Fly Safe and Healthy Act of 2021

II Calendar No. 207 117TH CONGRESS 1ST SESSION S. 316 To establish a temperature checks pilot program for air transportation, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 12, 2021 Ms. CANTWELL (for herself and Mr. SCOTT of Florida) introduced the fol- lowing bill; which was read twice and referred to the Committee on Com- merce, Science, and Transportation DECEMBER 17, 2021 Reported by Ms. CANTWELL, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To establish a temperature checks pilot program for air transportation, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Fly Safe and Healthy 4 Act of 2021’’. 5 VerDate Sep 11 2014 01:27 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S316.RS S316 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 316 RS SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) ADMINISTRATOR.—The term ‘‘Adminis- 3 trator’’ means the Administrator of the Transpor- 4 tation Security Administration. 5 (2) AIR TRANSPORTATION.—The term ‘‘air 6 transportation’’ has the meaning given that term in 7 section 40102 of title 49, United States Code. 8 (3) COVID–19 PUBLIC HEALTH EMERGENCY.— 9 The term ‘‘COVID–19 public health emergency’’ 10 means the public health emergency first declared on 11 January 31, 2020, by the Secretary of Health and 12 Human Services under section 319 of the Public 13 Health Service Act (42 U.S.C. 247d) with respect to 14 the 2019 Novel Coronavirus (COVID–19) and in- 15 cludes any renewal of such declaration pursuant to 16 such section 319. 17 (4) FEVER.—The term ‘‘fever’’ means 100.4 18 degrees Fahrenheit or higher, or the meaning given 19 that term pursuant to guidelines of the Centers for 20 Disease Control and Prevention related to COVID– 21 19. 22 (5) SECRETARY.—The term ‘‘Secretary’’ means 23 the Secretary of Transportation. 24 (6) STERILE AREA.—The term ‘‘sterile area’’ 25 has the meaning given that term in section 1540.5 26 VerDate Sep 11 2014 01:27 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S316.RS S316 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 316 RS of title 49, Code of Federal Regulations (or any suc- 1 cessor regulation). 2 (7) TEMPERATURE CHECK.—The term ‘‘tem- 3 perature check’’ means the screening of individuals 4 for a fever. 5 SEC. 3. TEMPERATURE CHECKS PILOT PROGRAM. 6 (a) IN GENERAL.—Not later than 30 days after the 7 enactment of this Act, the Administrator, in consultation 8 with the Secretary, the Secretary of Homeland Security, 9 the Secretary of Health and Human Services, and the Di- 10 rector of the Centers for Disease Control and Prevention, 11 shall establish a 120-day pilot program to conduct tem- 12 perature checks for domestic and international passengers, 13 individuals accompanying those passengers, crew mem- 14 bers, and other individuals who pass through airports and 15 airport security screening locations (referred to in this sec- 16 tion as the ‘‘pilot program’’). The Administrator shall se- 17 lect airports that represent diverse operating conditions, 18 such as high, medium, and low passenger throughput, and 19 locations for the pilot program. 20 (b) SCREENING.—The pilot program shall require 21 screening of passengers, individuals accompanying those 22 passengers, crew members, and other individuals who pass 23 through airports and airport security screening locations 24 for fevers. An individual who is found to have a fever shall 25 VerDate Sep 11 2014 01:27 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S316.RS S316 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 316 RS be subject to secondary medical screening. An individual 1 who registers a fever during a temperature check con- 2 ducted under the pilot program shall be denied admission 3 to the sterile area of the airport. 4 (c) ELEMENTS.—In developing the pilot program, the 5 Administrator shall address— 6 (1) the types of technology that may be used to 7 conduct temperature checks; 8 (2) policies applicable to screening procedures; 9 (3) procedures for individuals who register a 10 fever, which shall include secondary screening by a 11 medical professional; 12 (4) mechanisms for protecting the privacy and 13 medical information of individuals subjected to tem- 14 perature checks; 15 (5) procedures for accommodating individuals 16 with disabilities or observing certain religious prac- 17 tices, as appropriate; 18 (6) procedures for exempting individuals who 19 may have a fever unrelated to COVID–19; 20 (7) training on the policies, procedures, and 21 equipment for employees responsible for imple- 22 menting the pilot program, to be completed prior to 23 initiation of such program; and 24 VerDate Sep 11 2014 01:27 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S316.RS S316 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 316 RS (8) policies to ensure a final decision regarding 1 access to the sterile area of an airport are made and 2 carried out by a supervisor. 