FAA sent 37 of the 'most egregious' unruly passenger cases to the FBI for criminal review

• The FAA has sent 37 cases of unruly airline passenger behavior to the Justice Department for criminal prosecution.
• The agencies said cases where "evidence supports criminal review" are referred to the Federal Bureau of Investigation.

The Federal Aviation Administration has sent 37 of the "most egregious" unruly passenger cases to the Federal Bureau of Investigation for criminal prosecution, the FAA confirmed to Insider on Thursday.

The FAA, which does not have the power to prosecute disruptive airline passengers, and the Department of Justice have "established an information-sharing protocol" to send unruly passenger cases to the FBI for review.

The two agencies are "working closely together to ensure unruly airline passengers face criminal prosecution when warranted," the statement said. "Where the evidence supports criminal review, the FAA refers the cases to the FBI." The 37 names represent the "most egregious" cases, though the FAA did not provide details on the incidents.

The announcement comes after months of frustration from airline employee unions who say the federal government should take stricter action against violent behavior on commercial aircraft. The 37 names sent are just a tiny fraction of the 5,033 incidents that have been reported to the FAA this year.

Only 227 cases have had enforcement action initiated, meaning offenders paid civil penalties and were not charged with a criminal offense, according to the agency. The FAA can impose fines of up to $37,000 for unruly passenger cases.

"Let this serve both as a warning and a deterrent: If you disrupt a flight, you risk not just fines from the FAA but federal criminal prosecution as well," FAA Administrator Steve Dickson said in the statement.

While the FAA has initiated a "zero-tolerance policy" and uses civil penalties as a tool to deter bad behavior on aircraft, worker unions say it is not enough because the offenders will walk free without criminal charges, according to CNN.

"I think we're making good progress, but there's certainly more to be done," Dickson said at a hearing before the US Senate Committee on Commerce, Science, and Transportation on Wednesday. "It really does require the cooperation of all those private-sector stakeholders and including the airports, as well as the various aspects of the federal government."

In early October, President Joe Biden instructed the Justice Department to "deal with the violence on aircraft coming from those people who are taking issues."

On Monday, 20-year-old Brian Hsu was charged with assault of an American Airlines flight attendant on a flight from New York City to Santa, Ana California on October 27. Hsu could face up to 20 years in prison, according to CNN. He will appear in federal court again this month and it is unclear how he intends to plead to the charges.