[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2888 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2888
To reduce passenger, crewmember, and airport personnel risk of exposure
to COVID-19, decrease the risk of transmission of COVID-19 on board
aircraft and to United States destination communities through air
travel, and protect children and other vulnerable individuals by
preventing further spread of COVID-19 in the United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 29, 2021
Mrs. Feinstein introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To reduce passenger, crewmember, and airport personnel risk of exposure
to COVID-19, decrease the risk of transmission of COVID-19 on board
aircraft and to United States destination communities through air
travel, and protect children and other vulnerable individuals by
preventing further spread of COVID-19 in the United States.
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 ``U.S. Air Travel Public Safety Act''.
SEC. 2. DOMESTIC AIR TRANSPORTATION WITHIN THE UNITED STATES.
(a) Travel Requirement.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), in consultation
with the Federal Aviation Administration, shall develop national
vaccination verification standards and procedures in accordance with
this section. Such standards and procedures shall require that all
covered air carriers require that, before any passenger may board an
aircraft for a covered flight, such passenger shall--
(1) provide the covered air carrier with documentation
demonstrating that the passenger is fully vaccinated (as
defined by the Secretary or any successor guidance) against the
COVID-19 (SARS-CoV-2) novel coronavirus; or
(2) attest under penalty of perjury that the passenger has
adhered to the international travel recommendations and
requirements for individuals who are not fully vaccinated
(issued by the Centers for Disease Control and Prevention)
prior to boarding, including requirements to provide proof of a
negative pre-departure qualifying test result for SARS-CoV-2
or, alternatively, written or electronic documentation of
recovery from COVID-19 after previous SARS-CoV-2 infection, in
accordance with the Centers for Disease Control and
Prevention's testing requirements and applicable guidance.
(b) Regulations.--
(1) In general.--The Secretary shall promulgate interim
final rules to ensure that the standards and procedures
developed under subsection (a) are applied to covered air
carriers beginning on the date that is not later than 30 days
after the date of enactment of this Act.
(2) Exception.--The interim final rules promulgated under
paragraph (1) shall include a list of those categories of
individuals and organizations that are exempt from the
standards and procedures developed under this section. Such
list shall be developed by the Secretary in accordance with the
Centers for Disease Control and Prevention's applicable
guidance.
(c) Definitions.--In this section:
(1) Air carrier.--The term ``air carrier'' has the meaning
given that term in section 40102 of title 49, United States
Code.
(2) Aircraft.--The term ``aircraft'' has the meaning given
that term in section 40102 of title 49, United States Code.
(3) Airport.--The term ``airport'' has the meaning given
that term in section 40102 of title 49, United States Code.
(4) Attest; attestation.--The terms ``attest'' and
``attestation'' with respect to a passenger mean the passenger
having completed the attestation described in this section.
Such attestation may be completed in written or electronic
form. The attestation is a statement, writing, entry, or other
representation under section 1001 of title 18, United States
Code.
(5) Covered air carrier.--The term ``covered air carrier''
means--
(A) any air carrier engaged in passenger-carrying
operations; or
(B) any foreign air carrier authorized to engage in
passenger-carrying operations.
(6) Covered flight.--The term ``covered flight'' means a
flight of a covered carrier that is scheduled to depart from,
and arrive at, an airport located in the United States.
(7) Documentation of recovery.--The term ``documentation of
recovery'' with respect to a passenger means a confirmation
that--
(A) the passenger has presented documentation of a
positive test result and a signed letter on official
letterhead that contains the name, address, and phone
number of a licensed health care provider or public
health official stating that the passenger has been
cleared for travel;
(B) the positive test result occurred within the
last three months (90 days) preceding the passenger's
flight in the United States, or at such other intervals
as specified in guidance issued by the Secretary;
(C) the personal identifiers (including the name
and date of birth) on the positive test result and
signed letter match the personal identifiers on the
passenger's passport or other travel documents;
(D) the test performed was a viral test; and
(E) the test result states ``POSITIVE'', ``SARS-
CoV-2 RNA DETECTED'', ``SARS-CoV-2 ANTIGEN DETECTED'',
or ``COVID-19 DETECTED''.
A test marked ``invalid'' is not acceptable.
(8) Foreign air carrier.--The term ``foreign air carrier''
has the meaning given that term in section 40102 of title 49,
United States Code.
(9) Qualifying test result.--The term ``qualifying test
result'' with respect to a passenger means confirmation that--
(A) the personal identifiers (including the name
and date of birth) on the negative Qualifying Test
result match the personal identifiers on the
passenger's passport or other travel documents;
(B) the specimen was collected within the 3 days
(or a lesser number of days if determined appropriate
by the Secretary) preceding the flight's departure;
(C) the test performed was a viral test; and
(D) the test result states ``NEGATIVE'', ``SARS-
CoV-2 RNA NOT DETECTED'', ``SARS-CoV-2 ANTIGEN NOT
DETECTED'', or ``COVID-19 NOT DETECTED''.
A test marked ``invalid'' is not acceptable.
(10) United states.--The term ``United States'' has the
meaning given that term in section 40102 of title 49, United
States Code.
SEC. 3. RECOMMENDATIONS FOR COVID-19 VACCINE USE.
Not later than 30 days after the date of enactment of this Act, the
Advisory Committee on Immunization Practices of the Centers for Disease
Control and Prevention shall review data on the transmission of COVID-
19 in health care settings and among health care personnel in other
settings, and develop and make recommendations for COVID-19 vaccine use
on the basis of transmission in health care settings and among health
care personnel in other settings.
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