3 (d) EQUIPMENT.—The Administrator only may con- 4 duct temperature checks under the program established 5 under this section using a device lawfully manufactured 6 and distributed, or a device manufactured and distributed 7 in accordance with guidance issued by the Secretary of 8 Health and Human Services, to measure the body tem- 9 perature of a person. 10 (e) PROCUREMENT AND COORDINATION.— 11 (1) IN GENERAL.—The Administrator, in co- 12 ordination with the Commissioner of U.S. Customs 13 and Border Protection, shall procure temperature 14 screening equipment and implement best practices 15 for conducting passenger temperature checks under 16 the pilot program. 17 (2) RULE OF CONSTRUCTION.—Paragraph (1) 18 shall not be construed as requiring the pilot program 19 to be conducted at U.S. Customs and Border Pro- 20 tection screening locations. 21 (f) PARTNERSHIPS.— 22 (1) IN GENERAL.—The Administrator may 23 enter into partnerships or contracts with private en- 24 tities, universities or other academic institutions, na- 25 VerDate Sep 11 2014 01:27 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S316.RS S316 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 316 RS tional laboratories, public health authorities, or other 1 entities to develop, evaluate, or improve technology 2 for purposes of detecting fevers or conducting sec- 3 ondary medical screening under the pilot program. 4 (2) AIRPORTS.—The Administrator may part- 5 ner with airports that have temperature screening 6 programs to develop best practices, share data, and 7 implement the pilot program, but may not require 8 airports to share in the costs of the pilot program 9 except by mutual agreement. 10 (g) TREATMENT OF INDIVIDUALS PROHIBITED IN 11 THE STERILE AREA.— 12 (1) PASSENGERS.—The pilot program shall re- 13 quire air carriers to permit a passenger who is pro- 14 hibited from flying because they have a fever or as 15 a result of a secondary medical screening to resched- 16 ule or cancel the flight the passenger was ticketed 17 for at no cost to the passenger. 18 (2) EMPLOYEES AND CONTRACTORS.—Any air- 19 port or airline employee or contractor that is prohib- 20 ited from entering the sterile area of the airport be- 21 cause they have a fever or as a result of a secondary 22 medical screening under the pilot program shall be 23 subject to the leave policies and procedures of such 24 individual’s employer. 25 VerDate Sep 11 2014 01:27 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S316.RS S316 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 316 RS (h) PROGRAM FOR REMAINDER OF COVID–19 PUB- 1 LIC HEALTH EMERGENCY.—Not later than 90 days after 2 the completion of the pilot program, based on the results 3 of the pilot program and the most up-to-date and best 4 available public health information, data, and evidence- 5 based or evidence-informed scientific information, the Ad- 6 ministrator, in coordination with the Secretary, the Sec- 7 retary of Homeland Security, the Secretary of Health and 8 Human Services, and the Director of the Centers for Dis- 9 ease Control and Prevention, shall issue policy for deploy- 10 ing a temperature check program at airports and airport 11 security screening locations through the end of the 12 COVID–19 public health emergency for domestic and 13 international passengers, individuals accompanying those 14 passengers, crew members, and other individuals who pass 15 through airports and airport security screening locations. 16 (i) AUTHORITY.—The Administrator shall issue regu- 17 lations to implement the temperature check program 18 under subsection (h), including with respect to secondary 19 screening requirements. 20 SEC. 4. INCLUSION OF INFORMATION ABOUT TRAVELING 21 DURING PUBLIC HEALTH EMERGENCIES IN 22 PASSENGER NOTIFICATION SYSTEM. 23 (a) IN GENERAL.—The Secretary shall revise section 24 175.25 of title 49, Code of Federal Regulations, to require 25 VerDate Sep 11 2014 01:27 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S316.RS S316 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 316 RS the inclusion in the passenger notification system during 1 the COVID–19 public health emergency of— 2 (1) relevant guidelines relating to safe traveling 3 in air transportation; 4 (2) a message discouraging any individual who 5 has a fever from traveling in air transportation; and 6 (3) a notification that each passenger and any 7 individual accompanying a passenger into the sterile 8 area of the airport will undergo a temperature check 9 if the pilot program established under section 3 is in 10 effect in that airport. 11 (b) TIMELINES.