[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 316 Reported in Senate (RS)]
<DOC>
Calendar No. 207
117th CONGRESS
1st Session
S. 316
To establish a temperature checks pilot program for air transportation,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 12, 2021
Ms. Cantwell (for herself and Mr. Scott of Florida) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
December 17, 2021
Reported by Ms. Cantwell, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Fly Safe and Healthy Act of
2021''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Administrator.--The term ``Administrator''
means the Administrator of the Transportation Security
Administration.</DELETED>
<DELETED> (2) Air transportation.--The term ``air
transportation'' has the meaning given that term in section
40102 of title 49, United States Code.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (7) Temperature check.--The term ``temperature
check'' means the screening of individuals for a
fever.</DELETED>
<DELETED>SEC. 3. TEMPERATURE CHECKS PILOT PROGRAM.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Elements.--In developing the pilot program, the
Administrator shall address--</DELETED>
<DELETED> (1) the types of technology that may be used to
conduct temperature checks;</DELETED>
<DELETED> (2) policies applicable to screening
procedures;</DELETED>
<DELETED> (3) procedures for individuals who register a
fever, which shall include secondary screening by a medical
professional;</DELETED>
<DELETED> (4) mechanisms for protecting the privacy and
medical information of individuals subjected to temperature
checks;</DELETED>
<DELETED> (5) procedures for accommodating individuals with
disabilities or observing certain religious practices, as
appropriate;</DELETED>
<DELETED> (6) procedures for exempting individuals who may
have a fever unrelated to COVID-19;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (8) policies to ensure a final decision regarding
access to the sterile area of an airport are made and carried
out by a supervisor.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Procurement and Coordination.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Partnerships.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (g) Treatment of Individuals Prohibited in the Sterile
Area.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (i) Authority.--The Administrator shall issue regulations
to implement the temperature check program under subsection (h),
including with respect to secondary screening requirements.</DELETED>
<DELETED>SEC. 4. INCLUSION OF INFORMATION ABOUT TRAVELING DURING PUBLIC
HEALTH EMERGENCIES IN PASSENGER NOTIFICATION
SYSTEM.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) relevant guidelines relating to safe traveling
in air transportation;</DELETED>
<DELETED> (2) a message discouraging any individual who has
a fever from traveling in air transportation; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Timelines.--The Secretary shall--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) provide for the implementation of such
revisions not later than 90 days after such date of
enactment.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fly Safe and Healthy Act of 2021''.
SEC. 2. TEMPERATURE CHECKS PILOT PROGRAM.
(a) Definitions.--In this section:
(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) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security
and Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House
of Representatives.
(4) 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.
(5) Fever.--The term ``fever'' means 100.4 degrees
Fahrenheit or higher.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(7) 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).
(8) Temperature check.--The term ``temperature check''
means the screening of individuals for a fever.
(b) Establishment of Pilot Program.--
(1) In general.--Not later than 90 days after date of the
enactment of this Act, the Administrator, in coordination with
the Secretary of Transportation, the Secretary of Health and
Human Services, and the Director of the Centers for Disease
Control and Prevention, shall, subject to the availability of
appropriations, establish a 180-day pilot program (referred to
in this section as the ``pilot program'') to conduct
temperature checks for domestic and international passengers,
individuals accompanying those passengers, crew members, and
other individuals who pass through airport security screening
locations at which screening is conducted by the Transportation
Security Administration.
(2) Selection of screening locations.--The Administrator,
in the discretion of the Administrator, shall select airport
security screening locations described in paragraph (1) that
represent diverse operating conditions, such as high, medium,
and low passenger throughput, and airport locations for the
pilot program.
(c) Screening.--The pilot program shall require temperature checks
of individuals, including passengers, individuals accompanying those
passengers, crew members, and other individuals who pass through
airport security screening locations selected for the pilot program
under subsection (b), for fevers when such individuals first present
themselves for screening at such a screening location. An individual
who registers a fever shall be subject to secondary medical screening
by medical professionals. 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, subject to the terms of
and any applicable exemptions under the pilot program.
