[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3375 Reported in Senate (RS)]
<DOC>
Calendar No. 229
117th CONGRESS
1st Session
S. 3375
To promote travel and tourism in the United States, to improve the
health safety and security of international flights entering the United
States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 9, 2021
Mr. Wicker (for himself, Ms. Rosen, Ms. Cortez Masto, Ms. Klobuchar,
Mr. King, Mr. Blunt, Mr. Sullivan, Mr. Scott of Florida, Ms. Sinema,
and Mr. Warnock) 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 promote travel and tourism in the United States, to improve the
health safety and security of international flights entering the United
States, 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; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Omnibus
Tourism Act of 2021''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Defined term.
<DELETED>TITLE I--TRAVEL PROMOTION
<DELETED>Sec. 101. Short title.
<DELETED>Sec. 102. Purposes.
<DELETED>Sec. 103. Sense of Congress.
<DELETED>Sec. 104. Assistant Secretary for Travel and Tourism.
<DELETED>Sec. 105. Responsibilities of the Assistant Secretary of
Commerce for Travel and Tourism.
<DELETED>Sec. 106. Travel and tourism strategy.
<DELETED>Sec. 107. United States Travel and Tourism Advisory Board.
<DELETED>TITLE II--TRAVEL SAFETY
<DELETED>Subtitle A--Health Safety
<DELETED>Sec. 201. Study and report on effects of COVID-19 pandemic on
travel and tourism industry in United
States.
<DELETED>Sec. 202. Ensuring Health Safety in the Skies.
<DELETED>Sec. 203. Feasibility study on the use of canine units to
detect COVID-19 at airports.
<DELETED>Subtitle B--One-stop Security
<DELETED>Sec. 211. Short title.
<DELETED>Sec. 212. Definitions.
<DELETED>Sec. 213. Pilot Program for One-Stop Security.
<DELETED>SEC. 2. DEFINED TERM.</DELETED>
<DELETED> In this Act, the term ``COVID-19 public health
emergency''--</DELETED>
<DELETED> (1) 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 COVID-19; and</DELETED>
<DELETED> (2) includes any renewal of such declaration
pursuant to such section 319.</DELETED>
<DELETED>TITLE I--TRAVEL PROMOTION</DELETED>
<DELETED>SEC. 101. SHORT TITLE.</DELETED>
<DELETED> This title may be cited as the ``Visit America
Act''.</DELETED>
<DELETED>SEC. 102. PURPOSES.</DELETED>
<DELETED> The purposes of this title are--</DELETED>
<DELETED> (1) to support the travel and tourism industry,
which produces economic impacts that are vital to our national
economy;</DELETED>
<DELETED> (2) to address the recent decline in the number of
international travelers who visit the United States;
and</DELETED>
<DELETED> (3) to establish national goals for international
visitors to the United States, including--</DELETED>
<DELETED> (A) recommendations for achieving such
goals and timelines for implementing such
recommendations;</DELETED>
<DELETED> (B) coordination between Federal and State
agencies;</DELETED>
<DELETED> (C) the resources needed by each
Government agency to achieve such goals; and</DELETED>
<DELETED> (D) the number of international visitors
and the value of national travel exports.</DELETED>
<DELETED>SEC. 103. SENSE OF CONGRESS.</DELETED>
<DELETED> It is the sense of Congress that--</DELETED>
<DELETED> (1) setting a national goal for the number of
international visitors is vital for aligning Federal tourism
policy to support American jobs and economic growth;</DELETED>
<DELETED> (2) setting a national goal for travel exports is
vital for aligning Federal tourism policy to support American
jobs, increase travel exports, and improve our Nation's balance
of trade;</DELETED>
<DELETED> (3) the travel industry is an essential part of
the United States' services exports with respect to business,
education, medical, and leisure travel;</DELETED>
<DELETED> (4) the promotion of travel and visitation by the
Corporation for Travel Promotion (doing business as ``Brand
USA'') is vital to increasing visitation and articulating the
visitation laws of the United States; and</DELETED>
<DELETED> (5) there is an urgent need for a coordinated
travel and tourism industry response and strategy to respond to
the current state of such industry and future unforeseen
circumstances that may impact the travel and tourism
industry.</DELETED>
<DELETED>SEC. 104. ASSISTANT SECRETARY FOR TRAVEL AND
TOURISM.</DELETED>
<DELETED> Section 2(d) of the Reorganization Plan Numbered 3 of 1979
(93 Stat. 1382; 5 U.S.C. App.) is amended--</DELETED>
<DELETED> (1) by striking ``There shall be in the Department
two additional Assistant Secretaries'' and inserting ``(1)
There shall be in the Department 3 additional Assistant
Secretaries, including the Assistant Secretary of Commerce for
Travel and Tourism,''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(2) The Assistant Secretary of Commerce for Travel and
Tourism shall--</DELETED>
<DELETED> ``(A) be appointed by the President, subject to
the advice and consent of the Senate; and</DELETED>
<DELETED> ``(B) report directly to the Under Secretary for
International Trade.''.</DELETED>
<DELETED>SEC. 105. RESPONSIBILITIES OF THE ASSISTANT SECRETARY OF
COMMERCE FOR TRAVEL AND TOURISM.</DELETED>
<DELETED> (a) Visitation Goals.--The Assistant Secretary of Commerce
for Travel and Tourism (referred to in this section as the ``Assistant
Secretary''), appointed pursuant to section 2(d) of the Reorganization
Plan Numbered 3 of 1979, as amended by section 104, shall--</DELETED>
<DELETED> (1) establish an annual goal, consistent with the
goals of the travel and tourism strategy developed pursuant to
section 106(1), for--</DELETED>
<DELETED> (A) the number of international visitors
to the United States; and</DELETED>
<DELETED> (B) the value of travel exports;</DELETED>
<DELETED> (2) develop recommendations for achieving the
annual goals established pursuant to paragraph (1);</DELETED>
<DELETED> (3) ensure that travel and tourism policy is
developed in consultation with--</DELETED>
<DELETED> (A) the Tourism Policy Council;</DELETED>
<DELETED> (B) the Secretary of Homeland
Security;</DELETED>
<DELETED> (C) the National Travel and Tourism
Office;</DELETED>
<DELETED> (D) Brand USA;</DELETED>
<DELETED> (E) the United States Travel and Tourism
Advisory Board; and</DELETED>
<DELETED> (F) travel industry partners, including
public and private destination marketing organizations,
travel and tourism suppliers, and labor representatives
from these industries.</DELETED>
<DELETED> (4) establish short, medium, and long-term
timelines for implementing the recommendations developed
pursuant to paragraph (2);</DELETED>
<DELETED> (5) conduct Federal agency needs assessments to
identify the resources, statutory or regulatory changes, and
private sector engagement needed to achieve the annual
visitation goals; and</DELETED>
<DELETED> (6) provide assessments and recommendations to--
</DELETED>
<DELETED> (A) the Committee on Commerce, Science,
and Transportation of the Senate;</DELETED>
<DELETED> (B) the Committee on Energy and Commerce
of the House of Representatives; and</DELETED>
<DELETED> (C) the public through a publicly
accessible website.</DELETED>
<DELETED> (b) Visa Adjudication.--The Assistant Secretary, in
consultation with the Secretary of State and the Secretary of Homeland
Security, shall--</DELETED>
<DELETED> (1) explore strategies for improving visitor visa
processing with respect to--</DELETED>
<DELETED> (A) the maximum time for processing visas,
by visitation type;</DELETED>
<DELETED> (B) regulatory and policy changes needed
to meet the visa processing goals referred to in
subparagraph (A), including changes regarding
technology, processing centers, and training;
and</DELETED>
<DELETED> (C) streamlining visa applications and
adjudications, including application design and data
collection procedures; and</DELETED>
<DELETED> (2) explore opportunities to establish pilot
programs to integrate technology into the visitor visa
adjudication process, including video conferencing and
biometrics.</DELETED>
<DELETED> (c) Domestic Travel.--The Assistant Secretary shall--
</DELETED>
<DELETED> (1) evaluate, on an ongoing basis, domestic policy
options for supporting competitiveness with respect to the
strengths, weaknesses, and growth of the domestic travel
industry;</DELETED>
<DELETED> (2) develop recommendations and goals to support
and enhance domestic tourism, separated by business and
leisure; and</DELETED>
<DELETED> (3) engage public and private stakeholders to
support domestic tourism.</DELETED>
<DELETED> (d) Workforce.--The Assistant Secretary shall--</DELETED>
<DELETED> (1) consult with the Secretary of Labor to develop
strategies and best practices for improving the timeliness and
reliability of travel and tourism workforce data;</DELETED>
<DELETED> (2) work with the Secretary of Labor and the
Bureau of Economic Analysis to improve travel and tourism
industry data; and</DELETED>
<DELETED> (3) provide recommendations for policy
enhancements and streamlining.</DELETED>
<DELETED> (e) Travel Export Promotion.--The Assistant Secretary, in
coordination with the Assistant Secretary of Commerce for Global
Markets and the Director General of the United States and Foreign
Commercial Service, shall work to promote and facilitate travel exports
abroad and ensure competitiveness by--</DELETED>
<DELETED> (1) promoting meetings, incentives, conferences,
and exhibitions;</DELETED>
<DELETED> (2) emphasizing rural and other destinations rich
in cultural heritage or ecological tourism, among other
uniquely American destinations; and</DELETED>
<DELETED> (3) promoting sports and recreation events and
activities, which shall be hosted in the United
States.</DELETED>
<DELETED> (f) Travel Security.--The Assistant Secretary shall
investigate and provide recommendations to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on the
Judiciary of the Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Energy and
Commerce of the House of Representatives, the Committee on Homeland
Security of the House of Representatives, and the Committee on the
Judiciary of the House of Representatives regarding initiating,
utilizing, or expanding existing security programs to better meet the
needs of the United States travel and tourism industry, including--
</DELETED>
<DELETED> (1) the Visa Waiver Program authorized under
section 217 of the Immigration and Nationality Act (8 U.S.C.
