On the Frontlines in Turbulent Times: Workforce Perspectives on the State of Transportation Security, House hearing transcript (November 16, 2021), GovInfo CHRG-117hhrg47114, HTML text
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This is the Government Publishing Office HTML text 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. Witnesses were Everett B. Kelley of the American Federation of Government Employees, Sara Nelson of the Association of Flight Attendants-CWA, John Samuelsen of the Transport Workers Union of America and John A. Casaretti of the Air Marshal Association. Watson Coleman said that in addition to COVID-19, unruly passengers continued to plague air travel, and Chairman Bennie G. Thompson cited a rise in incidents involving unruly passengers and assaults against transportation workers, along with TSA staffing issues.
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[House Hearing, 117 Congress]
[From the U.S. Government Publishing Office]
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
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
47-114 PDF WASHINGTON : 2022
-----------------------------------------------------------------------------------
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 Barragan, 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,
Dina Titus, Nevada Ranking Member
Josh Gottheimer, New Jersey Jefferson Van Drew, New Jersey
Elaine G. Luria, Virginia Ralph Norman, South Carolina
Bennie G. Thompson, Mississippi (ex Mariannette Miller-Meeks, Iowa
officio) John Katko, New York (ex officio)
Alex Marston, Subcomittee Staff Director
Kathryn Maxwell, Minority Subcomittee Staff Director
Alice Hayes, Subcomittee Clerk
C O N T E N T S
----------
Page
Statements
The Honorable Bonnie Watson Coleman, a Representative in Congress
From the State of New Jersey, and Chairwoman, Subcommittee on
Transportation 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
Government 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
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
subcommittee 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 holidays 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 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.
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 requirement 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,
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 reports tell us that TSA has now assessed
$85,990 in fines against 190 individuals.
While this is indeed an improvement, the consequences of
assaulting 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 solutions 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 Transportation 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 appear 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\
---------------------------------------------------------------------------
\1\ https://www.mayoclinic.org/coronavirus-covid-19/vaccine-
tracker.
---------------------------------------------------------------------------
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.
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 requirement 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\
---------------------------------------------------------------------------
\2\ https://www.reuters.com/world/us/us-agency-ramps-up-fines-
travelers-failing-wear-masks-2021-10-28/.
---------------------------------------------------------------------------
While this is an improvement, the consequences of assaulting 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 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
Florida, 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.
transportation 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
travelers, and our airport has already seen domestic leisure
travel at prepandemic levels. International bookings are up
nearly 50 percent from--down 50 percent from 2019, but they are
also resurging. They are projected to increase substantially
with the recent openings 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 traveling 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 holidays and beyond without these valuable skilled front-
line employees.
I am also concerned that there has been a dramatic increase
in the amount of violent and disruptive passengers in surface
transportation 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 transportation 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
movement 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 difficult 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 bookings 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 security 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 airports 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 holidays 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 violent 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 transportation 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
committee, 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 capable of handling the challenge 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 against transportation
workers. Further complicating matters 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
reported over 5,100 unruly 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, as you have already heard, subcommittee
Chairwoman Watson Coleman and myself wrote the 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 work force 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
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 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.
I would also like to thank Chairwoman Watson Coleman and the
Transportation 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 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 unruly 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, ultimately, 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 Ranking Member of the full committee in their February
3 colloquy regarding 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
president of the Transport Workers Union, TWU. He is a former
track worker with New York City Transit, and has served as the
international 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.
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, Chairman
Thompson, Ranking Member Katko, and Members of the
subcommittee, 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
Officers 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 otherwise. Although we can all rejoice in the fact
that the declining COVID infections mean that there will be an
increase in the volume 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 minimize 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
handling abuse and violence by passengers at the checkpoint.
TSOs need to know that supervisors have their back when
passengers engage 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 resuming 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 Federal employees with its deadline for Federal contractors
who work alongside them. Extending the deadline until January 4
will provide 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,
Government 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
passing 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 counterparts 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
circumstances and have done so time and time again over the 20
years TSA has been in operation. We count on TSOs to do an
essential 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, respectful, 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,
Ranking 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 Administration (TSA) thanks the
subcommittee for holding this important hearing today, ``On the
Frontlines in Turbulent Times: Workforce Perspectives on the State of
Transportation Security.'' I reflected on this title to the hearing for
a few moments and wondered 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 consequences 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
equipment 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.
violence and abuse at checkpoints
Throughout TSA's 20 years in operation, TSOs have faced countless
acts of violence 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 November 2013,
Congresswoman Julia Brownley (D-CA) introduced legislation, the
``Honoring Our Fallen TSO Officers Act'' to extend public safety
officer death benefits 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 parochial 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 violence 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 legislation 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 subcommittee 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 environment. As this
committee examines tumult in transportation security, it must
thoroughly investigate and help to root out this dangerous work
culture. I testified earlier 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 procedures. At the
direction of the Biden administration, TSA has taken some
administrative steps \1\ to provide means of challenging discipline and
appealing unfair decisions, but it will take a top-down commitment to
eradicate this culture of abuse.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 December 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 passengers 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
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 disruptive passengers. Doing so now is key to a safe
and healthy traveling season.
