On the Frontlines in Turbulent Times: Workforce Perspectives on the State of Transportation Security, House hearing transcript (November 16, 2021), GovInfo CHRG-117hhrg47114, PDF
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This is the Government Publishing Office PDF of “On the Frontlines in Turbulent Times,” a hearing of the Subcommittee on Transportation and Maritime Security of the House Committee on Homeland Security on Tuesday, November 16, 2021 via Webex (Serial No. 117–37), with Chairwoman Bonnie Watson Coleman presiding. The witnesses were Everett B. Kelley of the American Federation of Government Employees, Sara Nelson of the Association of Flight Attendants, John Samuelsen of the Transport Workers Union of America and John A. Casaretti of the Air Marshal Association. Committee Chairman Thompson’s statement said the Federal Aviation Administration had reported over 5,100 unruly passenger incidents that year, of which over 3,700 were mask-related.
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ON THE FRONTLINES IN TURBULENT TIMES:
WORKFORCE PERSPECTIVES ON THE STATE
OF TRANSPORTATION SECURITY
HEARING
BEFORE THE
SUBCOMMITTEE ON
TRANSPORTATION AND
MARITIME SECURITY
OF THE
COMMITTEE ON HOMELAND SECURITY
HOUSE OF REPRESENTATIVES
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
NOVEMBER 16, 2021
Serial No. 117–37
Printed for the use of the Committee on Homeland Security
Available via the World Wide Web: http://www.govinfo.gov
U.S. GOVERNMENT PUBLISHING OFFICE
47–114 PDF WASHINGTON : 2022
Congress.#13
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COMMITTEE ON HOMELAND SECURITY
BENNIE G. THOMPSON, Mississippi, Chairman
SHEILA JACKSON LEE, Texas JOHN KATKO, New York
JAMES R. LANGEVIN, Rhode Island MICHAEL T. MCCAUL, Texas
DONALD M. PAYNE, JR., New Jersey CLAY HIGGINS, Louisiana
J. LUIS CORREA, California MICHAEL GUEST, Mississippi
ELISSA SLOTKIN, Michigan DAN BISHOP, North Carolina
EMANUEL CLEAVER, Missouri JEFFERSON VAN DREW, New Jersey
AL GREEN, Texas RALPH NORMAN, South Carolina
YVETTE D. CLARKE, New York MARIANNETTE MILLER-MEEKS, Iowa
ERIC SWALWELL, California DIANA HARSHBARGER, Tennessee
DINA TITUS, Nevada ANDREW S. CLYDE, Georgia
BONNIE WATSON COLEMAN, New Jersey CARLOS A. GIMENEZ, Florida
KATHLEEN M. RICE, New York JAKE LATURNER, Kansas
VAL BUTLER DEMINGS, Florida PETER MEIJER, Michigan
NANETTE DIAZ BARRAGÁN, California KAT CAMMACK, Florida
JOSH GOTTHEIMER, New Jersey AUGUST PFLUGER, Texas
ELAINE G. LURIA, Virginia ANDREW R. GARBARINO, New York
TOM MALINOWSKI, New Jersey
RITCHIE TORRES, New York
HOPE GOINS, Staff Director
DANIEL KROESE, Minority Staff Director
NATALIE NIXON, Clerk
SUBCOMMITTEE ON TRANSPORTATION AND MARITIME SECURITY
BONNIE WATSON COLEMAN, New Jersey, Chairwoman
DONALD M. PAYNE, JR., New Jersey CARLOS A. GIMENEZ, Florida, Ranking
DINA TITUS, Nevada Member
JOSH GOTTHEIMER, New Jersey JEFFERSON VAN DREW, New Jersey
ELAINE G. LURIA, Virginia RALPH NORMAN, South Carolina
BENNIE G. THOMPSON, Mississippi (ex officio) MARIANNETTE MILLER-MEEKS, Iowa
JOHN KATKO, New York (ex officio)
ALEX MARSTON, Subcomittee Staff Director
KATHRYN MAXWELL, Minority Subcomittee Staff Director
ALICE HAYES, Subcomittee Clerk
(II)
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CONTENTS
Page
STATEMENTS
The Honorable Bonnie Watson Coleman, a Representative in Congress From
the State of New Jersey, and Chairwoman, Subcommittee on Transpor-
tation and Maritime Security:
Oral Statement ..................................................................................................... 1
Prepared Statement ............................................................................................. 2
The Honorable Carlos A. Gimenez, a Representative in Congress From the
State of Florida, and Ranking Member, Subcommittee on Transportation
and Maritime Security:
Oral Statement ..................................................................................................... 3
Prepared Statement ............................................................................................. 4
The Honorable Bennie G. Thompson, a Representative in Congress From
the State of Mississippi, and Chairman, Committee on Homeland Security:
Oral Statement ..................................................................................................... 4
Prepared Statement ............................................................................................. 5
WITNESSES
Mr. Everett B. Kelley, National President, American Federation Of Govern-
ment Employees, AFL–CIO:
Oral Statement ..................................................................................................... 7
Joint Prepared Statement ................................................................................... 8
Ms. Sara Nelson, International President, Association of Flight Attendants–
CWA, AFL–CIO:
Oral Statement ..................................................................................................... 10
Joint Prepared Statement ................................................................................... 12
Mr. John Samuelsen, International President, Transport Workers Union of
America, AFL–CIO:
Oral Statement ..................................................................................................... 23
Joint Prepared Statement ................................................................................... 25
Mr. John A. Casaretti, President, Air Marshal Association:
Oral Statement ..................................................................................................... 29
Joint Prepared Statement ................................................................................... 31
APPENDIX
Questions From Honorable Donald M. Payne, Jr. for Everett B. Kelley ........ 47
Question From Honorable Donald M. Payne, Jr. for Sara Nelson ................... 48
Question From Honorable Donald M. Payne, Jr. for John Samuelsen ............ 48
(III)
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ON THE FRONTLINES IN TURBULENT TIMES:
WORKFORCE PERSPECTIVES ON THE STATE
OF TRANSPORTATION SECURITY
Tuesday, November 16, 2021
U.S. HOUSE OF REPRESENTATIVES,
COMMITTEE ON HOMELAND SECURITY,
SUBCOMMITTEE ON TRANSPORTATION
AND MARITIME SECURITY,
Washington, DC.
The subcommittee met, pursuant to notice, at 2 p.m., via Webex,
Hon. Bonnie Watson Coleman [Chairwoman of the subcommittee]
presiding.
Present: Representatives Watson Coleman, Payne, Titus,
Gottheimer, Thompson (ex officio), Gimenez, Van Drew, and Miller-
Meeks.
Mrs. WATSON COLEMAN. The Subcommittee on Transportation
and Maritime Security will come to order.
The subcommittee is meeting to receive testimony at today’s
hearing entitled, ‘‘On the Frontlines in Turbulent Times: Workforce
Perspectives on the State of Transportation Security.’’
Without objection, the Chair is authorized to declare the sub-
committee in recess at any point.
Good afternoon. I would like to thank our witnesses for their
willingness to appear before us today as we look ahead to what
promises to be a very busy holiday season, travel season.
The safety of front-line workers and passengers is paramount,
particularly as we continue to battle a pandemic that has turned
many of our usual travel customs and norms on their head. While
this is not the first year that our country will celebrate the holi-
days with COVID–19 in our midst, it is heartening that almost 60
percent of the population is fully vaccinated against this virus.
While we still have a ways to go, strong protection from the worst
effects of the virus means more families can safely reunite during
this special time of the year.
Last Monday was the deadline for Federal employees, including
Transportation Security Officers, to receive their last shot of a two-
dose vaccine regimen, or a single dose in the case of the Johnson
& Johnson vaccine, to meet the November 22 deadline to be fully
vaccinated, per President Biden’s recent Executive Order. In addi-
tion, many major airlines have required their employees to receive
their shots ahead of the January 4 deadline for Federal contractors.
I look forward to hearing from our witnesses about how vaccina-
tion efforts are progressing among their memberships and the part-
(1)
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2
nerships between employees and employers that these efforts have
borne.
In addition to COVID–19, there is another scourge that continues
to plague our air travel, and that is unruly passengers. This topic
is not new to this subcommittee. In July, we discussed how this
bad behavior is affecting TSOs and other front-line workers who
are simply doing their jobs to keep the traveling public safe. Yet,
the number of these incidents continues to climb. Far too many are
related to passengers who refuse to abide by the Federal require-
ment to wear a mask in transportation settings, a requirement that
is critical to reducing viral transmission and getting this pandemic
under control.
Last month, I joined the Chairman of the full committee, Chair-
man Thompson, in writing to TSA to urge the agency to pursue
civil penalties for offenders more aggressively, following reports
that TSA had only issued fines against 10 people. Recent reports
tell us that TSA has now assessed $85,990 in fines against 190 in-
dividuals.
While this is indeed an improvement, the consequences of as-
saulting TSOs, flight attendants, or ground-based workers should
be made explicitly clear, and violators must be held accountable,
without exception.
There are many other challenges that are facing our front-line
workers that are ripe for discussion today, as well as proposed solu-
tions that I hope will present common ground for Members of this
subcommittee.
[The statement of Chairwoman Watson Coleman follows:]
STATEMENT OF CHAIRWOMAN BONNIE WATSON COLEMAN
TUESDAY, NOVEMBER 16, 2021
The Subcommittee on Transportation and Maritime Security will come to order.
The subcommittee is meeting to receive testimony at today’s hearing entitled, ‘‘On
the Frontlines in Turbulent Times: Workforce Perspectives on the State of Transpor-
tation Security.’’
Without objection, the Chair is authorized to declare the subcommittee in recess
at any point.
Good afternoon. I would like to thank our witnesses for their willingness to ap-
pear before us today as we look ahead to what promises to be a busy holiday travel
season.
The safety of front-line workers and passengers is paramount, particularly as we
continue to battle a pandemic that has turned many of our usual travel customs
and norms on their head.
While this is not the first year that our country will celebrate the holidays with
COVID–19 in our midst, it is heartening that almost 60 percent of the population
is fully vaccinated against the virus.1
While we still have a ways to go, strong protection from the worst effects of the
virus means more families can safely reunite during this special time of year.
Last Monday was the deadline for Federal employees, including Transportation
Security Officers (TSOs), to receive their last shot of a two-dose vaccine regimen—
or single dose in the case of the Johnson & Johnson vaccine—to meet the November
22 deadline to be fully vaccinated, per President Biden’s recent Executive Order.
In addition, many major airlines have required their employees to receive their
shots ahead of the January 4 deadline for Federal contractors.
I look forward to hearing from our witnesses about how vaccination efforts are
progressing among their memberships, and the partnerships between employees and
employers that these efforts have borne.
1 https://www.mayoclinic.org/coronavirus-covid-19/vaccine-tracker.
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3
In addition to COVID–19, there is another scourge that continues to plague air
travel: Unruly passengers.
This topic is not new to this subcommittee. In July, we discussed how this bad
behavior is affecting TSOs and other front-line workers who are simply doing their
jobs to keep the traveling public safe.
And yet, the number of these incidents continues to climb.
Far too many are related to passengers who refuse to abide by the Federal re-
quirement to wear masks in transportation settings, a requirement that is critical
to reducing viral transmission and getting this pandemic under control.
Last month, I joined the Chairman of the full committee, Chairman Thompson,
in writing to TSA to urge the agency to pursue civil penalties for offenders more
aggressively following reports that TSA had only issued fines against 10 people.
Recent news reports tell us that TSA has now assessed $85,990 in fines against
190 individuals.2
While this is an improvement, the consequences of assaulting TSOs, flight attend-
ants, or ground-based workers should be made explicitly clear and violators must
be held accountable without exception.
There are many other challenges facing our front-line workers that are ripe for
discussion today, as well as proposed solutions that I hope will present common
ground for Members of this subcommittee.
I now recognize the Ranking Member of the subcommittee, the gentleman from
Florida, Mr. Gimenez, for his opening statement.
Mrs. WATSON COLEMAN. As the Chairwoman, I now recognize the
Ranking Member of this subcommittee, the gentleman from Flor-
ida, Mr. Gimenez, for his opening statement. Is he here?
Mr. GIMENEZ. Thank you, Chairwoman Watson Coleman, for
holding this hearing today.
As we have seen during COVID–19 pandemic, the U.S. transpor-
tation system is key to our economy. It truly powers our way of life.
We are finally, after 18 difficult months, seeing a resurgence of
travel in our tourism industry.
My home city of Miami is one of the top destinations for trav-
elers, and our airport has already seen domestic leisure travel at
prepandemic levels. International bookings are up nearly 50 per-
cent from—down 50 percent from 2019, but they are also resurging.
They are projected to increase substantially with the recent open-
ings of international flights in and out of Miami.
As we enter the busy holiday travel season, we must ensure the
safety and security of the transportation work force and the trav-
eling public. I am concerned that TSA is not adequately staffed to
handle the rise in travelers that we will see in airports across the
country over the next few weeks. In addition, the administration’s
mandate that all Federal employees be fully vaccinated for
COVID–19 by next week, November 22, could contribute to a lack
of staffing at airports.
The TSA work force has shown their dedication to our Nation
day in and day out, and now they are being threatened with being
disciplined or even losing their jobs. TSA employees should have
the right to choose if and when they will receive the vaccine based
on their personal health considerations, and their own time line,
not from a Government mandate.
TSA has not said what percentage of its employees provided
proof of their COVID–19 vaccinations. What is TSA’s plan here?
Are they going to discipline or even fire employees who are not
fully vaccinated? Is this going to happen before the holidays? I
don’t understand how TSA can staff airport checkpoints over the
2 https://www.reuters.com/world/us/us-agency-ramps-up-fines-travelers-failing-wear-masks-
2021-10-28/.
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4
holidays and beyond without these valuable skilled front-line em-
ployees.
I am also concerned that there has been a dramatic increase in
the amount of violent and disruptive passengers in surface trans-
portation systems at our airports and in flights. These incidents
need to stop. I want to hear from our witnesses on how TSA and
the Federal air marshals can play an increased role in transpor-
tation security.
I look forward to learning from the witnesses today and what
they are hearing from their memberships on these important
issues. Transportation workers are crucial to the country’s move-
ment of goods, services, and people. Our economy cannot rebuild
without them.
Madam Chairwoman, I yield back. Thank you.
[The statement of Ranking Member Gimenez follows:]
STATEMENT OF RANKING MEMBER CARLOS GIMENEZ
NOVEMBER 16, 2021
Thank you, Chairwoman Watson Coleman, for holding this hearing today.
As we have seen during the COVID–19 pandemic, the U.S. transportation system
is key to our economy. It truly powers our way of life. We are finally, after 18 dif-
ficult months, seeing a resurgence of our travel and tourism industry.
My home city of Miami is one of the top destinations for travelers and our airport
has already seen domestic leisure travel at pre-pandemic levels. International book-
ings are up to only 50 percent from 2019, but are projected to increase substantially
with the recent opening of international flights in and out of Miami.
As we enter the busy holiday travel season, we must ensure the safety and secu-
rity of the transportation workforce and the traveling public. I’m concerned that
TSA is not adequately staffed to handle the rise in travelers that we will see in air-
ports across the country over the next few weeks.
In addition, the Biden administration’s mandate that all Federal employees be
fully vaccinated for COVID–19 by next week—November 22—could contribute to a
lack of staffing at airports. The TSA workforce has shown their dedication to our
Nation day in and out, and now they’re threatened with being disciplined and even
losing their jobs? TSA employees should have the right to choose if and when they
will receive the vaccine based on personal health considerations and their own time
line, not from a Government mandate.
TSA has not said what percentage of its employees provided proof of their
COVID–19 vaccination. What is TSA’s plan here? Are they going to discipline or
even fire employees who are not fully vaccinated? Is this going to happen before the
holidays? I don’t understand how TSA can staff airport checkpoints over the holi-
days and beyond without these valuable and skilled front-line employees.
I’m also concerned that there has been a dramatic increase in the amount of vio-
lent and disruptive passengers in surface transportation systems, at our airports,
and in flight. These incidents need to stop and I want to hear from our witnesses
on how TSA and its Federal air marshals can play an increased role in transpor-
tation security.
I look forward to learning from the witnesses today what they’re hearing from
their membership on these important issues. Transportation workers are crucial to
the country’s movement of goods, services, and people. Our economy cannot rebuild
without them.
Madame Chairwoman, I yield back.
Mrs. WATSON COLEMAN. I thank the Ranking Member.
I would now like to recognize the Chairman of the full com-
mittee, the gentleman from Mississippi, Mr. Thompson, for an
opening statement.
Mr. THOMPSON. Thank you very much, Chairwoman Watson
Coleman. I thank our witnesses for joining us today.
As we prepare for the holidays and the busy travel season ahead,
we must ensure that our transportation security infrastructure is
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5
capable of handling the challenge we face. With travel volume in-
creasing at U.S. airports and transit sites around the country, we
have seen a rise in incidents involving unruly passengers and as-
saults against transportation workers. Further complicating mat-
ters are TSA staffing issues and lack of enforcement or penalties
imposed on those who disregard the law, like the Federal mask
mandate.
This year alone, the Federal Aviation Administration has re-
ported over 5,100 unruly passenger incidents, of which over 3,700
are mask-related. These numbers do not account for the over-
whelming number of incidents happening at ground transit sites
around the country.
Last month, as you have already heard, subcommittee Chair-
woman Watson Coleman and myself wrote the TSA administrator,
David Pekoske, to encourage TSA to increase the penalties it im-
poses on offenders and publicize its efforts. Robust enforcement is
key to deterring this unacceptable behavior. I am a firm believer
that having a strong transportation work force is an essential com-
ponent to having a strong National security infrastructure.