1187);</DELETED>
<DELETED> (2) preclearance operations;</DELETED>
<DELETED> (3) the Trusted Traveler Program;</DELETED>
<DELETED> (4) the biometric entry-exit control system
required under section 110 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (division C of Public
Law 104-208; 8 U.S.C. 1221 note); and</DELETED>
<DELETED> (5) the establishment of a system to provide
increased resilience to travel during pandemics.</DELETED>
<DELETED> (g) Recovery Strategy.--</DELETED>
<DELETED> (1) Initial recovery strategy.--Not later than 1
year after amounts are appropriated to accomplish the purposes
of this section, the Assistant Secretary, in consultation with
the United States Travel and Tourism Advisory Board and other
representatives of the travel industry, shall develop and
implement a COVID-19 public health emergency recovery strategy
to assist the United States travel and tourism industry to
quickly recover from the pandemic.</DELETED>
<DELETED> (2) Future recovery strategies.--After assisting
in the implementation of the strategy developed pursuant to
paragraph (1), the Assistant Secretary, in consultation with
the entities referred to in such paragraph, shall develop
additional recovery strategies for the travel and tourism
industry in anticipation of other unforeseen catastrophic
events that would significantly affect the travel and tourism
industry, such as hurricanes, floods, tsunamis, tornadoes,
terrorist attacks, and pandemics.</DELETED>
<DELETED> (h) Reporting Requirements.--</DELETED>
<DELETED> (1) Assistant secretary.--The Assistant Secretary
shall produce an annual forecasting report on the travel and
tourism industry, which shall include current and anticipated--
</DELETED>
<DELETED> (A) domestic employment needs;</DELETED>
<DELETED> (B) international inbound volume and
spending, taking into account the lasting effects of
the COVID-19 public health emergency and the impact of
the recovery strategy implemented pursuant to
subsection (g)(1);</DELETED>
<DELETED> (C) domestic volume and spending,
including Federal and State public land travel and
tourism data.</DELETED>
<DELETED> (2) Bureau of economic analysis.--The Director of
the Bureau of Economic Analysis should annually update the
Travel and Tourism Satellite Accounts, including--</DELETED>
<DELETED> (A) State level travel and tourism
spending data;</DELETED>
<DELETED> (B) travel and tourism workforce data for
full-time and part-time employment; and</DELETED>
<DELETED> (C) Federal and State public lands
spending data.</DELETED>
<DELETED> (3) National travel and tourism office.--The
Director of the National Travel and Tourism Office--</DELETED>
<DELETED> (A) in partnership with the Bureau of
Economic Analysis, shall report international arrival
and spending data on a regular monthly schedule, which
shall be made available to the Travel and Tourism
Advisory Board and to the public through a publicly
available website; and</DELETED>
<DELETED> (B) shall include questions in the Survey
of International Air Travelers regarding wait-times,
visits to public lands, and State data, to the extent
applicable.</DELETED>
<DELETED>SEC. 106. TRAVEL AND TOURISM STRATEGY.</DELETED>
<DELETED> Not less frequently than once every 10 years, the
Secretary of Commerce, in consultation with the United States Travel
and Tourism Advisory Board, the Tourism Policy Council, and the
Secretary of Homeland Security, shall develop and submit to Congress a
10-year travel and tourism strategy, which shall include--</DELETED>
<DELETED> (1) the establishment of goals with respect to the
number of annual international visitors to the United States
and the annual amount of travel exports during such 10-year
period;</DELETED>
<DELETED> (2) the resources needed to achieve the goals
established pursuant to paragraph (1); and</DELETED>
<DELETED> (3) recommendations for statutory or regulatory
changes that would be necessary to achieve such
goals.</DELETED>
<DELETED>SEC. 107. UNITED STATES TRAVEL AND TOURISM ADVISORY
BOARD.</DELETED>
<DELETED> Section 3 of the Act entitled ``An Act to encourage travel
in the United States, and for other purposes'' (15 U.S.C. 1546) is
amended--</DELETED>
<DELETED> (1) by amending the section heading to read as
follows: ``united states travel and tourism advisory board;
advisory committee''; and</DELETED>
<DELETED> (2) by striking ``The Secretary of Commerce is
authorized'' and inserting the following:</DELETED>
<DELETED> ``(a) United States Travel and Tourism Advisory Board.--
</DELETED>
<DELETED> ``(1) In general.--There is established the United
States Travel and Tourism Advisory Board (referred to in this
subsection as the `Board'), the members of which shall be
appointed by the Secretary of Commerce for 2-year terms from
among companies and organizations in the travel and tourism
industry.</DELETED>
<DELETED> ``(2) Executive director.--The Assistant Secretary
for Travel and Tourism shall serve as the Executive Director of
the Board.</DELETED>
<DELETED> ``(3) Executive secretariat.--The Director of the
National Travel and Tourism Office of the International Trade
Administration shall serve as the Executive Secretariat for the
Board.</DELETED>
<DELETED> ``(4) Functions.--The Board's Charter shall
specify that the Board will--</DELETED>
<DELETED> ``(A) serve as the advisory body to the
Secretary of Commerce on matters relating to the travel
and tourism industry in the United States;</DELETED>
<DELETED> ``(B) advise the Secretary of Commerce on
government policies and programs that affect the United
States travel and tourism industry;</DELETED>
<DELETED> ``(C) offer counsel on current and
emerging issues;</DELETED>
<DELETED> ``(D) provide a forum for discussing and
proposing solutions to problems related to the travel
and tourism industry; and</DELETED>
<DELETED> ``(E) provide advice regarding the
domestic travel and tourism industry as an economic
engine.</DELETED>
<DELETED> ``(5) Recovery strategy.--The Board shall assist
the Assistant Secretary in the development and implementation
of the COVID-19 public health emergency recovery strategy
required under section 105(g)(1) of the Visit America
Act.</DELETED>
<DELETED> ``(b) Advisory Committee for Promotion of Tourist
Travel.--The Secretary of Commerce is authorized''.</DELETED>
<DELETED>TITLE II--TRAVEL SAFETY</DELETED>
<DELETED>Subtitle A--Health Safety</DELETED>
<DELETED>SEC. 201. STUDY AND REPORT ON EFFECTS OF COVID-19 PANDEMIC ON
TRAVEL AND TOURISM INDUSTRY IN UNITED STATES.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Pandemic period.--The term ``pandemic period''
has the meaning given the term ``emergency period'' in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
5(g)(1)(B)), excluding any portion of such period after the
date that is 1 year after the date of the enactment of this
Act.</DELETED>
<DELETED> (2) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.</DELETED>
<DELETED> (3) Travel and tourism industry.--The term
``travel and tourism industry'' means the travel and tourism
industry in the United States.</DELETED>
<DELETED> (b) Interim Study and Report.--</DELETED>
<DELETED> (1) In general.--Not later than 3 months after the
date of the enactment of this Act, the Secretary, after
consultation with relevant stakeholders, including the United
States Travel and Tourism Advisory Board, shall--</DELETED>
<DELETED> (A) complete an interim study, which shall
be based on data available at the time the study is
conducted and provide a framework for the study
required under subsection (c), regarding the effects of
the COVID-19 pandemic on the travel and tourism
industry, including various segments of the travel and
tourism industry, such as domestic, international,
leisure, business, conventions, meetings, and events;
and</DELETED>
<DELETED> (B) submit a report containing the results
of such interim study to--</DELETED>
<DELETED> (i) the Committee on Commerce,
Science, and Transportation of the Senate;
and</DELETED>
<DELETED> (ii) the Committee on Energy and
Commerce of the House of
Representatives.</DELETED>
<DELETED> (2) Availability.--The Secretary shall make the
report described in paragraph (1) publicly available on the
website of the Department of Commerce.</DELETED>
<DELETED> (c) In General.--Not later than 1 year after the date of
the enactment of this Act, the Secretary, in consultation with the
