I 117TH CONGRESS 1ST SESSION H. R. 1463 To require a joint task force on air travel during and after the COVID– 19 Public Health Emergency, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 1, 2021 Mr. LYNCH introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Homeland Security, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee con- cerned A BILL To require a joint task force on air travel during and after the COVID–19 Public Health Emergency, 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 ‘‘Ensuring Health Safe- 4 ty in the Skies Act of 2021’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 VerDate Sep 11 2014 03:30 Apr 15, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1463.IH H1463 SSpencer on DSK126QN23PROD with BILLS 2 •HR 1463 IH (1) ADVISORY COMMITTEE.—The term ‘‘Advi- 1 sory Committee’’ means the Joint Federal Advisory 2 Committee established under section 4. 3 (2) AIR TRAVEL.—The term ‘‘air travel’’ in- 4 cludes international air travel. 5 (3) COVID–19 PUBLIC HEALTH EMERGENCY.— 6 The term ‘‘COVID–19 public health emergency’’ 7 means the public health emergency first declared on 8 January 31, 2020, by the Secretary of Health and 9 Human Services under section 319 of the Public 10 Health Service Act (42 U.S.C. 247d) with respect to 11 COVID–19 and includes any renewal of such dec- 12 laration pursuant to such section 319. 13 (4) JOINT TASK FORCE.—The term ‘‘Joint 14 Task Force’’ means the Joint Task Force on Air 15 Travel During and After the COVID–19 Public 16 Health Emergency established under section 3(a). 17 SEC. 3. JOINT TASK FORCE ON AIR TRAVEL DURING AND 18 AFTER THE COVID–19 PUBLIC HEALTH EMER- 19 GENCY. 20 (a) IN GENERAL.—Not later than 30 days after the 21 date of enactment of this Act, the Secretary of Transpor- 22 tation, the Secretary of Homeland Security, and the Sec- 23 retary of Health and Human Services shall establish the 24 VerDate Sep 11 2014 03:30 Apr 15, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1463.IH H1463 SSpencer on DSK126QN23PROD with BILLS 3 •HR 1463 IH Joint Task Force on Air Travel During and After the 1 COVID–19 Public Health Emergency. 2 (b) DUTIES.— 3 (1) IN GENERAL.—The Joint Task Force shall 4 develop recommended requirements, plans, and 5 guidelines to address the health, safety, security, and 6 logistical issues relating to— 7 (A) the continuation of air travel during 8 the COVID–19 public health emergency; and 9 (B) the resumption of full operations at 10 airports and increased passenger air travel after 11 the COVID–19 public health emergency. 12 (2) RECOMMENDATIONS.—The recommenda- 13 tions developed under paragraph (1), with respect to 14 the applicable periods described in paragraph (3), 15 shall include— 16 (A) modifying airport, air carrier, security 17 (including passenger security screening), and 18 other operations related to passenger air travel, 19 including passenger queuing, boarding, 20 deplaning, and baggage handling procedures, as 21 a result of— 22 (i) current and anticipated changes to 23 passenger air travel during and after the 24 COVID–19 public health emergency; and 25 VerDate Sep 11 2014 03:30 Apr 15, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1463.IH H1463 SSpencer on DSK126QN23PROD with BILLS 4 •HR 1463 IH (ii) anticipated changes to passenger 1 air travel resulting from any seasonal re- 2 currence of the coronavirus; 3 (B) mitigating the public health and eco- 4 nomic impacts of the COVID–19 public health 5 emergency and any seasonal recurrence of the 6 coronavirus on airports and passenger air travel 7 (including through the use of personal protec- 8 tive equipment, the implementation of strategies 9 to promote overall passenger and employee safe- 10 ty, and the accommodation of social distancing 11 as feasible and necessary); 12 (C) addressing privacy and civil liberty 13 issues that may arise from passenger health 14 screenings, contact-tracing, or other processes 15 used to monitor the health of individuals en- 16 gaged in air travel; and 17 (D) operating procedures to manage future 18 public health crises that can be anticipated, to 19 the extent such public health crises may impact 20 air travel. 21 (3) APPLICABLE PERIODS.