(d) Elements.--In developing the pilot program, the Administrator
shall, in the discretion of the Administrator, address the following
elements:
(1) The types and costs of technology that may be used to
conduct temperature checks.
(2) Policies applicable to screening procedures, including
a cost-benefit analysis, which may include consideration of
whether procedures can address accommodating individuals with
medically documented disabilities or religious objections.
(3) Procedures for individuals who register a fever, which
shall include secondary medical screening procedures to be
administered by medical professionals, including the use of
available viral testing methods and demonstration of
vaccination.
(4) Mechanisms to protect, to the maximum extent
practicable, the privacy and medical information of individuals
subjected to temperature checks.
(5) Procedures to protect employees and contractors of the
Transportation Security Administration and reduce the risk of
exposure to COVID-19 when conducting temperature checks and
carrying out the pilot program.
(6) Procedures for exempting individuals who have a fever
unrelated to COVID-19, including in relation to secondary
medical screening procedures, as described in paragraph (3).
(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.
(8) Policies to ensure a final decision regarding access by
an individual to the sterile area of an airport is made and
carried out by a designated management official.
(9) Policies to ensure, to the maximum extent practicable,
the continued security, operations, and efficient throughput of
individuals at airport security screening locations and
airports selected for the pilot program under subsection (b).
(10) Consultation and cooperation with airport authorities
at airports selected for the pilot program, including in
relation to mitigating any disruption of airport operations.
(e) Equipment.--The Administrator may conduct temperature checks
under the pilot program only using a device lawfully manufactured and
distributed, in accordance with guidance and recommendations issued by
the Secretary of Health and Human Services, to measure the body
temperature of an individual.
(f) Procurement and Coordination.--The Administrator shall procure
temperature screening equipment and implement best practices for
conducting passenger temperature checks and secondary medical
screenings under the pilot program.
(g) 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 to
conduct 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.
(3) Non-applicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply toa partnership
authorized in this subsection.
(h) Treatment of Individuals Prohibited in the Sterile Area.--
(1) Passengers.--Under the pilot program, a passenger who
is prohibited from flying after registering a fever and
undergoing secondary medical screening under the pilot program
shall be allowed to reschedule, request a voucher, or cancel
the flight reservation at no cost to the passenger. If the
passenger elects to cancel the flight reservation, the air
carrier operating the flight shall refund to the passenger any
previously paid fares, fees, and taxes applicable to the flight
not later than 45 days after the date on which the passenger
cancels the flight reservation.
(2) Employees and contractors.--Any airport or air carrier
employee or contractor, including an employee or contractor of
an airport vendor or airport tenant, who is prohibited from
entering the sterile area of the airport after registering a
fever and undergoing secondary medical screening under the
pilot program shall be subject to the leave policies and
procedures of the employer of the employee or contractor.
(i) Passenger Notification System.--The Administrator shall design,
test, and implement a notification system, to be operated by
Transportation Security Administration, for alerting passengers of
temperature checks under the pilot program that includes--
(1) a notification of relevant public health guidelines
relating to safe traveling in air transportation;
(2) a message discouraging any individual who has a fever
or other symptoms of COVID-19 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, subject to a secondary
medical screening, if the pilot program established under
subsection (b) is in effect in that airport.
(j) Report on the Pilot Program.--Not later than 120 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 Transportation, the Secretary of Health and Human
Services, and the Director of the Centers for Disease Control and
Prevention, shall submit to the appropriate committees of Congress a
report--
(1) setting forth the findings of the pilot program; and
(2) making recommendations for deploying a temperature
check program and secondary medical screenings at airport
security screening locations at which screening is conducted by
the Transportation Security Administration for domestic and
international passengers, individuals accompanying those
passengers, crew members, and other individuals who pass
through such screening locations to respond to public health
emergencies.
Calendar No. 207
117th CONGRESS
1st Session
S. 316
_______________________________________________________________________
A BILL
To establish a temperature checks pilot program for air transportation,
and for other purposes.
_______________________________________________________________________
December 17, 2021
Reported with an amendment