United States Travel and Tourism Advisory Board and the head of any
other Federal agency the Secretary considers appropriate, shall
complete a study on the effects of the COVID-19 pandemic on the travel
and tourism industry, including various segments of the travel and
tourism industry, such as domestic, international, leisure, business,
conventions, meetings, and events.</DELETED>
<DELETED> (d) Matters for Consideration.--In conducting the interim
study required under subsection (b) and the study required under
subsection (c), the Secretary shall consider--</DELETED>
<DELETED> (1) changes in employment rates in the travel and
tourism industry during the pandemic period;</DELETED>
<DELETED> (2) changes in revenues of businesses in the
travel and tourism industry during the pandemic
period;</DELETED>
<DELETED> (3) changes in employment and sales in industries
related to the travel and tourism industry, and changes in
contributions of the travel and tourism industry to such
related industries, during the pandemic period;</DELETED>
<DELETED> (4) the effects attributable to the changes
described in paragraphs (1) through (3) in the travel and
tourism industry and such related industries on the overall
economy of the United States, including--</DELETED>
<DELETED> (A) an analysis of regional economies (on
a per capita basis) during the pandemic period;
and</DELETED>
<DELETED> (B) the projected effects of such changes
on the regional and overall economy of the United
States following the pandemic period;</DELETED>
<DELETED> (5) the effects attributable to the changes
described in paragraphs (1) through (3) in the travel and
tourism industry and such related industries on minority
communities, including Native Americans, Native Hawaiians, and
Alaska Natives;</DELETED>
<DELETED> (6) reports on the economic impact of COVID-19
issued by other Federal agencies; and</DELETED>
<DELETED> (7) any additional matters that the Secretary
considers appropriate.</DELETED>
<DELETED> (e) Consultation and Public Comment.--In conducting the
study required under subsection (c), the Secretary shall--</DELETED>
<DELETED> (1) consult with representatives of--</DELETED>
<DELETED> (A) the small business sector;</DELETED>
<DELETED> (B) the restaurant or food service
sector;</DELETED>
<DELETED> (C) the hotel and alternative
accommodations sector;</DELETED>
<DELETED> (D) the attractions or recreation
sector;</DELETED>
<DELETED> (E) the outdoor recreation
sector</DELETED>
<DELETED> (F) travel distribution services
sector;</DELETED>
<DELETED> (G) destination marketing
organizations;</DELETED>
<DELETED> (H) State tourism offices;</DELETED>
<DELETED> (I) the passenger air, railroad, and
rental car sectors; and</DELETED>
<DELETED> (J) labor representatives for--</DELETED>
<DELETED> (i) the sectors referred to in
subparagraph (I); and</DELETED>
<DELETED> (ii) security screening personnel
designated by the Administrator of the
Transportation Security Administration;
and</DELETED>
<DELETED> (2) provide an opportunity for public comment and
advice relevant to conducting the study.</DELETED>
<DELETED> (f) Report to Congress.--</DELETED>
<DELETED> (1) In general.--Not later than 6 months after the
date on which the study required under subsection (b) is
completed, the Secretary, in consultation with the United
States Travel and Tourism Advisory Board and the head of any
other Federal agency that the Secretary considers appropriate,
shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives that contains--
</DELETED>
<DELETED> (A) the results of such study;</DELETED>
<DELETED> (B) policy recommendations for promoting
and assisting the travel and tourism industry,
including in Native American, Native Hawaiian, and
Alaska Native communities, by fully implementing the
Native American Tourism and Improving Visitor
Experience Act (Public Law 114-221); and</DELETED>
<DELETED> (C) a description of the actions that
should be taken by the Federal Government to accelerate
the implementation of travel and tourism policies and
programs authorized by law.</DELETED>
<DELETED> (2) Availability.--The Secretary shall make the
report described in paragraph (1) publicly available on the
website of the Department of Commerce.</DELETED>
<DELETED>SEC. 202. ENSURING HEALTH SAFETY IN THE SKIES.</DELETED>
<DELETED> (a) Short Title.--This section may be cited as the
``Ensuring Health Safety in the Skies Act of 2021''</DELETED>
<DELETED> (b) Definitions.--In this section:</DELETED>
<DELETED> (1) Advisory committee.--The term ``Advisory
Committee'' means the Joint Federal Advisory Committee
established under subsection (d).</DELETED>
<DELETED> (2) Air travel.--The term ``air travel'' includes
international air travel.</DELETED>
<DELETED> (3) Joint task force.--The term ``Joint Task
Force'' means the Joint Task Force on Air Travel During and
After the COVID-19 Public Health Emergency established under
subsection (c)(1).</DELETED>
<DELETED> (c) Joint Task Force on Air Travel During and After the
COVID-19 Public Health Emergency.--</DELETED>
<DELETED> (1) In general.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of
Transportation, the Secretary of Homeland Security, and the
Secretary of Health and Human Services shall establish the
Joint Task Force on Air Travel During and After the COVID-19
Public Health Emergency.</DELETED>
<DELETED> (2) Duties.--</DELETED>
<DELETED> (A) In general.--The Joint Task Force
shall develop recommended requirements, plans, and
guidelines to address the health, safety, security, and
logistical issues relating to--</DELETED>
<DELETED> (i) the continuation of air travel
during the COVID-19 public health emergency;
and</DELETED>
<DELETED> (ii) the resumption of full
operations at airports and increased passenger
air travel after the COVID-19 public health
emergency.</DELETED>
<DELETED> (B) Recommendations.--The recommendations
developed under subparagraph (A), with respect to the
applicable periods described in subparagraph (C), shall
include--</DELETED>
<DELETED> (i) modifying airport, air
carrier, security (including passenger security
screening), and other operations related to
passenger air travel, including passenger
queuing, boarding, deplaning, and baggage
handling procedures, as a result of--</DELETED>
<DELETED> (I) current and
anticipated changes to passenger air
travel during and after the COVID-19
public health emergency; and</DELETED>
<DELETED> (II) anticipated changes
to passenger air travel resulting from
any seasonal recurrence of the
coronavirus;</DELETED>
<DELETED> (ii) mitigating the public health
and economic impacts of the COVID-19 public
health emergency and any seasonal recurrence of
the coronavirus on airports and passenger air
travel (including through the use of personal
protective equipment, the implementation of
strategies to promote overall passenger and
employee safety, and the accommodation of
social distancing as feasible and
necessary);</DELETED>
<DELETED> (iii) addressing privacy and civil
liberty issues that may arise from passenger
health screenings, contact-tracing, or other
processes used to monitor the health of
individuals engaged in air travel;
and</DELETED>
<DELETED> (iv) operating procedures to
manage future public health crises that can be
anticipated, to the extent such public health
crises may impact air travel.</DELETED>
<DELETED> (C) Applicable periods.--The applicable
periods described in this subparagraph are--</DELETED>
<DELETED> (i) the period beginning on the
date of the first meeting of the Joint Task
Force and ending on the last day of the COVID-
19 public health emergency; and</DELETED>
<DELETED> (ii) the 1-year period beginning
on the day after the end of the period
described in clause (i).</DELETED>
<DELETED> (3) Activities of the joint task force.--
</DELETED>
<DELETED> (A) In general.--In developing the
recommended requirements, plans, and guidelines under
paragraph (2), and before including such
recommendations in the final report required under
subsection (e)(2), the Joint Task Force shall--
</DELETED>
<DELETED> (i) conduct cost-benefit
evaluations regarding such recommendations,
including costs impacting air operations and
impacts on air travel;</DELETED>
<DELETED> (ii) consider funding
constraints;</DELETED>
<DELETED> (iii) use risk-based decision-
making; and</DELETED>
<DELETED> (iv) consult with the Advisory
Committee established under subsection (d)(1)
and consider any consensus policy