These essential workers are not only facing attacks from unruly
passengers, but the daily risk of being infected by the COVID–19
virus while performing their duties. To date, over 11,000 TSA em-
ployees have tested positive for COVID–19, and, tragically, at least
32 have died.
Yet long-standing issues like the lack of fair pay continues to
plague the agency’s work force, with travel volumes steadily rising.
The Biden administration has shown encouraging signs of support
for workers’ rights. However, we still have a way to go in terms of
providing these rights and improving working conditions.
TSA continues to rank at or near the bottom in the annual Best
Places to Work survey, while low morale is contributing to high
turnover at the agency. If TSA cannot hire and retain the highly
skilled, dedicated work force it needs, it will struggle to keep up
with increasing passenger volume and ultimately place our trans-
portation systems at risk.
All these factors make this hearing timely. I am especially eager
to hear from our witnesses who have a unique perspective and in-
sight into these issues and others impacting transportation work-
ers.
I would like to thank our front-line workers and their families
for their dedication and sacrifice during these times. I would also
like to thank Chairwoman Watson Coleman and the Transpor-
tation and Maritime Security subcommittee Members for bringing
these issues to the forefront.
Thank you again to our witnesses. I appreciate your efforts to
protect the traveling public, and I look forward to your testimony.
[The statement of Chairman Thompson follows:]
STATEMENT OF CHAIRMAN BENNIE G. THOMPSON
NOVEMBER 16, 2021
As we prepare for the holidays and the busy travel season ahead, we must ensure
that our transportation security infrastructure is capable of handling the challenges
we face. With travel volume increasing at U.S. airports and transit sites around the
country, we have seen a rise in incidents involving unruly passengers and assaults
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6
against transportation workers. Further complicating matters are TSA staffing
issues and the lack of enforcement of penalties imposed on those who disregard the
law, like the Federal mask mandate.
This year alone, the Federal Aviation Administration has reported over 5,100 un-
ruly passenger incidents, of which over 3,700 are mask-related. These numbers do
not account for the overwhelming number of incidents happening at ground transit
sites around the country. Last month, Subcommittee Chairwoman Watson Coleman
and I wrote to TSA Administrator David Pekoske to encourage TSA to increase the
penalties it imposes on offenders and publicize its efforts. Robust enforcement is key
to deterring this unacceptable behavior.
I am a firm believer that having a strong transportation workforce is an essential
component to having a strong National security infrastructure. These essential
workers are not only facing attacks from unruly passengers, but the daily risk of
being infected by the COVID–19 virus while performing their duties. To date, over
11,000 TSA employees have tested positive for COVID–19, and tragically at least
32 have died. Yet, long-standing issues like the lack of fair pay continue to plague
the agency’s workforce with travel volume steadily rising.
The Biden administration has shown encouraging signs of support for workers’
rights; However, we still have a way to go in terms of providing these rights and
improving working conditions. TSA continues to rank at or near the bottom in the
annual ‘‘Best Places to Work’’ survey, with low morale contributing to high turnover
at the agency. If TSA cannot hire and retain the highly-skilled, dedicated workforce
it needs, it will struggle to keep up with increasing passenger volume and, ulti-
mately, place our transportation systems at risk.
All these factors make this hearing timely. I am especially eager to hear from our
witnesses who have a unique perspective and insight into these issues and others
impacting transportation workers. I would like to thank our front-line workers and
their families for their dedication and sacrifice during these times.
Mrs. WATSON COLEMAN. Thank you, Mr. Chairman.
Other Members of the subcommittee are reminded that, under
the committee rules, opening statements may be submitted for the
record. Members are also reminded that the committee will operate
according to the guidelines laid out by the Chairman and the Rank-
ing Member of the full committee in their February 3 colloquy re-
garding remote procedures.
I will now welcome our panel of witnesses.
Our first witness is Dr. Everett Kelley, national president of the
American Federation of Government Employees. Dr. Kelley has
been the national president of AFGE since February of last year
and an AFGE member of 40 years.
Our second witness is Ms. Sara Nelson, international president
of the Association of Flight Attendants. She started her career as
a flight attendant for United Airlines in 1996, and rose to the role
of international president in 2014.
Our third witness is Mr. John Samuelsen, international presi-
dent of the Transport Workers Union, TWU. He is a former track
worker with New York City Transit, and has served as the inter-
national president of TWU since 2017.
Our fourth witness is Mr. John Casaretti, president of the Air
Marshals Association. He is a former senior Federal Air Marshal,
and he has served as president of the AMA since its formation in
2011.
I want to thank all the witnesses today for their participation.
I look forward to hearing your testimony.
Without objection, the witnesses’ full statements will be inserted
in the record.
I am now asking each witness to summarize their statement for
5 minutes, beginning with Dr. Kelley.
You need to unmute, Dr. Kelley.
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7
STATEMENT OF EVERETT B. KELLEY, NATIONAL PRESIDENT,
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
AFL–CIO
Mr. KELLEY. Thank you so much. Can you hear me now?
OK. Thank you.
Chairman Watson Coleman, Ranking Member Gimenez, Chair-
man Thompson, Ranking Member Katko, and Members of the sub-
committee, on behalf of the American Federation of Government
Employees, I thank you for the opportunity to testify today.
Among the 700,000 Federal employees AFGE represents, we are
proud to count approximately 45,000 Transportation Security Offi-
cers at TSA who protect the flying public.
Today’s topic is timely as we all prepare for the holiday season
and brace ourselves against potential turbulence, literal and other-
wise. Although we can all rejoice in the fact that the declining
COVID infections mean that there will be an increase in the vol-
ume of passengers at airports this holiday season, that increase
will bring many challenges to airports, airlines, and to TSA.
For many travelers, this season will be the first trip since the
pandemic began, and they may be a little nervous too. All of us
worry about the possibility of a resurgence of COVID and another
new variant, and we are almost certain that there will be weather
and mechanical delays to challenge us, you know, as well.
I won’t hold you in suspense. You know, I am going to skip right
to the conclusion, right to the conclusion. We do not have control
over every potential source of tension affecting travel during the
holiday season, but there are some things that we can do to mini-
mize problems. Let’s focus on those things.
First of all, TSA must staff adequately and appropriately, and
ensure personnel, TSOs, and supervisors are well-trained in han-
dling abuse and violence by passengers at the checkpoint. TSOs
need to know that supervisors have their back when passengers en-
gage in abusive behavior. TSA must adopt a zero-tolerance policy
for abuse directed at its work force.
Second, the greatest source of fear and anxiety for TSOs and all
Federal employees at the end of the year is the threat of another
Government shutdown. Year after year, TSOs look ahead to the
holiday season with a certain amount of dread at the prospect of
another shutdown, wondering whether they will be able to afford
their rent, utilities, or even groceries, let alone Christmas presents
and Christmas dinner.
I urge Congress to pass not just another continuing resolution
with the current one expiring on December 3, but instead to enact
a full year funding.
Third, during the extended drop-off in passenger travel during
the COVID–19 pandemic, TSA, if you will, allowed its screening
work force to decline by several thousand TSOs. With traveling re-
suming and even increasing, TSA is hiring but has not filled all of
the vacancies that many new TSOs are still training at this time
when a full work force is needed.
While the AFGE has strongly urged all our members to get the
COVID vaccine, there are some who have not done so. Now, this
doesn’t have to add a burden to the holiday travel. AFGE has
called upon President Biden to align the vaccine deadline for Fed-
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8
eral employees with its deadline for Federal contractors who work
alongside them. Extending the deadline until January 4 will pro-
vide consistency and will also provide fairness.
Now, I make this point in my written testimony that none of the
turbulence and—the committee is examining today is new to the
TSO work force. They have endured violence and abuse, Govern-
ment shutdowns, illnesses, and harassment, and intimidation at
the hand of their supervisors. All of this for the lowest pay in the
Federal service.
So my final recommendation is that Congress get on with pass-
ing the legislation, because this is going to be important to all of
us, right? This committee has already reported favorably the
‘‘Rights for the TSA Workforce Act,’’ and press your Senate coun-
terparts to do the same.
You know, a TSO protects the flying public and keep our skies
safe. They show up and do their job in the most trying of cir-
cumstances and have done so time and time again over the 20
years TSA has been in operation. We count on TSOs to do an es-
sential job for our security and now it is time for the TSOs to count
on the support of their Government to provide them a safe, respect-
ful, and fully funded place to work.
So thank you for having me to testify today. I will be happy to
answer any questions that you might have.
[The prepared statement of Mr. Kelley follows:]
PREPARED STATEMENT OF EVERETT B. KELLEY
NOVEMBER 16, 2021
Chairwoman Watson Coleman, Chairman Gimenez, Chairman Thompson, Rank-
ing Member Katko, and Members of the subcommittee: The American Federation of
Government Employees, AFL–CIO (AFGE), which represents 700,000 Federal and
District of Columbia employees in 70 agencies, including approximately 45,000
Transportation Security Officers (TSOs) at the Transportation Security Administra-
tion (TSA) thanks the subcommittee for holding this important hearing today, ‘‘On
the Frontlines in Turbulent Times: Workforce Perspectives on the State of Transpor-
tation Security.’’ I reflected on this title to the hearing for a few moments and won-
dered when times have not been turbulent for TSOs since the inception of TSA.
In recent years TSOs have worked on the frontlines through multiple Government
shutdowns, including the unprecedented 35-day shutdown in 2018–2019. Though
TSOs are among the lowest-paid Federal employees, they worked without pay over
a span of three pay periods and some are still digging out from the financial con-
sequences of having to go without paychecks for over a month. For someone working
with low pay and few rights at work, having to borrow money or work temporary
second and third jobs, and deal with not being able to pay rent, car payments, child
support, or even groceries—that is the real definition of turbulent times.
PANDEMIC THREATS TO TSO S
As the COVID–19 Pandemic spread across the country, TSOs remained on the job
before safety protocols were approved. TSOs were among the first to call for masks,
eye shields, and hand sanitizer well before the agency approved safety measures for
its workforce. We witnessed the spread of COVID among TSOs from those first
three cases reported in San Jose, California in early March 2020 to well over 10,000
today. We called upon TSA to require masks and supply personal protective equip-
ment at checkpoints and yet the agency delayed the requirement for many weeks
before exercising its existing authority to protect its personnel, airport workers, and
the flying public with that simple measure. By that point TSOs had been required
to wear masks for months, but they were face-to-face and conducting pat-downs of
people who remained unmasked.
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VIOLENCE AND ABUSE AT CHECKPOINTS
Throughout TSA’s 20 years in operation, TSOs have faced countless acts of vio-
lence and abuse at the hands of the public at security checkpoints. In a few cases,
they have lost their lives. Following the point-blank shooting death of officer
Gerardo Hernandez at the checkpoint at Los Angeles International Airport in No-
vember 2013, Congresswoman Julia Brownley (D–CA) introduced legislation, the
‘‘Honoring Our Fallen TSO Officers Act’’ to extend public safety officer death bene-
fits to survivors of TSOs in such instances. She has reintroduced the legislation in
every Congress since then, but efforts toward passage have faltered because of paro-
chial interests who block its progress while survivors suffer.
Violence and threats toward TSOs and all personnel in airports should be met
with zero tolerance. TSA supervisors should be trained to de-escalate erupting vio-
lence at checkpoints such as yelling, spitting, throwing of objects, shoving and other
forms of altercation and they should have the authority to remove those individuals
from the checkpoint. These are not isolated incidents—every day TSOs endure being
spat upon for reminding passengers at checkpoints they must wear a mask, and
shoved, berated, and mocked for enforcing standard procedures for carrying liquids,
laptops, and removing loafers. TSOs are put in a position where they must endure
the abuse as they send a volatile person forward to impose their abusive behavior
on other airport and airline personnel. In too many cases TSOs must either tolerate
abuse or risk discipline that could include removal from their jobs. There is legisla-
tion in development that would impose limitations, potentially reaching the level of
a no-fly list, for passengers who are abusive to TSOs and airline flight and ground
personnel. We ask that this approach is given thoughtful consideration by this sub-
committee and the full Congress.
ABUSE BY SUPERVISORY PERSONNEL
Too often, the perpetrators of the humiliation and intimidation against TSOs are
the TSA supervisors themselves. TSA supervisors and managers on-site at airports
have allowed a culture of bullying and intimidation to flourish over the 20 years
TSA has been in operation to the point almost every airport is a toxic work environ-
ment. As this committee examines tumult in transportation security, it must thor-
oughly investigate and help to root out this dangerous work culture. I testified ear-
lier this year that TSOs work under the threat they will be ‘‘written up’’ and bullied
by supervisors when instead they should be trained in new standard operating pro-
cedures. At the direction of the Biden administration, TSA has taken some adminis-
trative steps 1 to provide means of challenging discipline and appealing unfair deci-
sions, but it will take a top-down commitment to eradicate this culture of abuse.
Despite these important measures, I have testified before and will tell you again,
our TSOs need full collective bargaining rights in statute. This committee has
backed legislation to achieve this goal and we hope you will work with us to get
it passed in both the full House and in the Senate.
STABLE GOVERNMENT FUNDING
I need not remind you that the continuing resolution under which the Federal
Government operates is set to expire on December 3, 2021, in the middle of the peak
holiday travel season. The single most important thing Congress can do to ensure
a turbulence-free season is to ensure that there no Government shut-down on De-
cember 3 or a looming shut-down through December and early January. I already
mentioned the personal financial havoc the last shut-down caused; continued
threats of future shut-downs create stress and uncertainty at TSA and throughout
the Federal Government that has bearing on morale, mental health, productivity
and National security.
PLANNING FOR ADEQUATE STAFFING
TSA has hired many new TSOs this year as Americans have begun to travel
more, but many are still in training. During the holidays, some will be experiencing
air travel for the first time since the COVID–19 Pandemic significantly reduced air
travel over the past 18 months.2 It is incumbent upon TSA to not only remind pas-
sengers to arrive early and expect long lines, but also to prepare its supervisors and
TSOs for the holiday rush. Since this subcommittee is concerned with the smooth
1 Executive Order 14025 April 26, 2021: Worker Organizing and Empowerment; Department
of Homeland Security and Memorandum June 3, 2021: Supporting the TSA Workforce Through
Improving the Transportation Security Officer Employee Experience.
2 TSA passenger throughput data https://www.tsa.gov/coronavirus/passenger-throughput.
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operation of passenger travel through the holiday season, it should urge TSA to
fully prepare for staffing levels and address the potential for long lines and disrup-
tive passengers. Doing so now is key to a safe and healthy traveling season.
COVID THREAT AND VACCINATION
I know this subcommittee is concerned with what the COVID–19 vaccine mandate
for Federal employees may mean for travel during the holiday rush season. AFGE
has strongly encouraged our members and our own employees to get vaccinated to
protect themselves, their families, coworkers, and the public. On November 4, 2021
the Biden administration announced that it was extending the vaccine mandate
deadline for Federal contractors until January 4, 2022 to be vaccinated and until
January 18, 2022 to be fully vaccinated. Federal contractor employees work along-
side Federal employees throughout the Federal Government. We have called on the
administration to provide parity with Federal employees by changing the deadline
to be vaccinated to January 4 for Federal employees as well. It is inexcusable that
contractors are being given the entire holiday season to meet the mandates, while
Federal employees continue to be subject to the November 22 deadline. The effect
upon morale of Federal employees being subject to possible discipline at this time
of year cannot be overstated. I share the administration’s goal of beating the pan-
demic and appreciate the vital role of vaccination in this effort but setting different
compliance deadlines for employees and contractors is both harmful to morale and
substantively unjustified. TSOs should be focused on protecting the flying public
during this peak holiday travel season, not on the threat of discipline that could re-
sult in losing their jobs.
STILL ON THE JOB
The point I want to make most clearly is: TSOs protect the flying public and keep
our skies safe. They show up and do their jobs in the most trying of circumstances
and have done so time and time again over the 20 years TSA has been in operation.
They have been there through poverty, panic, and now a pandemic. They are a
proud, enduring, and resilient workforce. We count on TSOs to do an essential job
for our security and now is a time for TSOs to count on the support of their Govern-
ment to provide them a safe, respectful, and fully-funded place of work.
RECOMMENDATIONS
This committee can take direct action and/or direct of the administration to take
action by:
• Passing a full-year appropriations bill before December 3 to keep the Govern-
ment fully functional and allay future threats of looming shut-downs;
• Employing zero tolerance of violence and abuse and checkpoints;
• Extending zero tolerance to supervisors—step up training, de-escalation of po-
tentially violent situations, and retrain to discipline supervisors who rein over
their airports and checkpoints through systems of bullying and intimidation;
• Planning for adequate peak schedule staffing to minimize lines and reduce the
risk of violent and abusive behavior at checkpoints;
• Providing parity in the implementation of vaccine mandates with Government
contractors by extending the deadline to January 4;
• Passing legislation to guarantee full collective bargaining rights and pay to
TSOs.
These are practical steps that will result in less turbulence, ensure passenger and
employee safety, and allow the traveling pubic to focus on the good of the holiday
season.
AFGE looks forward to working with the committee and with TSA to achieve a
safe, efficient, and positive experience for the flying public as well as those charged
with carrying out the mission of airport security.
Mrs. WATSON COLEMAN. Wow, great timing. Thank you, Dr.
Kelley.
I would now like to recognize Ms. Nelson.