—For purposes of 22 paragraph (2), the applicable periods described in 23 this paragraph are the following periods: 24 VerDate Sep 11 2014 03:30 Apr 15, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1463.IH H1463 SSpencer on DSK126QN23PROD with BILLS 5 •HR 1463 IH (A) The period beginning on the date of 1 the first meeting of the Joint Task Force and 2 ending on the last day of the COVID–19 public 3 health emergency. 4 (B) The 1-year period beginning on the 5 day after the end of the period described in 6 subparagraph (A). 7 (c) ACTIVITIES OF THE JOINT TASK FORCE.— 8 (1) IN GENERAL.—In developing the rec- 9 ommended requirements, plans, and guidelines 10 under subsection (b), and prior to including such 11 recommendations in the final report required under 12 section 5(b), the Joint Task Force shall— 13 (A) conduct cost-benefit evaluations re- 14 garding such recommendations, including costs 15 impacting air operations and impacts on air 16 travel; 17 (B) consider funding constraints; 18 (C) use risk-based decision making; and 19 (D) consult with the Advisory Committee 20 established in section 4(a) and consider any 21 consensus policy recommendations of the Advi- 22 sory Committee submitted under section 4(b). 23 (2) INTERNATIONAL CONSULTATION.—The 24 Joint Task Force shall consult, as practicable, with 25 VerDate Sep 11 2014 03:30 Apr 15, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1463.IH H1463 SSpencer on DSK126QN23PROD with BILLS 6 •HR 1463 IH relevant international entities and operators, includ- 1 ing the International Civil Aviation Organization, to 2 harmonize (to the extent possible) recommended re- 3 quirements, plans, and guidelines for air travel dur- 4 ing and after the COVID–19 public health emer- 5 gency. 6 (d) MEMBERSHIP.— 7 (1) CHAIR.—The Secretary of Transportation 8 (or the Secretary’s designee) shall serve as Chair of 9 the Joint Task Force. 10 (2) VICE-CHAIR.—The Secretary of Health and 11 Human Services (or the Secretary’s designee) shall 12 serve as Vice-Chair of the Joint Task Force. 13 (3) OTHER MEMBERS.—In addition to the 14 Chair and Vice-Chair, the members of the Joint 15 Task Force shall include representatives of the fol- 16 lowing: 17 (A) The Department of Transportation. 18 (B) The Department of Homeland Secu- 19 rity. 20 (C) The Department of Health and 21 Human Services. 22 (D) The Federal Aviation Administration. 23 (E) The Transportation Security Adminis- 24 tration. 25 VerDate Sep 11 2014 03:30 Apr 15, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1463.IH H1463 SSpencer on DSK126QN23PROD with BILLS 7 •HR 1463 IH (F) U.S. Customs and Border Protection. 1 (G) The Centers for Disease Control and 2 Prevention. 3 (H) The Occupational Safety and Health 4 Administration. 5 (I) The National Institute for Occupational 6 Safety and Health. 7 (J) The Pipeline and Hazardous Materials 8 Safety Administration. 9 (K) The Department of State. 10 (L) The Environmental Protection Agency. 11 SEC. 4. JOINT FEDERAL ADVISORY COMMITTEE. 12 (a) ESTABLISHMENT.—Not later than 15 days after 13 the date on which the Joint Task Force is established 14 under section 3(a), the Secretary of Transportation, in 15 consultation with the Secretary of Homeland Security and 16 the Secretary of Health and Human Services, shall estab- 17 lish a Joint Federal Advisory Committee to advise the 18 Joint Task Force. 19 (b) DUTIES OF THE ADVISORY COMMITTEE.—The 20 Advisory Committee shall develop and submit consensus 21 policy recommendations to the Joint Task Force for the 22 Joint Task Force to consider when developing rec- 23 ommendations under section 3(b). 24 VerDate Sep 11 2014 03:30 Apr 15, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1463.IH H1463 SSpencer on DSK126QN23PROD with BILLS 8 •HR 1463 IH (c) MEMBERSHIP.—The members of the Advisory 1 Committee shall include representatives of the following: 2 (1) Airport operators designated by the Sec- 3 retary of Transportation in consultation with the 4 Secretary of Homeland Security. 5 (2) Air carriers designated by the Secretary of 6 Transportation. 7 (3) Aircraft and aviation manufacturers des- 8 ignated by the Secretary of Transportation. 