recommendations of the Advisory Committee
submitted under subsection (d)(2).</DELETED>
<DELETED> (B) International consultation.--The Joint
Task Force shall consult, as practicable, with relevant
international entities and operators, including the
International Civil Aviation Organization, to harmonize
(to the extent possible) recommended requirements,
plans, and guidelines for air travel during and after
the COVID-19 public health emergency.</DELETED>
<DELETED> (4) Membership.--</DELETED>
<DELETED> (A) Chair.--The Secretary of
Transportation (or the Secretary's designee) shall
serve as Chair of the Joint Task Force.</DELETED>
<DELETED> (B) Vice-chair.--The Secretary of Health
and Human Services (or the Secretary's designee) shall
serve as Vice Chair of the Joint Task Force.</DELETED>
<DELETED> (C) Other members.--In addition to the
Chair and Vice Chair, the members of the Joint Task
Force shall include representatives of--</DELETED>
<DELETED> (i) the Department of
Transportation;</DELETED>
<DELETED> (ii) the Department of Homeland
Security;</DELETED>
<DELETED> (iii) the Department of Health and
Human Services;</DELETED>
<DELETED> (iv) the Federal Aviation
Administration;</DELETED>
<DELETED> (v) the Transportation Security
Administration;</DELETED>
<DELETED> (vi) U.S. Customs and Border
Protection;</DELETED>
<DELETED> (vii) the Centers for Disease
Control and Prevention;</DELETED>
<DELETED> (viii) the Occupational Safety and
Health Administration;</DELETED>
<DELETED> (ix) the National Institute for
Occupational Safety and Health;</DELETED>
<DELETED> (x) the Pipeline and Hazardous
Materials Safety Administration;</DELETED>
<DELETED> (xi) the Department of State;
and</DELETED>
<DELETED> (xii) the Environmental Protection
Agency.</DELETED>
<DELETED> (d) Joint Federal Advisory Committee.--</DELETED>
<DELETED> (1) Establishment.--Not later than 15 days after
the date on which the Joint Task Force is established pursuant
to subsection (c)(1), the Secretary of Transportation, in
consultation with the Secretary of Homeland Security and the
Secretary of Health and Human Services, shall establish a Joint
Federal Advisory Committee to advise the Joint Task
Force.</DELETED>
<DELETED> (2) Duties of the advisory committee.--The
Advisory Committee shall develop and submit consensus policy
recommendations to the Joint Task Force for the Joint Task
Force to consider when developing recommendations under
subsection (c)(2).</DELETED>
<DELETED> (3) Membership.--The members of the Advisory
Committee shall include representatives of--</DELETED>
<DELETED> (A) airport operators designated by the
Secretary of Transportation in consultation with the
Secretary of Homeland Security;</DELETED>
<DELETED> (B) air carriers designated by the
Secretary of Transportation;</DELETED>
<DELETED> (C) aircraft and aviation manufacturers
designated by the Secretary of
Transportation;</DELETED>
<DELETED> (D) labor organizations representing--
</DELETED>
<DELETED> (i) aviation industry workers
(including pilots, flight attendants,
engineers, maintenance, mechanics, air traffic
controllers, safety inspectors, and workers
performing airport services such as security,
terminal and cabin cleaning, passenger
assistance, and aircraft loading) designated by
the Secretary of Transportation; and</DELETED>
<DELETED> (ii) security screening personnel
designated by the Secretary of Homeland
Security;</DELETED>
<DELETED> (E) public health experts designated by
the Secretary of Health and Human Services;</DELETED>
<DELETED> (F) organizations designated by the
Secretary of Transportation that represent airline
passengers;</DELETED>
<DELETED> (G) privacy and civil liberty
organizations designated by the Secretary of Homeland
Security;</DELETED>
<DELETED> (H) manufacturers and integrators of
passenger screening and identity verification
technologies designated by the Secretary of Homeland
Security;</DELETED>
<DELETED> (I) trade associations representing air
carriers (including major passenger air carriers, low-
cost passenger air carriers, regional passenger air
carriers, cargo air carriers, and foreign passenger air
carriers) designated by the Secretary of
Transportation, in consultation with the Secretary of
Homeland Security;</DELETED>
<DELETED> (J) trade associations representing
airport operators (including large hub, medium hub,
small hub, nonhub primary, and nonprimary commercial
service airports) designated by the Secretary of
Transportation, in consultation with the Secretary of
Homeland Security; and</DELETED>
<DELETED> (K) aviation contractors designated by the
Secretary of Transportation.</DELETED>
<DELETED> (4) Vacancies.--Any vacancy in the membership of
the Advisory Committee shall not affect its responsibilities,
but shall be filled in the same manner as the original
appointment and in accordance with the Federal Advisory
Committee Act (5 U.S.C. App).</DELETED>
<DELETED> (5) Prohibition on compensation.--The members of
the Advisory Committee shall not receive any compensation from
the Federal Government by reason of their service on the
Advisory Committee.</DELETED>
<DELETED> (6) Publication.--Not later than 14 days after the
date on which the Advisory Committee submits policy
recommendations to the Joint Task Force pursuant to paragraph
(2), the Secretary of Transportation shall publish such policy
recommendations on a publicly accessible website.</DELETED>
<DELETED> (e) Briefings and Reports.--</DELETED>
<DELETED> (1) Preliminary briefings.--As soon as
practicable, but not later than 6 months after the date on
which the Joint Task Force is established pursuant to
subsection (c)(1), the Joint Task Force shall begin providing
preliminary briefings to Congress regarding the status of the
development of the recommended requirements, plan, and
guidelines under subsection (c)(2). The preliminary briefings
shall include interim versions, if any, of the recommendations
of the Joint Task Force.</DELETED>
<DELETED> (2) Final report.--</DELETED>
<DELETED> (A) Deadline.--As soon as practicable, but
not later than 18 months after the date of enactment of
this Act, the Joint Task Force shall submit a final
report to Congress.</DELETED>
<DELETED> (B) Content.--The final report shall
include--</DELETED>
<DELETED> (i)(I) all of the recommended
requirements, plans, and guidelines developed
by the Joint Task Force pursuant to subsection
(c)(2); and</DELETED>
<DELETED> (II) a description of any action
taken by the Federal Government as a result of
the recommendations referred to in subclause
(I); and</DELETED>
<DELETED> (ii)(I) consensus policy
recommendations submitted by the Advisory
Committee pursuant to subsection (d)(2);
and</DELETED>
<DELETED> (II) an explanation (including
data and risk analysis) of any action by the
Joint Task Force in response to the
recommendations referred to in subclause
(I).</DELETED>
<DELETED> (f) Termination.--The Joint Task Force and the Advisory
Committee shall terminate on the date that is 30 days after the date on
which the Joint Task Force submits the final report required under
subsection (e)(2).</DELETED>
<DELETED>SEC. 203. FEASIBILITY STUDY ON THE USE OF CANINE UNITS TO
DETECT COVID-19 AT AIRPORTS.</DELETED>
<DELETED> (a) In General.--The Administrator of the Transportation
Security Administration, in consultation with the Secretary of
Transportation, the Secretary of Homeland Security, the Director of the
Centers for Disease Control and Prevention, and the Secretary of
Defense, shall conduct a study to assess--</DELETED>
<DELETED> (1) the feasibility of using canines to detect the
presence of SARS-CoV-2, the virus that causes the coronavirus
disease 2019 (commonly known as ``COVID-19''), in individuals
infected with the virus;</DELETED>
<DELETED> (2) if using canines to detect the presence of
SARS-CoV-2 is feasible, whether canine units could be used at
airports to screen passengers, individuals accompanying
passengers, crew members, and other individuals who pass
through airports and airport security screening locations for
SARS-CoV-2 infection; and</DELETED>
<DELETED> (3) if using canine units to conduct screening
described in paragraph (2) is feasible, how such screening
would be implemented and what metrics would be used to monitor
the efficacy of the screening.</DELETED>
<DELETED> (b) Assessment of Efficacy.--</DELETED>
<DELETED> (1) In general.--In conducting the study required