STATEMENT OF SARA NELSON, INTERNATIONAL PRESIDENT,
ASSOCIATION OF FLIGHT ATTENDANTS–CWA, AFL–CIO
Ms. NELSON. Thank you, Chair Watson Coleman, Ranking Mem-
ber Gimenez, Chair Thompson, and Ranking Member Katko, for
convening this hearing on the current threats to aviation security
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and the people on the front lines who are confronting the longest
sustained turbulent times in the history of our industry.
I am a 25-year flight attendant and president of our union, rep-
resenting flight attendants at 17 airlines across the industry, as
well as passenger service agents and ground service workers with
our partner union, the Communications Workers of America.
Over the course of this entire year, we have experienced more
disruptions in the skies and in airports than we have seen during
the entire history of aviation. While this is a relatively small group
of people compared with the overwhelming number of travelers
who want to follow the rules and have a safe, uneventful flight, the
rate at which they are acting out is at a frequency that is way out
of hand. At best, these individuals are creating a horrible experi-
ence for everyone; at worse, they are putting the safety and secu-
rity of everyone traveling at risk.
The constant refusal to comply with safety instructions is often
coupled with swearing and racist, sexist, homophobic language,
with the threat of violence or outright physical attack. I am dis-
turbed to report some flight attendants have been so traumatized
by these attacks they are hesitant to leave their hotels, their
homes, or sometimes even the aircraft when law enforcement has
failed to detain violent or threatening offenders. This has the effect
of making workers question whether to go back to work, hesitant
in performing safety duties, or directing safety in the cabin.
Dealing with a disruptive passenger used to be a rare event and
a really bad day at work. But today, flight attendants and other
aviation workers are aware before every trip, every shift, and our
families are too, that when we put on our uniforms, we are donning
a target for abuse, harassment, and violence. We cannot accept this
as the new normal. Flight attendants are begging, make it stop.
Aviation is about bringing people together, not tearing them
apart. It is the backbone of our economy and an expression of free-
dom, but this committee also knows the threats that still exist for
commercial aviation and efforts to use it as a weapon against our
country or peace around the world.
Failing to put a check on the rise in disturbances on the plane
puts us in jeopardy of missing cues of a coordinated attack, and
hands tools to those who wish to do us harm. We can take steps
to disrupt these disturbing trends and maintain aviation security.
We recommend these critical steps.
One, DOJ must act with urgency to conduct criminal prosecution.
People need to understand consequences are severe and real. Con-
sistent communication and enforcement of masks and alcohol poli-
cies in the airport. Ban to-go alcohol in airport and in-airport alco-
hol delivery. Increase staffing at the gate and on planes. Enlist ev-
eryone in the aviation ecosystem in efforts to communicate policies
and identify or report potential disruptions to keep problems on the
ground. Create a centralized list of violators to be used by all air-
lines for denying flights on all airlines for offenders.
Relevant House and Senate committees should work with ur-
gency to enact legislation that expands FBI concurrent jurisdiction
to include the jet bridge in order to ensure enforcement of Federal
crimes for violence that occurs when the airplane door is open.
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Finally, it is well past time for crew member self-defense training
and to make it mandatory and include it in initial and recurrent
flight attendant paid airline training overseen by TSA.
In 2004, after the 9/11 Commission recognized the need for this
training, we testified before this committee, stating: ‘‘On three sep-
arate occasions, Congress has specifically acknowledged the need
for this training: The Aviation and Transportation Security Act, the
Homeland Security Act, and the 2003 FAA Reauthorization Bill.
Yet these many attempts to provide flight attendants with mean-
ingful security training have not been successful.’’
Let’s finally make this training accessible as a tool for flight at-
tendants who serve our Nation as aviation’s last line of defense.
Thank you again so much for this hearing and attention on this
critical issue, and I look forward to your questions.
[The prepared statement of Ms. Nelson follows:]
PREPARED STATEMENT OF SARA NELSON
TUESDAY, NOVEMBER 16, 2021
INTRODUCTION
Thank you Chair Thompson, Chair Watson Coleman, Ranking Member Katko,
and Ranking Member Gimenez for convening this hearing on the current threats to
aviation security and the people on the frontlines who are confronting the longest
sustained turbulent times in the history of our industry.
My name is Sara Nelson. I am a 25-year union flight attendant and president of
the Association of Flight Attendants—CWA, AFL–CIO (AFA), representing flight at-
tendants 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 Communications 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 and
our Nation’s security.
In September, our unions testified before the House Transportation and Infra-
structure Subcommittee on Aviation regarding ‘‘Disruption in the Skies: The Surge
in Air Rage and its Effects on Workers, Airlines, and Airports.’’ Some of the testi-
mony we provide today echoes issues and proposed solutions raised in that hearing,
and updates where we have them. But today our focus is specific to aviation security
and the oversight of this subcommittee. There is no doubt this issue is of paramount
concern and requires all of us—Federal and private-sector workers, airlines, air-
ports, regulators, and lawmakers to act with coordinated urgency across aviation to
subdue this threat to aviation safety and security.
HIGH RATE OF DISRUPTIVE PASSENGERS RISK MISSED CUES OF COORDINATED ATTACK
We are on track to log more incidents of disruptive airline passengers in 2021
than we have seen in the history of aviation. While the number of bad actors is rel-
atively small, the incidents of disruptions have been so pervasive flight attendants
wonder every morning they put on their uniform whether it will be a sign of leader-
ship and authority in the cabin to keep everyone safe, or a target for a violent at-
tack. The frequency of events have led some in the media to refer to the disruptive
outbursts and violent behavior as a ‘‘new normal.’’ That is something we simply can-
not accept for our safety and security.
Flight attendants are aviation’s first responders, charged with the safety and
health of passengers and crew. For the past 20 years, since the tragic events of Sep-
tember 11, 2001, flight attendants have served as the last line of defense in aviation
security. We know there are two fundamentals in aviation safety and security: (1)
Remove all distractions from safety sensitive work, and (2) leave all threats to safe-
ty and security on the ground.
The threat of a 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 distractions due to defiance
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of passengers to comply with crew instructions to become a regular occurrence, we
are in jeopardy of missing cues of a coordinated attack. Every level of threat re-
quires vigilance and scrutiny. We cannot be lulled into a place of accepting these
distractions as a new normal.
AFA SURVEY RESULTS: 85 PERCENT OF FLIGHT ATTENDANTS HAVE EXPERIENCED AN
UNRULY PASSENGER EVENT IN 2021
On July 29, 2021, our union released 1 the results of a survey of nearly 5,000
flight attendants across 30 airlines between June 25, 2021 and July 14, 2021. Key
findings included:
• 85 percent of all respondents had dealt with unruly passengers in the first half
of 2021.
• 58 percent had experienced at least 5 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, sex-
ist, 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 on-board said
law enforcement was requested to meet their flight.
When asked what they believed to be the cause or escalating reasons for the un-
ruly behavior, flight attendants cited that mask compliance, alcohol, routine safety
reminders, flight delays, and cancellations were all common factors in unruly pas-
senger interactions. Many cited multiple factors contributed to incidents, which also
implies a compounding effect and an opportunity to reduce incidents.
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.
Racist, sexist, and homophobic abuse of flight crews creates a hostile environment
for everyone on-board, violates Federal law, and undermines the authority of those
charged with keeping order for a safe flight. It has no place anywhere, and certainly
not in a workplace environment.
Aviation security is at risk when crew are deterred from or delayed in performing
safety and security duties.
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 own regional subsidiaries, Piedmont Airlines and Envoy Air,
who have serious concerns about their safety in the workplace. They are looking to
Congress and this administration for action that shows the safety of ground service
workers is a priority.
1 https://www.afacwa.org/unrulylpassengerslsurvey.
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ACTION BY GOVERNMENT AND AIRLINES HAS MADE A DIFFERENCE—BUT MORE IS
NEEDED
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.’’ In addition, 49 U.S.
Code § 46504 states that ‘‘An individual on an aircraft in the special aircraft juris-
diction of the United States who, by assaulting or intimidating a flight crew member
or flight attendant of the aircraft, interferes with the performance of the duties of
the member or attendant or lessens the ability of the member or attendant to per-
form those duties, or attempts or conspires to do such an act, shall be fined under
title 18, imprisoned for not more than 20 years, or both. However, if a dangerous
weapon is used in assaulting or intimidating the member or attendant, the indi-
vidual shall be imprisoned for any term of years or for life.’’ Violations of the FAA
regulation carry up to $35,000 in fines for each incident, and if convicted under the
statute, up to 20 years in prison. While FAA investigations and fines levied are im-
portant, our experience is that public criminal prosecution serves as the most effec-
tive deterrent to potential aggressors. President Biden’s instruction to the U.S. De-
partment of Justice (DOJ) to ‘‘deal with the violence on aircraft’’ in early October
led to swift action to prosecute a violent passenger who punched a flight attendant
in the face on an American Airlines flight only a few weeks later.
FAA Administrator Steve Dickson and the entire agency have been relentless
about communicating the seriousness of air rage incidents, working with airlines,
airports, and unions to push for solutions that remove these threats, distractions,
and serious safety concerns from aviation. On November 4, the FAA referred 37 of
the most violent, physical assaults against crewmembers and passengers to the De-
partment of Justice for Federal prosecution. We need the DOJ to act quickly on
these incidents that have already been fully investigated by the FAA. This is the
most effective way to deter bad actors and put a stop to the spike in disruptive pas-
sengers.
One note on the referral of FAA reports—the investigation of these reports must
be concluded before the agency can refer them to the DOJ. This is not the only way
the DOJ can begin prosecution. A more streamlined process is an FBI investigation.
We need to ensure procedures are clear on referral to the FBI at the time of the
event, and that airlines are communicating to crews the importance of filing reports,
as well as providing emotional and legal support for the affected crewmembers. Ac-
tion is needed by Congress to extend concurrent jurisdiction to the FBI for incidents
that occur when the airplane door is open.
CENTRALIZED LIST OF VIOLATORS—DENY RIGHT TO FLY
Airlines have individually taken action to ban bad actors from future flights. For
example, United Airlines has banned over 1,000 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 deescalate a number of incidents involving disruptive
passengers. However, when incidents escalate to violence it is critical the perpetra-
tors face swift and thorough consequences.
We need Government action to create a centralized list of violators who will be
denied the freedom of flight on all airlines. If a passenger physically assaults crew-
members, gate agents, or other passengers on one airline, they pose a risk to pas-
sengers and crew at every airline. This should also include any assault on a Trans-
portation Security Officer as well. Violent offenders should be banned from flying
on all airlines without delay.
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.
CLEAR COMMUNICATION ON RULES AND CONSEQUENCES ARE KEY
We need everyone from the door of the airport to the flight deck, control towers,
concessionaires, airport workers, security, law enforcement, and travelers them-
selves to identify their part in helping promote calm, kindness, and above all—safe-
ty and security. More airport signage, airport PSAs, and notifications from the air-
line—starting when passengers purchase the tickets all the way up until boarding—
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should all be enhanced communication measures to reinforce the ‘‘zero-tolerance’’
policy, the fines/jail time consequences, and the rules associated with alcohol con-
sumption.
SEVERE STAFFING ISSUES EXACERBATED BY DISRUPTIVE PASSENGERS
Flight attendants and other front-line workers are exhausted. COVID–19 has
turned schedule forecasting on its head. There’s so much uncertainty in demand
that airlines are planning schedules much closer to the actual flights than they typi-
cally would, and we are seeing the results in disrupted operations.
Operational disruptions and flight cancellations have exacerbated tense conditions
in the airport and on planes. These issues were created pre-pandemic by increasing
‘‘productivity’’ and scheduling the operation by counting on a lot of overtime hours.
In the wake of COVID–19, uncertainty of scheduling, and stress at work, people are
simply not able to work as many overtime hours.
Airline bankruptcies in the wake of September 11 led to deep cuts to union con-
tracts and a push for more productivity. The result was cutting pay, but increasing
overtime hours to the point that one worker (with the exception of pilot duty and
rest rules with flight time maximums) covered flight hours or airport gates for every
two scheduled prior to September 11, 2001.
Airlines became accustomed to planning staffing based on voluntary overtime
hours. The hostile work environment—sometimes caused by frustration with flight
cancellations and delays—is a deterrent to workers picking up additional hours or
trips. One feeds off the other and increases the problem.
Further, across the industry as the focus was on cost-cutting, airlines reduced
staffing levels to FAA minimums. This means there are fewer flight attendants per
passenger and fewer front-line workers in the airports who are able to answer ques-
tions, identify problems early in order to de-escalate, or simply have back-up from
other workers when issues get out of hand or require physical restraint and a law
enforcement response. Regional airlines are reporting a couple of aggressive pas-
senger incidents per week and often there is a single flight attendant to face un-
hinged rages.
PAYROLL SUPPORT PROGRAM (PSP) RELIEF WAS CRITICAL
No one should question the effectiveness of the relief provided to airlines in order
to keep workers in our jobs, connected to our health care, and qualified to work.
We thank Congress once again for enacting the Payroll Support Program (PSP) that
kept aviation workers on the job for 16 months during the most severe impact of
COVID–19 on the industry. If it were not for this program the industry would not
have been able to meet return demand in any way and the millions of jobs sup-
ported by aviation would have been lost too. The economic impact of PSP helped
workers and companies beyond the direct grant recipients. We recently received this
message about a company in south Florida that was able to survive, maintain 850
jobs, and be in a position to hire more employees today simply because aviation
worker payroll was maintained.
‘‘I just wanted to thank you on behalf of all of the families, including mine, that
you impacted for the better across aviation over the past 2 years . . . I profoundly
remember sitting in our boardroom on March 10, 2020 talking about very difficult
choices that we needed to make just to survive until the next month given the new
and unforeseeable reality we faced. We had been in business for 2 decades and lit-
erally overnight we were confronted with what seemed to be an insurmountable
task to survive COVID–19 impacts on global aviation. As words such as shelter in
place started to become common lingo the prospects for our industry and the mil-
lions of jobs tied to it seemed bleak to say the least. A long story short, due to peo-
ple like you fighting on behalf of all of us and our families we have emerged strong-
er than ever and with more jobs and better salaries for our entire team. Thank you
on behalf of all the ancillary businesses and the millions of dependents that you
fought for in the darkest hours.’’
Maintaining jobs, certification, and security credentials puts us in a stronger posi-
tion to address today’s aviation security issues.
INCREASE STAFFING, INCREASE PAY, ENSURE PROPER REST
In the midst of uncertainty, airline management should plan schedules with more
staffing and reserves from the start, to avoid some of the issues we’ve seen over the
last few months.
Staffing up will require hiring, which takes time. Depending upon the position,
hiring takes anywhere from 2 to 6 months at a minimum—and will not serve as
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the only solution for this holiday season. In the mean time, negotiating staffing in-
centive programs with significantly increased pay like the one recently announced
at American Airlines and its wholly-owned regional carriers is a step in the right
direction. The United Airlines flight attendant contract also has significant incen-
tive pay as a tool for staffing when there are critical shortages.
The inability to increase staffing prior to the holidays is why stopping the disrup-
tive and violent incidents is so critical. Coordination between Government, airports,
and airlines can increase the effectiveness of current resources as everyone in the
aviation ecosystem understands their role in stopping these events before they start.
Current conditions and staffing shortages increase the urgency for the FAA and
DOT to implement the flight attendant rest rules mandated by Congress in 2018.
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–19
protocols, masking, the importance of following crewmember instructions, and the
penalties 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. Relevant House and Senate Committees should work with urgency to enact
legislation that expands FBI concurrent jurisdiction to include the jetbridge in
order to ensure enforcement of Federal crimes for violence that occurs when the
airplane door is open.
2. The DOJ must act with urgency to conduct criminal prosecution.
3. 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.
4. Enforce the mask mandate consistently, starting in the airport.
5. Increase coordination throughout the airport to keep problems on the ground
and respond effectively in the event of incidents.
6. Require that all airport bars, restaurants, and shops post signage and issue
verbal warnings to patrons who fail to comply with masking requirements and
regulations related to alcohol consumption.
DRUNK PASSENGERS AND ALCOHOL CONSUMPTION ALLOWED OUTSIDE OF CONCESSIONS
To facilitate mask-wearing and enhance COVID–19 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 on-board 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.
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We must convey to the subcommittee our profound dismay that some airport ven-
dors are actively undermining efforts to enhance compliance by encouraging pas-
sengers to violate alcohol consumption rules, while others have made an attempt to
communicate with messaging directly on the cups they use to serve the alcohol. This
is the kind of action airports can take that would be helpful.
We raised this issue during the September 2021 House Transportation and Infra-
structure Committee hearing and provided examples from Phoenix, St. Louis, and
JFK. Travelers are met with calls to order alcohol delivery to your gate and ‘‘cock-
tails to go.’’ One ad at JFK, urges passengers to drive one cocktail at the bar and
order up another to bring to the gate. This messaging is still in place today at these
airports and many others.
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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. Ban cocktails to-go and in-airport alcohol delivery.
2. Limit customers to purchasing one alcoholic beverage at a time.
3. Remind airports and vendors of their obligation not to serve inebriated pas-
sengers.
4. 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 work effectively in
order 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 auto-
matically generated. But it is not clear how incidents that do not involve a deviation
from the flight plan get reported or investigated. Law enforcement 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 offender will deplane and
walk away because the passenger service agents (PSA) are not sure what occurred
and there is no law enforcement presence.
We have attached reports to this testimony that detail the problems occurring
with inconsistent response or failure to hold offenders accountable. [See Appendix
A]
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It bears repeating that we need a centralized list of offenders shared among air-
lines and used to deny the ability to fly for a period of time commensurate with the
severity of the offense. We also recommend clarity for pilot reporting, ground re-
sponse protocols, immediate consequences, and criminal prosecution. The FAA pas-
senger fines should be directed into a legal/medical fund for affected crewmembers,
Passenger Service Agents, and Transportation Security Officers.
