——
                                                                     Mr. LARSEN. The gentlewoman’s time has expired.
                                                                     Ms. NORTON. Thank you, Mr. Chairman.
                                                                     Mr. LARSEN. The Chair recognizes Representative Balderson of
                                                                  Ohio for 5 minutes.
                                                                     Mr. BALDERSON. Thank you, Mr. Chairman, and I thank every-
                                                                  one here this morning, and all that you do in the airline industry
                                                                  and making sure that we are all taken care of and all the people
                                                                  across America. I really apologize for what has been going on and
                                                                  what you are having to deal with.
                                                                     I am going to kind of go in a little bit of a different direction,
                                                                  though, and talk about some of the staffing and how that might
                                                                  have been impacted. We know that staffing levels across the coun-
                                                                  try, and the aviation industry itself has—have you all seen any




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                                                                  changes in that, staffing levels? And that can be directed to Ms.
                                                                  Beyer, but Ms. Nelson, and Mr. Andrews, you are more than wel-
                                                                  come to comment on that also.
                                                                     Ms. BEYER. Thank you, Congressman. I am happy to start. Cer-
                                                                  tainly, I don’t need to tell this committee that the pandemic had
                                                                  a huge impact on the airline industry and our staffing levels.
                                                                  Again, we are extremely grateful for the multiple rounds of support
                                                                  through the Payroll Support Program to ensure that we could keep
                                                                  all of the employees who wanted to remain with our companies on
                                                                  payroll and ready to serve the traveling public.
                                                                     We have focused specifically on the unruly passenger issues
                                                                  throughout this year to ensure that we have appropriate staffing.
                                                                  This is one of the best practices that we have been talking about,
                                                                  ensuring things like having additional supervisors, or airline secu-
                                                                  rity personnel, who are available to respond to the gates when
                                                                  there is an incident, and it is something that we continue to evalu-
                                                                  ate.
                                                                     Ms. NELSON. Mr. Balderson, I will just add to that to say that
                                                                  we have two different issues of staffing. Of course, what you recog-
                                                                  nize has happened during the pandemic which Ms. Beyer referred
                                                                  to. We kept people in their jobs and connected to their certifications
                                                                  and security credentials, but there was a lapse in funding from Oc-
                                                                  tober 1 to the end of December.
                                                                     And so, this summer, we saw some of the hangover of that be-
                                                                  cause as you have people out of their jobs—and I should say it
                                                                  wasn’t just the involuntary furloughs. It was also the voluntary re-
                                                                  quests for furloughs that airlines across the industry requested.
                                                                  Getting those people back into training and getting those certifi-
                                                                  cations back in place takes time. And, in fact, we are almost just
                                                                  now getting through getting everyone back on staff.
                                                                     Separately, prior to the pandemic, staffing at the gates and on
                                                                  the planes was cut down to minimum staffing, and so, we are still
                                                                  at those minimum staffing levels, and it does make it very difficult.
                                                                  I want to applaud this Congress for putting TSA on the general
                                                                  schedule because as we know, some of those staffing problems are
                                                                  about being able to attract people to the jobs. And so, increasing
                                                                  that pay and addressing those benefits and those collective bar-
                                                                  gaining agreements will make the jobs more attractive for people
                                                                  to come to.
                                                                     Finally, I would just note that the concessionaires had a very dif-
                                                                  ficult time at the airports, and they are not all back up and run-
                                                                  ning. We don’t have all the staff there. And one of the issues that
                                                                  we have is very long lines at places where people are trying to get
                                                                  food in the airport. Crews have a difficult time getting food. And
                                                                  so, staffing up across the airport is an issue, and also reduces the
                                                                  number of people with eyes and ears to be able to remind people
                                                                  on those masks and do this in a deescalating, nonconfrontational
                                                                  way so that we can have consistent messaging across the board.
                                                                     Mr. BALDERSON. Thank you, Ms. Nelson. That was great.
                                                                     Mr. Andrews, would you like to add anything?
                                                                     Mr. ANDREWS. Thank you for that question, and thank you for
                                                                  this opportunity. I, too, saw a very significant impact to us, and I
                                                                  am thankful for the Payroll Support Program that did allow a lot
                                                                  of our flight attendants to still keep our jobs. And the summer was




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                                                                  very challenging. We have seen an uptick with a lot of flight at-
                                                                  tendants being able to come back here at American Airlines. I
                                                                  think we brought—the last set of flight attendants who were on
                                                                  furlough are coming back in November and December, so that will
                                                                  help to improve the shortage onboard the aircrafts as well.
                                                                     Mr. BALDERSON. Thank you all very much, and Mr. Chairman,
                                                                  I yield back my remaining time. Thank you.
                                                                     Mr. KAHELE [presiding]. All right. Thank you.
                                                                     The Chair would like to now recognize Mr. Stanton for 5 min-
                                                                  utes.
                                                                     Mr. STANTON. Thank you very much, Mr. Chair, and I want to
                                                                  thank Chairman Larsen for holding this very important hearing. I
                                                                  want to thank each of the witnesses for your outstanding testimony
                                                                  today. Mr. Andrews, I just want to acknowledge you and say I am
                                                                  so sorry about the incident of violence that you described earlier
                                                                  that you were the victim of.
                                                                     As someone who is fortunate to travel twice a week to my job in
                                                                  Washington, DC, I am deeply concerned about the sharp increase
                                                                  in the number of incidents of disruptive passengers reported by air-
                                                                  line crews. Flight attendants, they are on the front lines in dealing
                                                                  with the escalation and disruptive behavior from passengers, and
                                                                  they need the tools and support at all levels, the Federal Govern-
                                                                  ment, from airports, airlines, and others to deal with these chal-
                                                                  lenges. Their primary job is the safety of passengers and crew; yet,
                                                                  they are all too frequently finding themselves in difficult situations
                                                                  every day working to deescalate situations, whether verbal or phys-
                                                                  ical, that have the potential to impact safety.
                                                                     Many of the incidents we have seen reported have been on
                                                                  planes while in flight, but we are also witnessing disruptions with-
                                                                  in our airports. In the past year, staff at Phoenix Sky Harbor Air-
                                                                  port in my State and local police have responded to nearly 3,000
                                                                  calls of customers being disruptive or assaulting employees or fel-
                                                                  low passengers. This is a significant increase from the previous
                                                                  year, and it is not uncommon for our local police to be called to
                                                                  meet a flight with a passenger who has disrupted or interfered
                                                                  with flightcrew.
                                                                     My first question is for Mr. Andrews. In your written testimony,
                                                                  you describe your experience as a flight attendant, and you de-
                                                                  scribe many initiatives that you are advocating for, and I just want
                                                                  to talk about a few of these potential initiatives. Quote, ‘‘No. 8—
                                                                  increased police and security presence in airports, No. 9—increased
                                                                  monitoring of passengers through the airport, TSA, and prior to
                                                                  boarding, No. 10—consistent enforcement of the mask mandate
                                                                  throughout the airport and security.’’ Can you describe what you
                                                                  are witnessing in airports and what leads you to make these spe-
                                                                  cific recommendations?
                                                                     Mr. ANDREWS. Thank you for that question, sir. I am noticing on
                                                                  a regular basis when I am traveling to and for to work that there
                                                                  is minimal police presence. There is a shortage in TSA staffing that
                                                                  is impacting how many people can get through or how people are
                                                                  monitored. A shortage at gates, of gate agents that is impacting
                                                                  whether or not we have the staffage to cover and monitor pas-
                                                                  sengers as they are boarding the aircraft. Those are some of the
                                                                  things that are leading to some of those suggestions.