—The Secretary shall— 12 (1) revise section 175.25 of title 49, Code of 13 Federal Regulations, in accordance with the require- 14 ments of subsection (a) not later than 30 days after 15 the date of enactment of this Act; and 16 (2) provide for the implementation of such revi- 17 sions not later than 90 days after such date of en- 18 actment. 19 SECTION 1. SHORT TITLE. 20 This Act may be cited as the ‘‘Fly Safe and Healthy 21 Act of 2021’’. 22 SEC. 2. TEMPERATURE CHECKS PILOT PROGRAM. 23 (a) DEFINITIONS.—In this section: 24 VerDate Sep 11 2014 01:27 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S316.RS S316 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 316 RS (1) ADMINISTRATOR.—The term ‘‘Adminis- 1 trator’’ means the Administrator of the Transpor- 2 tation Security Administration. 3 (2) AIR TRANSPORTATION.—The term ‘‘air trans- 4 portation’’ has the meaning given that term in section 5 40102 of title 49, United States Code. 6 (3) APPROPRIATE COMMITTEES OF CONGRESS.— 7 The term ‘‘appropriate committees of Congress’’ 8 means— 9 (A) the Committee on Commerce, Science, 10 and Transportation and the Committee on 11 Homeland Security and Governmental Affairs of 12 the Senate; and 13 (B) the Committee on Homeland Security of 14 the House of Representatives. 15 (4) COVID–19 PUBLIC HEALTH EMERGENCY.— 16 The term ‘‘COVID–19 public health emergency’’ 17 means the public health emergency first declared on 18 January 31, 2020, by the Secretary of Health and 19 Human Services under section 319 of the Public 20 Health Service Act (42 U.S.C. 247d) with respect to 21 the 2019 Novel Coronavirus (COVID–19) and in- 22 cludes any renewal of such declaration pursuant to 23 such section 319. 24 VerDate Sep 11 2014 01:27 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S316.RS S316 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 316 RS (5) FEVER.—The term ‘‘fever’’ means 100.4 de- 1 grees Fahrenheit or higher. 2 (6) SECRETARY.—The term ‘‘Secretary’’ means 3 the Secretary of Homeland Security. 4 (7) STERILE AREA.—The term ‘‘sterile area’’ has 5 the meaning given that term in section 1540.5 of title 6 49, Code of Federal Regulations (or any successor reg- 7 ulation). 8 (8) TEMPERATURE CHECK.—The term ‘‘tempera- 9 ture check’’ means the screening of individuals for a 10 fever. 11 (b) ESTABLISHMENT OF PILOT PROGRAM.— 12 (1) IN GENERAL.—Not later than 90 days after 13 date of the enactment of this Act, the Administrator, 14 in coordination with the Secretary of Transportation, 15 the Secretary of Health and Human Services, and the 16 Director of the Centers for Disease Control and Pre- 17 vention, shall, subject to the availability of appropria- 18 tions, establish a 180-day pilot program (referred to 19 in this section as the ‘‘pilot program’’) to conduct 20 temperature checks for domestic and international 21 passengers, individuals accompanying those pas- 22 sengers, crew members, and other individuals who 23 pass through airport security screening locations at 24 VerDate Sep 11 2014 01:27 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S316.RS S316 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 316 RS which screening is conducted by the Transportation 1 Security Administration. 2 (2) SELECTION OF SCREENING LOCATIONS.—The 3 Administrator, in the discretion of the Administrator, 4 shall select airport security screening locations de- 5 scribed in paragraph (1) that represent diverse oper- 6 ating conditions, such as high, medium, and low pas- 7 senger throughput, and airport locations for the pilot 8 program. 9 (c) SCREENING.—The pilot program shall require tem- 10 perature checks of individuals, including passengers, indi- 11 viduals accompanying those passengers, crew members, and 12 other individuals who pass through airport security screen- 13 ing locations selected for the pilot program under subsection 14 (b), for fevers when such individuals first present themselves 15 for screening at such a screening location. An individual 16 who registers a fever shall be subject to secondary medical 17 screening by medical professionals. An individual who reg- 18 isters a fever during a temperature check conducted under 19 the pilot program shall be denied admission to the sterile 20 area of the airport, subject to the terms of and any applica- 21 ble exemptions under the pilot program. 22 (d) ELEMENTS.—In developing the pilot program, the 23 Administrator shall, in the discretion of the Administrator, 24 address the following elements: 25 VerDate Sep 11 2014 01:27 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S316.RS S316 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 316 RS (1) The types and costs of technology that may 1 be used to conduct temperature checks. 2 (2) Policies applicable to screening procedures, 3 including a cost-benefit analysis, which may include 4 consideration of whether procedur [Text truncated for display. Full text available on Congress.gov.]