CREWMEMBER SELF DEFENSE TRAINING MUST BE MANDATORY
We thank this subcommittee and full committee for the consistent support of the
voluntary crewmember self defense training program run by U.S. air marshals
working in the Transportation Security Administration (TSA). This program is a
critical component of security and it was intended to be provided as part of manda-
tory security training following the events of September 11, 2001.
Given the rise in cases of criminal violence and refusal to comply with Federal
safety requirements on board passenger flights, it is essential that flight attendants
receive effective self-defense training that will better enable them to protect them-
selves and passengers from assault and injury.
BASIC COURSE
The basic course must allow for the repetition and drill necessary to gain the ap-
propriate intellectual, physical, and emotional responses needed to protect oneself,
fellow crewmembers, passengers, and the aircraft from acts of intimidation and as-
sault, causing injury and that may divert flight attendants from their duty to main-
tain situational awareness throughout the flight in order protect the flight deck and
aircraft from acts of terrorism such as hijack or sabotage.
Basic tactics, techniques, and procedures require the time necessary to become ap-
propriate and effective.
Classroom—Lecture and Multimedia Presentation designed to develop:
• Cognitive recognition of acts of terrorism based on historical precedence and the
latest counterterrorism intelligence.
• Stress inoculation against dealing with interpersonal human aggression and
life-threatening events.
Hands-on Training, to develop:
• Tactical knowledge and skills to work together as a team with other crew-
members and able-bodied passengers to prevent or mitigate any on-board acts
of physical violence. This will include the use of tactical communications be-
tween flight attendants, pilots, and any Federal air marshals and law enforce-
ment responders who may be on board.
• Techniques designed to allow flight attendants to protect themselves against
physical attack, restrain and monitor violent passengers for the remainder of
flight, as well as respond to acts of sabotage to include potential suicide bomb-
ers and to prevent attempts to breach the cockpit and utilize the aircraft as a
weapon of mass destruction.
• Procedures that are tested and proven to allow implementation of the tactics
and techniques necessary to accomplish the mission, goals and objectives called
out in the current Common Strategy Detailed Guidance provided by the Trans-
portation Security Administration to all commercial aircraft carriers.
Live Situational Exercises designed to test the flight attendants’:
• Learned knowledge, skills, and abilities
• Under high fidelity simulated surroundings and stress
• Within the confines of a safe training environment
Recurrent Training: Recurrent Training to include hands-on and situational exer-
cises.
• Reinforce and maintain basic level knowledge, skills, and abilities
• Introduce any updated information necessary due to changes in the threat envi-
ronment.
The TSA Crewmember Self Defense Training Program is an established program
that should be required to serve as basic and recurrent training needs of flight at-
tendants in order to maintain order and discipline, and protect against physical
criminal violence from any person(s) in the cabin. TSA could allow for multiple 2-
hour sessions of its self-defense training program for initial training in order to rein-
force muscle memory of these First Responders when confronted with a physical at-
tack.
In the alternative, the TSA could establish a group of subject-matter experts, in-
cluding the lead defensive tactics coordinator for the Federal Air Marshal Service
and the unit chief of the operational skills unit at the FBI academy at Quantico to
determine minimum basic and recurrent training standards for flight attendant se-
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curity and self-defense training, as well as a required certification program for air-
line-hired trainers to teach these courses. In the case of an airline, rather than di-
rect TSA training, the TSA should annually attend each airline’s self-defense and
security training class for flight attendants without prior notification to the airline,
in order to ensure that TSA’s standards for security and self-defense training are
being met by the airline.
CONCLUSION
Again, this is not a ‘‘new normal’’ we can accept. We know the Government, air-
lines, airports, and all stakeholders can take actions together to keep us safe and
secure. We look forward to working with this subcommittee on our union’s proposed
actions and recommendations to affect positive change.
APPENDIX A DISRUPTIVE PASSENGER INCIDENTS
REPORT 1 SUMMARY—AUGUST 2021
A flight attendant (FA) report is an example of a local law enforcement officer
(LEO) who was asked to come to the plane and deal with the threatening pas-
sengers. He got them off the plane first and just let them go into the airport without
detaining them or asking them any questions.
These passengers appeared to have violated the Federal statute and FAA regula-
tion on interference with crewmembers. The FA had expected they would be ar-
rested. After they were not even stopped by the LEO, later googled the unruly man’s
name and picture and found he had served 5 years in prison. This something that
the LEO should have done had he detained and questioned the alleged violators of
the Federal statute. This is frustrating for crewmembers to be threatened by pro-
fane passengers breaking the law and threatening the safety of the crew and other
passengers, yet when an LEO is requested, he simply lets the alleged lawbreakers
go.
I think that the problem with either LEO not showing up at the gate or taking
no action against alleged criminally disruptive passengers is an issue that needs to
be examined and corrected.
REPORT 2 SUMMARY—AUGUST 2021
A flight landed early in Atlanta and there was no gate and we had to wait for
a while. A woman got upset and started yelling profanities. ‘‘Y’all better get me off
this motherf**king plane and right motherf**king now’’. She called someone on her
phone and alternately talked very loudly to them and screaming at us and the
whole plane. There are too many profanities she used for me to remember them all.
Then two men she was traveling with started yelling at us as well. The woman seat-
ed in another row turned around at one point and started to engage with the woman
telling her to ‘‘shut up’’ etc. Most passengers in the area just tried to look away or
rolled their eyes at the three. The woman was banging on the window, kicking the
seats and fuselage all the while screaming very graphic profanities. Once we had
reached the gates the man stood up and started yelling things to me such as ‘‘what
if I gotta take a s**t or piss. Imma s**t right here and throw it all over your a**
if you don’t let me off this mother f**king plane’’. He kept telling everyone that he
was going to come open my door. When I informed him that it’s a 20-foot drop to
the ground should he try it, he replied ‘‘well then you better go get me two mother
f**king ladders. One to climb down and one to get up over there.’’ He also said he
wasn’t going to be able to go get his weed now and that he would ‘‘roll a
motherfu**king blunt and smoke right here on this motherf**king plane’’. That we
were holding him hostage on the plane. The flight attendants tried to calm them
but there was no calming. The man would shout things at me and then start
videotaping my reaction. I gave him none as I knew he was just trying to incite me
and the other passengers for his one moment of Instagram fame. After several at-
tempts at this and after the threat to open my door, I asked the captain to have
law enforcement officers (LEOs) there once we had a jet bridge. We closed the cock-
pit door on lockdown and I had a flight attendant request the help of a professional
athlete/trainer seated in another row in the event the two men and woman tried
to come open my door. This passenger remained standing between us and the irate
three. Once the jet bridge was pulled up and the door opened I spoke with the LEO
and informed him of what was happening. He asked me to have everyone remain
seated and to let those three seats off first. We did and the officer just let them
go, never questioning them nor stopping them. I wanted them off the plane and ar-
rested given the physical damage she was doing to the plane itself and the threats
from the shorter man with her. The couple seated in row X and Y were visibly upset
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at the behavior of these three and the woman seated in row Z looked very scared
as she was seated right where the man was conducting his rants and threats. How-
ever it appeared that the only thing that happened was that the unruly passengers
were allowed to be the first ones off the plane. As a crew we tried to stay together
as we didn’t know where these passengers were in the terminal or what they might
do. We had no security to walk us to the plane train or out to our hotel shuttle.
REPORT 3 SUMMARY—OCTOBER 2021
During boarding we had a passenger who appeared to be either intoxicated or in
need of assistance. We had an agent remove a passenger already and asked the
agent to speak to the passenger in seat X about possible intoxication as well. As
the agent spoke with the passenger, flight attendant A noticed that the passenger
was in the wrong seat and had a disability with a meet and assist set up in Seattle.
We kept the passenger on-board after the brief investigation and allowed her to stay
in seat X instead of moving to her assigned seat at 10D due to not wanting to stress
her further. As we taxied onto the runway flight attendant A made an emergency
call to the flight deck and informed us that seat X had sexually assaulted another
passenger and that we needed to return to the gate. As we returned to the gate,
we called law enforcement. Law enforcement arrived and it was determined that
deplaning all the passengers would be the safest way to remove the passenger in
seat X. After deplaning the passenger, we took a crew break to decompress before
reboarding and taking off.
REPORT 4 SUMMARY—OCTOBER 2021
Two passengers boarded who were intoxicated—a man and a woman. The man’s
eyes were bloodshot, his speech was slurred and he had a hard time keeping his
mask on. Two flight attendants agreed that a customer reservation official (CRO)
needed to be called and the flight deck was notified. One of the intoxicated pas-
sengers deplaned without an issue but the other passenger did not. She refused to
get off the plane and then the police were called. As a result, we all had to deplane
the aircraft. In the future, if the agent agents notice intoxicated passengers in the
gate these passengers should be prevented from boarding.
REPORT 5 SUMMARY—NOVEMBER 2021
As I was greeting the passengers during boarding I noticed Mr X not wearing a
mask and visibly discombobulated, I advised him of the mask policy and provided
him with a mask. He put on the mask before proceeding to his seat. Right before
door closure I was checking bag compliance in the bulkhead area and noticed Mr
X not wearing his mask and trying to gain access to the mid lavatory but was con-
fused with the door knob. I once again advised him of the mask policy and that’s
where it became clear he was intoxicated. The agent was nearby so I told her that
Mr X needed to be removed as we are now aware he is intoxicated and should have
never boarded the aircraft. As I walked to the front to inform the captain, the agent
made a statement saying that she knew he was going to be our problem child. The
captain and I both agree that Mr X needed to be removed and take a later flight.
During the flight I went to his original seat and cleaned up the tray table with
Clorox wipes as Mr X had thrown up and we weren’t aware of that until then.
REPORT 6 SUMMARY—NOVEMBER 2021
I was at door 1 during boarding when I encountered a couple who boarded the
aircraft. As they entered the aircraft I noticed that the female was walking unusu-
ally, so I started to watch her more closely. When she turned right to walk down
the aircraft aisle she staggered and hit the side of the galley wall, it was at this
time I started to think she may have been under the influence. The male grabs her
elbow to stabilize her and guide her down the aisle. I asked them to come back and
step into the galley so I could talk to them. The female was completely out of it;
her eyes were very glassy, she was slurring her words, rambling, she wasn’t fin-
ishing her sentences and didn’t appear to be cognizant of where she was. The male
kept trying to speak on her behalf stating she was ok and that she was just a little
buzzed. Female passenger could not stand up by herself; she was leaning against
the forward part of the galley. Male passenger advised that they had been on de-
layed flights all day. All of sudden the female passenger loudly blurted out she had
to poop. The male passenger said she was walking funny because she had to go to
the bathroom; the female passenger asked if she could go to the bathroom, I said
yes and opened the door for her. When she went in she staggered in and bumped
into the left side of the lavatory door, she never locked the door and she came out
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in less than 3 minutes. It was clear to me she was under the influence and showing
red light behaviors: Moving in slow motion, needing time to respond to questions,
glassy eyed, losing train of thought, walking awkwardly and unable to stand upright
without assistance. So I advised the Captain we had a person under the influence
who would need to be taken off. He got up and spoke to them. Due to my proximity
I could hear most of the conversation. The male just kept saying the female had
to go to the bathroom. That is why she was walking weird. The girl then said yep
I had to poop. The male kept saying they were loyal airline patrons and could he
let them stay on-board. The Captain asked if they would behave during the flight
and of course they said yes. I whispered to the Captain that I needed to speak to
him. We went into the cockpit where I stated they were both clearly under the influ-
ence and I wanted them removed. He asked me if my mind was made up. I stated
it was. He went back to the couple and told them he would be back; he went to
speak to CS and ask for a supervisor. While the Captain was gone the male kept
trying to plead his case. I told him it was a FAR violation to allow a passenger to
board that appears to be under the influence. He said he would pay my fine; I told
him it doesn’t work that way. During the first conversation I had with the male pas-
senger he was engaging, charismatic, and a bit apologetic. During this second con-
versation he was more angry, threatening, and baiting. He asked for my name
again; I told him again that my name was X. He demanded my last name, again
I told him I don’t provide my last name due to security concerns. He sneered and
said of course you don’t. He said I would regret this. The Captain came back and
again the male was jovial and charismatic. We waited quite a while for the CS su-
pervisor to come to the gate; during this time the Captain stayed with the couple.
At one point the Captain was going to have them step off the aircraft and into the
jetbridge, so I asked boarding passengers to stop and to step to their right so they
could deplane. For some reason, the Captain changed his mind, so I started board-
ing again. It was at this time FA 2 told me a passenger had something I needed
to hear.
Passenger was seated in rows XXX. We went into the FC cabin so she could speak
to me away from them. She advised that the two individuals that we had in our
galley had been disruptive at the gate for mask compliance along with other issues.
She advised that the CS agent had stopped boarding to address the issues as he
was trying to determine if they should be boarded. I also received similar informa-
tion from the 12E, she stated that after they saw the couple’s behavior they figured
they would be able to get on the tight flight as they assumed the crew would not
let those passengers remain on-board. Finally the CS supervisor came down to the
plane; they took off only the male and left the female on-board. Then they took the
female off; they were having her walk for them. I no longer could see her but I no-
ticed the male was bending down and pulling something from his bag. He then ag-
gressively stepped back onto the aircraft toward me with camera in his hand; I
quickly took steps back to get away from him and raised my hand to block him.
With his other hand he struck my hand that was raised. I must have cried out; a
passenger in X row came to see if I was ok as well as the first officer who said he
saw the male passenger had a camera 6 inches from my face. I am not certain if
the male walked off the aircraft by himself or if he was taken off by ground per-
sonnel. I was asked if he had struck me. I advised that he had struck my hand.
I was then asked if I wanted to press charges. I said I did. Police came down and
I provided my statement. To say the least this is concerning. The inflight supervisor
took a picture of the police report. I believe this event occurred for two reasons:
First, one agent working a delayed flight has a lot of pressure to monitor and make
quick determination without trying to impact the flight. I was told that it looked
as if the CS agent was not going to board them but something changed his mind.
Most likely the male passenger did the same thing he did in front of me, by grab-
bing her elbow to stabilize and direct her and speaking for both of them. I don’t
fault the agent at all, this is why we have multiple layers to catch noncompliance.
But I do feel that having a second set of eyes at the boarding gate would have made
a difference. Second, I believe the assault happened due to the fact that the male
passenger was allowed to remain within the vicinity of me and knew I was the one
that had them removed.
REPORT 7 SUMMARY—JULY 2021
Working the aft galley position, a flight attendant heard loud voices in the aisle
aircraft left. As I stood in the J/S area observing, a gate agent was speaking to the
man in row X (originally assigned row Y, but he was traveling with his wife so the
lady moved to row X next to her husband). Passengers were loudly saying ‘‘get him
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off’’ ‘‘He’s going to be a problem’’ ‘‘He was a problem in the gate’’ The man (Mr. C)
kept yelling SHUT UP to the passengers. I saw our Captain, coming down the aisle.
I went to the galley to monitor. Captain & Mr. C came into my galley. The Cap-
tain asked me to stay in the galley while he talked to Mr. C. Mr. C constantly inter-
rupted the Captain. The Captain finally said I do not want to hear you talk, if
you’re talking you’re not listening. Mr. C finally stayed quiet. The Captain said ‘‘If
you don’t comply with the flight attendant’s request to keep your mask on I will
turn this plane around and land back in Johannesburg’’. Mr. C laughed and said
‘‘No you won’t’’ Captain turned to me as a witness to the exchange, & asked ‘‘, do
you think he will comply with your requests?’’ I said no. Due to his aggressive/
dismissive behavior I do not believe Mr. C had any intentions of keeping his mask
on nor complying with any requests of the flight attendants.
Captain said ‘‘Neither do I’’ and went to the front of the aircraft. Security had
to be called to remove him.
REPORT 8 SUMMARY—SEPTEMBER 2021
Prior to door closure passenger K showed up at boarding door, holding a tagged
tote bag and he dropped it at the aircraft door. I advised the passenger to leave the
bag on the Jet bridge to be checked in since it was tagged. Mr. D was reaching for
his bag to move it to the proper spot and he staggered almost hitting his head on
the Jet bridge door. Another flight attendant (FA ‘‘B’’) asked the passenger if he was
ok. Passenger kept staggering then came to the boarding door. I asked the pas-
senger Mr. D if he was ok since his gait was not right, he was flushed on the face,
glassy eyes, and had a strong alcohol stench. We asked him several times if he was
ill or not feeling well and he loudly and proudly told us he had been drinking. I
then went to the Captain and told the Captain we have a passenger by the boarding
door who appears to be intoxicated. Captain said do not let the passenger board.
Send him back to customer service rep (CSR). CSR supervisor then came on-board
and I heard her telling the Captain that the Captain has no right to deny boarding
when the aircraft is on the ground. CSR supervisor then stormed out of the aircraft.
Captain advised not to close the door until the CSR supervisor returns, boarding
agent came on board and closed the door despite the Captain’s request.
Mrs. WATSON COLEMAN. Thank you, Ms. Nelson.
I now recognize Mr. Samuelsen.
STATEMENT OF JOHN SAMUELSEN, INTERNATIONAL PRESI-
DENT, TRANSPORT WORKERS UNION OF AMERICA, AFL–CIO
Mr. SAMUELSEN. Good morning. Thank you, Chairwoman Cole-
man and Ranking Member Gimenez and Chairman Thompson, for
the opportunity to testify today and for recognizing the need of
work force perspectives when addressing security of our entire
transport systems.