---------------------------------------------------------------------------
\2\ TSA passenger throughput data https://www.tsa.gov/coronavirus/
passenger-throughput.
---------------------------------------------------------------------------
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 alongside 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 pandemic 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 result 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
Government 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 Government 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 potentially 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 Member
Gimenez, Chair Thompson, and Ranking Member Katko, for
convening this hearing on the current threats to aviation
security 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,
representing 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 experience for everyone; at
worse, they are putting the safety and security 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 disturbed 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 freedom, 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. Consistent communication and enforcement of masks and
alcohol policies in the airport. Ban to-go alcohol in airport
and in-airport alcohol delivery. Increase staffing at the gate
and on planes. Enlist everyone 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 airlines for
denying flights on all airlines for offenders.
Relevant House and Senate committees should work with
urgency 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.
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 separate 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 meaningful security training
have not been successful.''
Let's finally make this training accessible as a tool for
flight attendants 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 attendants at 17 airlines across the industry. We
also coordinate closely with leaders of the Association of Professional
Flight Attendants and the Transport Workers Union, together
representing nearly 100,000 flight attendants across the industry.
Flight attendants are the frontline of aviation along with the
passenger service agents and ground service workers represented by the
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 Infrastructure Subcommittee on Aviation regarding ``Disruption in
the Skies: The Surge in Air Rage and its Effects on Workers, Airlines,
and Airports.'' Some of the testimony 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, airports, 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 relatively 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
leadership and authority in the cabin to keep everyone safe, or a
target for a violent attack. 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 cannot 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 September 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
safety 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 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 requires
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:
---------------------------------------------------------------------------
\1\ https://www.afacwa.org/unruly_passengers_survey.
---------------------------------------------------------------------------
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 incident.
71 percent of flight attendants who filed incident reports
with airline management received no follow-up.
50 percent reported witnessing misconduct during boarding,
and 13 percent reported behavior beginning in the gate area.
58 percent of respondents reported alcohol contributed to
disruptive events and 85 percent of incidents were related to
mask compliance.
61 percent of respondents reported that disruptive
passengers used racist, sexist, and/or homophobic slurs during
incidents. Many specific examples were provided, 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 unruly behavior, flight attendants cited that mask compliance,
alcohol, routine safety reminders, flight delays, and cancellations
were all common factors in unruly passenger 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 directions, 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 response
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 dramatically reducing the threat in the air. The
survey also indicates room for significant 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 Airlines 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.
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 jurisdiction 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 perform
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 individual 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 important, our experience is that public criminal
prosecution serves as the most effective deterrent to potential
aggressors. President Biden's instruction to the U.S. Department 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 Department
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 passengers.
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. Action 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 perpetrators 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 crewmembers, gate agents, or other
passengers on one airline, they pose a risk to passengers and crew at
every airline. This should also include any assault on a Transportation
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 themselves to identify their part in helping
promote calm, kindness, and above all--safety and security. More
airport signage, airport PSAs, and notifications from the airline--
starting when passengers purchase the tickets all the way up until
boarding--should all be enhanced communication measures to reinforce
the ``zero-tolerance'' policy, the fines/jail time consequences, and
the rules associated with alcohol consumption.
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 typically 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 contracts 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 questions, 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 passenger incidents per week and often there is a single
flight attendant to face unhinged 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
supported 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 literally 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 millions of jobs tied to it seemed
bleak to say the least. A long story short, due to people like you
fighting on behalf of all of us and our families we have emerged
stronger 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 position 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 the only solution for this holiday season. In the
mean time, negotiating staffing incentive 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
incentive pay as a tool for staffing when there are critical shortages.
The inability to increase staffing prior to the holidays is why
stopping the disruptive 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 boarding 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 terminals, 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 following 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 alcohol 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 driver 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 bypass restrictions on in-flight service by drinking to
excess prior to flight or by bringing 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.
We must convey to the subcommittee our profound dismay that some
airport vendors are actively undermining efforts to enhance compliance
by encouraging passengers 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.
