Addressing Unruly Airline Passengers

Addressing Unruly Airline Passengers

link to page 1

October 19, 2021
Addressing Unruly Airline Passengers
As airline passengers have returned to flying in increasing
remains in effect. The mandate requires masks to be worn,
numbers following the Coronavirus Disease 2019 (COVID-
in compliance with Centers for Disease Control and
19)-related drop in ridership during 2020, the number of
Prevention guidelines, in airport terminals as well as
reported unruly passenger incidents has increased
onboard commercial aircraft. TSA is charged with
substantially. Objections to mask requirements and
enforcing these rules, and passengers refusing to comply
excessive alcohol consumption have been cited as key
may face TSA-imposed fines of $500 to $1,000 for first
contributors to the rise in incidents. An uptick in high-
offenses and up to $3,000 for repeat offenses. It is unclear if
profile schedule disruptions as airlines adjust to meet
any incidents involving TSA agents are tied to the mask
growing air travel demand is another possible factor. The
mandate, but it does appear that some altercations at
117th Congress has raised concerns regarding unruly
airports have involved confrontations about masking.
passenger conduct at oversight hearings and through
Threats to and assaults on airline customer service agents
Member correspondence with executive branch agencies; it
are not new, and it is difficult to ascertain whether the
has not passed related legislation.
number of such incidents has been rising. A 2019
Government Accountability Office (GAO) survey of 104
Incidents Onboard Aircraft
airline customer service agents found that almost all had
In the first nine months of 2021, the Federal Aviation
experienced verbal harassment, about 44% had been
Administration (FAA) received more than 4,000 reports of
threatened verbally, about 21% had experienced an
unruly behavior onboard aircraft, over 3,000 of which have
attempted physical assault, and about 10% reported being
been described as mask-related incidents. FAA has initiated
physically assaulted on the job over the course of the year
more than 800 investigations of unruly passenger conduct
prior to the survey.
in the first nine months of 2021, more than a five-fold
annualized increase compared to recent years in which
Government and Industry Response
annual totals were below 200 (see Figure 1).
In the first nine months of 2021, FAA issued more than $1
million in airline passenger fines, averaging more than
Figure 1. Investigations of Unruly Passenger Conduct
$15,000 each. While individual airlines keep lists to bar
passengers from future flights for egregious violations of
their contract-of-carriage terms, including unruly behavior,
this information is not available publicly and is not shared
with other airlines. The airline industry has indicated that
there may be both operational and legal barriers to sharing
these lists among airlines. The federal government
generally does not bar individuals from flying unless they
pose a clear terrorist threat to aviation, in which case they
may be placed on the “no fly” list maintained by the
Terrorist Screening Center and checked by TSA.
Source: Federal Aviation Administration.
Note: Annual data, except 2021 data through September.
Applicable Statutes and Regulations
FAA regulations prohibit interference with flight and cabin
A July 2021 labor union survey of almost 5,000 flight
crew members. Specifically, 14 C.F.R. §§91.11, 121.580,
attendants found that 85% experienced unruly passenger
and 135.120 state that “no person may assault, threaten,
behavior during the first half of 2021, including verbal
intimidate, or interfere with a crewmember in the
abuse; racist, sexist, and homophobic slurs; threats; and
performance of the crewmember’s duties aboard an aircraft
physical violence. More than half experienced five or more
being operated.” 49 U.S.C. §46318 gives FAA express
such incidents, and 17% of respondents reported being
authority to fine individuals who assault or threaten crew
involved in physical altercations. Law enforcement was
members or any other individual onboard an aircraft or who
reportedly informed of about one-third of verbal incidents
take any action that poses an imminent threat to the aircraft
and about 60% of physical altercations.
or people onboard. Language in the FAA Reauthorization
Act of 2018 (P.L. 115-254) increased the maximum civil
Incidents at Airports
penalty for such violations from $25,000 to $35,000. This
Unruly behavior by airline passengers has not been limited
penalty is adjusted annually for inflation, and effective May
to airplanes. The Transportation Security Administration
3, 2021, was set at $36,948 per violation. FAA notes that
(TSA) has documented more than 60 cases of passengers
one incident could result in multiple violations. P.L. 115-
assaulting screeners since the pandemic began in March
254 also expanded the scope of the statute to include sexual
2020. In January 2021, President Biden imposed a federal
assault in addition to physical assault.
mask mandate for domestic and international travel that
https://crsreports.congress.gov