I am here on behalf of more than 150,000 members of the Trans-
port Workers Union of America, working in transit, air, railroads,
and other industries. Our members include bus operators, flight at-
tendants, airport gate agents, Amtrak on-board service workers,
bikeshare workers, and many other crafts and classes in transpor-
tation.
Across airlines, transit, and railroads, front-line workers over-
whelmingly believe that the No. 1 security threat in our transport
systems today is physical assault in the performance of their du-
ties. The FAA has reported more than 5,000 unruly passenger inci-
dents since the beginning of the year, a 2,000 percent increase over
the previous year.
While these assaults have received most of the media attention,
assaults against transit and Amtrak workers are also on the rise.
In New York City alone, there have been nearly 2,000 assaults on
transit workers this year. Amtrak workers have seen assaults rise
by 25 percent over a period of time when ridership dropped by 60
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percent. These numbers are terrifying, but the reality for front-line
workers is so much worse than statistics.
A Southwest Airlines gate agent was pelted with objects before
a passenger violently pulled her hair and threw her to the ground
so hard that she was hospitalized with a spine injury. This last
weekend, a Southwest gate agent was hit in the head by a pas-
senger, sending her to the hospital. A TW Jet Blue flight attendant
was thrown to the ground and choked after a passenger attempted
to storm the cockpit. In Miami, a bus operator was sent to the hos-
pital after his bus broke down because an irate passenger punched
him and smashed his head repeatedly on the side of a bus. In
Philly, a security camera caught a group of people knocking a sta-
tion agent to the ground and broke several of his ribs with re-
peated punches and kicks.
We are seeing a full moon atmosphere across all of our transit
systems where angry and frustrated passengers feel entitled to as-
sault workers just because they are the face of the companies they
work for. There are many factors contributing to this atmosphere,
and none of them have been created by the workers who are in
harm’s way.
Most assaults happen at flash points where workers are tasked
with enforcing rules and practices. These include safety protocols,
such as carry-on luggage limitations and masking requirements;
revenue collection points, like bus fare boxes; and operational prob-
lems, such as when flights are canceled. When these flash points
arise, passengers who are already angry or frustrated take that
anger out on the workers.
On airlines and at transit agencies, a major contributing factor
to this anger has been business mismanagement and incompetence
that has led to major understaffing. Airlines collectively employ
nearly 50,000 fewer workers today than before the start of the pan-
demic. This intentional choice to reduce head count has created a
less resilient air system that is much more prone to major
cancelations and long delays due to predictable operational issues
such as bad weather. Similarly, transit agencies who have done al-
most no hiring since the start of the pandemic now find themselves
reducing service due to a self-inflicted shortage of bus operators
and train operators, train crews.
Passengers and riders who are stressed about their commutes
are entering our transport systems already upset because of all
these shortcomings.
Historically, there have been very few consequences for assault-
ing transportation workers. Of the more than 5,000 assaults re-
ported to the FAA, only 37 were recommended for criminal pros-
ecution. While our members appreciate the FAA’s recent efforts to
increase fines for assailants, there is no question that more needs
to be done to discourage this kind of horrific behavior.
Combating assaults on transport workers requires a holistic ap-
proach involving Federal and local authorities, as well as transpor-
tation employers. The most effective deterrent that we have seen
is the presence of uniformed law enforcement officers in the sys-
tems where assaults are happening. For example, redeploying po-
lice from the fare box in New York City and into the subway and
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25
bus system reduced the number of assaults by more than 60 per-
cent.
I list several urgently-needed policy changes like this in my writ-
ten testimony, and I hope this committee can take a leadership role
to implement these ideas.
Thank you again, and I look forward to your questions.
[The prepared statement of Mr. Samuelsen follows:]
PREPARED STATEMENT OF JOHN SAMUELSEN
NOVEMBER 16, 2021
Good morning. Thank you, Chairwoman Coleman and Ranking Member Gimenez,
for inviting me to testify before the committee today.
I speak today on behalf of more than 150,000 members of the Transport Workers
Union of America (TWU). We represent subway and bus operators, airline ramp
workers, flight attendants, airport gate agents, school bus drivers, bikeshare work-
ers, mechanics of all kinds, and many other crafts in the public transit, airline, rail-
road, utility, university, and service sectors across our Nation.
Ninety-eight percent of our members are essential workers who have showed up
to work, day in and day out during this pandemic, keeping our economy going and
our country moving. Every sector of the transportation industry has been affected
by this pandemic and our members have been on the front lines, enduring isolation,
illness, and even death from COVID–19. More than 10 percent of our members have
tested positive for or been quarantined after exposure and 189 of us have been
killed by the virus. This has been a challenging time for all transportation workers.
Now, as passengers and riders return to our airlines, railroads, and transit, our
members face unprecedented risk of assault on the job. The unruly behavior that
we face on every mode of transportation is undermining the security of our country
and is putting our workers in harm’s way. Action is urgently needed from the Fed-
eral Government, as well as local governments and employers, to keep workers safe
as they safely deliver us to our destinations through our skies, across our railroads,
and on city streets.
The return of passengers to our transportation system has brought staffing con-
cerns to forefront. With the upcoming holiday season set to see the most travel since
2019, the TWU is very concerned that our carriers and agencies are not ready to
safely, securely, and efficiently move the volume of people they will need to. As evi-
denced by the rash of service disruptions we have seen over the past several
months, airlines and transit agencies do not have enough workers to handle the re-
turn of normal demand. These companies made decisions to intentionally understaff
their operations in response to the pandemic and they have not yet restored their
human capital to the levels needed for the holiday season. Front-line workers are
being asked to do more and more work to cover for empty positions—this is putting
them and our entire travel system at risk.
ASSAULTS ON WORKERS AND PASSENGER MISCONDUCT IS A MAJOR THREAT TO
TRANSPORTATION SECURITY AND SAFETY
Overwhelmingly, transportation workers believe that the No. 1 security threat in
our transportation system today is physical assault of safety sensitive personnel
while in the performance of their duties. Transportation workers across every mode
have faced an increased threat of assault over the previous year. Every day, workers
in the transportation industry are victims of physical assault, verbal harassment,
and violent intimidation at the hands of passengers.
Safety-sensitive job functions are found in nearly all class and craft designations
within the TWU membership. Flight attendants, Amtrak on-board service workers,
and gate agents actively identify, report, and respond to security threats. Bus opera-
tors navigate large pieces of critical infrastructure equipment through crowded city
streets. And transportation workers everywhere are tasked with implementing Fed-
eral security protocols to keep our country safe. Risks to their lives and well-being
seriously undermine all of our security.
In the aviation sector, the Federal Aviation Administration (FAA) has reported
5,114 unruly passenger instances, opened 973 investigations, and initiated 239 pen-
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26
alty enforcements so far this year.1 The number of unruly passengers has increased
by over 2,000 percent over previous years. In the period spanning from June 29 to
November 2 of this year, the FAA reported over 14 unruly passenger instances per
day.2 For flight attendants, these unruly passenger confrontations have often been
violent, dangerous, and a compromise to flight safety. On May 23, 2021, a South-
west Airlines flight attendant was assaulted resulting in serious bodily injury.3 On
September 22, 2021, a passenger attempted to storm the cockpit on a JetBlue flight
from Boston to San Juan, kicking and choking the flight attendants in the process.4
On a recent Allegiant Airlines flight, it took 5 people, including 3 flight attendants,
to restrain an irate passenger, one flight attendant had bruises on her ribs from
being kicked while another was bit on the breast by the passenger.
Assaults on airline operation agents and passenger misconduct at airport gates
have been steadily on the rise for years. In a 2019 Government Accountability Office
(GAO) survey of customer service agents working in airports, almost all respondents
reported experiencing verbal harassment such as passengers yelling, cursing, or
being argumentative; almost half reported experiencing verbal threats; and, about
10 percent of those surveyed said that passengers had physically assaulted them
over the previous year.5 Recent examples of Southwest Airlines operation agents,
working airport boarding gates, confirm these trends: Citing examples ranging from
verbal threats, intimidation, and name calling, to violent physical assaults involving
pushing, thrown objects, and a recent hair-pulling attack that resulted in the agent
being pulled to the ground violently, injuring her cervical spine.
For our members in surface transportation, the situation is just as bleak. Assaults
on transit operators have been vicious, violent, and worsening over the past year.
According to the Federal Transit Administration’s (FTA) Acting Associate Adminis-
trator for Transit Safety and Oversight and Chief Safety Officer Gail Lyssy, ‘‘the
rate of security events reported to the National Transit Database (NTD)6 increased
17 percent on average annually between 2012 and 2020. That number includes an
increase in transit assaults, which have increased approximately four-fold since
2009.’’7
In New York City alone, nearly 2,000 assaults have been reported so far in 2021.8
These include Kumar Narinder, a 70-year-old station agent whose spine was frac-
tured when a rider threw him onto the tracks.9 Matthew Ashby required stitches
across his forehead after an assailant chased down his bus to hit him with a pad-
lock.10 New York is not alone. A station agent in Philadelphia, where more than
1,400 assaults on transit workers have been recorded since 2015,11 was beaten by
a group of people as he walked across the platform—an incident that was caught
on security cameras.12 In mid-October, Yeye Edner, a bus operator in Miami, was
sent to the hospital after his bus broke down and he informed a passenger they
couldn’t continue their route.
Amtrak on-board service workers face the same increased threat as their airline
and transit counterparts. Amtrak Police recorded 1,142 incidents of assault on-board
Amtrak between October 1, 2018, and September 14, 2021. From 2019 to 2021, de-
1 Data current as of 11/12/2021; https://www.faa.gov/datalresearch/passengerslcargo/un-
rulylpassengers/.
2 Based on FAA data at https://www.faa.gov/datalresearch/passengerslcargo/un-
rulylpassengers/.
3 https://www.cbs58.com/news/passenger-accused-of-punching-southwest-flight-attendant-
faces-federal-charges.
4 https://abcnews.go.com/US/man-attempts-storm-cockpit-strangles-kicks-flight-attendant/
story?id=80200869.
5 https://www.gao.gov/assets/gao-19-683.pdf.
6 It is important to note that the NTD data significantly underestimates the number of as-
saults in our transit systems. Under the current definition of ‘‘assault’’ used by the NTD, a vic-
tim could have their nose broken, be hospitalized for 24 hours, and suffer first-degree burns
without triggering any reporting requirements. Additionally, transit agencies have been given
flexibility to report their 2020 data late as part of the pandemic relief measures. Both of these
issues have been corrected in the Infrastructure Investment and Jobs Act (H.R. 3684) recently
passed by Congress; however, these changes will take several months to implement and will
only apply prospectively.
7 https://www.masstransitmag.com/safety-security/article/21242419/fta-continues-push-to-
improve-transit-worker-safety.
8 https://new.mta.info/safety-and-security/nyct-employee-assault-data.
9 https://nypost.com/2020/12/29/70-year-old-subway-worker-was-pushed-onto-tracks-on-
christmas-eve/.
10 https://www.nydailynews.com/new-york/nyc-crime/ny-brooklyn-bus-driver-attacked-pad-
lock-20200212-ok3m6admzjfrfbacwvinomm3xm-story.html.
11 https://whyy.org/articles/septa-employees-endure-steady-threats-of-violence-even-as-transit-
ridership-drops/.
12 https://www.youtube.com/watch?v=wSntu8ycjSA.
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27
spite a more than 60 percent reduction in the number of Amtrak passengers, Am-
trak employees experienced roughly a 25 percent increase in on-board assaults.13
A MULTITUDE OF FACTORS CONTRIBUTE TO THE RISE IN ASSAULTS ON TRANSPORTATION
WORKERS
The rise of assaults on front-line workers across the transportation industry can-
not be attribute to any single root cause. Many factors are combining to produce the
‘‘full moon atmosphere’’ that exists across our transportation system.
Understaffing, particularly in aviation, has had a significant, negative impact on
operations. Management decisions to encourage retirements and decrease or, in
some cases, stop hiring while increasing published service schedules have made our
transportation systems less resilient to changing but predictable circumstances such
as bad weather, traffic, and flu season.
For example, passenger airlines collectively employ nearly 50,000 fewer workers
today than before the start of the pandemic. Despite this, many airlines are still
attempting to fly schedules similar to those they had in spring 2020. Southwest has
10 percent fewer workers today attempting to cover the same number of flights the
airline flew in over the 2019 summer. American Airlines has 9 percent fewer work-
ers.14 It is no surprise that storms, which happen every year, resulted in thousands
of cancellations at both of these carriers.
The understaffing levels in the airline industry are a direct result of several air-
lines’ failure to coordinate with their workforce to prepare for passengers’ return
coming out of the COVID–19 pandemic. Many airlines have published holiday flight
schedules that are simply not possible given the current number of flight attend-
ants, mechanics, ramp workers, pilot instructors, and dispatchers at the carrier.
Passenger frustration and anger, generated by management decisions to inten-
tionally understaff their carrier, will be taken out on front-line workers.
Similarly, transit and rail service reductions can contribute to passenger frustra-
tion and anger. Reliability of bus, train, and light rail play a major role in passenger
attitude when utilizing these modes of transportation. Wait times between bus and
train service, or the elimination of routes altogether, can inconvenience and anger
travelers. While this is no excuse for assaulting workers, it is another case of man-
agement decisions undermining the safety of the front-line workforce.
Most incidents of assault happen at flashpoints, moments when workers are obli-
gated to announce safety protocols, operational rules, or travel norms that pas-
sengers do not want to follow. Airline gate agents experience many assaults after
flight cancellation announcements or long delay postings. Bus drivers are often as-
saulted after disputes over the fare box. These flashpoints have long been a reality
of travel, however the circumstances of the past year have seemingly elevated pas-
senger reaction to otherwise ordinary safety compliance requests. The mask man-
date, a recent safety requirement common to all transportation, has recently become
a major flashpoint for some passengers. More than 70 percent of unruly passenger
incidents reported to the FAA this year have been related to the mask require-
ment.15
The lack of consequences for these attacks is also contributing to the increasing
number of assaults. Assailants rarely face any enforcement action (including repeat
offenders) and failure by companies and the Federal Government to publicize the
limited responses they have taken is creating a perception that these attacks can
go unpunished. The FAA and the Department of Justice (DOJ) recently announced
that they are prosecuting less than 0.75 percent of reported incidents of unruly be-
havior on-board aircraft. Transit assailants are often paid by transit agencies to
avoid ‘‘nuisance’’ lawsuits. Assailants at airports and rail stations have been allowed
to walk away without even a police report because local officials refused to arrest
individuals accused of Federal crimes. Whatever the rhetoric may be, the practical
reality is that passengers do not believe they will face any consequences for assault-
ing front-line workers. This atmosphere cannot continue.
A HOLISTIC APPROACH IS NEEDED TO COMBAT UNRULY BEHAVIOR AND PREVENT
ASSAULTS ON TRANSPORTATION WORKERS
Federal agencies, local governments, and employers must all take coordinated ac-
tion now to reduce the threat of assault in our transportation systems.
13 Amtrak Police Department data.
14 Bureau of Transportation Statistics.
15 https://www.faa.gov/datalresearch/passengerslcargo/unrulylpassengers/.
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28
Transportation Security Administration
TSA would benefit greatly from additional authority to allow it to prevent known
assailants from entering our transportation system. The TWU has endorsed legisla-
tion to this effect, and we hope the committee will give this proposal swift consider-
ation. Passengers recently convicted of criminal charges for or assessed civil pen-
alties related to misconduct in our air or rail systems should been statutorily barred
from using these systems for a reasonable period of time. Just as many States may
take away an aggressive driver’s license to operate a personal vehicle, aggressive
passengers should face the temporary loss of the privilege of using the commercial
air or rail systems.
Such a ‘‘banned passengers list’’ would properly be housed with the TSA which
already has processes in place for comparing passenger manifests to known security
threats. This approach would potentially allow the air and rail carriers’ reservation
systems to prevent a banned passenger from even purchasing a ticket so that known
assailants would not enter the airport or rail station. We must avoid any approach
that simply moves assailants out of the aircraft and train only to have them attack
transportation security officers or ticket agents on-site.
This approach is showing results at Amtrak, where the company has instituted
its own ‘‘prohibited passenger list’’ to prevent unruly passengers from riding the
railroad. Unlike in aviation (where airlines are legally barred from sharing informa-
tion on passengers with each other), Amtrak’s prohibition effectively locks these in-
dividuals out of the system. The railroad should be applauded for taking this unilat-
eral action to help protect their workers. TSA’s support and a statutory backing of
this approach would help ensure that this tactic is successful and lasting.
Flight attendants, gate agents, and other essential personnel must be better
trained to defend themselves from assault in the worst of circumstances. The cur-
rent voluntary self-defense training offered by the TSA should be made mandatory
for these workers and the program should be extended as a voluntary option for
other airline workers who could face assault while on the job.
Additionally, the TSA is present at nearly every airport in the country. In many
places, they are the only Federal law enforcement presence available to airline
workers. This unique position allows TSA to potentially bridge the gaps between ju-
risdictions to ensure assaults are correctly reported and that assailants are properly
detained. The TWU encourages the committee to direct the TSA, in coordination
with the FAA, DOJ, and local law enforcement, to facilitate the reporting of assaults
in our transportation system and the apprehension of assailants.
Last, while the TSA is charged with the protection of our entire surface transpor-
tation infrastructure, its presence in our rail system is completely invisible. We have
learned that visibility of law enforcement is one of the most effective tools to deter
assault of transportation workers. While a TSA physical presence at rail stations
would not need to be identical to its presence at airports, significant rail hubs such
as Washington’s Union Station would benefit from more access to the TSA.