under subsection (a), the Administrator shall conduct a
comprehensive review and analysis of SARS-CoV-2 detection
solutions to determine the efficacy of canines to detect SARS-
CoV-2 in individuals.</DELETED>
<DELETED> (2) Use of review.--The Administrator shall use
the results of the review and analysis required under paragraph
(1)--</DELETED>
<DELETED> (A) to determine the biological detection
capabilities of canines; and</DELETED>
<DELETED> (B) to inform the operational factors and
considerations necessary for the deployment of canine
units at airports to detect SARS-CoV-2.</DELETED>
<DELETED> (c) Additional Elements.--In conducting the assessments
required under subsections (a) and (b), the Administrator shall--
</DELETED>
<DELETED> (1) assess the probability of canines responding
to the presence of SARS-CoV-2;</DELETED>
<DELETED> (2) determine the specificity of response by
canines to SARS-CoV-2 compared to their response to a pool of
similar viruses and controls;</DELETED>
<DELETED> (3) assess how close canine units must be to
individuals to detect SARS-CoV-2 at a high sensitivity and
specificity;</DELETED>
<DELETED> (4) assess the effectiveness of canine units in
detecting SARS-CoV-2 in symptomatic carriers compared to
asymptomatic carriers;</DELETED>
<DELETED> (5) assess other valid measures to determine the
efficacy of using canine units to screen for SARS-CoV-2 at
airports, such as the accuracy of detection and the risks of
false positives and false negatives;</DELETED>
<DELETED> (6) identify training and policy gaps that must be
addressed before implementing a program to use canine units at
airports to screen passengers, individuals accompanying
passengers, crew members, and other individuals who pass
through airports and airport security screening locations, for
infection with SARS-CoV-2; and</DELETED>
<DELETED> (7) assess--</DELETED>
<DELETED> (A) the number of canine units the
Administrator would require in order to effectively
implement a program to use canine units at airports to
screen passengers, individuals accompanying passengers,
crew members, and other individuals who pass through
airports and airport security screening locations for
infection with SARS-CoV-2; and</DELETED>
<DELETED> (B) the effect that such screenings would
have on the Transportation Security Administration's
existing pool of canine units.</DELETED>
<DELETED> (d) Considerations.--In conducting the study required
under subsection (a), the Administrator shall consider--</DELETED>
<DELETED> (1) opportunities to leverage established,
preexisting scientific information regarding detection of SARS-
CoV-2 by canines;</DELETED>
<DELETED> (2) established programs in foreign countries
related to detection of SARS-CoV-2 by canine units;</DELETED>
<DELETED> (3) detection approaches and solutions related to
the optimization of detection of SARS-CoV-2 by canines;
and</DELETED>
<DELETED> (4) private industry approaches aimed to
facilitate detection of SARS-CoV-2 using canine
units.</DELETED>
<DELETED> (e) Third-Party Validation and Verification.--The
Administrator shall ensure that any screening solutions developed
pursuant to the study required under subsection (a) undergo validation
and verification analysis by a third party with appropriate expertise
to ensure accuracy of data obtained from the study.</DELETED>
<DELETED> (f) Report Required.--Not later than 1 year after the date
of the enactment of this Act, the Administrator shall submit a report
to the Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Armed Services of the Senate, the Committee on
Health, Education, Labor, and Pensions of the Senate, the Committee on
Homeland Security of the House of Representatives, the Committee on
Armed Services of the House of Representatives, and the Committee on
Energy and Commerce of the House of Representatives that--</DELETED>
<DELETED> (1) describes the results of the study required
under subsection (a), including the assessments required under
subsections (b) and (c); and</DELETED>
<DELETED> (2) makes a recommendation with respect to whether
canine units at airports could be trained effectively and
efficiently to screen passengers, individuals accompanying
passengers, crew members, and other individuals who pass
through airports and airport security screening locations, for
infection with SARS-CoV-2.</DELETED>
<DELETED>Subtitle B--One-stop Security</DELETED>
<DELETED>SEC. 211. SHORT TITLE.</DELETED>
<DELETED> This subtitle may be cited as the ``One-Stop Pilot Program
Act of 2021''.</DELETED>
<DELETED>SEC. 212. DEFINITIONS.</DELETED>
<DELETED> In this subtitle:</DELETED>
<DELETED> (1) Administrator.--The term ``Administrator''
means the Administrator of the Transportation Security
Administration.</DELETED>
<DELETED> (2) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Commerce, Science,
and Transportation of the Senate;</DELETED>
<DELETED> (B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and</DELETED>
<DELETED> (C) the Committee on Homeland Security of
the House of Representatives.</DELETED>
<DELETED> (3) TSA.--The term ``TSA'' means the
Transportation Security Administration of the Department of
Homeland Security.</DELETED>
<DELETED>SEC. 213. PILOT PROGRAM FOR ONE-STOP SECURITY.</DELETED>
<DELETED> (a) In General.--Notwithstanding 44901(a) of title 49,
United States Code, the Administrator, in coordination with the
Commissioner of U.S. Customs and Border Protection, may establish a
pilot program at not more than 6 foreign last point of departure
airports to permit passengers and their accessible property arriving on
direct flights or flight segments originating at such participating
foreign airports to continue on additional flights or flight segments
originating in the United States without additional security re-
screening if--</DELETED>
<DELETED> (1) the initial screening was conducted in
accordance with an aviation security screening agreement
described in subsection (d);</DELETED>
<DELETED> (2) passengers arriving from participating foreign
airports are unable to access their checked baggage until the
arrival at their final destination; and</DELETED>
<DELETED> (3) upon arrival in the United States, passengers
arriving from participating foreign airports do not come into
contact with other arriving international passengers, those
passengers' property, or other persons who have not been
screened or subjected to other appropriate security controls
required for entry into the airport's sterile area.</DELETED>
<DELETED> (b) Requirements for Pilot Program.--In carrying out this
section, the Administrator shall ensure that there is no reduction in
the level of security or specific TSA aviation security standards or
requirements for screening passengers and their property prior to
boarding an international flight bound for the United States, including
specific aviation security standards and requirements regarding--
</DELETED>
<DELETED> (1) high risk passengers and their
property;</DELETED>
<DELETED> (2) weapons, explosives, and
incendiaries;</DELETED>
<DELETED> (3) screening passengers and property transferring
at a foreign last point of departure airport from another
airport and bound for the United States, and addressing any co-
mingling of such passengers and property with passengers and
property screened under the pilot program described in
subsection (a); and</DELETED>
<DELETED> (4) insider risk at foreign last point of
departure airports.</DELETED>
<DELETED> (c) Re-Screening of Checked Baggage.--Subject to
subsection (e), the Administrator may determine whether checked baggage
arriving from participating foreign airports referenced in subsection
(a) that screen using an explosives detection system must be rescreened
in the United States by an explosives detection system before such
baggage continues on any additional flight or flight segment.</DELETED>
<DELETED> (d) Aviation Security Screening Agreement.--An aviation
security screening agreement described in this subsection is a treaty,
executive agreement, or other international arrangement that--
</DELETED>
<DELETED> (1) is signed by the Administrator, without
delegating such authority; and</DELETED>
<DELETED> (2) is entered into with a foreign country that
delineates and implements security standards and protocols
utilized at a foreign last point of departure airport that are
determined by the Administrator--</DELETED>