link to page 2
Addressing Unruly Airline Passengers
Furthermore, 49 U.S.C. §46504 authorizes criminal
Figure 2. Digital Signage from FAA’s 2021
penalties, including fines and imprisonment up to 20 years,
Public Education Campaign
for assaulting or intimidating pilots or flight attendants and
thereby interfering with the performance of their official
duties. Stiffer penalties are available when the prohibited
conduct involves use of a dangerous weapon. It is up to the
Department of Justice (DOJ) to prosecute disruptive or
violent passengers. While FAA’s enforcement actions have
increased over the past year, few of these cases have
historically led to criminal prosecutions. The criminal
statute generally applies to all persons aboard all aircraft in
flight in U.S. airspace, U.S.-flag aircraft and certain other
aircraft with business ties to the United States in flight
anywhere in the world, and in flight foreign-registered
aircraft directly inbound to or departing from the United
States. Aircraft are generally considered to be in flight from

the moment all external doors are closed following
Source: Federal Aviation Administration.
boarding until the moment when one such door is opened to
Additionally, 49 U.S.C. §44918 mandates that air carriers
disembark passengers (see 49 U.S.C. §46501).
provide a training program for flight and cabin crew
Regarding incidents at commercial airports in the United
primarily aimed at protecting and defending against
States, 49 U.S.C. §46503 establishes criminal penalties,
terrorist threats. This training must cover recognition of
including fines and imprisonment up to 10 years, for
suspicious activities, crew communication and
assaults against federal, airport, or air carrier employees
coordination, self-defense, and situational training exercises
with security duties, when the assault interferes with these
regarding various threat conditions. The statute also
duties. As with Section 46504, additional penalties are
requires TSA to offer, free of charge, voluntary advanced
available for prohibited conduct involving a dangerous
self-defense training to airline flight and cabin crew
weapon. Depending on circumstances, Section 46503 may
members that includes training in techniques to deter a
encompass incidents directed at airline and airport
passenger who might present a threat; self-defense; and
employees, including airline customer service agents,
methods to subdue an attacker. This training was paused
airport security contractors, and airport law enforcement
due to the pandemic, but resumed in summer 2021.
officers, as well as TSA screeners. In 2018, it was revealed
that TSA maintains a list of passengers who have assaulted
Congressional Interest
screeners or who have otherwise attempted to circumvent
Some Members of Congress have expressed interest in
security screening. The list, referred to as the “95 list,” has
additional legislative measures to hold disruptive
been described by TSA as a situational awareness tool.
passengers more accountable for their actions and to better
According to TSA, being placed on this list does not impact
equip airline employees with tools and training to handle
whether a passenger will undergo enhanced screening or be
unruly passengers. H.R. 5357 would mandate a GAO study
denied boarding. TSA relies on separate lists to identify
of airline procedures, policies, and training for handling
individuals with suspected ties to terrorism who are to be
unruly passengers, including methods to physically restrain
automatically selected for enhanced security screening and
them, and would order FAA to develop best practices to
a smaller “no fly” list of individuals who are to be denied
mitigate the impacts of unruly passenger incidents based on
boarding based on terrorism threat assessments.
the GAO findings.
Informing and Educating Flyers
At a September 23, 2021, House Aviation Subcommittee
hearing, some Members urged action to curb or ban “to go”
In response to growing concerns over unruly passengers,
alcohol sales at airports, which, they argue, enable
FAA launched the “Zero Tolerance for Unruly and
Dangerous Behavior Toolkit”
passengers to sneak alcoholic beverages onboard aircraft in
in 2021, which includes
violation of FAA regulations and contribute to alcohol-
airport signage, Internet-based messaging, and public
fueled air rage. Additionally, some Members of Congress
service announcements aimed at increasing awareness
have urged DOJ to step up criminal prosecutions, arguing
about enforcement actions to deter unruly behavior (see
that civil penalties alone appear to be failing to deter unruly
Figure 2).
behavior. A more sweeping proposal involves creating a
Airline Training
federal government list to ban individuals involved in air
rage incidents from airline flights for a period of time. As
49 U.S.C §44734 requires airline flight attendant training to
most of these cases have resulted in civil rather than
include specific training on serving alcohol to passengers,
criminal penalties and many may be pending adjudication, a
recognizing intoxicated passengers, dealing with disruptive
federally imposed restriction on flying might face legal
passengers, and recognizing and responding to potential
challenges.
human trafficking victims. It also requires situational
training “on the proper method for dealing with intoxicated
Bart Elias, Specialist in Aviation Policy
passengers who act in a belligerent manner.”
IF11949

https://crsreports.congress.gov

Addressing Unruly Airline Passengers

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.

https://crsreports.congress.gov | IF11949 · VERSION 1 · NEW