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                                                                     Mr. STANTON. Thank you so much.
                                                                     Not only have we witnessed unruly passenger incidents and pas-
                                                                  sengers ignoring the Federal mask mandate onboard aircraft, but
                                                                  we have seen this kind of activity in the airports themselves. Pas-
                                                                  sengers can be seen without their masks within airports, even
                                                                  though individuals in airports are required by law to wear them.
                                                                     This is my question for Mr. Bidwell. What role are airports cur-
                                                                  rently playing in enforcing Federal and sometimes local mask man-
                                                                  dates within airport terminals?
                                                                     Mr. BIDWELL. Congressman Stanton, thanks very much for that
                                                                  the question. Airports do their due diligence to enforce Federal se-
                                                                  curity requirements, including the mask mandate. A key part of
                                                                  enforcing the mask mandate is providing support to their airline
                                                                  partners. In order to address incidents on the ground, some air-
                                                                  ports have encouraged airline representatives to call airport law
                                                                  enforcement at the first sign of a disturbance.
                                                                     And I would also note that just to address something that was
                                                                  mentioned previously, a majority of mask-related incidents do not
                                                                  occur at the airports, and again, just reiterate our support for TSA
                                                                  having increased the civil penalties for violations of the mask man-
                                                                  date.
                                                                     Mr. STANTON. Thank you. Obviously, this Congress has been
                                                                  very supportive of the industry through the PSP. Thank you to the
                                                                  leadership of President Nelson. We have all been very supportive
                                                                  of the Nation’s airports, knowing how important it is for our econ-
                                                                  omy, especially during and to get us out of the pandemic crisis.
                                                                     But, Mr. Bidwell, what additional resources do you think airports
                                                                  need now to ensure better enforcement of mask mandates?
                                                                     Mr. BIDWELL. I think that there have been a number of things
                                                                  that have been done that really assist in this regard. As I men-
                                                                  tioned, TSA has increased the civil personalities. I think another
                                                                  key component of that is for TSA to publicize the number of civil
                                                                  penalty actions instituted against violators of the mask require-
                                                                  ments, much like FAA does in publicizing the civil penalties im-
                                                                  posed on unruly passengers.
                                                                     Mr. STANTON. Looks likes I am out of time, so I have to yield
                                                                  back. Thank you very much for those answers.
                                                                     Mr. KAHELE. All right. Thank you.
                                                                     The Chair would like to now recognize Mr. Fitzpatrick for 5 min-
                                                                  utes.
                                                                     Mr. FITZPATRICK. Thank you. Thank you to all our panelists for
                                                                  being with us today.
                                                                     Ms. Nelson, thank you for being here. Thanks for the incredible
                                                                  job you do representing the amazing people of the aviation indus-
                                                                  try. And I wanted to just run—or ask two questions, Ms. Nelson.
                                                                     Number one, focusing on the mental health and morale of flight
                                                                  attendants, which obviously is very, very important—they have
                                                                  been put under tremendous stress. They always have a stressful
                                                                  job. It has been incredibly stressful for the past 11⁄2 to 2 years.
                                                                  What can this committee, what can this Congress do to help in that
                                                                  regard? Because oftentimes we are not asking the question, ‘‘What
                                                                  can we be doing to help these amazing public servants?’’
                                                                     Ms. NELSON. Congressman Fitzpatrick, thank you so much for
                                                                  that and for recognizing what flight attendants have been through.




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                                                                  And I can confirm that the mental health has been under strain,
                                                                  for sure. Our calls to our EAP have been through the roof.
                                                                     And so, what I would say to you is exactly what you have talked
                                                                  about so clearly, and I just want to reflect, because we just went
                                                                  through the 20th remembrance of September 11. And I just want
                                                                  to remind people that we were trained completely wrong for that
                                                                  day. We had the wrong information to be able to address that. But
                                                                  we got information to the ground. Flight attendants did that. And
                                                                  that got to the crew and passengers on flight 93. And the crew and
                                                                  passengers on flight 93 could not be more of a rainbow of America
                                                                  than you would see anywhere else—all gender, races, cultures and
                                                                  creeds, Democrats, Republicans, and Independents.
                                                                     But in a moment’s time, with urgency, they had new information,
                                                                  and they took action together to try to save their own lives, defi-
                                                                  nitely to save our own, very likely to save our United States Cap-
                                                                  itol.
                                                                     And so, what I would say is that what I have heard during this
                                                                  hearing is exactly what the problem is going on the airplane, that
                                                                  people have been led to believe that we are in conflict with each
                                                                  other. But the truth is, this is a small number of people who are
                                                                  acting out. The vast majority of people just want to follow the
                                                                  rules. They want a safe, uneventful flight. They want to take care
                                                                  of each other.
                                                                     Americans love solidarity. We need messaging from leadership
                                                                  that is consistent about what we are doing together to face this cri-
                                                                  sis and how we can come together and support each other in this
                                                                  moment.
                                                                     And that is the single most important thing that we need, is
                                                                  leadership from that level, from every level, from every corner of
                                                                  our leadership, giving consistent messaging about how frontline
                                                                  workers are supported, about how we all have to come together,
                                                                  face this crisis, and do what needs to be done to put it behind us.
                                                                     Mr. FITZPATRICK. Thanks, Ms. Nelson. And you mentioned the
                                                                  20th anniversary of 9/11. I think it had us all reflect and, quite
                                                                  frankly, go back and read the stories that many of us haven’t
                                                                  reread since that awful day. And hearing the heroism of so many
                                                                  of the flight attendants who were on the phone, who had access to
                                                                  the phone, who were rallying passengers on a plane. And it was a
                                                                  flight attendant that called the vote on flight 93. Isn’t that amazing
                                                                  that, at that dire moment, the first thing that Americans thought
                                                                  to do was to take a vote. And we all know how they voted and what
                                                                  the outcome was.
                                                                     Speaking of 9/11, Ms. Nelson, if you could just touch upon H.R.
                                                                  911, a bill that you obviously know I am very, very invested in, sec-
                                                                  ondary barriers. It has been inconsistently applied with regard to
                                                                  new aircraft. It is not even being put in all new aircraft. And cer-
                                                                  tainly, we haven’t even dealt with the retrofitting issue yet.
                                                                     Could you just touch upon that on behalf of the people you rep-
                                                                  resent?
                                                                     Ms. NELSON. Sure. Absolutely. First of all, this committee and
                                                                  Congress took nearly unanimous action in 2018 before this latest
                                                                  crisis to say that all new aircraft need to have that secondary bar-
                                                                  rier installed. This is a recommendation from right after September
                                                                  11th from the Commission, and it has not been done yet, not even




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                                                                  with the new aircraft coming on the line, not to mention retro-
                                                                  fitting.
                                                                     But this is an issue that was identified 20 years ago, to make
                                                                  sure that our aircraft cannot be used as weapons against us. You
                                                                  have already done the work, at least for the new aircraft. It just
                                                                  needs to be implemented. It needs to be implemented yesterday,
                                                                  and we need to take additional steps to pass legislation to make
                                                                  sure that this is put onto all of our aircraft, because this is an area
                                                                  of vulnerability.
                                                                     I would only add with that, that the secondary barriers and
                                                                  crewmember self-defense training were both recommendations that
                                                                  were supposed to be implemented and really should be, because
                                                                  this is an area where we have a hole in our security right now. And
                                                                  thank you so much for your leadership on this.
                                                                     Mr. FITZPATRICK. Thank you. I yield back, Mr. Chairman.
                                                                     Mr. KAHELE. Thank you.
                                                                     The Chair would like to now recognize Ms. Johnson from Texas.
                                                                     Ms. JOHNSON OF TEXAS. Thank you very much, Mr. Chairman.
                                                                  I must admit that I have had to dip in and out of this meeting for
                                                                  another one, but I want to express my appreciation for this very
                                                                  important hearing and for the witnesses to be present.
                                                                     I would like to ask unanimous consent to put my opening re-
                                                                  marks in the record so I won’t have to read them.
                                                                     [Pause.]
                                                                     Oh, well, just yesterday, in fact, my hometown newspaper, the
                                                                  Dallas Morning News, an article entitled, ‘‘Go inside a flight at-
                                                                  tendant self-defense class as threats of violence fill the air,’’ de-
                                                                  scribed how Federal air marshals are teaching flight attendants to
                                                                  defend themselves against belligerent passengers, generally in re-
                                                                  sponse to the resistance to wear a mask.
                                                                     Now, I represent an area where the Dallas-Ft. Worth TSA office
                                                                  is, which encompasses the nearby headquarters of American Air-
                                                                  lines and Southwest Airlines, both are very large carriers from my
                                                                  district.
                                                                     And I hope this question has not been asked, but I would like
                                                                  to point it to Ms. Nelson, but I would like to hear any other com-
                                                                  ments from other witnesses.
                                                                     Your testimony makes multiple references to the lack of assault
                                                                  investigations and that serious punishment for the offenders, even
                                                                  though stipulated by Federal law, is rarely carried out by the De-
                                                                  partment of Justice. What do you think can be done to rectify this,
                                                                  and is there anything that this committee can do?
                                                                     Ms. NELSON. Thank you so much, Congresswoman Johnson.
                                                                     Mr. KAHELE. Hold on 1 second, Ms. Nelson.
                                                                     Ms. Johnson, can you please turn your video on, if you can,
                                                                  please, your video monitor?
                                                                     Ms. JOHNSON OF TEXAS. Yes.
                                                                     Mr. KAHELE. All right. Go ahead, Ms. Nelson.
                                                                     Ms. JOHNSON OF TEXAS. Here I am in person.
                                                                     Mr. KAHELE. Thank you.
                                                                     Ms. NELSON. Lovely to see you, and it was great to see you at
                                                                  Dallas Airport last month. So, thank you for the question.