9 (4) Labor organizations representing— 10 (A) aviation industry workers (including 11 pilots, flight attendants, engineers, mainte- 12 nance, mechanics, air traffic controllers, safety 13 inspectors, and workers performing airport 14 services such as security, terminal and cabin 15 cleaning, passenger assistance, and aircraft 16 loading) designated by the Secretary of Trans- 17 portation; and 18 (B) security screening personnel des- 19 ignated by the Secretary of Homeland Security. 20 (5) Public health experts designated by the Sec- 21 retary of Health and Human Services. 22 (6) Organizations representing airline pas- 23 sengers designated by the Secretary of Transpor- 24 tation. 25 VerDate Sep 11 2014 03:30 Apr 15, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1463.IH H1463 SSpencer on DSK126QN23PROD with BILLS 9 •HR 1463 IH (7) Privacy and civil liberty organizations des- 1 ignated by the Secretary of Homeland Security. 2 (8) Manufacturers and integrators of passenger 3 screening and identity verification technologies des- 4 ignated by the Secretary of Homeland Security. 5 (9) Trade associations representing air carriers 6 (including major passenger air carriers, low-cost 7 passenger air carriers, regional passenger air car- 8 riers, cargo air carriers, and foreign passenger air 9 carriers) designated by the Secretary of Transpor- 10 tation in consultation with the Secretary of Home- 11 land Security. 12 (10) Trade associations representing airport op- 13 erators (including large hub, medium hub, small 14 hub, nonhub primary, and nonprimary commercial 15 service airports) designated by the Secretary of 16 Transportation in consultation with the Secretary of 17 Homeland Security. 18 (11) Aviation contractors designated by the 19 Secretary of Transportation. 20 (d) VACANCIES.—Any vacancy in the membership of 21 the Advisory Committee shall not affect its responsibilities 22 but shall be filled in the same manner as the original ap- 23 pointment and in accordance with the Federal Advisory 24 Committee Act (5 U.S.C. App). 25 VerDate Sep 11 2014 03:30 Apr 15, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1463.IH H1463 SSpencer on DSK126QN23PROD with BILLS 10 •HR 1463 IH (e) PROHIBITION ON COMPENSATION.—The members 1 of the Advisory Committee shall not receive any compensa- 2 tion from the Federal Government by reason of their serv- 3 ice on the Advisory Committee. 4 (f) PUBLICATION.—Not later than 14 days after the 5 date on which the Advisory Committee submits policy rec- 6 ommendations to the Joint Task Force pursuant to sub- 7 section (b), the Secretary of Transportation shall publish 8 such policy recommendations on a publicly accessible 9 website. 10 SEC. 5. BRIEFINGS AND REPORTS. 11 (a) PRELIMINARY BRIEFINGS.—As soon as prac- 12 ticable, but not later than 6 months after the date on 13 which the Joint Task Force is established under section 14 3(a), the Joint Task Force shall begin providing prelimi- 15 nary briefings to Congress on the status of the develop- 16 ment of the recommended requirements, plan, and guide- 17 lines under section 3(b). The preliminary briefings shall 18 include interim versions, if any, of the recommendations 19 of the Joint Task Force. 20 (b) FINAL REPORT.— 21 (1) DEADLINE.—As soon as practicable, but 22 not later than 18 months after the date of enact- 23 ment of this Act, the Joint Task Force shall submit 24 a final report to Congress. 25 VerDate Sep 11 2014 03:30 Apr 15, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1463.IH H1463 SSpencer on DSK126QN23PROD with BILLS 11 •HR 1463 IH (2) CONTENT.—The final report shall include 1 the following: 2 (A) All of the recommended requirements, 3 plans, and guidelines developed by the Joint 4 Task Force under section 3(b), and a descrip- 5 tion of any action taken by the Federal Govern- 6 ment as a result of such recommendations. 7 (B) Consensus policy recommendations 8 submitted by the Advisory Committee under 9 section 4(b), and an explanation (including data 10 and risk analysis) of any action by the Joint 11 Task Force in response to such recommenda- 12 tions. 13 SEC. 6. TERMINATION. 14 The Joint Task Force and the Advisory Committee 15 shall terminate 30 days after the date on which the Joint 16 Task Force submits the final report required under sec- 17 tion 5(b). 18 Æ VerDate Sep 11 2014 03:30 Apr 15, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H1463.IH H1463 SSpencer on DSK126QN23PROD with BILLS