Fly Safe and Healthy Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 8737 To establish a temperature checks pilot program for air transportation, and for other purposes. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 12, 2020 Mr. CARBAJAL (for himself, Mr. NORMAN, Mr. BUDD, and Mr. LARSON of Connecticut) introduced the following bill; which was referred to the Com- mittee on Homeland Security, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 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 2020’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 VerDate Sep 11 2014 23:32 Nov 25, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8737.IH H8737 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8737 IH (1) ADMINISTRATOR.—The term ‘‘Adminis- 1 trator’’ means the Administrator of the Transpor- 2 tation Security Administration. 3 (2) AIR TRANSPORTATION.—The term ‘‘air 4 transportation’’ has the meaning given that term in 5 section 40102 of title 49, United States Code. 6 (3) APPROPRIATE COMMITTEES OF CON- 7 GRESS.—The term ‘‘appropriate committees of Con- 8 gress’’ means the Committee on Commerce, Science, 9 and Transportation of the Senate, the Committee on 10 Homeland Security and Governmental Affairs of the 11 Senate, the Committee on Transportation and Infra- 12 structure of the House of Representatives, and the 13 Committee on Homeland Security of the House of 14 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 23:32 Nov 25, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8737.IH H8737 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8737 IH (5) FEVER.—The term ‘‘fever’’ means 100.4 1 degrees Fahrenheit or higher, or the meaning given 2 that term pursuant to guidelines of the Centers for 3 Disease Control and Prevention related to COVID- 4 19. 5 (6) SECRETARY.—The term ‘‘Secretary’’ means 6 the Secretary of Transportation. 7 (7) STERILE AREA.—The term ‘‘sterile area’’ 8 has the meaning given that term in section 1540.5 9 of title 49, Code of Federal Regulations (or any suc- 10 cessor regulation). 11 (8) TEMPERATURE CHECK.—The term ‘‘tem- 12 perature check’’ means the screening of individuals 13 for a fever. 14 SEC. 3. TEMPERATURE CHECKS PILOT PROGRAM. 15 (a) IN GENERAL.—Not later than 30 days after the 16 enactment of this Act, the Administrator, in consultation 17 with the Secretary, the Secretary of Homeland Security, 18 the Secretary of Health and Human Services, and the Di- 19 rector of the Centers for Disease Control and Prevention, 20 shall establish a 120-day pilot program to conduct tem- 21 perature checks for domestic and international passengers, 22 individuals accompanying those passengers, crew mem- 23 bers, and other individuals who pass through airports and 24 airport security screening locations (referred to in this sec- 25 VerDate Sep 11 2014 23:32 Nov 25, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8737.IH H8737 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8737 IH tion as the ‘‘pilot program’’). The Administrator shall se- 1 lect airports that represent diverse operating conditions, 2 such as high, medium, and low passenger throughput, and 3 locations for the pilot program. 4 (b) SCREENING.—The pilot program shall require 5 screening of passengers, individuals accompanying those 6 passengers, crew members, and other individuals who pass 7 through airports and airport security screening locations 8 for fevers. An individual who is found to have a fever may 9 be subject to secondary medical screening. An individual 10 who registers a fever during a temperature check con- 11 ducted under the pilot program shall be denied admission 12 to the sterile area of the airport. 13 (c) ELEMENTS.—In developing the pilot program, the 14 Administrator shall address— 15 (1) the types of technology that may be used to 16 conduct temperature checks; 17 (2) policies applicable to screening procedures; 18 (3) procedures for individuals who register a 19 fever, which may include secondary screening by a 20 medical professional; 21 (4) mechanisms for protecting the privacy and 22 medical information of individuals subjected to tem- 23 perature checks; 24 VerDate Sep 11 2014 23:32 Nov 25, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8737.IH H8737 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 8737 IH (5) procedures for accommodating individuals 1 with disabilities or observing certain religious prac- 2 tices, as appropriate; 3 (6) procedures for exempting individuals who 4 may have a fever unrelated to COVID–19; and 5 (7) training on the policies, procedures, and 6 equipment for employees responsible for imple- 7 menting the pilot program. 