<DELETED> (A) to be comparable to those of the
United States; and</DELETED>
<DELETED> (B) sufficiently effective to enable
passengers and their accessible property to deplane
into sterile areas of airports in the United States
without the need for re-screening.</DELETED>
<DELETED> (e) Re-Screening Requirement.--</DELETED>
<DELETED> (1) In general.--If the Administrator determines
that a foreign country participating in the aviation security
screening agreement has not maintained and implemented security
standards and protocols comparable to those of the United
States at foreign last point of departure airports at which a
pilot program has been established in accordance with this
section, the Administrator shall ensure that passengers and
their property arriving from such airports are re-screened in
the United States, including by using explosives detection
systems in accordance with section 44901(d)(1) of title 49,
United States Code, and implementing regulations, before such
passengers and their property are permitted into sterile areas
of airports in the United States.</DELETED>
<DELETED> (2) Consultation.--If the Administrator has
reasonable grounds to believe that the other party to an
aviation security screening agreement has not complied with
such agreement, the Administrator shall request immediate
consultation with such party.</DELETED>
<DELETED> (3) Suspension or termination of agreement.--If a
satisfactory agreement between TSA and a foreign country is not
reached within 45 days after a consultation request under
paragraph (2) or in the case of the foreign country's continued
or egregious failure to maintain the security standards and
protocols described in paragraph (1), the Administrator shall--
</DELETED>
<DELETED> (A) suspend or terminate the aviation
security screening agreement with such country, as
determined appropriate by the Administrator;
and</DELETED>
<DELETED> (B) notify the appropriate congressional
committees of such consultation, suspension, or
termination, as the case may be, not later than 7 days
after such consultation, suspension, or
termination.</DELETED>
<DELETED> (f) Briefings to Congress.--Not later than 45 days before
an aviation security screening agreement described in subsection (d)
enters into force, the Administrator shall submit to the appropriate
congressional committees--</DELETED>
<DELETED> (1) an aviation security threat assessment for the
country in which such foreign last point of departure airport
is located;</DELETED>
<DELETED> (2) information regarding any corresponding
mitigation efforts to address any security issues identified in
such threat assessment, including any plans for joint covert
testing;</DELETED>
<DELETED> (3) information on potential security
vulnerabilities associated with commencing such agreements and
mitigation plans to address such potential security
vulnerabilities;</DELETED>
<DELETED> (4) an assessment of the impacts that such
agreement will have on aviation security;</DELETED>
<DELETED> (5) an assessment by TSA of the screening
performed at foreign last point of departure airports,
including the feasibility of TSA personnel monitoring
screening, security protocols, and standards;</DELETED>
<DELETED> (6) information regarding identifying the entity
or entities responsible for screening passengers and property
at the foreign last point of departure airport;</DELETED>
<DELETED> (7) the name of the entity or local authority and
any contractor or subcontractor party to the
agreement;</DELETED>
<DELETED> (8) information regarding the screening
requirements under subsection (e);</DELETED>
<DELETED> (9) details regarding information sharing
mechanisms between the Department of Homeland Security and the
foreign last point of departure airport, screening authority,
or entity responsible for screening, as required by law,
regulation, or an aviation screening agreement described in
subsection (d); and</DELETED>
<DELETED> (10) a copy of the aviation security screening
agreement, which shall identify the foreign last point of
departure airport or airports at which a pilot program under
this section is to be established.</DELETED>
<DELETED> (g) Certifications Relating to the Pilot Program for One-
Stop Security.--For each aviation security screening agreement
described in subsection (d), the Administrator shall submit to the
appropriate congressional committees--</DELETED>
<DELETED> (1)(A) a certification that such agreement
satisfies all of the requirements specified in subsection (b);
or</DELETED>
<DELETED> (B) in the event that 1 or more of such
requirements are not so satisfied, a description of the
unsatisfied requirement and information on what actions the
Administrator will take to ensure that such remaining
requirements are satisfied before such agreement enters into
force;</DELETED>
<DELETED> (2) a certification that TSA and U.S. Customs and
Border Protection have ensured that any necessary physical
modifications or appropriate mitigations exist in the domestic
one-stop security pilot program airport prior to receiving
international passengers from a last point of departure airport
under the aviation security screening agreement;</DELETED>
<DELETED> (3) a certification that a foreign last point of
departure airport covered by an aviation security screening
agreement has an operation to screen all checked bags as
required by law, regulation, or international agreement,
including the full utilization of Explosives Detection Systems
to the extent practicable;</DELETED>
<DELETED> (4) a certification that the Administrator
consulted with stakeholders, including air carriers, aviation
nonprofit labor organizations, airport operators, relevant
interagency partners, and other stakeholders that the
Administrator determines appropriate.</DELETED>
<DELETED> (h) Report to Congress.--Not later than 5 years after the
date of the enactment of this Act, the Secretary of Homeland Security,
in coordination with the Administrator, shall submit a report to the
appropriate congressional committees regarding the implementation of
the pilot program authorized under this section, including information
relating to--</DELETED>
<DELETED> (1) the impact of such program on homeland
security and international aviation security, including any
benefits and challenges of such program;</DELETED>
<DELETED> (2) the impact of such program on passengers,
airports, and air carriers, including any benefits and
challenges of such program; and</DELETED>
<DELETED> (3) the impact and feasibility of continuing such
program or expanding it into a more permanent program,
including any benefits and challenges of such continuation or
expansion.</DELETED>
<DELETED> (i) Rule of Construction.--Nothing in this section may be
construed as limiting the authority of U.S. Customs and Border
Protection to inspect persons and baggage arriving in the United States
in accordance with applicable law.</DELETED>
<DELETED> (j) Sunset.--The pilot program authorized under this
section shall terminate on the date that is 6 years after the date of
the enactment of this Act.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Omnibus Travel and
Tourism Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Defined term.
TITLE I--TRAVEL PROMOTION
Sec. 101. Short title.
Sec. 102. Purposes.
Sec. 103. Sense of Congress.
Sec. 104. Assistant Secretary for Travel and Tourism.
Sec. 105. Responsibilities of the Assistant Secretary of Commerce for
Travel and Tourism.
Sec. 106. Travel and tourism strategy.
Sec. 107. United States Travel and Tourism Advisory Board.
Sec. 108. Data on domestic travel and tourism.
TITLE II--TRAVEL SAFETY
Subtitle A--Health Safety
Sec. 201. Study and report on effects of COVID-19 pandemic on travel
and tourism industry in United States.
Sec. 202. Ensuring Health Safety in the Skies.
Sec. 203. Feasibility study on the use of canine units to detect COVID-
19 at airports.
Subtitle B--One-Stop Security
Sec. 211. Short title.
Sec. 212. Definitions.
Sec. 213. Pilot Program for One-Stop Security.
SEC. 2. DEFINED TERM.
In this Act, the term ``COVID-19 public health emergency''--
(1) 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 COVID-19; and
(2) includes any renewal of such declaration pursuant to
such section 319.
TITLE I--TRAVEL PROMOTION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Visit America Act''.
SEC. 102. PURPOSES.