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                                                                     We already have statute. DOJ already has authority under the
                                                                  law to prosecute, and we do need encouragement from this Con-
                                                                  gress to encourage DOJ to take those actions.
                                                                     To my knowledge, so far, they have only taken up one case of
                                                                  these incidents that have occurred since the beginning of 2021. So,
                                                                  we need a greater attention on that, and there is—representatives
                                                                  from across the industry have signed a letter long ago asking for
                                                                  DOJ to take that action.
                                                                     So, all of us have made it very clear that we believe that we need
                                                                  to make it clear to the public about the seriousness of this, of these
                                                                  disruptions in the air, and how it can have such a dramatic impact
                                                                  on safety and security of our air travel.
                                                                     And we all know that when safety and security is in question,
                                                                  people don’t buy tickets, because they want to take that for grant-
                                                                  ed. So, it is our economic security at stake as well.
                                                                     Ms. JOHNSON OF TEXAS. Thank you very much.
                                                                     Any other witness like to comment on that?
                                                                     Ms. BEYER. Yes, Congresswoman. I would just simply add, you
                                                                  know, echo Ms. Nelson’s sentiments there. We have all worked to-
                                                                  gether on this specific issue.
                                                                     And in response to your question about what more the committee
                                                                  could do, we would very much encourage you to speak with the De-
                                                                  partment of Justice and urge them to direct Federal prosecutors to
                                                                  dedicate their resources to handle these cases.
                                                                     Ms. JOHNSON OF TEXAS. Thank you.
                                                                     Any other comments?
                                                                     Mr. BIDWELL. Congresswoman, I would just like to add, I support
                                                                  the comments of my colleagues. But in addition, just to reiterate,
                                                                  it is important for crewmembers to stay around and provide state-
                                                                  ments to airport law enforcement and press charges so unruly pas-
                                                                  sengers can be criminally prosecuted.
                                                                     Ms. JOHNSON OF TEXAS. Thank you very much.
                                                                     Mr. Andrews, did you want to chime in?
                                                                     Mr. ANDREWS. Yes, Ms. Johnson. Thank you so much for that
                                                                  question. I echo the sentiments of my colleagues, and one other
                                                                  thing would just be so vitally important for that information, if
                                                                  there is prosecution, if there is something done, for that informa-
                                                                  tion to be conveyed back to the flight attendant. That would en-
                                                                  courage them to report in the future.
                                                                     Ms. JOHNSON OF TEXAS. Well, thank you very much.
                                                                     And I will yield back the last 30 seconds of my time, Mr. Chair-
                                                                  man. Thank you.
                                                                     Mr. KAHELE. All right, thank you.
                                                                     The Chair would like to now recognize Mr. Stauber for 5 min-
                                                                  utes.
                                                                     Mr. STAUBER. Thank you, Mr. Chair.
                                                                     First off, I would like to thank you all for stepping up over the
                                                                  last 11⁄2 years, especially in the early days of COVID, the early
                                                                  days of the COVID shutdowns.
                                                                     I flew several times during the early months of the pandemic,
                                                                  and the front-facing workforce each of you represent were always
                                                                  positive and professional, despite mass layoffs and suspensions due
                                                                  to an industry that had effectively been put on pause.




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                                                                     As many of you likely know, I have a son. My wife and I are
                                                                  blessed with a son who has Down syndrome. My family under-
                                                                  stands the difficulties that those with disabilities and their families
                                                                  encounter when traveling.
                                                                     We have seen these episodes play out time and time again on
                                                                  airplanes where families with autistic kids as young as 2 are boot-
                                                                  ed off airplanes because their son or daughter has difficulty keep-
                                                                  ing their mask on.
                                                                     These are heartbreaking scenes that are objectively unfair to the
                                                                  families who are, in good faith, just trying to get to from point A
                                                                  to point B, and it is unfair to the flight attendants and the staff
                                                                  who have been forced to enforce these rigid mandates.
                                                                     As you all are also likely aware, the Department of Transpor-
                                                                  tation has put forth a rule for mask exemptions for those with dis-
                                                                  abilities, and it states, in quotes, ‘‘The following narrow subset of
                                                                  persons with disabilities are exempt from CDC’s requirement to
                                                                  wear a mask:
                                                                     ‘‘A person with a disability who, for reasons related to the dis-
                                                                  ability, would be physically unable to remove a mask without as-
                                                                  sistance if breathing becomes obstructed. Examples might include
                                                                  a person with impaired motor skills, a quadriplegic, or limb restric-
                                                                  tions.
                                                                     ‘‘A person with intellectual, developmental, cognitive, or psy-
                                                                  chiatric disability that affects the person’s ability to understand the
                                                                  need to remove a mask if breathing becomes obstructed.’’
                                                                     The question is for Teddy or Sara. I don’t think that Americans
                                                                  with disabilities are really aware of these exemptions, and I know
                                                                  that many of them feel discriminated against right now. What is
                                                                  the protocol that a flight attendant currently goes through when
                                                                  dealing with a passenger who has an exemption?
                                                                     Ms. NELSON. Mr. Chairman, let me start, and I think Teddy will
                                                                  have a lot to add as well.
                                                                     First of all, let me just say that it is very difficult for flight at-
                                                                  tendants, at minimum staffing with our aircraft full, to be able to
                                                                  identify problems or issues as people are coming on the plane.
                                                                     It is very important that the airlines are making it very clear at
                                                                  the point of ticket sale for anyone who needs to provide information
                                                                  to the airline ahead of time about these challenges. This does al-
                                                                  ready exist. It is already in the ticketing process. It could probably
                                                                  be more clear.
                                                                     When we have that information, that information is commu-
                                                                  nicated to the crews ahead of the flight. We are given seat num-
                                                                  bers, we are given information about that situation. And when we
                                                                  have that, we are much better prepared to face that. I will tell you
                                                                  that——
                                                                     Mr. STAUBER. So let me just ask you, let me just—I just want
                                                                  to follow up on that. So, if they didn’t in advance notify the airline,
                                                                  if they are boarding and you clearly see that, and the guardian or
                                                                  parent notifies you at that moment, then can you make the deci-
                                                                  sion and follow the same protocols as if they had let the airlines
                                                                  know? Can you at that moment, if a mom and dad or guardian
                                                                  says, ‘‘Sara, this is our child, he is autistic, and he has trouble
                                                                  wearing a mask.’’ At that point, then you can make the decision
                                                                  and let the other flight attendants know?