8 (d) EQUIPMENT.—The Administrator only may con- 9 duct temperature checks under the program established 10 under this section using a device lawfully manufactured 11 and distributed, or a device manufactured and distributed 12 in accordance with guidance issued by the Secretary of 13 Health and Human Services, to measure the body tem- 14 perature of a person. 15 (e) PROCUREMENT AND COORDINATION.—The Ad- 16 ministrator, in coordination with the Commissioner of 17 U.S. Customs and Border Protection, shall procure tem- 18 perature screening equipment and implement best prac- 19 tices for conducting passenger temperature checks under 20 the pilot program. 21 (f) PARTNERSHIPS.—The Administrator may enter 22 into partnerships or contracts with private entities, univer- 23 sities or other academic institutions, national laboratories, 24 or public health authorities to develop, evaluate, or im- 25 VerDate Sep 11 2014 23:32 Nov 25, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8737.IH H8737 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 8737 IH prove technology for purposes of detecting fevers or con- 1 ducting secondary medical screening under the pilot pro- 2 gram. 3 (g) TREATMENT OF PASSENGERS PROHIBITED FROM 4 FLYING.—The pilot program shall require air carriers to 5 permit a passenger who is prohibited from flying because 6 they have a fever or as a result of a secondary medical 7 screening to reschedule or cancel the flight the passenger 8 was ticketed for at no cost to the passenger. 9 (h) PROGRAM FOR REMAINDER OF COVID–19 PUB- 10 LIC HEALTH EMERGENCY.—Not later than 90 days after 11 the completion of the pilot program, based on the results 12 of the pilot program and the most up-to-date and best 13 available public health information, data, and evidence- 14 based or evidence-informed scientific information, the Ad- 15 ministrator, in coordination with the Secretary, the Sec- 16 retary of Homeland Security, the Secretary of Health and 17 Human Services, and the Director of the Centers for Dis- 18 ease Control and Prevention, shall issue policy for deploy- 19 ing a temperature check program at airports and airport 20 security screening locations through the end of the 21 COVID–19 public health emergency for domestic and 22 international passengers, individuals accompanying those 23 passengers, crew members, and other individuals who pass 24 through airports and airport security screening locations. 25 VerDate Sep 11 2014 23:32 Nov 25, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8737.IH H8737 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 8737 IH (i) AUTHORITY.—The Administrator may issue regu- 1 lations to implement the temperature check program 2 under subsection (g), including with respect to secondary 3 screening requirements. 4 SEC. 4. INCLUSION OF INFORMATION ABOUT TRAVELING 5 DURING PUBLIC HEALTH EMERGENCIES IN 6 PASSENGER NOTIFICATION SYSTEM. 7 (a) IN GENERAL.—The Secretary shall revise section 8 175.25 of title 49, Code of Federal Regulations, to require 9 the inclusion in the passenger notification system during 10 the COVID–19 public health emergency of— 11 (1) relevant guidelines relating to safe traveling 12 in air transportation; 13 (2) a message discouraging any individual who 14 has a fever from traveling in air transportation; and 15 (3) a notification that each passenger and any 16 individual accompanying a passenger into the sterile 17 area of the airport will undergo a temperature check 18 if the pilot program established under section 3 is in 19 effect in that airport. 20 (b) TIMELINES.—The Secretary shall— 21 (1) revise section 175.25 of title 49, Code of 22 Federal Regulations, in accordance with the require- 23 ments of subsection (a) not later than 30 days after 24 the date of enactment of this Act; and 25 VerDate Sep 11 2014 23:32 Nov 25, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8737.IH H8737 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 8737 IH (2) provide for the implementation of such revi- 1 sions not later than 90 days after such date of en- 2 actment. 3 Æ VerDate Sep 11 2014 23:32 Nov 25, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H8737.IH H8737 pbinns on DSKJLVW7X2PROD with BILLS