[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2387 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2387
To establish a temperature checks pilot program for air transportation,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 8, 2021
Mr. Carbajal (for himself, Mr. Norman, Mr. Larson of Connecticut, and
Mr. Budd) introduced the following bill; which was referred to the
Committee on Homeland Security, and in addition to the Committee on
Transportation and Infrastructure, 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 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fly Safe and Healthy Act of 2021''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(2) Air transportation.--The term ``air transportation''
has the meaning given that term in section 40102 of title 49,
United States Code.
(3) COVID-19 public health emergency.--The term ``COVID-19
public health emergency'' means the public health emergency
first declared on January 31, 2020, by the Secretary of Health
and Human Services under section 319 of the Public Health
Service Act (42 U.S.C. 247d) with respect to the 2019 Novel
Coronavirus (COVID-19) and includes any renewal of such
declaration pursuant to such section 319.
(4) Fever.--The term ``fever'' means 100.4 degrees
Fahrenheit or higher, or the meaning given that term pursuant
to guidelines of the Centers for Disease Control and Prevention
related to COVID-19.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(6) Sterile area.--The term ``sterile area'' has the
meaning given that term in section 1540.5 of title 49, Code of
Federal Regulations (or any successor regulation).
(7) Temperature check.--The term ``temperature check''
means the screening of individuals for a fever.
SEC. 3. TEMPERATURE CHECKS PILOT PROGRAM.
(a) In General.--Not later than 30 days after the enactment of this
Act, the Administrator, in consultation with the Secretary, the
Secretary of Homeland Security, the Secretary of Health and Human
Services, and the Director of the Centers for Disease Control and
Prevention, shall establish a 120-day pilot program to conduct
temperature checks for domestic and international passengers,
individuals accompanying those passengers, crew members, and other
individuals who pass through airports and airport security screening
locations (referred to in this section as the ``pilot program''). The
Administrator shall select airports that represent diverse operating
conditions, such as high-, medium-, and low-passenger throughput, and
locations for the pilot program.
(b) Screening.--The pilot program shall require screening of
passengers, individuals accompanying those passengers, crew members,
and other individuals who pass through airports and airport security
screening locations for fevers. An individual who is found to have a
fever shall be subject to secondary medical screening. An individual
who registers a fever during a temperature check conducted under the
pilot program shall be denied admission to the sterile area of the
airport.
(c) Elements.--In developing the pilot program, the Administrator
shall address--
(1) the types of technology that may be used to conduct
temperature checks;
(2) policies applicable to screening procedures;
(3) procedures for individuals who register a fever, which
shall include secondary screening by a medical professional;
(4) mechanisms for protecting the privacy and medical
information of individuals subjected to temperature checks;
(5) procedures for accommodating individuals with
disabilities or observing certain religious practices, as
appropriate;
(6) procedures for exempting individuals who may have a
fever unrelated to COVID-19;
(7) training on the policies, procedures, and equipment for
employees responsible for implementing the pilot program, to be
completed prior to initiation of such program; and
(8) policies to ensure a final decision regarding access to
the sterile area of an airport are made and carried out by a
supervisor.
(d) Equipment.--The Administrator only may conduct temperature
checks under the program established under this section using a device
lawfully manufactured and distributed, or a device manufactured and
distributed in accordance with guidance issued by the Secretary of
Health and Human Services, to measure the body temperature of a person.
(e) Procurement and Coordination.--
(1) In general.--The Administrator, in coordination with
the Commissioner of U.S. Customs and Border Protection, shall
procure temperature screening equipment and implement best
practices for conducting passenger temperature checks under the
pilot program.
(2) Rule of construction.--Paragraph (1) shall not be
construed as requiring the pilot program to be conducted at
U.S. Customs and Border Protection screening locations.
(f) Partnerships.--
(1) In general.--The Administrator may enter into
partnerships or contracts with private entities, universities
or other academic institutions, national laboratories, public
health authorities, or other entities to develop, evaluate, or
improve technology for purposes of detecting fevers or
conducting secondary medical screening under the pilot program.
(2) Airports.--The Administrator may partner with airports
that have temperature screening programs to develop best
practices, share data, and implement the pilot program, but may
not require airports to share in the costs of the pilot program
except by mutual agreement.
(g) Treatment of Individuals Prohibited in the Sterile Area.--
(1) Passengers.--The pilot program shall require air
carriers to permit a passenger who is prohibited from flying
because they have a fever or as a result of a secondary medical
screening to reschedule or cancel the flight the passenger was
ticketed for at no cost to the passenger.
(2) Employees and contractors.--Any airport or airline
employee or contractor that is prohibited from entering the
sterile area of the airport because they have a fever or as a
result of a secondary medical screening under the pilot program
shall be subject to the leave policies and procedures of such
individual's employer.
(h) Program for Remainder of COVID-19 Public Health Emergency.--Not
later than 90 days after the completion of the pilot program, based on
the results of the pilot program and the most up-to-date and best
available public health information, data, and evidence-based or
evidence-informed scientific information, the Administrator, in
coordination with the Secretary, the Secretary of Homeland Security,
the Secretary of Health and Human Services, and the Director of the
Centers for Disease Control and Prevention, shall issue policy for
deploying a temperature check program at airports and airport security
screening locations through the end of the COVID-19 public health
emergency for domestic and international passengers, individuals
accompanying those passengers, crew members, and other individuals who
pass through airports and airport security screening locations.
(i) Authority.--The Administrator shall issue regulations to
implement the temperature check program under subsection (h), including
with respect to secondary screening requirements.
SEC. 4. INCLUSION OF INFORMATION ABOUT TRAVELING DURING PUBLIC HEALTH
EMERGENCIES IN PASSENGER NOTIFICATION SYSTEM.
(a) In General.--The Secretary shall revise section 175.25 of title
49, Code of Federal Regulations, to require the inclusion in the
passenger notification system during the COVID-19 public health
emergency of--
(1) relevant guidelines relating to safe traveling in air
transportation;
(2) a message discouraging any individual who has a fever
from traveling in air transportation; and
(3) a notification that each passenger and any individual
accompanying a passenger into the sterile area of the airport
will undergo a temperature check if the pilot program
established under section 3 is in effect in that airport.
(b) Timelines.--The Secretary shall--
(1) revise section 175.25 of title 49, Code of Federal
Regulations, in accordance with the requirements of subsection
(a) not later than 30 days after the date of enactment of this
Act; and
(2) provide for the implementation of such revisions not
later than 90 days after such date of enactment.
<all>