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                                                                      Ms. NELSON. That depends. OK? And so, in most cases, yes,
                                                                  flight attendants are going to be able to take that information,
                                                                  share it with the rest of the crew, and be able to address that.
                                                                      We have had some situations where people have purposely tried
                                                                  to avoid this. So normally what we would do is we would notify the
                                                                  ground supervisor and try to get help to that family, prior to the
                                                                  flight taking off, so that they can provide the proper documentation
                                                                  to the airline, and that can be properly done so that we are advised
                                                                  that we should follow those protocols.
                                                                      But I will tell you that flight attendants have an incredible abil-
                                                                  ity to have very intuitive nature of how to address these issues and
                                                                  can assess these things, and we will take action sometimes on our
                                                                  own under that authority.
                                                                      That is not the procedure, though. So, it is better that we have
                                                                  that confirmation from the airline so that we know that we are
                                                                  fully backed up by the airline when we are taking that action.
                                                                      Mr. STAUBER. Well, I appreciate the answer. And I will just say
                                                                  that there are times maybe you don’t know if there is somebody au-
                                                                  tistic or what have you, but it is difficult. And I want to again
                                                                  thank you and all the flight attendants for the professionalism dur-
                                                                  ing this difficult time and to enforce mandates that were forced
                                                                  upon your industry and your profession.
                                                                      So, with that, Mr. Chair, I see my time is out, so I will yield
                                                                  back. Thank you.
                                                                      Mr. KAHELE. All right, thank you.
                                                                      The Chair would like to now recognize Mr. Payne for 5 minutes.
                                                                      Mr. PAYNE. Thank you, Mr. Chairman.
                                                                      It is a pleasure to be here today on a committee hearing that is
                                                                  so vitally important to the American people and people that work
                                                                  in the aviation industry.
                                                                      There is no question that the FAA should institute more policies
                                                                  to better protect flightcrews during this unprecedented rise in air
                                                                  rage incidents.
                                                                      Beyond additional signs and verbal warnings about con-
                                                                  sequences, how best can the FAA help protect all flightcrews if inci-
                                                                  dents like these are continuing, Ms. Nelson?
                                                                      Ms. NELSON. Thank you very much for that question. First of all,
                                                                  I do want to applaud the FAA for the seriousness that they have
                                                                  given this and their efforts to try to communicate to the public
                                                                  what the rules are, why they are in place, and what will happen
                                                                  if people break them. The FAA has been extraordinary on this, and
                                                                  I applaud FAA Administrator Steve Dickson for his leadership on
                                                                  it.
                                                                      What could happen, though, is that we hear from the FAA safety
                                                                  inspectors that they do not have enough inspectors or enough time
                                                                  to conduct these investigations in some cases. So, because of the
                                                                  zero-tolerance policy, it used to be that the FAA inspectors would
                                                                  be inspecting events on a first-in/first-out basis.
                                                                      They now have the ability to prioritize these issues based on the
                                                                  severity of the case. But if they get down to a 6-month timeout,
                                                                  there is a statute of limitation on the case of 6 months, so if they
                                                                  don’t get to the case by that time because they simply don’t have
                                                                  enough resources to address it, the case falls away completely.




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                                                                     So, they suggest that there should be an extension of that time,
                                                                  and, of course, if we could get more resources to the FAA to be able
                                                                  to conduct these investigations, that would better support us as
                                                                  well.
                                                                     Mr. PAYNE. Thank you.
                                                                     And, Mr. Andrews, let me commend you for your professionalism,
                                                                  preserving your job through the vile, racist incident you recall in
                                                                  your testimony and your personal fight against COVID–19.
                                                                     I would like to discuss the secondary barriers under the FAA Re-
                                                                  authorization Act of 2018. The FAA is required to issue a rule re-
                                                                  quiring installation of barriers that would protect the cockpit even
                                                                  when it is open. Unfortunately, the FAA has not fulfilled this legal
                                                                  requirement.
                                                                     How would these barriers further protect the safety of the
                                                                  flightcrew and passengers from unruly passengers?
                                                                     Mr. ANDREWS. Thank you for that question. I think any steps
                                                                  that we can take, especially that second barrier, would help with
                                                                  protecting flightcrew, passengers onboard. Having personally, my
                                                                  family experienced the death of my cousin in 9/11, definitely would
                                                                  make it more secure, make sure that we have additional steps in
                                                                  place to ensure the safety of all passengers and flightcrew. So, I
                                                                  think it is vitally important to have.
                                                                     Mr. PAYNE. Thank you.
                                                                     And let me just say to Ms. Nelson and Mr. Andrews that the gen-
                                                                  tleman from Pennsylvania made good points on the second barrier,
                                                                  Mr. Fitzpatrick. And I am going to reach out to him to see how we
                                                                  can work together to finally get this implemented. And I make that
                                                                  promise to you. I will start working on that today.
                                                                     Ms. NELSON. Thank you.
                                                                     Mr. PAYNE. Ms. Beyer, can you assure this committee that your
                                                                  member airlines will be cooperative should the FAA take additional
                                                                  actions to protect flightcrew and passengers?
                                                                     Ms. BEYER. Yes, sir. We certainly always comply with any law
                                                                  or Federal requirement that we have been asked to implement.
                                                                     Mr. PAYNE. OK. Well, thank you for that concise answer.
                                                                     And, with that, Mr. Chairman, I will yield back.
                                                                     Mr. KAHELE. All right. Thank you.
                                                                     The Chair would now like to recognize Mr. Lynch for 5 minutes.
                                                                     [Pause.]
                                                                     If not, we will move on to Mr. Allred for 5 minutes.
                                                                     [Pause.]
                                                                     OK. Moving on to Mr. Garcı́a for 5 minutes.
                                                                     Mr. GARCÍA OF ILLINOIS. Thank you, Mr. Chairman, for accom-
                                                                  modating me at today’s committee hearing and for allowing me to
                                                                  ask these questions.
                                                                     As a frequent air traveler and a former union member, I want
                                                                  to thank the flight attendants, pilots, ground crews, and the avia-
                                                                  tion units for the work that they do every day, keeping our aviation
                                                                  system running and safely getting millions of Americans to their
                                                                  destinations.
                                                                     I am deeply concerned with the large increases in air rage and
                                                                  assaults on flight attendants and other aviation workers since the
                                                                  pandemic started. Every person deserves a safe, harassment-free
                                                                  workplace.




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                                                                     I want to thank the witnesses for appearing today and their en-
                                                                  lightening testimony. I look forward to working with them and the
                                                                  committee to address this important issue.
                                                                     I have questions that I would like to ask of Ms. Nelson and Mr.
                                                                  Andrews. I would like to follow up on a question posed by Con-
                                                                  gressman Hank Johnson.
                                                                     What more needs to be done to specifically make sure that flight
                                                                  attendants of color, who may be disproportionately facing more air
                                                                  rage and other discrimination, are safe in working environments?
                                                                     Ms. NELSON. Teddy, would you like to start?
                                                                     OK. So let me just start here.
                                                                     What happens in our communities comes to our aircraft, and the
                                                                  more that we can do to lift up people of color, to make sure that
                                                                  there is a place at the table, to make sure that there is a recogni-
                                                                  tion of the struggles that people are facing simply because of the
                                                                  color of their skin.
                                                                     I will tell you that as we were going to work in the wake of the
                                                                  George Floyd murder, that there were many flight attendants who
                                                                  were concerned about even traveling to work, and they were con-
                                                                  cerned about that before they even got there.
                                                                     And then when they get to work, they are facing incredible dis-
                                                                  crimination that none of us can imagine if you haven’t faced it be-
                                                                  fore. Some of the airlines are doing a very good job of having town-
                                                                  halls lifting us up.
                                                                     I would say, actually, I have been recently made aware of the ac-
                                                                  tions of American Airlines to hold these townhalls to make it very
                                                                  specific that the airline is focused wholeheartedly on addressing
                                                                  the issues of diversity and inclusion, of giving the opportunity for
                                                                  people of color to tell their stories at the airline about what they
                                                                  face and have other people hear that and hear the difficulties, the
                                                                  microaggressions that they face at work.
                                                                     And when they have the backing of everyone at the airline and
                                                                  know that those issues are going to be taken seriously, they are
                                                                  more likely to report, there is more likely to be followup action, and
                                                                  other people are more likely to understand that when you are dis-
                                                                  respecting someone because of their gender or their race or because
                                                                  of the way that they identify, that that is unacceptable, and there
                                                                  is a zero-tolerance approach from the airline to addressing that.
                                                                     That needs to be taken as seriously as any other violation at the
                                                                  airline. And so, I would lift up what American has been doing. I
                                                                  would say I have seen it at other airlines too. They all have diver-
                                                                  sity and inclusion programs, but more could be done to have these
                                                                  public conversations about what people of color are facing at work.
                                                                     Mr. GARCÍA OF ILLINOIS. Thank you.
                                                                     Mr. ANDREWS. I too thank you for that question, Representative
                                                                  Garcı́a. I think I would echo wholeheartedly what my colleague,
                                                                  Ms. Nelson, just said.
                                                                     The airline has taken specifically—excuse me—American Air-
                                                                  lines has taken steps towards making sure that there is diversity,
                                                                  equity, and inclusion conversations happening. And the APFA has
                                                                  just instituted a diversity, equity, and inclusion team, which I am
                                                                  now chairing.