The purposes of this title are--
(1) to support the travel and tourism industry, which
produces economic impacts that are vital to our national
economy; and
(2) to establish national goals for international visitors
to the United States, including--
(A) recommendations for achieving such goals and
timelines for implementing such recommendations;
(B) coordination between Federal and State
agencies;
(C) the resources needed by each Government agency
to achieve such goals; and
(D) the number of international visitors and the
value of national travel exports.
SEC. 103. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) setting a national goal for the number of international
visitors to the United States is vital for aligning Federal
tourism policy to support American jobs and economic growth;
(2) setting a national goal for travel exports is vital for
aligning Federal tourism policy to support American jobs,
increase travel exports, and improve our Nation's balance of
trade;
(3) the travel industry is an essential part of the United
States' services exports with respect to business, education,
medical, and leisure travel;
(4) the promotion of travel and visitation by the
Corporation for Travel Promotion (doing business as ``Brand
USA'') is vital to increasing visitation and articulating the
visitation laws of the United States; and
(5) there is an urgent need for a coordinated travel and
tourism industry response and strategy to respond to the
current state of such industry and future unforeseen
circumstances that may impact the travel and tourism industry.
SEC. 104. ASSISTANT SECRETARY FOR TRAVEL AND TOURISM.
Section 2(d) of the Reorganization Plan Numbered 3 of 1979 (93
Stat. 1382; 5 U.S.C. App.) is amended--
(1) by striking ``There shall be in the Department two
additional Assistant Secretaries'' and inserting ``(1) There
shall be in the Department 3 additional Assistant Secretaries,
including the Assistant Secretary of Commerce for Travel and
Tourism,''; and
(2) by adding at the end the following:
``(2) The Assistant Secretary of Commerce for Travel and Tourism
shall--
``(A) be appointed by the President, subject to the advice
and consent of the Senate; and
``(B) report directly to the Under Secretary for
International Trade.''.
SEC. 105. RESPONSIBILITIES OF THE ASSISTANT SECRETARY OF COMMERCE FOR
TRAVEL AND TOURISM.
(a) Visitation Goals.--The Assistant Secretary of Commerce for
Travel and Tourism (referred to in this section as the ``Assistant
Secretary''), appointed pursuant to section 2(d) of the Reorganization
Plan Numbered 3 of 1979, as amended by section 104, shall--
(1) establish an annual goal, consistent with the goals of
the travel and tourism strategy developed pursuant to section
106(1), for--
(A) the number of international visitors to the
United States; and
(B) the value of travel exports;
(2) develop recommendations for achieving the annual goals
established pursuant to paragraph (1);
(3) ensure that travel and tourism policy is developed in
consultation with--
(A) the Tourism Policy Council;
(B) the Secretary of Homeland Security;
(C) the National Travel and Tourism Office;
(D) Brand USA;
(E) the United States Travel and Tourism Advisory
Board; and
(F) travel industry partners, including public and
private destination marketing organizations, travel and
tourism suppliers, and labor representatives from these
industries.
(4) establish short, medium, and long-term timelines for
implementing the recommendations developed pursuant to
paragraph (2);
(5) conduct Federal agency needs assessments, in
consultation with the Office of Management and Budget, to
identify the resources, statutory or regulatory changes, and
private sector engagement needed to achieve the annual
visitation goals; and
(6) provide assessments and recommendations to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives; and
(C) the public through a publicly accessible
website.
(b) Visa Adjudication.--The Assistant Secretary, in consultation
with the Secretary of State and the Secretary of Homeland Security,
shall--
(1) explore strategies for improving visitor visa
processing with respect to--
(A) the maximum time for processing visas, by
visitation type;
(B) regulatory and policy changes needed to meet
the visa processing goals referred to in subparagraph
(A), including changes regarding technology, processing
centers, and training; and
(C) streamlining visa applications and
adjudications, including application design and data
collection procedures; and
(2) explore opportunities to establish pilot programs to
integrate technology into the visitor visa adjudication
process, including video conferencing and biometrics.
(c) Domestic Travel and Tourism.--The Assistant Secretary, to the
extent feasible, shall--
(1) evaluate, on an ongoing basis, domestic policy options
for supporting competitiveness with respect to the strengths,
weaknesses, and growth of the domestic travel industry;
(2) develop recommendations and goals to support and
enhance domestic tourism, separated by business and leisure;
and
(3) engage public and private stakeholders to support
domestic tourism.
(d) Workforce.--The Assistant Secretary shall--
(1) consult with the Secretary of Labor to develop
strategies and best practices for improving the timeliness and
reliability of travel and tourism workforce data;
(2) work with the Secretary of Labor and the Bureau of
Economic Analysis to improve travel and tourism industry data;
and
(3) provide recommendations for policy enhancements and
efficiencies.
(e) Travel Export Promotion.--The Assistant Secretary, in
coordination with the Assistant Secretary of Commerce for Global
Markets and the Director General of the United States and Foreign
Commercial Service, shall work to promote and facilitate travel exports
abroad and ensure competitiveness by engaging in, at a minimum--
(1) promoting meetings, incentives, conferences, and
exhibitions;
(2) emphasizing rural and other destinations rich in
cultural heritage or ecological tourism, among other uniquely
American destinations; and
(3) promoting sports and recreation events and activities,
which shall be hosted in the United States.
(f) Travel Security.--The Assistant Secretary shall investigate and
provide recommendations to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on the Judiciary of the
Senate, the Committee on Homeland Security and Governmental Affairs of
the Senate, the Committee on Energy and Commerce of the House of
Representatives, the Committee on Homeland Security of the House of
Representatives, and the Committee on the Judiciary of the House of
Representatives regarding initiating, utilizing, or expanding existing
security programs to better meet the needs of the United States travel
and tourism industry, including--
(1) the Visa Waiver Program authorized under section 217 of
the Immigration and Nationality Act (8 U.S.C. 1187);
(2) preclearance operations;
(3) the Trusted Traveler Program;
(4) the biometric entry-exit control system required under
section 110 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208; 8
U.S.C. 1221 note); and
(5) the establishment of a system to provide increased
resilience to travel during pandemics.
(g) Recovery Strategy.--
(1) Initial recovery strategy.--Not later than 1 year after
amounts are appropriated to accomplish the purposes of this
section, the Assistant Secretary, in consultation with public
and private stakeholders identified in subsection (a)(3) and
public health officials, shall develop and implement a COVID-19
public health emergency recovery strategy to assist the United
States travel and tourism industry to quickly recover from the
pandemic.
(2) Future recovery strategies.--After assisting in the
implementation of the strategy developed pursuant to paragraph
(1), the Assistant Secretary, in consultation with appropriate
public and private stakeholders, shall develop additional
recovery strategies for the travel and tourism industry in
anticipation of other unforeseen catastrophic events that would
significantly affect the travel and tourism industry, such as
hurricanes, floods, tsunamis, tornadoes, terrorist attacks, and
pandemics.
(3) Cost-benefit analysis.--In developing the COVID-19
public health emergency recovery strategy under paragraph (1)
and additional recovery strategies for the travel and tourism
industry under paragraph (2), the Assistant Secretary shall
conduct cost-benefit analyses that take into account the health
and economic effects of public health mitigation measures on
the travel and tourism industry.
(h) Reporting Requirements.--
(1) Assistant secretary.--The Assistant Secretary shall
produce an annual forecasting report on the travel and tourism
industry, to the extent feasible, which shall include current
and anticipated--
(A) domestic employment needs;
(B) international inbound volume and spending,
taking into account the lasting effects of the COVID-19
public health emergency and the impact of the recovery
strategy implemented pursuant to subsection (g)(1);
(C) domestic volume and spending, including Federal
and State public land travel and tourism data.
(2) Bureau of economic analysis.--The Director of the
Bureau of Economic Analysis should annually update, to the
extent feasible, the Travel and Tourism Satellite Accounts,
including--
(A) State level travel and tourism spending data;
(B) travel and tourism workforce data for full-time
and part-time employment; and
(C) Federal and State public lands spending data.