Department of Justice
There is no question that assaults on our transportation workforce are criminal.
The Federal Bureau of Investigations (FBI) and other arms of the DOJ must
prioritize the prosecution of assailants to ensure these crimes are not allowed to be-
come commonplace. While the DOJ has taken initial steps with the FAA to address
this issue in the air, the number of announcement criminal charges (37) is woefully
inadequate to the moment. 16
In 2017, the DOJ issued an interpretation that gate agents and other airline
workers with security duties would be covered under 49 USC 46503—the statute
that considers assaults on these workers a Federal offense. Regional offices, how-
ever, have ignored this policy and refused to prosecute these assaults even when
they have been caught on video. Action is urgently needed from the Attorney Gen-
eral’s office to ensure that gate agents and others are fully covered by the protec-
tions already in law.
While the DOJ may not maintain the physical presence in airports that the TSA
does, it is connected to every local law enforcement body in the country. In this ca-
pacity, the DOJ should establish clearer, easier pathways for local law enforcement
to share and transition reports of assault to Federal authorities for investigation.
Bridging jurisdictional boundaries is a necessary step to reducing the number and
severity of assaults.
16 The TWU joined with other airline unions and companies to call for stricter enforcement
and more prosecutions of assailants.
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29
Department of Transportation and employers
More must be done within the Department of Transportation (DOT) to address
assault prevention across the entire transportation system. Law enforcement visi-
bility and better preparedness (from both workers and employers) are strategies
that have proven effective at reducing these assaults in all situations.
Seeing police on buses, trains, and at airports serves as a strong deterrent to as-
saults in these systems. Increasing police presence need not increase the number
of police or the costs associated with policing. New York City, for instance, saw an
immediate and dramatic decrease in assaults when they implemented TWU’s pro-
posal to redeploy law enforcement officers into the transit systems (rather than pa-
trolling the perimeter for fare evaders).17 Placing Amtrak police on-board trains and
airport police near gates would have a similar effect.
Preparedness requires both physical and human capital investments that ac-
knowledge the risk workers face from assault. The FAA’s Employee Assault Preven-
tion and Response Plan (EAPRP) program is a good start to building these kinds
of protections into employers’ operational decisions. A similar approach is needed as
part of Amtrak’s newly-mandated Critical Incident Response Plan (CIRP) program
and the FTA’s Public Transportation Agency Safety Plan (PTASP) program.18 These
plans and requirements must include equipment changes, such as protective shields,
as well as training and process changes, such as de-escalation training and more
response reporting protocols.
Finally, employers must be more realistic and caring about the reality transpor-
tation workers face on the job. Reporting assaults through company websites and
processes should be streamlined to require the minimum amount of effort from the
worker while providing the necessary amount of information to properly respond to
these incidents. Victims of assault should be given adequate, paid recovery time in
order to allow them to return to work healthy and focused.
ASSAULT PREVENTION NEEDS TO BE ADDRESSED NOW
Legislators, Federal agencies, and industry employers need to do more to mitigate
passenger misconduct and assaults of workers in our transportation system. Legisla-
tive solutions aimed at removing abusive passengers from the pool of travelers is
needed; enforcement of existing laws through prosecution and penalty assessment
will send a clear and convincing message; industry employers need to support their
employees when they are victims of assault and abuse. This holistic approach is
needed to protect essential workers who kept us all moving during the worst of the
public health crisis. These workers deserve better from their employers, from their
Government agencies, and their elected leaders.
Thank you again for the opportunity to testify today and I look forward to your
questions.
Mrs. WATSON COLEMAN. Incredible timing Mr. Samuelsen.
Thank you.
Mr. Casaretti.
STATEMENT OF JOHN A. CASARETTI, PRESIDENT, AIR
MARSHAL ASSOCIATION
Mr. CASARETTI. Good afternoon, Chairman Watson Coleman,
Ranking Member Gimenez, Chairman Thompson, Ranking Member
Katko, and distinguished Members of the subcommittee. Thank you
for the opportunity to testify before you today.
The insights I share with the committee today are the insights
of the flying Federal Air Marshal. The insights are supported by
my personal experience and observations gained throughout 26
years of working in the transportation domain, as well as my 10
years of union leadership. Most significantly, these insights are
tempered by my experiences as a 9/11 first responder and recovery
17 https://nypost.com/2021/06/22/soaring-nyc-subway-assault-rate-drops-after-mta-cop-
push/.
18 It is important to note that the FTA has actively declined to take this approach in previous
administrations. A 2015 Congressional Directive to initiated a rule making on this topic was
brushed off by the FTA which claimed that its other, broader safety work covered the topic—
a position that TWU and other transit unions strongly disagree with.
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30
worker and by my service and sincere desire to see that TSA suc-
ceed in its vital mission.
Our success ensures that the lives lost on that September morn-
ing were not in vain. We will honor the sacrifice of the soldiers lost
waging the global war on terror. I appreciate the opportunity to
speak, and I hope that this statement faithfully represents the per-
spectives of the air marshals.
The perspective of the Air Marshal Association is that the secu-
rity strategy historically utilized by the FAMS must evolve. Our
mission must be redefined. The COVID–19 pandemic starkly illu-
minated the inherent deficiencies in the scope of our mission. Since
our agency lacked any meaningful enforcement or investigatory
role outside of an aircraft cabin, the FAM Service was essentially
sidelined from contributing to the DHS mission effectively.
While other law enforcement agencies adapted, the FAMS was
left flatfooted. A significant portion of our work force sat idle for
many months because there was no role for them to play. Having
an increased investigatory footprint, leveraging our existing au-
thority within the transportation domain, and collaborating more
effectively with other agencies would curtail this inactivity
throughout the pandemic.
Over the past decade, the AMA has engaged Congress, stake-
holders, and TSA leadership on ways to better position our work
force to meet the constantly evolving threat. From 2018 to 2021,
the AMA created a future working group to advise both Congress
and agency leadership.
I won’t belabor this committee on rehashing all the things that
we have given to you individually, but suffice to say I encourage
you all to review our proposals for changing the agency and making
a more effective Federal Air Marshal Service.
Right now, we have a shrinking work force. As travel resumes
to prepandemic levels, we must have enough trained Federal air
marshals available to cover the increased workload. However,
many FAMs have retired over the past 12 months, and the pro-
jected rate of FAM retirements is expected to halve our work force
over the next 24 months. A significant number of FAMs entered
service in 2002, and most of these agents have indicated they will
retire as soon as they are eligible. At a time when passenger unrest
and threats to aviation are on the rise, we are concerned that the
FAM Service will be shrinking at an alarming rate.
The AMA has suggested many times that the aviation security
fee, redirected to the general fund in 2014, be used only for trans-
portation security purposes. Recovering the $3 billion from pro-
jected fees for 2022 and 2023 alone would easily cover the hiring
of FAMs to replace current and projected losses, and fund the
build-out of new law enforcement sections to support expanding
FAM roles. The fees could also allow for TSA to hire more TSOs,
and would go a long way toward covering the proposed transition
of the TSA work force into the General Schedule pay system.
The AMA also recommends that crew member self-defense train-
ing be integrated with the flight crew recurrent training. It is dif-
ficult and often impractical for crew members to come to a FAM
field office to receive instruction. As a result, only a small fraction
of flight crews ever see this valuable block of training, and most
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31
have only received it once. With in-flight violence on the rise, basic
self-defense for flight crews should be an agency priority.
The retirement cliff that we are facing is having a negative im-
pact on work force morale. Many are discouraged that we are los-
ing a wealth of knowledge all at once, and those retiring came from
other agencies and have a wealth of diversified experience. This
problem can be resolved by ensuring the FAM Service hires at least
5 percent of its work force each year and evolves the FAM duties.
Many FAMs have also expressed anxiety over the prospect of an-
other Government shutdown and disruption in pay. During the
Government shutdown of 2019, the AMA had to intercede and as-
sist some members with bill payments, as missed payments can en-
danger security clearances and may lead to removal. I urge this
committee to do everything in its power to ensure that Government
employees can honor their obligations on time.
Some FAMs are also concerned with vaccine requirement dead-
lines, and the AMA supports the suggestion to move back the com-
pliance deadline for Federal workers to January 4. A significant
number of FAMs contracted COVID in the performance of their du-
ties over the past 20 months, and those that survived now face the
potential loss of their livelihoods due to this mandate. Further, the
AMA urges Federal agencies to approve the reasonable accom-
modations for those Federal law enforcement officers who cannot
receive the vaccine for religious or medical reasons.
It is an honor to represent the men and women of the Federal
Air Marshal Service in front of this committee. Thank you for your
steadfast support of TSA front-line workers and for the opportunity
to testify before you today. I look forward to your questions.
[The prepared statement of Mr. Casaretti follows:]
PREPARED STATEMENT OF JOHN A. CASARETTI
NOVEMBER 16, 2021
Good afternoon Chairwoman Watson Coleman, Ranking Member Gimenez, and
distinguished Members of the subcommittee. Thank you for the opportunity to tes-
tify before you today on Federal Air Marshal (FAM) perspectives on the state of
transportation security.
The insights I share with the committee today are the insights of flying Federal
air marshals. These insights are supported by my personal experiences and observa-
tions gained throughout 26 years of working in the Transportation domain, as well
as my 10 years of union leadership. Most significantly, these insights are tempered
by my experiences as a 9/11 first responder and recovery worker, and by my sincere
desire to see this agency succeed in its vital mission. Our success ensures that the
lives lost on that September morning were not in vain, and will honor the sacrifice
of the soldiers lost waging the global war on terror. I appreciate the opportunity to
speak before this committee, and I hope that this statement faithfully represents
the perspectives and concerns of the Federal Air Marshal workforce.
THE ROLE OF FAMS
The perspective of the Air Marshal Association (AMA) is that the security strategy
historically utilized by FAMS must evolve, and our mission must be redefined. The
COVID–19 pandemic starkly illuminated the inherent deficiencies in the scope of
our mission. Since our agency lacked any meaningful enforcement or investigatory
role outside of an aircraft cabin, the FAM Service was essentially sidelined from
contributing to the DHS mission effectively within our area of responsibility. While
other law enforcement agencies adapted to the changing environment and shifted
their operations to continue their missions, the FAMS was left flat-footed once air-
line capacity bottomed out. A significant portion of our workforce sat idle for many
months because there was no role for them to play outside of their traditional secu-
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32
rity duties. Having an increased investigatory footprint, leveraging our existing au-
thority within the transportation domain, and collaborating more effectively with
other agencies would have curtailed this inactivity throughout the pandemic.
Over the past decade, the Air Marshal Association has engaged Congress, stake-
holders, and TSA leadership on ways to better position our workforce to meet the
constantly evolving threat.1 From 2018 to 2021, the AMA created a Future Working
Group to advise both Congress and agency leadership about the changes needed to
evolve the law enforcement functions of both the TSA and FAMS.2 Specifically, we
recommended that the TSA combine the many disjointed positions currently under
the TSA Office of Law Enforcement into a single investigator position to more effec-
tively mitigate emerging threats and resolve transportation vulnerabilities. Al-
though FAMS leadership has worked closely with the AMA over the past year to
create opportunities for collateral duties, and has expressed a desire to gradually
move portions of the workforce into investigative roles, we disagree with their plans
to slowly implement these changes. The FAMS cannot gradually engage an ever-
changing threat; we must be capable of meeting the threat as it arises.
The recent rise in violent and disruptive passenger behavior at checkpoints and
on-board aircraft is the latest example of our need to rethink transportation enforce-
ment and FAM involvement. Over the past year, as in-flight violent incidents rose,
crewmembers repeatedly approached FAMs with questions and requests. They spe-
cifically requested that FAMs step in when passengers become aggressive or bellig-
erent, asked that we fine non-compliant passengers, or arrest disruptive passengers
for interfering with their duties. TSOs have also complained that passengers might
spit on them or push them during security screening encounters, and they are dis-
couraged and demoralized when neither fines nor criminal charges occur.
Most lawmakers and stakeholders are surprised to learn that airports and trans-
portation facilities lack a static Federal Law Enforcement presence, and that Fed-
eral statutes are randomly and erratically enforced. It is the AMA position that the
transportation domain needs a static Federal law enforcement presence to inves-
tigate criminal activity, respond to stakeholder concerns, coordinate security oper-
ations, curate intelligence specifically related to transportation threats and crimes,
and foster relationships with stakeholders to identify and combat insider threats.
Although the Federal Government pays local law enforcement officers to respond
to security checkpoints when needed, these officers will only enforce State and local
statutes. Issues of Federal concern, such as monetary instrument transport, pass-
port fraud, artfully concealed items, bulk currency transport, and out-of-status trav-
elers remain unaddressed by local officers while investigatory opportunities are rou-
tinely squandered. The AMA urges the committee to review the benefits of a single
Transportation Investigator position with diversified collateral duties to include
inflight protective duties, intermodal protective duties, insider threat mitigation and
investigations, as well as the investigation of Federal crimes committed within the
transportation domain.
A SHRINKING WORKFORCE
As travel resumes to pre-pandemic levels, we must have enough trained Federal
air marshals available to cover the increased workload. However, many FAMs have
retired over the past 12 months, and the projected rate of FAM retirements is ex-
pected to halve our workforce over the next 24 months. A significant number of
FAMs entered service in 2002, and most of these agents have indicated they will
retire as soon as they are eligible. At a time when passenger unrest and threats
to aviation are on the rise, we are concerned that the FAM Service will be shrinking
at an alarming rate. The AMA has suggested many times that the Aviation Security
Service Fee, redirected to the General Fund in 2014,3 should be used only for trans-
portation security purposes. Recovering the $3 billion in projected fees for 2022 and
2023 would easily cover the hiring of FAMs to replace current and projected losses,
and fund the build-out of new law enforcement sections to support expanding FAM
1 https://www.airmarshal.org/media-room/11-27-2017-ama-support-hr4467/,
https://www.airmarshal.org/media-room/july-2017-meeting-the-evolving-threat/,
https://www.airmarshal.org/media-room/amacwa-press-release-06252014/,
https://www.airmarshal.org/media-room/amacwa-press-release-06142014/.
2 https://www.airmarshal.org/media-room/future-committee-final-08042021/,
https://www.airmarshal.org/media-room/09212020-ama-evolution-covid-update/,
https://www.airmarshal.org/media-room/072020-meeting-the-evolving-threat-congressional-
brief/,
https://www.airmarshal.org/media-room/1811-committee-paper-02262020/,
https://www.airmarshal.org/media-room/ama-fams-evolution-04-23-2019/.
3 PUBLIC LAW 113–67—DEC. 26, 2013—SEC 601—https://www.govinfo.gov/content/pkg/
PLAW-113publ67/pdf/PLAW-113publ67.pdf.
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roles. The fees could also allow the TSA to hire more TSOs, and would go a long
way toward covering the proposed transition of the TSA workforce into the General
Schedule pay system.
CREW MEMBER SELF DEFENSE TRAINING
The AMA also recommends that Crew Member Self Defense Training be inte-
grated with flight crew recurrent training. It is difficult, and often impractical, for
crewmembers to come to a FAM field office to receive instruction. As a result, only
a small fraction of flight crews have received this valuable block of training, and
most have only received it once. With in-flight violence on the rise, basic self-defense
for flight crews should be an agency priority.
MORALE
The retirement cliff we are facing is having a negative impact on workforce mo-
rale. Many are discouraged that we are losing a wealth of knowledge all at once,
as those retiring came from other agencies and have a wealth of diversified experi-
ence. This problem can be resolved by ensuring the FAM Service hires at least 5
percent of its workforce each year, and evolves FAM duties.
Many FAMs have also expressed anxiety over the prospect of another Government
shutdown and a disruption in pay. During the Government shutdown of 2019, the
AMA had to intercede and assist some members with bill payment, as missed pay-
ments can endanger security clearances and may lead to removal. I urge the Mem-
bers of this committee to do everything in its power to ensure that Government em-
ployees can honor their obligations on time.
Some FAMs are also concerned with the vaccine requirement deadlines, and the
AMA supports the suggestion to move back the compliance deadline for Federal
workers to January 4, 2022 as was enacted for Federal contractors. A significant
number of FAMs contracted COVID in the performance of their duties over the past
20 months, and those that survived now face the potential loss of their livelihoods
due to this mandate. Further, the AMA urges Federal agencies to approve the rea-
sonable accommodations of those few Federal law enforcement officers who cannot
receive the vaccine for religious or medical reasons. The arbitrary removal of sworn
officers seeking reasonable accommodation will put the public at risk, and because
replacement officers will take years to hire, train, and gain experience, our Federal
resources will be stretched thin during the process.
Finally, varying morale, job-related stress, and erratic flight schedules at certain
field offices have created mental health challenges, and has resulted in increased
strain on the inadequately trained FAM Peer Support program. For instance, the
agency has endured 3 suicides in the Washington field office over the past 2 years,
and we believe that leadership change is needed at some locations to avoid further
tragedy. We would also like to commend the new FAMS psychologist, Dr. Eunja Tal-
bot, for her compassion and common sense in helping individual FAMs navigate the
challenges of balancing job requirements with family life. The AMA believes a more
robust mental health program, diversified duties, and meaningful schedules are
needed to reduce FAM stress, mitigate crisis, and avoid further tragedies.