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                                                                     So, we are having conversations, and those conversations are
                                                                  happening. Should there be more conversations? Yes. Clear expec-
                                                                  tations on behaviors and some possible consequences for those.
                                                                     So, we are talking about air rage, air rage that knows no color,
                                                                  right? It doesn’t discriminate. But, unfortunately, there are cases
                                                                  where race and other disparaging remarks or comments are being
                                                                  made towards flight attendants of color and—just conversations,
                                                                  more conversations, and more dialogue between the airline and all
                                                                  of our counterparts would help.
                                                                     Mr. GARCÍA OF ILLINOIS. Thank so much. My time has just about
                                                                  run out, so I am going to yield back to the chair. Thank you.
                                                                     Mr. KAHELE. Mahalo, Mr. Garcı́a.
                                                                     The Chair would like to now recognize Mr. Allred of Texas for
                                                                  5 minutes.
                                                                     Mr. ALLRED. Sure. Thank you, Mr. Chairman.
                                                                     I first wanted to ask about jurisdictional issues. I have heard
                                                                  from some flight attendants that I have spoken to that there is con-
                                                                  cern and issues on the ground regarding whose jurisdiction it is
                                                                  when something happens and seeing how jurisdictional issues can
                                                                  play out in other contexts.
                                                                     I am wondering, who is ultimately responsible when an event oc-
                                                                  curs in the air and you get to your location, which jurisdiction is
                                                                  responsible? And does there need to be an adjustment to policy to
                                                                  make sure that there is no gap in terms of who is going to respond
                                                                  to it?
                                                                     Ms. Nelson, I see you nodding. If you want to jump, go first, and
                                                                  if anyone else wants to add, I would be happy to discuss that.
                                                                     Ms. NELSON. Thank you very much. So, Congressman Allred, the
                                                                  jurisdiction on the plane is the FBI. It is Federal jurisdiction, but,
                                                                  oftentimes, there is not an FBI agent at an airport to be able to
                                                                  respond. Some of the larger hubs, there is, and when we get that
                                                                  communication to the agency, they can respond directly to the
                                                                  flight and get the statements from everyone right there. And that
                                                                  is the best-case scenario for dealing with these issues.
                                                                     Most of the time, when the aircraft arrives—think about the
                                                                  chain of communication. So the flight attendants communicate to
                                                                  the flight deck; the flight deck communicates to the ground con-
                                                                  troller; the ground controller oftentimes will communicate to a
                                                                  ground security coordinator, who will then have to communicate to
                                                                  law enforcement.
                                                                     If there is a break in that chain and you either slow down the
                                                                  communication or it doesn’t go through, sometimes you don’t have
                                                                  anyone respond at all.
                                                                     When local law enforcement responds, what they are doing is
                                                                  they are taking statements and sometimes taking people into cus-
                                                                  tody. But there is inconsistency there because, at some airports, it
                                                                  is a security company that is providing the security, and in other
                                                                  cases, there is local law enforcement. So, there are inconsistencies
                                                                  at each airport because of this.
                                                                     It would be much better if there were a clear set of standards
                                                                  that the airlines and the airports would be following that then gets
                                                                  those reports. When those reports go to the FAA, that can then be
                                                                  coordinated with FBI for followup action, even if FBI is not there
                                                                  to meet the flight.




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                                                                     Mr. ALLRED. That is really good. So, do you think that the FAA
                                                                  is within their purview to make that [inaudible] do you think we,
                                                                  in Congress, need to give them additional authority?
                                                                     Ms. NELSON. So, the FAA would need additional authority to ac-
                                                                  tually oversee that. What I will say is that I know the FAA Admin-
                                                                  istrator has started a dialogue with local law enforcement across
                                                                  the country about how we can create better protocols. And that dia-
                                                                  logue, even in and of itself, is very, very helpful for us to set up
                                                                  protocols that are better to respond.
                                                                     I will tell you that when I saw the images after January 6, and
                                                                  there were sort of mobs of people acting out in the airport, and you
                                                                  saw that law enforcement, all they could do was protect the people
                                                                  who were being attacked, that was a very different scene than we
                                                                  have seen in the past. It used to be that there would be one bad
                                                                  actor that law enforcement could go there and address that di-
                                                                  rectly. That person would be hauled away.
                                                                     So, we have a new set of conditions here where we need to make
                                                                  sure that we have better communications and that we are properly
                                                                  resourced at the airports to be able to respond.
                                                                     Mr. ALLRED. Well, thank you for that, Ms. Nelson. You men-
                                                                  tioned the 6th. I know there has been some discussion of the cre-
                                                                  ation of a no-fly list for domestic terrorism. And I just wonder what
                                                                  your view of proper use of a no-fly list might be, obviously taking
                                                                  into account the need to protect civil liberties and some kind of
                                                                  need for that to be a fair system in which it wouldn’t be a perma-
                                                                  nent mark on people’s records and things like that.
                                                                     Ms. NELSON. So, the no-fly list is very specific to the FBI no-fly
                                                                  list, and this is about terrorism. So, first and foremost, we need to
                                                                  call it something else very likely. We need to have a process that
                                                                  is very clear, that is an incident review process with the airlines,
                                                                  possibly the airports, and law enforcement, where we are reviewing
                                                                  whether or not someone should be put on a flyer ‘‘banned list,’’ and
                                                                  call it something like that, and then a process for how someone
                                                                  might be able to get off of that list as well.
                                                                     And so, thinking through those procedures needs to be done.
                                                                  There has already been some work underway at many of the of-
                                                                  fices. We appreciate that. But we need to speed this up and figure
                                                                  out how we can make this work so that we are addressing, yes, as
                                                                  you said, the issues of civil liberties, that there is actually a due
                                                                  process for this, for getting on this list, and then a means at some
                                                                  point to have a process to appeal to get off the list.
                                                                     Mr. ALLRED. Well, thank you. I appreciate you all’s testimony.
                                                                  You have helped us identify, I think, some gaps in what we can do.
                                                                  And I just want to say thank you for your service to the country
                                                                  during a time when many of you were still flying at the very begin-
                                                                  ning of the pandemic when you weren’t even allowed to wear
                                                                  masks at times, and you had to protect yourselves in any way you
                                                                  could. I know it has been an extremely difficult time.
                                                                     I and the members of this committee are committed to protecting
                                                                  you, supporting you. We appreciate the role you play in our econ-
                                                                  omy. And as someone who represents one of the bigger airports in
                                                                  the country and a couple of the largest airlines in the country, we
                                                                  appreciate everything you do.
                                                                     So, with that, I will yield back.




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                                                                     Ms. NELSON. Thank you, Congressman Allred.
                                                                     Mr. KAHELE. Mahalo, Congressman Allred.
                                                                     The chair, I guess, will now yield to himself, since I look like to
                                                                  be the last person here. And one of those opportunities of being last
                                                                  is that you’ve had the chance to hear all the questions, and there
                                                                  has been a lot of great questions that have been asked.
                                                                     As someone who was born into the airline industry—my mom
                                                                  was a 35-year flight attendant with United Airlines—and who mar-
                                                                  ried into the airline industry: my wife is a flight attendant with
                                                                  Hawaiian Airlines—and who also is a pilot for Hawaiian—I want
                                                                  to thank our flightcrews, our gate agents, our ground crews, who
                                                                  have really been on the front lines dealing with unruly passenger
                                                                  behavior, in many cases, dangerous and violent acts of aggression.
                                                                     And I also want to emphasize that passengers and individuals
                                                                  that assault, threaten, intimidate, interfere with airline crew-
                                                                  members, that the FAA and the Department of Justice need to con-
                                                                  duct swift but thorough enforcement investigations. They need to
                                                                  impose at least civil penalties against those passengers. And if
                                                                  those civil penalties are not deterring, really, criminal activity by
                                                                  these airline passengers, that the Department of Justice needs to
                                                                  look at how these individuals can be criminally prosecuted. And so
                                                                  that is something that I hope the FAA and the DOJ will do.
                                                                     In regard to masks, we all want to stop having to wear masks
                                                                  on airlines when we fly, but we do know that masks, in combina-
                                                                  tion with vaccinations, are the most effective tool to stopping the
                                                                  spread of COVID–19.
                                                                     Air travel is one of the most controlled indoor spaces and modes
                                                                  of transportation, and so the current guidance where we need to
                                                                  wear masks through early January 2022, I think is a good thing.
                                                                  With the Delta variant, with the upcoming flu season, keeping our-
                                                                  selves protected is really important.
                                                                     My first question was going to be directed to Ms. Beyer and Air-
                                                                  lines for America, and that is in regard to, in the early part of the
                                                                  pandemic, airlines took the step to change seating arrangements in
                                                                  the airlines, to space people apart farther.
                                                                     Can you speak to or answer, in terms of the airlines that you
                                                                  represent, have all the airlines gone back to booking at full capac-
                                                                  ity and are no longer blocking seats to maintain that social dis-
                                                                  tance between passengers?
                                                                     Ms. BEYER. Thank you for the question, Congressman. And
                                                                  thank you for recognizing the work that we have all done as an in-
                                                                  dustry throughout this pandemic, a really unprecedented, it goes
                                                                  without saying, time to evaluate what we knew about this public
                                                                  health emergency.
                                                                     And really, I think the airlines have leaned into science since the
                                                                  beginning to determine what measures need to be put in place to
                                                                  keep all of our employees and the traveling public safe throughout
                                                                  the pandemic.
                                                                     In terms of seating, as we have all done throughout this pan-
                                                                  demic, we have learned more and more about this specific virus
                                                                  and about the variants that have emerged. And so, our policies, as
                                                                  the airline industry, have been adjusted along the way as we
                                                                  learned more about the virus itself.