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
We raised this issue during the September 2021 House Transportation
and Infrastructure Committee hearing and provided examples from
Phoenix, St. Louis, and JFK. Travelers are met with calls to order
alcohol delivery to your gate and ``cocktails to go.'' One ad at JFK,
urges passengers to drive one cocktail at the bar and order up another
to bring to the gate. This messaging is still in place today at these
airports and many others.
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
These messages, and the policies behind them, are totally
inconsistent with Federal safety regulations and send a message that
getting drunk before flying is permissible. 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 supporting 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 passengers.
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 automatically 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]
It bears repeating that we need a centralized list of offenders
shared among airlines 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 response protocols,
immediate consequences, and criminal prosecution. The FAA passenger
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 mandatory 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 themselves and
passengers from assault and injury.
basic course
The basic course must allow for the repetition and drill necessary
to gain the appropriate intellectual, physical, and emotional responses
needed to protect oneself, fellow crewmembers, passengers, and the
aircraft from acts of intimidation and assault, causing injury and that
may divert flight attendants from their duty to maintain 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 appropriate 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 crewmembers and able-bodied passengers to prevent or
mitigate any on-board acts of physical violence. This will
include the use of tactical communications between flight
attendants, pilots, and any Federal air marshals and law
enforcement 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
bombers 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
Transportation 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 exercises.
Reinforce and maintain basic level knowledge, skills, and
abilities
Introduce any updated information necessary due to changes
in the threat environment.
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 attendants 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
reinforce muscle memory of these First Responders when confronted with
a physical attack.
In the alternative, the TSA could establish a group of subject-
matter experts, including 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 security and
self-defense training, as well as a required certification program for
airline-hired trainers to teach these courses. In the case of an
airline, rather than direct 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, airlines, 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 passengers. 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 regulation on interference with crewmembers. The FA had expected
they would be arrested. 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 profane
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 seated 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 attempts 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 cockpit 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 arrested 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 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. However 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 passengers 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 confused 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 unusually, 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 finishing 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 delayed 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 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 influence 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 passenger he was
engaging, charismatic, and a bit apologetic. During this second
conversation 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 supervisor 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 boarding 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 information 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 noticed the male was
bending down and pulling something from his bag. He then aggressively
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 personnel. 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 grabbing 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
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 Captain asked me to stay in the galley while he talked to
Mr. C. Mr. C constantly interrupted 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 passenger 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 PRESIDENT, TRANSPORT
WORKERS UNION OF AMERICA, AFL-CIO
Mr. Samuelsen. Good morning. Thank you, Chairwoman Coleman
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
Transport Workers Union of America, working in transit, air,
railroads, and other industries. Our members include bus
operators, flight attendants, airport gate agents, Amtrak on-
board service workers, bikeshare workers, and many other crafts
and classes in transportation.
Across airlines, transit, and railroads, front-line workers
overwhelmingly believe that the No. 1 security threat in our
transport systems today is physical assault in the performance
of their duties. The FAA has reported more than 5,000 unruly
passenger incidents 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 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 passenger, 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 hospital 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 station agent to the ground
and broke several of his ribs with repeated punches and kicks.
We are seeing a full moon atmosphere across all of our
transit systems where angry and frustrated passengers feel
entitled to assault 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 problems, 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 pandemic. 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 almost 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
assaulting transportation workers. Of the more than 5,000
assaults reported to the FAA, only 37 were recommended for
criminal prosecution. 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
approach involving Federal and local authorities, as well as
transportation employers. The most effective deterrent that we
have seen is the presence of uniformed law enforcement officers
in the systems where assaults are happening. For example,
redeploying police from the fare box in New York City and into
the subway and bus system reduced the number of assaults by
more than 60 percent.
I list several urgently-needed policy changes like this in
my written 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 workers, mechanics of all kinds,
and many other crafts in the public transit, airline, railroad,
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 Federal 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 concerns 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 evidenced
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 return 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 operators navigate large pieces of
critical infrastructure equipment through crowded city streets. And
transportation workers everywhere are tasked with implementing Federal
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 penalty 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 Southwest 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.
---------------------------------------------------------------------------
\1\ Data current as of 11/12/2021; https://www.faa.gov/
data_research/passengers_cargo/unruly_passengers/.
\2\ Based on FAA data at https://www.faa.gov/data_research/
passengers_cargo/unruly_passengers/.
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\5\ https://www.gao.gov/assets/gao-19-683.pdf.
---------------------------------------------------------------------------
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 Administrator 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\
---------------------------------------------------------------------------
\6\ It is important to note that the NTD data significantly
underestimates the number of assaults in our transit systems. Under the
current definition of ``assault'' used by the NTD, a victim 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.