It is my sincere hope that the challenges and opportunities outlined in my state-
ment do not paint an overall dismal picture of the agency, or suggest a workforce
in disarray. On the contrary, FAMs have repeatedly reaffirmed their commitment
to antiterrorism work, and lament the restrictions placed upon them by legacy poli-
cies and out-of-date concept of operations. Additionally, TSA Administrator David
Pekoske and FAMS Director Michael Ondocin have worked closely with the AMA
to solve workplace issues, and have shown a sincere desire to support the workforce
and move the FAMs in the right direction.
It is an honor to represent the men and women of the Federal Air Marshal Serv-
ice in front of this committee. Thank you for your steadfast support of TSA front-
line workers, and for the opportunity to testify before you today. I look forward to
your questions.
Mrs. WATSON COLEMAN. Thank you very much, Mr. Casaretti.
Thank you to all the witnesses for adhering to the time frame.
Thank you for the important information you have shared with us
today.
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I will now recognize Members for questions they may wish to ask
the witnesses. I am going to recognize Members in order of senior-
ity, alternating between the Majority and the Minority.
Members are reminded to unmute themselves when recognized
for questioning and to then mute themselves once they have fin-
ished speaking and to leave their cameras on so they are visible to
the Chair, with one exception that both the Minority and Majority
have agreed to.
I will remind each Member that he or she will have 5 minutes
to question the witnesses. I will now recognize myself for 5 min-
utes.
Last month, Chairman Thompson and I sent TSA Administrator
Pekoske a letter urging him to robustly pursue civil penalties
against passengers who violate the Federal mask mandate. We did
so because of the frustratingly low number and amount of penalties
that have been levied so far on disruptive passengers. We recognize
there has been some improvement, but strong reinforcement is still
needed to send a clear warning signal to would-be offenders that
this behavior will not be tolerated and will be met with strong con-
sequences.
Dr. Kelley, in your opinion, has TSA been aggressive enough
about pursuing violators of the mask mandate? What is preventing
TSA from being more aggressive?
Mr. KELLEY. You know, I think that, you know, it is just up to
the administration to set those mandates, because it is my true be-
lief that there should be a zero tolerance as relates to abuse of the
TSO that is working to ensure the public flies safely.
Mrs. WATSON COLEMAN. Thank you.
Ms. Nelson, do you believe that TSA, in concert with FAA and
others, should more widely publicize the outcomes of those cases to
demonstrate accountability and serve as a warning to potential of-
fenders?
Ms. NELSON. Chair Watson Coleman, yes, absolutely. FAA has
done a wonderful job of announcing the fines that they have levied
against passengers. We want to see more of that in the airports
and from TSA.
It is very difficult when passengers acknowledge that they must
wear a mask at the point of ticket sale and at the point of check-
in, but it is enforced in the airport, it sends them the wrong mes-
sage, and then puts us in a position of having to enforce that when
we are in the enclosed metal tube with them where we cannot call
for help or get anything else.
So it is critically important that TSA have an enforcement proce-
dure and also be publishing those fines against people who are not
complying.
Mrs. WATSON COLEMAN. Thank you, Ms. Nelson.
As we have all seen in news reports, there has been an explosion
of violence against TSOs, flight attendants, and other transpor-
tation workers in recent months. TSA restarted its self-defense
training course for flight crew in July, which is currently voluntary
for flight attendants to take.
While I am sure no flight attendant ever wants to have to em-
ploy the tactics they learn in this class against a passenger, sadly,
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this training feels more and more essential with each new story
that comes out.
Ms. Nelson, you have previously voiced your support for making
this training mandatory and recurring for flight crew. Could you
please tell the subcommittee why you believe these elements are
needed?
Ms. NELSON. I have taken this training, and we worked hard to
get this training in place after 9/11. It was supposed to be manda-
tory and then was turned into a voluntary program. What that
means is that flight attendants have to find time on their days off.
Mr. Casaretti spoke very well to this. It is very difficult. They have
to do that at their own cost to be able to attend. They don’t have
the repetitive training that is necessary in order to be able to re-
spond on-board when an attack is imminent.
We don’t have warning usually for this. This has to be an imme-
diate reaction, and that only comes with repetitive training. So this
must be mandatory. It must be in our initial training and in our
recurrent training each year.
Mrs. WATSON COLEMAN. Thank you. Given that this course is
currently voluntary, do you know of any airlines that provide paid
duty time to their employees to attend, Ms. Nelson?
Ms. NELSON. Not one. Not one airline.
Mrs. WATSON COLEMAN. Thank you.
Mr. Casaretti, in your testimony, you mentioned that a variety
of challenges have increased the strain on air marshals’ mental
health over the years. As we know, the COVID–19 pandemic has
added another layer entirely to their mental and, for that matter,
their physical health. The well-being of our Federal air marshals
has always been a priority of mine, and I will continue to work
with you and your colleagues to find ways that Congress can be
supportive of your members.
So my question for you is: Has the pandemic compounded exist-
ing challenges to air marshals’ mental health? What recommenda-
tions do you have, does the AMA have to address those challenges
both old and new?
Mr. CASARETTI. Thank you for the question, Chair Watson Cole-
man. Yes, the pandemic has absolutely exacerbated a lot of chal-
lenges facing the Federal air marshals. TSA is really good about
trying to do more with less. We have seen this recurring pattern
over the years.
With the air marshals, we have 20-year employees who are now
at the end of their careers and they all have been hired from 2001
to 2003. What is happening is we had no real good plan to rehire
these workers over time and replace the numbers that we had ini-
tially estimated were required to safeguard the transportation do-
main. So we have seen a drop-down where our numbers are prob-
ably at one-third of where they were from the peak, and we expect
to lose half the work force again. That puts an incredible strain on
the air marshals that are left.
What the real issue is, is as the agency tries to cover as many
flights as they can, they cannot do it by giving the FAMs a sched-
ule. They are just placing FAMs on temporary flights, breaking
those flights, and then changing their entire schedule for the day.
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Impossible to do a work-life balance, and it is really fatiguing for
the air marshals.
Mrs. WATSON COLEMAN. Thank you, sir.
My time has expired.
I now recognize the Ranking Member from the subcommittee, the
gentleman from Florida, Mr. Gimenez, for questions.
Mr. GIMENEZ. Thank you, Madam Chairwoman.
Dr. Kelley, what percentage of TSOs in the force have not been
fully vaccinated, do you know that?
Mr. KELLEY. I don’t know for certain. Now, I do know that there
is a report from the management that says there is about, you
know, 60 percent that have been confirmed to be vaccinated, but
I don’t have those numbers personally.
Mr. GIMENEZ. Did you say 6 percent or 60 percent?
Mr. KELLEY. Sixty. Sixty, sir. I am sorry.
Mr. GIMENEZ. Six-zero. So up to 40 percent of TSA workers could
be—maybe are not vaccinated at this time?
Mr. KELLEY. Well, again, you know, that comes from the agency,
which is the record keeper, right? Dates from mid-October, you
know, it is likely considerably higher now, right? We are aware
that a number of TSOs have sought medical or religious exemp-
tions from getting the vaccine. TSA issued its guidance for seeking
exemptions on Friday, November 5, just before the Monday dead-
line to get the vaccine. This process should be fair and it should
be timely. But those keeping the—seeking the exemptions need to
be fully considered. That is my thoughts on that.
Mr. GIMENEZ. Since the beginning of the pandemic, TSOs, TSAs,
the TSA has been working at airports. Do you think that they have
been put at risk? Have they been working under unsafe conditions
since before the vaccine was available?
Mr. KELLEY. I think that the administration has done a good job
at making sure that, you know—as of late—to make sure that the
TSOs are safe, you know. So I am not going to say that they have
been put at risk, because all of us are at risk.
I mean, when you go through the airport, you know, you never
know what you are going to face. You never know who is going to
come to the checkpoint. So, you know, to say that they are not at
risk would be not true. But I think that the administration has put
some things in place to ensure the safety.
Mr. GIMENEZ. I mean, nothing is ever without risk, sir.
Mr. KELLEY. Right.
Mr. GIMENEZ. So everything has got a risk attached to it. My
question was, prior to a vaccine even being available, you know,
were the conditions that you put forward, mask wearing, et cetera,
contact, keeping 6 feet away, were those safe enough to keep our
TSOs—I mean, were they safe? I mean, were they working in a
safe environment prior to the vaccines being available?
Mr. KELLEY. You know, I am not going to say that they weren’t,
because, you know, we have had 11,000 TSOs who have contracted
this virus. So, you know, I can’t fully say that they were just com-
pletely safe. You know, we all have those risks, and we are going
to continue to have those risks until this pandemic has been elimi-
nated.
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Mr. GIMENEZ. I understand. You said that you wanted to see the
mandate extended to January 4. But if you continue to have up to
40 percent of TSOs not vaccinated, do you think it would be right
for the Federal Government to terminate 40 percent of your work
force? What do you think that will cost to the traveling public and
transportation industry, if in fact, it is enforced?
Mr. KELLEY. You know, I have said a lot of this, you know, is
about fairness and careful contemplation. You know, we have
asked the Biden administration to extend the deadline to January
4 to be vaccinated and January 18 to be fully vaccinated, the dead-
line that they have given to Federal contractors who work along-
side Federal employees. You know, it is the dividing of the people
and unequal treatment that spearheads opposition to the vaccine
mandate. Now, we hope our members can have time with their
families during the holidays and reflect on what is important to all
of us, and reach the conclusion that our families and being able to
provide for them, you know, are of the utmost importance.
We also want this time to allow for consideration of exemptions
for strongly-held beliefs. You know, I am a man of deep faith my-
self. My faith has led me to believe that, you know, the right thing
to do is to get vaccinated, and I have done so. I also know that the
people——
Mr. GIMENEZ. Mr. Kelley, I asked—the question was, do you
think that if this actually gets enforced, will it have a disruptive—
will it be disruptive to transportation in America? I mean, it is
pretty—it is a yes or no answer. I mean, up to 40 percent of your
people may be terminated after January 4—I understand the date
now, OK—do you think it will be disruptive to the transportation
industry in America?
Mr. KELLEY. If 40 percent is terminated, of course. I was trying
to get to that. I was trying to get to——
Mr. GIMENEZ. OK, OK. Thank you. I am pretty close to being out
of time. So, you know, thank you for your answers. I appreciate it.
I yield back. Thank you, Madam Chairwoman.
Mr. KELLEY. No problem.
Mrs. WATSON COLEMAN. Thank you to the Ranking Member.
We are all concerned about certainly that question. We hope that
any time that will be available will be used to educate, inform, and
make access to these vaccines more readily available.
I am now going to recognize the Chairman of the full committee,
Mr. Thompson, the gentleman from Mississippi.
Mr. THOMPSON. Thank you very much, Madam Chair.
Just this past weekend, we heard about another disturbing at-
tack on a Southwest Airlines employee. As Ms. Nelson has stated,
we cannot accept the frequency and intensity of these assaults as
our new normal.
Much discussion has been had as of late around building some
sort of a database or a list to keep passengers who perpetuate vi-
cious attacks against front-line aviation workers off planes. Three
of the witnesses today have made reference in their comments to
some kind of concept in their testimony.
So this is for Dr. Kelley and Ms. Nelson and Mr. Samuelsen.
How do you envision such a list or database functioning? What cri-
teria would exist for placing a passenger on such a list?
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Mr. SAMUELSEN. Would it be OK if I answered first, Chairman?
Mr. THOMPSON. Sure.
Mr. SAMUELSEN. Sure. So we believe that the establishment of a
no-fly list would be part of—a very important part of a multifaceted
approach, administered by the TSA, not a stand-alone kind of pan-
acea that is going to solve all the problems, but part of a multi-
legged approach. We believe that the criteria to be on that list is
either a conviction or a fine by the FAA, whereby that the due
process of the individuals who are put on the no-fly list are pro-
tected.
You know, we work for employers that accuse us of doing unfair,
untrue things all the time, heinous things, and they wrongly accuse
us. So we are well aware of what, you know, the due process re-
quirements would be here. But if there is not a no-fly list, people
with hand trouble are going to continue to get on planes and are
going to continue to assault plane crews and gate agents. It is an
absolute must that this list be established and it be done in a fair
way where due process is protected.
Thank you.
Mr. THOMPSON. Ms. Nelson.
Ms. NELSON. Chair Thompson, I will just echo what President
Samuelsen said about having this be a coordinated list at the TSA.
With the requirement of a conviction or a fine from the FAA, but
also there can be an additional tier of advising and flagging for po-
tential problem passengers where one airline has conducted an in-
ternal investigation and determined that they are going to ban that
traveler from that particular airline. That information should at
least be shared with the other airlines so they have the information
and can address the issue as passengers are purchasing tickets as
well.
So it is another step that could be added to the list that would
not be a no-fly required by TSA, but shared information to help
make good decisions and keep problems on the ground.
Mr. THOMPSON. Dr. Kelley.
Mr. KELLEY. Thank you. Thank you, Chairman Thompson. You
know, I echo my colleagues here. I believe that it is paramount to
have such a process, right, with an assurance of due process. This
is what, you know, our lifeblood is about, to make sure that every-
one has due process, everyone is treated with fairness and dignity.
So I certainly agree.
Mr. THOMPSON. OK. So, Ms. Nelson, without getting into the
weeds, that incident that occurred on Southwest over the weekend,
what kind of list would you recommend that person get on?
Ms. NELSON. Once the FAA or FBI, DOJ has conducted their in-
vestigation and there is a determination about either levying fines
or a conviction, then that person would be on the no-fly list across
the industry. Does that help, Chairman Thompson?
Mr. THOMPSON. Yes. I am just trying to get to the bottom line.
So, Mr. Casaretti, you have done a lot of flying. How would you
like to—I would like to get your input on this.
Mr. CASARETTI. Thank you, Chairman. I would go a step further
on making this a little bit more homogenous. I think everybody
should be able to report a violation. I think everybody should be
able to report an incident from a transportation worker at the low-
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39
est levels, all the way up to corporate security or an internal inves-
tigation. What I would suggest is that there be an investigative
person or body in the middle that can verify what the story is.
So we have had plenty of times when we have responded to
checkpoints because TSOs have been assaulted. We have done our
due diligence, asked questions, and we have called in local law en-
forcement to have local charges brought against them. Most often-
times the local charges are not brought, somebody doesn’t want to
file charges or it doesn’t rise to the level of local charges.
What we need is a unified Federal presence here. We need Fed-
eral officers taking care of Federal interests. While the FBI obvi-
ously are Federal officers, they are pretty busy. This is a whole
new category of stuff for them to be looking at. So I submit that
air marshals could actually do this and could be liaising with the
airlines and anybody who is assaulted, doing an investigation on
what had happened and putting these individuals on a list itself.
That would take a lot of the burden off existing investigatory
agencies that, quite honestly, may not respond to the checkpoints
for these type of low-level incidents or to the gate agents, if some-
thing happened to the gate agent. I can’t imagine that an FBI
agent would be taking his time out to come to an airport just to
question an individual. I have not seen it happen, unless it is a
high-profile thing.
Mr. THOMPSON. Thank you very much. I yield back, Madam
Chair.
Mrs. WATSON COLEMAN. Thank you.
Mr. Van Drew from New Jersey.
Mr. VAN DREW. Thank you, Chairwoman, and Ranking Member
as well.
As you all know, virtually every industry in America is currently
facing significant labor shortages which are being exacerbated by
the Biden administration vaccine mandates. My constituents who
work in industries spanning from hospitality to health care have
all been telling me the same thing—vaccine mandates are crippling
their industry’s ability to recover from this pandemic.
President Biden’s vaccine mandates applies to all Federal work-
ers, including TSA employees. As of mid-October, only 16 percent
of TSA employees had provided documentation showing that they
were fully vaccinated against COVID–19. Yet the deadline is quick-
ly approaching.
Dr. Kelley, you stated it is inexcusable that contractors are being
given the entire holiday season to meet the mandates, while Fed-
eral employees continue to be subject to the November 22 deadline.
Given that impending deadline, the current work force shortages
within TSA and the upcoming rise in travel over the holiday sea-
son, what challenges do you expect the TSA and its employees to
encounter? Do you think that the vaccine mandate requirements
will worsen those challenges?
Mr. KELLEY. Well, you know, I think that, you know, it is just—
challenges are going to be there. OK? I have outlined how tough
the job of the TSO is and how they do their job in the most trying
of circumstances. There is a lot of reasons why TSOs, you know,
will be leaving the organization, right, because you deal with low
pay and difficult work environments, you know, to top all of them.
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But the challenge is going to be the long wait lines and all those
things, they are just going to be there because of the fact that, you
know, there is such a high turnover, and the fact that, you know,
we have not done an exceptional job in making sure that the work
force was replenished. We still have people that is in training that
should be on the floor performing their jobs right now. This is what
is going to create the challenge.
Mr. VAN DREW. May I ask you this, though—and I certainly un-
derstand and agree with you with what they get paid and in gen-
eral what you are saying. But the fact that we are going to lose
some of them, a good number of them if—unless this vaccine man-
date changes is obviously, I think, going to increase that challenge
even more. Wouldn’t you agree?
Mr. KELLEY. I think that, you know——
Mr. VAN DREW. I have spoken to, you know, folks that work
there, and some believe in their personal freedom and will not get
the vaccine. If they lose their job, they lose their job. I know you
have heard the same thing.
Mr. KELLEY. I agree to a degree. That is the reason why we are
asking the administration, you know, to at least give some sense
of parity when it comes to the vaccine mandate deadlines, because
it gives those employees opportunity to think things through over
the holiday, you know, and those type of things where they feel
that there is some sense of fairness there.
If I say that it is not going to affect it, I would be incorrect. I
know that. But I am just saying that there are a lot more reasons
why TSOs are leaving the job site rather than the vaccination.