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                                                                     Specifically on the seating, one of the things that we have done
                                                                  is worked with Harvard School of Public Health to evaluate the
                                                                  risk of transmission in air travel. And one of the things that they
                                                                  determined is that, in the air filtration, 2 to 3 minutes the air is
                                                                  cycled out with HEPA filters onboard, the mask-wearing, all of the
                                                                  other measures, that you are safer onboard an aircraft than you
                                                                  are in many other routine daily activities.
                                                                     And as a result of that science and studies from many other rep-
                                                                  utable sources, that is when the decisions were made for those who
                                                                  had adjusted seat policies that it was safe to resume a full aircraft.
                                                                     Mr. KAHELE. OK. Thank you.
                                                                     Next question is for Ms. Nelson. In your testimony, you wrote,
                                                                  ‘‘Over the past few months, CWA ground service members across
                                                                  the country have experienced serious incidents of physical and
                                                                  verbal assault and harassment, with few repercussions for the of-
                                                                  fending passenger imposed by law enforcement.
                                                                     ‘‘By failing to follow the law and seek justice for the victims of
                                                                  assaults like these, a message is being clearly communicated that
                                                                  the safety of airport workers is not a priority. Ground service mem-
                                                                  bers are the last line of security before these agents have the op-
                                                                  portunity to board the aircraft and disrupt service.’’
                                                                     So, my question would be, what do you believe are the next steps
                                                                  we can take to protect our ground service members?
                                                                     Ms. NELSON. Thank you, Congressman Kahele. Let’s be very
                                                                  clear. This is extremely important that we protect the ground serv-
                                                                  ice members because, as you said, they are the last chance to keep
                                                                  problems on the ground. And when there is no followup, when they
                                                                  are physically assaulted, what do you think there is going to be
                                                                  their response?
                                                                     In many cases, there is a single agent at the gate who is dealing
                                                                  with all of the passengers. And when you are under threat, what
                                                                  you want to do is to get away from the threat. What that does is
                                                                  it potentially puts a situation where there is a desire to actually
                                                                  put that passenger on the plane, to get them away.
                                                                     So, these are some of the consequences that can happen if we
                                                                  don’t take these acts seriously.
                                                                     There have been gate agents who have been punched in the face
                                                                  repeatedly and no action has been taken. Law enforcement doesn’t
                                                                  come fast enough, and the prosecution has not happened. There are
                                                                  at least three cases that are noted in my testimony that I would
                                                                  direct the Department of Justice to immediately, that are very
                                                                  clear, well-documented cases of assault against these gate agents.
                                                                     There needs to be criminal action right away because, otherwise,
                                                                  we are sending the message to these workers that they are on their
                                                                  own, and the decisions that they make then, that they will be
                                                                  forced to make for their own safety, may not be good for the safety
                                                                  of all of aviation. That is the consequence that we face if we don’t
                                                                  back them up.
                                                                     Mr. KAHELE. OK. Thank you for that answer.
                                                                     Last question I have, I guess it can be directed to both Ms. Beyer
                                                                  and Mr. Bidwell. But you had mentioned—or we had mentioned
                                                                  through this conversation that sometimes airline crewmembers—
                                                                  and it could also be gate agents—are reluctant to stay around to
                                                                  press charges even when they have been assaulted.




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                                                                                                                      65

                                                                     And I kind of would like to know what are the reasons for this,
                                                                  and is there a way that we can either incentivize or do something
                                                                  to support those airline crewmembers so those cases can be cap-
                                                                  tured and the investigation can proceed forward?
                                                                     And I guess we can start with Ms. Beyer.
                                                                     Ms. BEYER. Yes, sir. So, first off, I will say right upfront that our
                                                                  airlines are doing everything possible to better prevent and re-
                                                                  spond to these incidents, and that includes having regular dialogue
                                                                  with their employee groups, including the gate agents, including
                                                                  the flight attendants, including the pilots.
                                                                     We take this extremely seriously, and we want to make sure that
                                                                  our employees feel supported to be able to report these incidents,
                                                                  and that we as their airline are going to take them seriously, are
                                                                  supporting them, and are doing everything in our power to address
                                                                  the issue.
                                                                     Mr. KAHELE. Mr. Bidwell?
                                                                     Mr. BIDWELL. Thank you. Thank you very much for the question.
                                                                     So, in accordance with TSA regulations, airport operators provide
                                                                  law enforcement officers with arrest authority in the number and
                                                                  manner adequate to support their federally approved security pro-
                                                                  grams.
                                                                     And I would note, the challenge is not the number of law enforce-
                                                                  ment officers available; it is one of jurisdiction or, rather, the lack
                                                                  thereof. Indeed, airport law enforcement responds when called, but
                                                                  can only enforce State and local law.
                                                                     In order to pursue cases, they need crewmembers to stick
                                                                  around, they need them to provide statements, whether those are
                                                                  processed locally or then referred on to Federal Government, in-
                                                                  cluding the FBI.
                                                                     Mr. KAHELE. I thank you for that.
                                                                     Ms. NELSON. Congressman Kahele?
                                                                     Mr. KAHELE. Yes, go ahead.
                                                                     Ms. NELSON. We really need from the airlines a clear commu-
                                                                  nication to the pilots, to the flight attendants, to the gate agents,
                                                                  that when these incidents occur, their first priority is to stay, write
                                                                  the report, report the incident, and make sure that the local law
                                                                  enforcement has all that they need.
                                                                     So, I agree that the airlines have tried very hard to be supportive
                                                                  of crews in these events, but that clear communication to the crews
                                                                  that this is their first order of business after these incidents has
                                                                  not been made, and can be made more clear, and those procedures
                                                                  can be communicated more clearly to all of the crews and the
                                                                  agents at the gate.
                                                                     Mr. KAHELE. Ms. Beyer, in response to Ms. Nelson’s comments,
                                                                  what do the airlines do in terms of when a crewmember, if it is in
                                                                  flight and they send a message to the station manager that they
                                                                  are flying into, what do the airlines do to make sure that there are
                                                                  representatives of the airlines, station managers, others that meet
                                                                  the crew at the aircraft and are able to capture those statements
                                                                  from the flight attendant or pilot, to work together with local law
                                                                  enforcement agencies and take a proactive role to support those
                                                                  crewmembers?




