Ensuring Health Safety in the Skies Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7177 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 JUNE 11, 2020 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 2020’’. 5 SEC. 2. JOINT TASK FORCE ON AIR TRAVEL. 6 (a) IN GENERAL.—Not later than 30 days after the 7 date of enactment of this Act, the Secretary of Transpor- 8 VerDate Sep 11 2014 23:44 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7177.IH H7177 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7177 IH tation, the Secretary of Homeland Security, and the Sec- 1 retary of Health and Human Services shall establish a 2 Joint Task Force on Air Travel During and After the 3 COVID–19 Public Health Emergency (in this section re- 4 ferred to as the ‘‘Joint Task Force’’). 5 (b) DUTIES.— 6 (1) IN GENERAL.—The Joint Task Force shall 7 develop recommended requirements, plans, and 8 guidelines to address the health, safety, security, and 9 logistical issues relating to the continuation of air 10 travel during the COVID–19 Public Health Emer- 11 gency, and with respect to the resumption of full op- 12 erations at airports and increased passenger air 13 travel after the COVID–19 Public Health Emer- 14 gency ends. The Joint Task Force shall develop, at 15 a minimum, recommended requirements, plans, and 16 guidelines, as appropriate, with respect to each of 17 the applicable periods described in paragraph (2) 18 for— 19 (A) reforming airport, air carrier, security, 20 and other passenger air travel-related oper- 21 ations, including passenger queuing, passenger 22 security screening, boarding, deplaning, and 23 baggage handling procedures, as a result of— 24 VerDate Sep 11 2014 23:44 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7177.IH H7177 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7177 IH (i) current and anticipated changes to 1 passenger air travel during the COVID–19 2 Public Health Emergency and after that 3 emergency ends; and 4 (ii) anticipated changes to passenger 5 air travel as a result of the projected sea- 6 sonal recurrence of the coronavirus; 7 (B) mitigating the public health and eco- 8 nomic impacts of the COVID–19 Public Health 9 Emergency and the projected seasonal recur- 10 rence of the coronavirus on airports and pas- 11 senger air travel, including through the use of 12 personal protective equipment for passengers 13 and employees, the implementation of strategies 14 to promote overall passenger and employee safe- 15 ty, and the accommodation of social distancing, 16 as necessary; 17 (C) addressing the privacy and civil liberty 18 concerns created by passenger health 19 screenings, contact-tracing, or any other proc- 20 ess for monitoring the health of individuals en- 21 gaged in health travel; and 22 (D) operating procedures to manage future 23 public health crises affecting air travel. 24 VerDate Sep 11 2014 23:44 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7177.IH H7177 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7177 IH (2) APPLICABLE PERIODS.—For purposes of 1 paragraph (1), the applicable periods are the fol- 2 lowing: 3 (A) The period beginning with the date of 4 the first meeting of the Joint Task Force and 5 ending with the date on which the COVID–19 6 Public Health Emergency ends. 7 (B) The 1-year period beginning on the 8 day after the period described in subparagraph 9 (A) ends. 10 (c) REQUIREMENTS.— 11 (1) IN GENERAL.—In developing the rec- 12 ommended requirements, plans, and guidelines 13 under subsection (b), and prior to including them in 14 the final report required under subsection (f)(2), the 15 Joint Task Force shall— 16 (A) consider the consensus recommenda- 17 tions of the Advisory Committee established 18 under subsection (e); 19 (B) conduct cost-benefit evaluations; 20 (C) consider funding constraints; and 21 (D) use risk-based decision making. 22 (2) INTERNATIONAL CONSULTATION.—The 23 Joint Task Force shall consult, as practicable, with 24 relevant international entities and operators, includ- 25 VerDate Sep 11 2014 23:44 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7177.IH H7177 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7177 IH ing the International Civil Aviation Organization, to- 1 wards the goal of maximizing the harmonization of 2 recommended requirements, plans, and guidelines 3 for air travel during and after the COVID–19 Public 4 Health Emergency. 5 (d) MEMBERSHIP.— 6 (1) CHAIR.—The Secretary of Transportation 7 (or the Secretary’s designee) shall serve as the Chair 8 of the Joint Task Force. 9 (2) VICE CHAIR.—The Secretary of Health and 10 Human Services (or the Secretary’s designee) shall 11 serve as Vice Chair of the Joint Task Force. 12 (3) OTHER MEMBERS.—In addition to the 13 Chair and Vice Chair, the members of the Joint 14 Task Force shall include representatives of the fol- 15 lowing: 16 (A) The Department of Transportation. 17 (B) The Department of Homeland Secu- 18 rity. 19 (C) The Department of Health and 20 Human Services. 21 (D) The Federal Aviation Administration. 22 (E) The Transportation Security Adminis- 23 tration. 24 VerDate Sep 11 2014 23:44 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7177.IH H7177 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 7177 IH (F) United States Customs and Border 1 Protection. 2 (G) The Centers for Disease Control and 3 Prevention. 4 (H) The Occupational Safety and Health 5 Administration. 6 (I) The National Institute for Occupational 7 Safety and Health. 8 (J) The Pipeline and Hazardous Materials 9 Safety Administration. 