Reducing and Managing Disruptive and Unruly Behavior in Airports: A Guide (2025)
Chapter: Appendix E: Relevant Sections from H.R.3935, FAA Reauthorization Act of 2024
APPENDIX E
Relevant Sections from H.R.3935, FAA Reauthorization Act of 2024
The following paragraphs present summaries and excerpts from the FAA Reauthorization Act of 2024 (H.R.3935, https://www.congress.gov/bill/118th-congress/house-bill/3935/text) and updated Title 49 sections that relate to unruly behavior in the aviation system. Most of the legislature is focused on unruly incidents occurring in flight or on board an aircraft and protections for the flight crew; 49 USC 46503 addresses interference with security screening personnel at airports.
Crewmember Training
Section 427 of the FAA Reauthorization Act of 2024 significantly amends 49 USC § 44918 by substantially updating crewmember training requirements and procedures. The amendment expands the scope of basic security training to include preparation for unruly passenger behavior alongside potential threat conditions. It enhances the program elements by refining the focus on recognizing and assessing the seriousness of suspicious activities and introduces new requirements for de-escalation training based on recommendations from the Air Carrier Training Aviation Rulemaking Committee.
49 USC § 44918: Crew training (with updates)
- Basic Security Training.-
- In general.-Each air carrier providing scheduled passenger air transportation shall carry out a training program for flight and cabin crew members to prepare the crew members for potential threat conditions and unruly passenger behavior.
- Program elements.-An air carrier training program under this subsection shall include, at a minimum, elements that address each of the following:
- Recognize suspicious behavior and activities and determine the seriousness of any occurrence of such behavior and activities.
- Crew communication and coordination.
- The proper commands to give passengers and attackers.
- Appropriate responses to defend oneself.
- Use of protective devices assigned to crew members [. . .].
- Psychology of terrorists to cope with hijacker behavior and passenger responses.
- Situational training exercises regarding various threat conditions.
- De-escalation training based on recommendations issued by the Air Carrier Training Aviation Rulemaking Committee.
- Methods to subdue and restrain an active attacker.
- The proper conduct of a cabin search, including explosive device recognition.
- Any other subject matter considered appropriate by the Administrator of the Transportation Security Administration.
Interference with Crew Members
Section 432 of the act focuses on deterring crewmember interference and amends 49 USC § 46504. It requires the FAA Administrator to convene a task force within 120 days to develop voluntary standards and best practices for addressing violations of federal laws related to assaulting or interfering with crew members. The task force will include representatives from various stakeholders in the aviation industry, including air carriers, airport sponsors and law enforcement agencies, relevant federal agencies, and labor organizations representing pilots, flight attendants, and customer service representatives.
The task force’s objectives are to develop voluntary standards and best practices, including:
- proper and consistent incident documentation and reporting techniques;
- best practices for flight crew and cabin crew response, including de-escalation;
- improved coordination between stakeholders, including flight crew and cabin crew, airport staff, other Federal agencies as appropriate, and law enforcement; and
- appropriate enforcement actions.
Additionally, the act mandates that within 90 days, preflight announcements must inform passengers about the legal consequences of misconduct, potentially deterring such behavior before it occurs. Preflight passenger briefings must now include a statement informing passengers about federal laws that prohibit assaulting or threatening to assault any individual on an aircraft and interfering with the duties of a crewmember.
- ANNOUNCEMENTS.—Not later than 90 days after the date of enactment of this Act, the Administrator shall initiate such actions as may be necessary to include in the briefing of passengers before takeoff required under section 121.571 of title 14, Code of Federal Regulations, a statement informing passengers that it is against Federal law to assault or threaten to assault any individual on an aircraft or interfere with the duties of a crewmember.
Employee Assault Prevention and Response Plans
Section 434 of the act addresses employee assault prevention and response plans for air carriers, and expresses Congress’s expectation that all 14 CFR Part 121 air carriers should develop and submit such plans to the FAA Administrator. These plans are intended to establish protocols, standards, and training to equip employees with the necessary skills to effectively respond to hostile situations and disruptive behavior, thereby maintaining a safe traveling experience for passengers.
- each such air carrier should have in place and deploy an Employee Assault Prevention and Response Plan to facilitate appropriate protocols, standards, and training to equip employees with best practices and the experience necessary to respond effectively to hostile situations and disruptive behavior and maintain a safe traveling experience
Air Carrier Policies on Sexual Assault and Harassment
Section 435 of the act introduces comprehensive requirements for passenger air carriers to address sexual assault and harassment incidents. The act mandates that Part 121 air carriers must establish, in consultation with labor unions representing their personnel, formal policies on sexual assault and harassment incidents. The policies must include a clear zero-tolerance stance on sexual assault and harassment and comprehensive reporting mechanisms with both public and confidential options.
Additionally, the policies must outline specific protocols for air carrier personnel to follow when incidents occur, emphasizing victim protection and appropriate law enforcement involvement,
while also requiring mandatory training for all relevant personnel. The air carriers’ policies must include procedures for restricting or prohibiting future travel by any passenger who commits a sexual assault or harassment.
- CONTENTS.—Each policy required under subsection (a) shall include—
- a statement indicating that no sexual assault or harassment incident is acceptable under any circumstance;
- procedures that facilitate the reporting of a sexual assault or harassment incident, including—
- appropriate public outreach activities; and
- confidential phone and internet-based opportunities for reporting;
- procedures that personnel should follow upon the reporting of a sexual assault or harassment incident, including actions to protect affected individuals from continued sexual assault or harassment and to notify law enforcement, including the Federal Bureau of Investigation, when appropriate;
- procedures that may limit or prohibit, to the extent practicable, future travel with the air carrier by any passenger who commits a sexual assault or harassment incident; and
- training that is required for all appropriate personnel with respect to each such policy, including specific training for personnel who may receive reports of sexual assault or harassment incidents.
- PASSENGER INFORMATION.—An air carrier described in subsection (a) shall display, on the website of the air carrier and through the use of appropriate signage, a written statement that informs passengers and personnel of the procedure for reporting a sexual assault or harassment incident.
[ . . . ]
- DEFINITIONS.—In this section:
- PERSONNEL.—The term “personnel” means an employee or contractor of passenger air carrier operating under part 121 of title 14, Code of Federal Regulations.
- SEXUAL ASSAULT.—The term “sexual assault” means the occurrence of an act that constitutes any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.
- SEXUAL ASSAULT OR HARASSMENT INCIDENT.—The term “sexual assault or harassment incident” means the occurrence, or reasonably suspected occurrence, of an act that—
- constitutes sexual assault or sexual harassment; and
- is committed—
- by a passenger or personnel against another passenger or personnel; and
- within an aircraft or in an area in which passengers are entering or exiting an aircraft.
Interference with Security Screening Personnel
As discussed, Section 436 of the act makes significant changes to 49 USC §46503 by expanding the scope of protected employees to airport and air carrier employees with security duties at the airport. This is the updated language to §46503, as of September 20, 2024:
49 USC § 46503 - Interference with security screening personnel
- “In General.—An individual in an area within a commercial service airport in the United States who, by assaulting a Federal, airport, or air carrier employee who has security duties within the airport, interferes with the performance of the duties of the employee or lessens the ability of the employee to perform those duties, shall be fined under title 18, imprisoned for not more than 10 years, or both. If the individual used a dangerous weapon in committing the assault or interference, the individual may be imprisoned for any term of years or life imprisonment.
- Airport and Air Carrier Employees.—For purposes of this section, an airport or air carrier employee who has security duties within the airport includes an airport or air carrier employee performing ticketing, check-in, baggage claim, or boarding functions.”