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                                                                                                                      66

                                                                     When they do land at their locations, they have been working for
                                                                  a long time, they are tired, and they, at that point, just want to
                                                                  go home. And in many cases, these assaults go unreported.
                                                                     Ms. BEYER. So, certainly, if the crew reports that there is an in-
                                                                  flight incident and they are requesting that law enforcement re-
                                                                  spond to the aircraft upon landing, then the airline employees on
                                                                  the ground will forward that request to the local law enforcement
                                                                  and request that support.
                                                                     I did want to come back to something I noted in my testimony,
                                                                  which is this larger sort of cross-industry, best practices effort that
                                                                  we are undertaking at this moment. I think that the many com-
                                                                  ments that have been made by my fellow panelists today are evi-
                                                                  dence that one of the ways that we can continue to improve is by
                                                                  enhancing the collaboration, not just within airlines, not just with-
                                                                  in airports, et cetera, but across all of the aviation sectors.
                                                                     And our hope is that this effort, bringing in all parties who have
                                                                  a responsibility, that we can identify what some best practices may
                                                                  be by certain entities, that perhaps can be enhanced by others. And
                                                                  we are committed to doing that.
                                                                     Mr. KAHELE. OK. Thank you.
                                                                     All right. Seeing no further testifiers, I want to conclude our
                                                                  hearing today, and thank each of the witnesses for your testimony
                                                                  today. Your comments have been very informative and helpful.
                                                                     And I would like to ask for unanimous consent that the record
                                                                  of today’s hearing remain open until such time as our witnesses
                                                                  have provided answers to any questions that may be submitted to
                                                                  them in writing.
                                                                     I also ask unanimous consent that the record remain open for 15
                                                                  days for any additional comments and information submitted by
                                                                  Members or witnesses’ responses to be included in the record of to-
                                                                  day’s hearing.
                                                                     Without objection, so ordered.
                                                                     And, with that, our subcommittee stands adjourned. Mahalo.
                                                                     [Whereupon, at 12:46 p.m., the subcommittee was adjourned.]




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                                                                                          SUBMISSIONS FOR THE RECORD

                                                                  Prepared Statement of Hon. Sam Graves, a Representative in Congress
                                                                   from the State of Missouri, and Ranking Member, Committee on Trans-
                                                                   portation and Infrastructure
                                                                     Thank you, Chair Larsen and Ranking Member Graves, and thank you to our wit-
                                                                  nesses for being here today.
                                                                     Given that most Members fly on a near weekly basis, we should all be concerned
                                                                  with the increase in unruly passenger incidents.
                                                                     According to the FAA, it has received almost 4,200 reports of unruly passenger
                                                                  behavior since the beginning of the year, with 75 percent of the incidents related
                                                                  to mask noncompliance.
                                                                     This type of behavior is unacceptable.
                                                                     However, I think it is very important for people to understand that millions of
                                                                  people have flown on U.S. airlines so far this year and the vast majority of those
                                                                  flights have occurred without incident.
                                                                     When these rare occurrences do take place, the two Federal agencies charged with
                                                                  addressing unruly passenger behavior are the Federal Aviation Administration
                                                                  (FAA) and the Transportation Security Administration (TSA).
                                                                     Unfortunately, neither agency is in attendance today.
                                                                     While I am disappointed that Members will not be given the opportunity to hear
                                                                  from the two Federal agencies charged with setting airline security procedures and
                                                                  training requirements related to unruly passengers, as well as enforcing those poli-
                                                                  cies and procedures, I am very interested in the testimony of the other witnesses
                                                                  here today.
                                                                     It goes without saying, aviation safety is the top priority for this subcommittee.
                                                                     That includes both the safety of air travelers, and the safety of the airline per-
                                                                  sonnel.
                                                                     I again want to thank Chair Larsen, Ranking Member Graves, and the witnesses,
                                                                  and I yield back.

                                                                                                              f

                                                                       Prepared Statement of Hon. Eddie Bernice Johnson, a Representative in
                                                                                        Congress from the State of Texas
                                                                    Thank you, Chairman DeFazio, Aviation Subcommittee Chairman Larsen, and
                                                                  Ranking Member Graves for holding today’s hearing. I also want to thank our wit-
                                                                  nesses for your testimony and participation.
                                                                    The disturbing instances of air and airport passenger rage are well documented.
                                                                  Our nation has witnessed a sharp increase in confrontational behavior in recent
                                                                  years, particularly since the onset of the COVID–19 pandemic.
                                                                    Just yesterday in fact in my hometown newspaper, the Dallas Morning News, an
                                                                  article entitled ‘‘Inside a flight attendant self-defense class as threats of violence fill
                                                                  the air’’ described how federal air marshals are teaching flight attendants to defend
                                                                  themselves against belligerent passengers, generally in response to resistance to
                                                                  wearing a face mask.
                                                                    The Dallas-Ft. Worth TSA office, which encompasses the nearby headquarters for
                                                                  American Airlines and Southwest Air, is one of the largest training centers in the
                                                                  country.
                                                                    Sadly, there is a critical need for this type of training, given that this year so far,
                                                                  the FAA has received over 4,000 reports of unruly passengers. Moreover, according
                                                                  to the articulate testimony provided by AFA President, Ms. Sara Nelson, 85 percent
                                                                  of flight attendants have dealt with unruly passengers and nearly 1 in 5 report that
                                                                  the incidents involved a physical assault.
                                                                    I am also concerned about the more generalized, adverse effects this tension has
                                                                  caused the airline industry and the traveling public. Although there are many rea-
                                                                                                             (67)




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                                                                                                                       68
                                                                  sons for the difficulties major airlines are facing in recruiting employees, being out-
                                                                  right fearful of going to work is a strong disincentive for anyone working in or con-
                                                                  sidering employment in the airline industry at this time.
                                                                                                              f
                                                                  Statement of Donielle Prophete, Ground Service Agent, Piedmont Airlines,
                                                                    and President, Communications Workers of America Local 3645, Sub-
                                                                    mitted for the Record by Hon. Peter A. DeFazio
                                                                     Chairman DeFazio, Chairman Larsen, Ranking Member Graves and Ranking
                                                                  Member Graves and members of the committee, I am grateful for the opportunity
                                                                  to submit this testimony for the record.
                                                                     My name is Donielle Prophete. I have worked as a ground service agent for Pied-
                                                                  mont Airlines for 17 years and have been the President of the Communications
                                                                  Workers of America Local 3645 since 2020. I represent passenger service agents
                                                                  across the Southeast states working for a regional subsidiary of American Airlines,
                                                                  Piedmont Airlines. My hope is that this testimony can help members of the Com-
                                                                  mittee and the broader public to better understand the challenges that frontline air-
                                                                  line employees are facing during one of the most challenging periods in the history
                                                                  of the airline industry.
                                                                     The COVID–19 pandemic has made clear that the frontline gate and ramp agents
                                                                  that I represent are key to keeping the industry operating safely and efficiently. Our
                                                                  responsibilities include boarding passengers onto airplanes in a safe and orderly
                                                                  manner, loading and unloading luggage from the aircraft and assisting passengers
                                                                  with reservations. We perform these duties on a daily basis even while our stations
                                                                  are severely understaffed, while we suffer from fatigue and stress from excessive
                                                                  mandatory overtime and while working through a global pandemic that has taken
                                                                  the lives of 650,000 Americans, including two agents at the Charlotte Douglas Inter-
                                                                  national Airport in just the past month.
                                                                     Our agents are the face of the airline’s operations at the airport. We work to keep
                                                                  passengers safe during the ongoing pandemic by enforcing federal mask mandates.
                                                                  We work to mitigate the impacts of snags in the operation due to flight delays, can-
                                                                  cellations or other irregularities from COVID–19. This means that, even as we keep
                                                                  the entire industry moving, we have become targets of passengers’ frustrations and
                                                                  anger.
                                                                     Since January 1, 2021, the Federal Aviation Administration (FAA) has recorded
                                                                  4,284 incidents of verbal and physical assaults against flight crew members and
                                                                  gate agents. Mask related incidents accounted for 3,123 of recorded cases. This is
                                                                  a substantial increase from the 146 incidents reported to the FAA in 2019 and 183
                                                                  reported in 2020.1 These are staggering numbers, but they don’t tell the full story
                                                                  on the physical and emotional impact incidents like these have had on my members.
                                                                     In particular, one of the most egregious incidents of passenger rage this summer
                                                                  at the Charlotte Airport highlights the challenge faced by my members and the need
                                                                  for a more coordinated and committed response from local and federal law enforce-
                                                                  ment.
                                                                     On June 28, 2021, a passenger tried to board a flight in a state of extreme intoxi-
                                                                  cation. My member and their supervisor, fulfilling their duties to secure the aircraft
                                                                  and protect the other passengers, denied the passenger access to his flight. The pas-
                                                                  senger became extremely violent—physically assaulting and verbally attacking the
                                                                  gate agent, a ramp agent, and their supervisor. Our agent sustained an injury to
                                                                  his back when the passenger pushed our agent into the sharp edge of a coat hanger
                                                                  on the wall.
                                                                     There is no doubt about what happened. Video of the assault, taken with a
                                                                  cellphone by a member of the public, was obtained by local news and is publicly
                                                                  available.2 Despite the clear evidence of the assault, the Charlotte Police Depart-
                                                                  ment arrested and charged the passenger only for resisting arrest and trespassing
                                                                  in the gate area. These charges were dropped the next day. The burden was on my
                                                                  member to file separate assault charges for which there has been no resolution so
                                                                  far.
                                                                     I believe this demonstrates the patchwork and ineffective nature of the response
                                                                  that often characterizes these incidents. Local law enforcement did not pursue
                                                                  charges against the passenger for assaulting my member and the FAA and federal