That is all I am saying.
Mr. VAN DREW. OK. It is a combination. I understand that. It is
a combination we don’t need; it is going to make things tough.
Mr. Casaretti, you may know that I have the largest Federal Air
Marshal Service in my district, with 85 percent of all training per-
formed there at the Atlantic City location. Can you explain how the
rise in unruly passengers is impacting the Service and whether you
believe mask mandates are forcing air marshals to shift their focus
from potential threats to mask-related incidents?
Mr. CASARETTI. Thank you for that question, Representative Van
Drew. I think the focus of the air marshals is always going to be
on terrorism and defeating that threat. The mask mandate, every-
body has pretty much adapted to it. We roll with the punches. It
is a different situation with a lot of people that you may speak to,
outside of law enforcement, we voluntarily put ourselves in harm’s
way. Getting in front of COVID and flying during the pandemic
was one of those things that we accepted and we did. Even when
there wasn’t concrete guidance, we still did it.
I don’t think that we are any less ready or prepared to meet any
threats, either current or evolving, because of the masks them-
selves. We don’t like wearing them, but it is not going to hamper
our ability to do our job.
I apologize, I forgot the first part of your question.
Mr. VAN DREW. I think you covered it pretty well. Just unruly
passengers as well. I guess it is a similar thing, because people are
crankier than ever in society today, and I know you have to put
up with that.
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Mrs. WATSON COLEMAN. I am sorry. The gentleman’s time has
expired.
Mr. VAN DREW. Thank you for your service.
Mrs. WATSON COLEMAN. Thank you, thank you.
Ms. Titus from Nevada.
Ms. TITUS. Thank you, Madam Chairman.
Let me thank Mr. Payne for allowing me to go ahead of him
since I need to vote and he is voting remotely. So thank you so
much, Mr. Payne.
You know, I represent Las Vegas, and we want people to have
a good time. We have got 40 million visitors who come here, most
of them come through the airport. But we can’t let them frolic at
the expense and safety of our front-line workers, whether they are
at the airport, on the plane, or in our casinos.
So I would like to go back to Ms. Nelson. You said in your testi-
mony that many airlines have suspended in-flight alcohol, which
may be a temporary way to reduce bad behavior and interactions
during the pandemic. I would ask you if you think a permanent
policy or regulation would be helpful, if we ought to consider that?
Then I would ask Dr. Kelley if he would address the same thing
from the standpoint of the TSOs. Are they finding more people
drinking in the airport before they get on the plane because they
are going to be denied that cocktail, and is that causing you a prob-
lem?
Ms. NELSON. Representative Titus, thank you so much for your
question. We really need to focus on the to-go alcohol and the deliv-
ery of alcohol to the gates. This seems to be something that is
being promoted at the airports only since the time of COVID. We
did not see this before. This started as a COVID safety procedure,
the to-go food and drink, but it has evolved into a money-making
proposition where there is a push of that alcohol, which is not help-
ful at all. Of course, we provided some examples of that in the writ-
ten testimony, with photos.
We also want to recognize, though, that the work, the coordi-
nated work between airlines, airports, and the Government and
unions has created some good moves by HMSHost, as an example,
in my testimony, that includes a sticker on the drink when they
are serving that, to help people understand that they cannot carry
that on to the plane, that they cannot board a flight inebriated.
So we need clear communications to people. That is what we are
asking for, and we are asking for an end to that to-go alcohol and
delivery to the gate that is in conflict with what is happening here.
Fifty-eight percent of our members say that these events are alco-
hol-related, and so if we can cut that back and cut anything back
that is contributing to these events, we want to do that.
Ms. TITUS. Thank you.
Dr. Kelley.
Mr. KELLEY. You know, once again, you know, I think that, you
know, not only does it become expected, and I think that, you
know, we have to do some things to try to curtail that because, you
know, I do believe that it gives a person an opportunity to, you
know, overextend their alcohol drinking, and it causes people to
react in ways, in many instances, that they wouldn’t normally
react. So I would say that we really need to pay attention to that.
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Ms. TITUS. I think so too. Certainly, people coming to Las Vegas
are in a festive mood, more so than perhaps other places. But you
are going to see this get worse during the holidays, I am afraid.
Mr. KELLEY. Yes.
Ms. TITUS. Because, you know, just the fact that it is the holi-
days, and you are going to have more people traveling and people
are feeling more secure. Are you all ready for the holidays? Have
you geared up? Are you going to take—are you going to be able to
handle these folks?
Mr. KELLEY. Is that question for me?
Ms. TITUS. Yes. That would be fine, you or——
Mr. KELLEY. Well, I just know that the work force that I rep-
resent, they are going to handle the situation. They are going to
handle every situation, because that is the type of employee that
we represent. If you just remember, you know, if they were coming
to work, you know, in the midst of a shutdown, they are continuing
to work, you know, knowing they are not going to get paid, you
know, these are patriotic workers. They are going to do their job.
They are going to do it effectively and efficiently. So I have no
doubt to believe that TSOs will get the job done.
Ms. TITUS. I think you are right. I see them every weekend when
I travel back and forth, and I thank them for their service.
Are you expecting any increased problems, Mr. Kelley, for the
holiday season, any special things you all are doing?
Mr. KELLEY. Well, not necessarily. I mean, we just try to prepare
ourselves for whatever comes, and we are going to be ready for
whatever comes. We are going to deal with whatever comes. But
nothing that we are anticipating, you know, out of the ordinary.
Ms. TITUS. OK. Ms. Nelson.
Ms. NELSON. We are encouraging airlines to think about the op-
eration, because when there are operational disruptions, that adds
to the anger and angst in the airports and creates problems as
well.
The airlines that have negotiated with us incentives for staff to
be able to come to work, that is very helpful, because as families
are saying, why do we want you to go to work in this disruptive
environment? Any incentive is very helpful. It takes approximately
2 to 4—2 to 6 months to train and hire people, so we are not going
to be able to do that in time for the holidays. We need to have some
other solutions here. And we are also pressing those airlines to
make very good decisions about the flights that they are scheduling
to make sure that we can actually handle that demand.
Ms. TITUS. Well, thank you so much.
Thank you, Madam Chairman. I yield back.
Mrs. WATSON COLEMAN. Thank you.
Mr. KELLEY. Can I add to that?
Mrs. WATSON COLEMAN. Thank you. I am sorry. The Member’s
time has expired, Dr. Kelley.
Mr. KELLEY. Thank you.
Mrs. WATSON COLEMAN. Thank you.
Mr. Payne from New Jersey. Mr. Payne from New Jersey. Mr.
Payne, if you are there, would you unmute? I know you are not on
camera.
Is the gentlelady from Iowa, Mrs. Miller-Meeks, there?
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43
Dr. Kelley, I can give you 30 seconds to finish whatever it is you
wanted to say because we do not have any more Members, we do
not have any more questions, and we do have a vote that has been
called.
Mr. KELLEY. Thank you. I am so gracious for that. I just wanted
to elaborate on what my colleague, Ms. Nelson, said. You know, the
TSOs do not have the luxury to negotiate such conditions of em-
ployment as the transportation—as the attendants—airline attend-
ants. That is why it is so important that we understand the neces-
sity of passing a permanent piece of legislation to give the TSOs
the right to negotiate these same rights that the airline industry
and that the flight attendants are able to negotiate. I applaud Ms.
Nelson for having that ability, but we need that same flexibility.
Mrs. WATSON COLEMAN. Thank you, Dr. Kelley.
I now recognize the gentlelady from Iowa, Dr. Miller-Meeks.
Mrs. MILLER-MEEKS. Thank you, Chairman Watson Coleman. I
appreciate this hearing and the testimony of our witnesses.
Dr. Kelley, I am also a physician. I am a former director of public
health, and I am going to start this by saying that I am fully vac-
cinated. In the 24 counties in my current district in Iowa, I held
vaccine clinics in all 24 of my counties. I have encouraged people
to be vaccinated. I have helped assist them. I have answered ques-
tions.
One of the things that I have found very disturbing, you know,
over the course, and especially when President Biden said he would
institute a vaccine mandate, has been this division and pitting of
vaccinated people against unvaccinated people. Even recently, the
CDC said that they have no data or information on people having
had infection-acquired immunity or natural immunity having been
hospitalized for COVID–19 or they have record of those deaths.
So you had recently asked the White House to delay the Execu-
tive Order deadline until January 18 for all Federal employees to
be vaccinated so the deadline would be consistent with the man-
date for Federal contractors. Mr. Casaretti has expressed the same
position for the Air Marshal Association.
So, Dr. Kelley, can you explain why AFGE is concerned about the
November 22 deadline for Federal employee vaccine mandate, or is
it just consistency?
Mr. KELLEY. Well, it is a number of things. First of all, you
know, this double standard has caused a lot of confusion, right, be-
cause, you know, the Federal employee is asking me the question,
why do I have to work right beside a Federal contractor that don’t
have to be vaccinated, you know, and can come to work and work
beside me, and you know, possibly expose me, you know. It is inex-
cusable that, you know, the contractors are being given the entire
holiday season to meet the mandate, while Federal employees con-
tinue to be subject to the November 22 deadline, you know.
But we think that if there was some parity here, it would at least
give the Federal employee an opportunity during the holiday, you
know, to talk with their families, you know, and be able to ration-
alize, you know, can I really go and do this, you know, and get back
to where I need to be as a good Federal employee. That is the idea
here, you know.
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44
It is a sense of fairness, you know. It eliminates confusion, you
know, and those types of things, are why we have asked the White
House to make sure that we have the same deadlines.
Mrs. MILLER-MEEKS. I would agree with you, I think I have
been—as I said, I think shaming, blaming, ridiculing people,
whether it is on social media or in person, is not the way to get
people to be vaccinated. I also think that there is, you know, this
lack of recognition of infection-acquired immunity, which with the
Israeli study has actually demonstrated that it is as equivalent or
even better. So there should be a recognition for those people who
have had COVID–19 and recovered, that they have immunity, so
we should be talking about immunity and not just vaccination.
To that point, I have a bill that would mandate coverage—insur-
ance coverage, regardless of the type of insurance, for serology test-
ing, which would be humoral antibodies but also T cell antibody
testing, which is the longer-term immunity for viruses, both of
which have been long lasting, less so the humoral.
So it is one of these ways to prove that there is immunity from
COVID–19, because we know even if you are vaccinated, you can
transmit the virus. So it does seem to be a double standard, I
would agree with you on that, and we will keep continuing to push
those issues. I would say delaying the mandate to have the same
date as January 18 would be a sensible policy, and it also would
help you in your desire for parity among those that are Federal
contractors.
Can you also explain how this requirement is going to impact the
TSA? Let me just say that the TSA, like health care providers, like
essential workers throughout the pandemic with no vaccine for 15
months worked, kept people safe, kept their coworkers safe, and
kept each other safe, with personal protective equipment,
distancing, you know, protective barriers. So they were able to keep
people safe, even though they were at risk themselves and risked
their family members when they went home throughout the pan-
demic without a vaccine, which is another, you know, source of hy-
pocrisy to me in the mandate.
But how will these requirements impact the TSA and its ability
to be fully staffed at airports and surface transportation sites dur-
ing the upcoming holiday season, as you mentioned?
Mr. KELLEY. Well, again, you know, it is certainly my belief that,
you know, the lack of staffing, you know, is not really related to
the mandate, you know. I strongly believe that. I strongly believe
that the lack of staffing and the issues that we may face, you know,
come this holiday season, you know, with a staffing shortage, if you
call it that, will be because of the fact that we just did not replen-
ish the work force, you know, and because of the fact that we did
not do all the hiring that we said we was going to do, because you
still got people that we hire, still in training, not even on the floor
yet. So, in my opinion, that is where the problem is going to be,
but the work force has been very patriotic.
Mrs. WATSON COLEMAN. Thank you very much, Dr. Kelley. The
gentlelady’s time has expired. I am sorry. Thank you for your infor-
mation.
Mrs. MILLER-MEEKS. I am sorry. I didn’t see the clock. I yield
back my time.
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Mrs. WATSON COLEMAN. Thank you to the gentlelady.
So I want to thank each and every one of the witnesses that tes-
tified here today. You gave us very important information, a lot for
us to chew on, because we are very concerned about the safety and
security of both those who are flying and those who are serving
those who are flying, and those who are in other forms of transpor-
tation as well.
The Members of the subcommittee may have additional questions
for the witnesses and we ask that you respond expeditiously in
writing to those questions.
The Chair reminds Members that the subcommittee record will
remain open for 10 business days.
Without objection, the subcommittee stands adjourned. Thank
you so much.
[Whereupon, at 3:10 p.m., the subcommittee was adjourned.]
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APPENDIX
QUESTIONS FROM HONORABLE DONALD M. PAYNE, JR. FOR EVERETT B. KELLEY
Question 1. Have assaults on TSOs contributed to attrition over the past year?
Answer. Yes. In a largely toxic work environment, additional threats contribute
to attrition. When a TSO does not feel the TSA management has their back, it is
an additional reason to seek other employment. In some cases, assaults and mis-
treatment have instead led to discipline of the TSO rather than an intolerance of
mistreatment of the workforce by those they are working to protect.
At a press briefing on Monday, December 13, TSA Administrator David Pekoske
announced that a record number of guns have been detected at U.S. airport check-
points this year—a total of over 5,700 which is up from the previous high of 4,400
in 2019. At the same press briefing, he noted the significant increase in unruly pas-
sengers reported by airlines. While some presence of weapons could be an oversight
on the part of the passenger, this drastic increase suggests a greater intent to cause
harm. Working in that environment is a contributor to attrition.
Question 2. What additional factors could help retain TSOs and boost hiring
ahead of the holiday period? I introduced H.R. 2744, the Hazardous Duty Pay for
Frontline Federal Workers Act earlier this year and have long called for our Trans-
portation Security Officers to receive the duty pay they deserve during this pan-
demic, because of the risks they have undertaken to show up at work every day.
I have also been a firm advocate for the Chairman’s bill, the Rights for the TSA
Workforce Act, to move TSA to Title 5 and give these front-line workers the rights
and protections they deserve.
Answer. First of all, thank you to Congressman Payne for taking the lead in pro-
viding hazardous duty pay for front-line workers from early in the COVID–19 Pan-
demic. This legislation, along with passage of H.R. 903, the ‘‘Rights for the TSA
Workforce Act of 2021’’ would make great strides with hiring and retention of a
well-trained, respected workforce. Decent pay and regular increases have long been
a factor adversely affecting hiring and retention. During holiday periods and peak
travel periods, it is important for the agency to plan well for staffing needs. Over-
time is going to be needed, but making sure there is fairness in the allocation of
overtime is essential. Ensuring that women TSOs are not unduly punished and kept
from the shifts and duties they desire takes better planning and hiring strategies
and a management that especially respects the needs of pregnant TSOs and nursing
mothers.
Question 3. What challenges has AFGE faced in its efforts to obtain hazardous
duty pay for your members? Has this been detrimental to the workforce, especially
in relation to retention efforts at TSA?
Answer. The spread of COVID–19 cast a spotlight on the large numbers of Fed-
eral employees who are defined as essential personnel. Clearly, as long as airports
were open, even with reduced schedules, TSOs are essential to aviation security. Be-
cause of the nature of screeners’ jobs, distancing is not always possible and this has
led to more than 11,000 TSA employees, mostly in the screening workforce con-
tracting COVID–19 and to 33 deaths. If this does not constitute hazardous duty, it
is difficult to imagine what does. In addition to TSOs becoming ill themselves, so
many have had to care for loved ones and raise children who were not in school.
All of these threats and challenges arguably contribute to attrition. Hazard pay
could make it possible for another parent or adult to provide child care and all those
who contract the virus to fully recover.
Question 4. Recently, the Biden administration has made efforts to address some
of the long-standing workforce issues which we hope to codify soon. How do you
foresee these improvements, including the access to the Merit System Protection
Board, improving the morale of the workforce? Do you believe this will lower turn-
over at the agency?
(47)
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48
Answer. Yes, being accorded title 5 collective bargaining rights and the GS pay
scale will lower turnover among TSOs. While administrative measures lift hopes,
morale will not improve substantially until these measures are secured in law. Re-
garding access to MSPB, this represents a huge improvement over TSA’s internal
review board which is comprise entirely of management personnel. It is not difficult
to imaging how knowing there is fairness and balance in the process contributes to
morale.
QUESTION FROM HONORABLE DONALD M. PAYNE, JR. FOR SARA NELSON
Question. Have verbal and physical attacks played a role in your members’ deci-
sion to head for the exits?
Answer. Response was not received at the time of publication.
QUESTION FROM HONORABLE DONALD M. PAYNE, JR. FOR JOHN SAMUELSEN
Question. Have verbal and physical attacks played a role in your members’ deci-
sion to head for the exits?
Answer. Absolutely. We have seen this for decades in transit. Bus drivers have
a high rate of attrition relative to other job titles at transit agencies and that is,
in part, because they are the most likely to be assaulted on the job. No job is worth
your life and workers make that plain by leaving for other opportunities when they
fear for their safety.
On the airline side, the industry shed 50,000 jobs from April 2020 to May 2021.
Most of those workers left the industry entirely and are not going to come back in
part because they don’t want to risk assault on the job. According to a Government
Accountability Office study in 2019, 10 percent of airline gate agents had been phys-
ically assaulted on the job prior to the pandemic. While we don’t have hard data
yet for this year, there is no question that that number has increased significantly
in 2021. Not only is this encouraging workers to leave for other jobs or early retire-
ment, it is making it more difficult to recruit and hire new workers into these posi-
tions.
Æ
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