[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

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  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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