                                                                       1 https://www.faa.gov/datalresearch/passengerslcargo/unrulylpassengers/
                                                                    2 WSOC–TV ‘‘Video shows man’s confrontation with gate agent at Charlotte airport’’, July 12,
                                                                  2021 https://www.wsoctv.com/news/local/video-man-gets-into-confrontation-with-gate-agent-char-
                                                                  lotte-douglas/QDCX6OIZQ5FGZIZHMKSEXK4URA




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                                                                                                                       69
                                                                  law enforcement have likewise refused to pursue this matter seriously. Under the
                                                                  2018 FAA Reauthorization Act, any interference with airport or air carrier employ-
                                                                  ees with security duties is punishable by criminal penalties and jail time. A 2017
                                                                  ruling from the Department of Justice confirms this provision applies to passenger
                                                                  service workers who perform a range of vital security functions and are therefore
                                                                  covered under this decision.
                                                                    In this case, American Airlines banned the passenger from flying with the carrier
                                                                  for the rest of the year—but the airline is limited in the actions it can take on its
                                                                  own. The passenger had the ability to return to the airport and board a flight with
                                                                  a different carrier the very next day. What frontline employees need is improved
                                                                  communication from federal agencies to local law enforcement on their responsibility
                                                                  to thoroughly document incidents like these and refer for federal prosecution when
                                                                  appropriate. Federal law enforcement must also follow through in pursuing reper-
                                                                  cussions outlined under the law as it stands now.
                                                                    My member is just one of many gate agents across the country who have had ex-
                                                                  periences of physical or verbal abuse from enraged passengers. These incidents don’t
                                                                  just affect the workers directly involved, impacts of an unsafe work environment re-
                                                                  verberates throughout my membership and the broader airport workforce.
                                                                    Working in an environment where violence can erupt at any moment results in
                                                                  high levels of stress, and I’ve heard members express the impact of stress. I’ve
                                                                  heard from members who cry every day before going into the airport or feel like
                                                                  they’re having a ‘‘nervous breakdown’’ before their shift starts. Many of my mem-
                                                                  bers feel that they’re reaching a breaking point.
                                                                    Low morale doesn’t just have a human cost, but a cost to the industry as well.
                                                                  I am seeing members separate from the job, go out on unpaid leave, and reduce
                                                                  their hours to part time as a result of the stress and unsafe conditions. Airlines are
                                                                  struggling to retain their workforce or recruit new employees.
                                                                    I believe that for passengers to understand that these actions will not be toler-
                                                                  ated, local and federal law enforcement must pursue repercussions for offenders.
                                                                  The 2017 ruling from the Department of Justice makes clear that interference with
                                                                  agents with security duties is a matter for federal law enforcement. Pursuing these
                                                                  cases will also send a powerful message to airport and airline workers that their
                                                                  work is valued and their safety is a priority. My members deserve a commitment
                                                                  to protect them while they serve all of us.
                                                                    Thank you.
                                                                                                               f

                                                                   Statement of Paul Hudson, President, FlyersRights.org, Submitted for the
                                                                                 Record by Hon. Garret Graves of Louisiana

                                                                       COMMENT OF FLYERSRIGHTS.ORG TO THE HOUSE AVIATION SUBCOMMITTEE ON THE
                                                                                       INCREASED NUMBER OF AIRLINE INCIDENTS
                                                                    The recent increase in violent incidents in air travel is a serious issue in need
                                                                  of solutions. The subcommittee hearing would benefit from hearing the passenger
                                                                  perspective. FlyersRights.org submitted a rulemaking petition to the Department of
                                                                  Transportation in August 2020 to mandate mask wearing in air travel and has been
                                                                  the leading organization advocating for Covid mitigation measures to make air trav-
                                                                  el safer. FlyersRights.org also published a financial stimulus and covid mitigation
                                                                  policy proposal that, for less than the three combined bailout payments, would have
                                                                  made air travel safer and would have allowed the airlines to more effectively in-
                                                                  crease service, avoiding the widespread cancellations seen this summer.1
                                                                    According to the latest FAA data, mask-related reported incidents account for 73%
                                                                  of all incidents reported by crewmembers in 2021.2 At the same time, non-mask re-
                                                                  lated incidents are down, and the FAA has more than doubled the number of its
                                                                  investigations. FlyersRights.org proposes the following solutions to reduce the num-
                                                                  ber of mask-related disturbances on airplanes:
                                                                    1. Implement the yellow card system where a passenger is given a written warn-
                                                                        ing and the ability to send a written complaint to the pilot or airline as means
                                                                        of de-escalation.
                                                                    2. Ensure flight attendants themselves comply with and more consistently enforce
                                                                        the mask rules.
                                                                    3. Allow greater ease of obtaining legitimate health and disability exceptions to
                                                                        the mask rule.

                                                                       1 https://flyersrights.org/news/f/air-travel-social-distancing-and-stimulus-plan
                                                                       2 https://www.faa.gov/datalresearch/passengerslcargo/unrulylpassengers/




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                                                                                                                       70
                                                                     4. Implement greater covid mitigation measures, including social distancing and
                                                                        temperature checks. Social distancing must be enforced not only on the air-
                                                                        plane, but at the gate, during the boarding process, and at security check-
                                                                        points.
                                                                     5. Reevaluate the TSA mask mandate extensions with a public notice and com-
                                                                        ment process.
                                                                     The airlines have crammed passengers on a smaller number of flights with no so-
                                                                  cial distancing, no middle seat blocking, no capacity limits, no temperature check-
                                                                  ing, and no covid testing. While some passengers oppose masks for political reasons,
                                                                  others see the lack of other common sense safety precautions taken by the airlines
                                                                  (social distancing, middle seat blocking, temperature checks) and the lack of con-
                                                                  sistent enforcement on passengers and flight attendants as signs that maybe safety
                                                                  precautions are not needed.
                                                                     Prosecution for battery is needed when these incidents become violent. However,
                                                                  it would be a severe escalation and a gross infringement on civil liberties to invoke
                                                                  the Patriot Act’s felony ‘‘interference with flight crew members and flight attend-
                                                                  ants,’’ intended for hijackers, to threaten a passenger with up to 20 years in prison.3
                                                                     FlyersRights.org has advocated for a mask rule as well as other health measures
                                                                  to protect passengers and crew members. While most flight attendants enforce the
                                                                  mask rule as best as they can under the circumstances, often flight attendants do
                                                                  not attempt enforcement and themselves violate the mask rule.
                                                                     Not only will these proposals help curb the increased number of abhorrent pas-
                                                                  senger incidents, it is vital for the continued health of all passengers and flight crew
                                                                  throughout the pandemic.

                                                                                                      ABOUT FLYERSRIGHTS.ORG
                                                                    FlyersRights.org is the largest nonprofit airline passenger organization with over
                                                                  50,000 members and supporters nationwide. It publishes a weekly online newsletter,
                                                                  operates a toll free hotline for airline passengers, and advocates for their rights and
                                                                  interests. FlyersRights was founded in 2007 after thousands of passengers, includ-
                                                                  ing the founder Kate Hanni, were stranded on the tarmac for over nine hours in
                                                                  Austin, Texas.

                                                                                                                       Æ




                                                                       3 49 USC § 46504.




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