---------------------------------------------------------------------------
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 fractured 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 padlock.\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.
---------------------------------------------------------------------------
\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-padlock-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.
---------------------------------------------------------------------------
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, despite a more than 60 percent
reduction in the number of Amtrak passengers, Amtrak employees
experienced roughly a 25 percent increase in on-board assaults.\13\
---------------------------------------------------------------------------
\13\ Amtrak Police Department data.
---------------------------------------------------------------------------
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 cannot 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
workers.\14\ It is no surprise that storms, which happen every year,
resulted in thousands of cancellations at both of these carriers.
---------------------------------------------------------------------------
\14\ Bureau of Transportation Statistics.
---------------------------------------------------------------------------
The understaffing levels in the airline industry are a direct
result of several airlines' 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 attendants, mechanics,
ramp workers, pilot instructors, and dispatchers at the carrier.
Passenger frustration and anger, generated by management decisions to
intentionally understaff their carrier, will be taken out on front-line
workers.
Similarly, transit and rail service reductions can contribute to
passenger frustration 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 management decisions undermining the safety of the
front-line workforce.
Most incidents of assault happen at flashpoints, moments when
workers are obligated to announce safety protocols, operational rules,
or travel norms that passengers do not want to follow. Airline gate
agents experience many assaults after flight cancellation announcements
or long delay postings. Bus drivers are often assaulted 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 passenger reaction to otherwise ordinary safety compliance
requests. The mask mandate, 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 requirement.\15\
---------------------------------------------------------------------------
\15\ https://www.faa.gov/data_research/passengers_cargo/
unruly_passengers/.
---------------------------------------------------------------------------
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 behavior 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 assaulting 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 action now to reduce the threat of assault in our
transportation systems.
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 legislation to this effect, and we hope the committee
will give this proposal swift consideration. Passengers recently
convicted of criminal charges for or assessed civil penalties 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 information on passengers with each
other), Amtrak's prohibition effectively locks these individuals out of
the system. The railroad should be applauded for taking this unilateral
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 current 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 jurisdictions 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 transportation 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 become 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\
---------------------------------------------------------------------------
\16\ The TWU joined with other airline unions and companies to call
for stricter enforcement and more prosecutions of assailants.
---------------------------------------------------------------------------
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, however, 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 General's office
to ensure that gate agents and others are fully covered by the
protections 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 capacity, 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.
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 visibility 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 assaults 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 proposal to redeploy
law enforcement officers into the transit systems (rather than
patrolling the perimeter for fare evaders).\17\ Placing Amtrak police
on-board trains and airport police near gates would have a similar
effect.
---------------------------------------------------------------------------
\17\ https://nypost.com/2021/06/22/soaring-nyc-subway-assault-rate-
drops-after-mta-cop- push/.
---------------------------------------------------------------------------
Preparedness requires both physical and human capital investments
that acknowledge the risk workers face from assault. The FAA's Employee
Assault Prevention 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Finally, employers must be more realistic and caring about the
reality transportation 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. Legislative 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 worker and by my service and sincere
desire to see that TSA succeed in its vital mission.
Our success ensures that the lives lost on that September
morning 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 perspectives of the air marshals.
The perspective of the Air Marshal Association is that the
security strategy historically utilized by the FAMS must
evolve. 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.
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 authority 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,
stakeholders, 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 projected 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
transportation security purposes. Recovering the $3 billion
from projected 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
training be integrated with the flight crew recurrent training.
It is difficult 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 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 impact on work force morale. Many are discouraged that
we are losing 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
another Government shutdown and disruption in pay. During the
Government shutdown of 2019, the AMA had to intercede and
assist some members with bill payments, as missed payments can
endanger 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
deadlines, and the AMA supports the suggestion to move back the
compliance deadline for Federal workers to January 4. 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 reasonable accommodations 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 testify 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 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 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 airline 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
security duties. Having an increased investigatory footprint,
leveraging our existing authority 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, stakeholders, 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 effectively mitigate emerging threats and
resolve transportation vulnerabilities. Although 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.
---------------------------------------------------------------------------
\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/.
---------------------------------------------------------------------------
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 enforcement and FAM involvement. Over the past
year, as in-flight violent incidents rose, crewmembers repeatedly
approached FAMs with questions and requests. They specifically
requested that FAMs step in when passengers become aggressive or
belligerent, 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 discouraged and demoralized
when neither fines nor criminal charges occur.