10 (K) The Department of State. 11 (L) The Environmental Protection Agency. 12 (e) ADVISORY COMMITTEE.— 13 (1) ESTABLISHMENT.—Not later than 15 days 14 after the date on which the Joint Task Force is es- 15 tablished under subsection (a), the Secretary of 16 Transportation, in consultation with the Secretary of 17 Homeland Security and the Secretary of Health and 18 Human Services, shall establish a Joint Federal Ad- 19 visory Committee to advise the Joint Task Force (in 20 this section referred to as the ‘‘Advisory Com- 21 mittee’’). 22 (2) MEMBERSHIP.—The members of the Advi- 23 sory Committee shall include representatives of the 24 following: 25 VerDate Sep 11 2014 23:44 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7177.IH H7177 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 7177 IH (A) Airport operators designated by the 1 Secretary of Transportation in consultation 2 with the Secretary of Homeland Security. 3 (B) Air carriers designated by the Sec- 4 retary of Transportation in consultation with 5 the Secretary of Homeland Security. 6 (C) Aircraft and aviation manufacturers 7 designated by the Secretary of Transportation. 8 (D) Labor organizations representing avia- 9 tion industry workers, including pilots, flight at- 10 tendants, maintenance, mechanics, air traffic 11 controllers, and safety inspectors, designated by 12 the Secretary of Transportation. 13 (E) Public health experts designated by 14 the Secretary of Health and Human Services. 15 (F) Consumers and air passenger rights 16 organizations designated by the Secretary of 17 Transportation in consultation with Secretary 18 of Homeland Security. 19 (G) Privacy and civil liberty organizations 20 designated by the Secretary of Homeland Secu- 21 rity. 22 (H) Manufacturers and integrators of air 23 passenger screening and identity verification 24 VerDate Sep 11 2014 23:44 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7177.IH H7177 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 7177 IH technologies designated by the Secretary of 1 Homeland Security. 2 (I) Trade associations representing air car- 3 riers, including, major air carriers, low cost car- 4 riers, regional air carriers, cargo air carriers, 5 and foreign air carriers, designated by the Sec- 6 retary of Transportation in consultation with 7 the Secretary of Homeland Security. 8 (J) Trade associations representing airport 9 operators designated by the Secretary of Trans- 10 portation in consultation with the Secretary of 11 Homeland Security. 12 (3) VACANCIES.—Any vacancy in the member- 13 ship of the Advisory Committee shall not affect its 14 responsibilities, but shall be filled in the same man- 15 ner as the original appointment and in accordance 16 with the Federal Advisory Committee Act (5 U.S.C. 17 App.). 18 (4) DUTIES.— 19 (A) IN GENERAL.—The Advisory Com- 20 mittee shall develop and submit policy rec- 21 ommendations to the Joint Task Force regard- 22 ing the recommended requirements, plans, and 23 guidelines to be developed by the Joint Task 24 Force under subsection (b). 25 VerDate Sep 11 2014 23:44 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7177.IH H7177 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 7177 IH (B) PUBLICATION.—Not later than 14 1 days after the date on which the Advisory Com- 2 mittee submits policy recommendations to the 3 Joint Task Force in accordance with subpara- 4 graph (A), the Secretary of Transportation 5 shall publish the policy recommendations on a 6 publicly accessible website. 7 (5) PROHIBITION ON COMPENSATION.—The 8 members of the Advisory Committee shall not re- 9 ceive any compensation from the Federal Govern- 10 ment by reason of their service on the Advisory 11 Committee. 12 (f) BRIEFINGS AND REPORTS.— 13 (1) PRELIMINARY BRIEFINGS.—As soon as 14 practicable, but not later than 6 months after the 15 establishment of the Joint Task Force, the Joint 16 Task Force shall begin providing preliminary brief- 17 ings for Congress on the status of the development 18 of the recommended requirements, plans, and guide- 19 lines under subsection (b). The preliminary briefings 20 shall include interim versions, if any, of the Joint 21 Task Force’s recommendations. 22 (2) FINAL REPORT.— 23 (A) DEADLINE.—As soon as practicable, 24 but not later than 18 months after the date of 25 VerDate Sep 11 2014 23:44 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7177.IH H7177 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 7177 IH enactment of this Act, the Joint Task Force 1 shall submit to Congress a final report. 2 (B) CONTENT.—The final report under 3 subparagraph (A) shall include the following: 4 (i) All of the recommended require- 5 ments, plans, and guidelines developed by 6 the Joint Task Force. 7 (ii) A description of any actions taken 8 by the Federal Government as a result of 9 such recommendations. 10 (g) TERMINATION.—The Joint Task Force and Advi- 11 sory Committee shall terminate 30 days after the date on 12 which the Joint Task Force submits the final report re- 13 quired under subsection (f)(2). 14 (h) DEFINITION.—In this section, the term 15 ‘‘COVID–19 Public Health Emergency’’ means the public 16 health emergency first declared on January 31, 2020, by 17 the Secretary of Health and Human Services under sec- 18 tion 319 of the Public Health Service Act (42 U.S.C. 19 247d) with respect to COVID–19 and includes any re- 20 newal of such declaration pursuant to such section 319. 21 Æ VerDate Sep 11 2014 23:44 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H7177.IH H7177 pamtmann on DSKBC07HB2PROD with BILLS