Most lawmakers and stakeholders are surprised to learn that
airports and transportation facilities lack a static Federal Law
Enforcement presence, and that Federal statutes are randomly and
erratically enforced. It is the AMA position that the transportation
domain needs a static Federal law enforcement presence to investigate
criminal activity, respond to stakeholder concerns, coordinate security
operations, 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, passport fraud, artfully concealed
items, bulk currency transport, and out-of-status travelers remain
unaddressed by local officers while investigatory opportunities are
routinely 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 expected 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 transportation 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 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.
---------------------------------------------------------------------------
\3\ PUBLIC LAW 113-67--DEC. 26, 2013--SEC 601--https://
www.govinfo.gov/content/pkg/PLAW-113publ67/pdf/PLAW-113publ67.pdf.
---------------------------------------------------------------------------
crew member self defense training
The AMA also recommends that Crew Member Self Defense Training be
integrated 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 morale. 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 experience. 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 payments can endanger security clearances and
may lead to removal. I urge the Members of 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 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 reasonable 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 Talbot, 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 statement 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 policies 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 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.
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.
I will now recognize Members for questions they may wish to
ask the witnesses. I am going to recognize Members in order of
seniority, 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
finished 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 minutes.
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 consequences.
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 belief 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 offenders?
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 message, 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
procedure 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 transportation 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
employ the tactics they learn in this class against a
passenger, sadly, 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
mandatory 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 respond on-board when an
attack is imminent.
We don't have warning usually for this. This has to be an
immediate 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
existing challenges to air marshals' mental health? What
recommendations do you have, does the AMA have to address those
challenges both old and new?
Mr. Casaretti. Thank you for the question, Chair Watson
Coleman. Yes, the pandemic has absolutely exacerbated a lot of
challenges 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 initially estimated were required to safeguard the
transportation domain. So we have seen a drop-down where our
numbers are probably 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 schedule. They are just placing FAMs on temporary flights,
breaking those flights, and then changing their entire schedule
for the day. 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 exemptions from getting the vaccine. TSA issued its
guidance for seeking exemptions on Friday, November 5, just
before the Monday deadline 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 completely safe. You know, we all have those
risks, and we are going to continue to have those risks until
this pandemic has been eliminated.
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 deadline that they have given to Federal
contractors who work alongside 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 myself. 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
attack 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 vicious 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
criteria would exist for placing a passenger on such a list?
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 panacea 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 protected.
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 requirements 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 potential problem passengers where one airline has
conducted an internal 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 everyone 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
investigation 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 lowest levels, all the way up to
corporate security or an internal investigation. 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
enforcement to have local charges brought against them. Most
oftentimes 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
Federal officers taking care of Federal interests. While the
FBI obviously 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 something 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
workers, 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 quickly approaching.
Dr. Kelley, you stated 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. Given that impending deadline, the current work
force shortages within TSA and the upcoming rise in travel over
the holiday season, 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.
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
understand and agree with you with what they get paid and in
general 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 mandate 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 performed 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,
everybody 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 themselves. 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.
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
testimony 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 problem?
Ms. Nelson. Representative Titus, thank you so much for
your question. We really need to focus on the to-go alcohol and
the delivery 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 helpful at all. Of course, we
provided some examples of that in the written testimony, with
photos.
We also want to recognize, though, that the work, the
coordinated 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 alcohol-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.
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
holidays, 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
represent, 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
operation, 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?
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 employment as the transportation--as the
attendants--airline attendants. That is why it is so important
that we understand the necessity 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 vaccinated. 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 questions.
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
Executive Order deadline until January 18 for all Federal
employees to be vaccinated so the deadline would be consistent
with the mandate 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, because, 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 inexcusable that, you know, the contractors
are being given the entire holiday season to meet the mandate,
while Federal employees continue 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 rationalize, 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.
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--
insurance coverage, regardless of the type of insurance, for
serology testing, 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 pandemic without a vaccine,
which is another, you know, source of hypocrisy 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 during 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 replenish 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
information.
Mrs. Miller-Meeks. I am sorry. I didn't see the clock. I
yield back my time.
Mrs. Watson Coleman. Thank you to the gentlelady.
So I want to thank each and every one of the witnesses that
testified 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 transportation 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.]
A P P E N D I X
----------
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 mistreatment 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 checkpoints 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 passengers 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 Transportation Security Officers to
receive the duty pay they deserve during this pandemic, 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 providing hazardous duty pay for front-line workers from early
in the COVID-19 Pandemic. 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. Overtime 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 Federal employees who are defined as essential personnel.
Clearly, as long as airports were open, even with reduced schedules,
TSOs are essential to aviation security. Because 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
contracting 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 turnover at the agency?
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. Regarding 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' decision 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' decision 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 physically 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 retirement, it is making it more difficult to
recruit and hire new workers into these positions.
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