(3) National travel and tourism office.--The Director of
the National Travel and Tourism Office--
(A) in partnership with the Bureau of Economic
Analysis, shall report international arrival and
spending data on a regular monthly schedule, which
shall be made available to the Travel and Tourism
Advisory Board and to the public through a publicly
available website; and
(B) shall include questions in the Survey of
International Air Travelers regarding wait-times,
visits to public lands, and State data, to the extent
applicable.
SEC. 106. TRAVEL AND TOURISM STRATEGY.
Not less frequently than once every 10 years, the Secretary of
Commerce, in consultation with the United States Travel and Tourism
Advisory Board, the Tourism Policy Council, and the Secretary of
Homeland Security, shall develop and submit to Congress a 10-year
travel and tourism strategy, which shall include--
(1) the establishment of goals with respect to the number
of annual international visitors to the United States and the
annual value of travel exports during such 10-year period;
(2) the resources needed to achieve the goals established
pursuant to paragraph (1); and
(3) recommendations for statutory or regulatory changes
that would be necessary to achieve such goals.
SEC. 107. UNITED STATES TRAVEL AND TOURISM ADVISORY BOARD.
Section 3 of the Act entitled ``An Act to encourage travel in the
United States, and for other purposes'' (15 U.S.C. 1546) is amended--
(1) by amending the section heading to read as follows:
``united states travel and tourism advisory board; advisory
committee''; and
(2) by striking ``The Secretary of Commerce is authorized''
and inserting the following:
``(a) United States Travel and Tourism Advisory Board.--
``(1) In general.--There is established the United States
Travel and Tourism Advisory Board (referred to in this
subsection as the `Board'), the members of which shall be
appointed by the Secretary of Commerce for 2-year terms from
among companies and organizations in the travel and tourism
industry.
``(2) Executive director.--The Assistant Secretary for
Travel and Tourism shall serve as the Executive Director of the
Board.
``(3) Executive secretariat.--The Director of the National
Travel and Tourism Office of the International Trade
Administration shall serve as the Executive Secretariat for the
Board.
``(4) Functions.--The Board's Charter shall specify that
the Board will--
``(A) serve as the advisory body to the Secretary
of Commerce on matters relating to the travel and
tourism industry in the United States;
``(B) advise the Secretary of Commerce on
government policies and programs that affect the United
States travel and tourism industry;
``(C) offer counsel on current and emerging issues;
``(D) provide a forum for discussing and proposing
solutions to problems related to the travel and tourism
industry; and
``(E) provide advice regarding the domestic travel
and tourism industry as an economic engine.
``(5) Recovery strategy.--The Board shall assist the
Assistant Secretary in the development and implementation of
the COVID-19 public health emergency recovery strategy required
under section 105(g)(1) of the Visit America Act.
``(b) Advisory Committee for Promotion of Tourist Travel.--The
Secretary of Commerce is authorized''.
SEC. 108. DATA ON DOMESTIC TRAVEL AND TOURISM.
The Secretary of Commerce shall, subject to the availability of
appropriations, collect and make public aggregate data on domestic
travel and tourism trends by individuals traveling between points
within the United States.
TITLE II--TRAVEL SAFETY
Subtitle A--Health Safety
SEC. 201. STUDY AND REPORT ON EFFECTS OF COVID-19 PANDEMIC ON TRAVEL
AND TOURISM INDUSTRY IN UNITED STATES.
(a) Definitions.--In this section:
(1) Pandemic period.--The term ``pandemic period'' has the
meaning given the term ``emergency period'' in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
5(g)(1)(B)), excluding any portion of such period after the
date that is 1 year after the date of the enactment of this
Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(3) Travel and tourism industry.--The term ``travel and
tourism industry'' means the travel and tourism industry in the
United States.
(b) Interim Study and Report.--
(1) In general.--Not later than 3 months after the date of
the enactment of this Act, the Secretary, after consultation
with relevant stakeholders, including the United States Travel
and Tourism Advisory Board, shall--
(A) complete an interim study, which shall be based
on data available at the time the study is conducted
and provide a framework for the study required under
subsection (c), regarding the effects of the COVID-19
pandemic on the travel and tourism industry, including
various segments of the travel and tourism industry,
such as domestic, international, leisure, business,
conventions, meetings, and events; and
(B) submit a report containing the results of such
interim study to--
(i) the Committee on Commerce, Science, and
Transportation of the Senate; and
(ii) the Committee on Energy and Commerce
of the House of Representatives.
(2) Availability.--The Secretary shall make the report
described in paragraph (1) publicly available on the website of
the Department of Commerce.
(c) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary, in consultation with the United
States Travel and Tourism Advisory Board and the head of any other
Federal agency the Secretary considers appropriate, shall complete a
study on the effects of the COVID-19 pandemic on the travel and tourism
industry, including various segments of the travel and tourism
industry, such as domestic, international, leisure, business,
conventions, meetings, and events.
(d) Matters for Consideration.--In conducting the interim study
required under subsection (b) and the study required under subsection
(c), the Secretary shall consider--
(1) changes in employment rates in the travel and tourism
industry during the pandemic period;
(2) changes in revenues of businesses in the travel and
tourism industry during the pandemic period;
(3) changes in employment and sales in industries related
to the travel and tourism industry, and changes in
contributions of the travel and tourism industry to such
related industries, during the pandemic period;
(4) the effects attributable to the changes described in
paragraphs (1) through (3) in the travel and tourism industry
and such related industries on the overall economy of the
United States, including--
(A) an analysis of regional economies (on a per
capita basis) during the pandemic period; and
(B) the projected effects of such changes on the
regional and overall economy of the United States
following the pandemic period;
(5) the effects attributable to the changes described in
paragraphs (1) through (3) in the travel and tourism industry
and such related industries on minority communities, including
Native Americans, Native Hawaiians, and Alaska Natives;
(6) reports on the economic impact of COVID-19 issued by
other Federal agencies;
(7) the costs and health benefits associated with COVID-19
requirements for air travel for entry into or exit from the
United States and any consequent disincentives for tourism;
(8) any Federal barriers that are disincentivizing
international tourism in the United States, including the
source and policy rationale for these barriers; and
(9) any additional matters that the Secretary considers
appropriate.
(e) Consultation and Public Comment.--In conducting the study
required under subsection (c), the Secretary shall--
(1) consult with representatives of--
(A) the small business sector;
(B) the restaurant or food service sector;
(C) the hotel and alternative accommodations
sector;
(D) the attractions or recreation sector;
(E) the outdoor recreation sector
(F) travel distribution services sector;
(G) destination marketing organizations;
(H) State tourism offices;
(I) the passenger air, railroad, and rental car
sectors; and
(J) labor representatives for--
(i) the sectors referred to in subparagraph
(I); and
(ii) security screening personnel
designated by the Administrator of the
Transportation Security Administration; and
(2) provide an opportunity for public comment and advice
relevant to conducting the study.
(f) Report to Congress.--
(1) In general.--Not later than 6 months after the date on
which the study required under subsection (b) is completed, the
Secretary, in consultation with the United States Travel and
Tourism Advisory Board and the head of any other Federal agency
that the Secretary considers appropriate, shall submit a report
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Energy and Commerce of the
House of Representatives that contains--
(A) the results of such study;
(B) policy recommendations for promoting and
assisting the travel and tourism industry, including in
Native American, Native Hawaiian, and Alaska Native
communities, by fully implementing the Native American
Tourism and Improving Visitor Experience Act (Public
Law 114-221); and
(C) a description of the actions that should be
taken by the Federal Government to accelerate the
implementation of travel and tourism policies and
programs authorized by law.
(2) Availability.--The Secretary shall make the report
described in paragraph (1) publicly available on the website of
the Department of Commerce.
SEC. 202. ENSURING HEALTH SAFETY IN THE SKIES.
(a) Short Title.--This section may be cited as the ``Ensuring
Health Safety in the Skies Act of 2021''
(b) Definitions.--In this section:
(1) Advisory committee.--The term ``Advisory Committee''
means the Joint Federal Advisory Committee established under
subsection (d).
(2) Air travel.--The term ``air travel'' includes
international air travel.
(3) Joint task force.--The term ``Joint Task Force'' means
the Joint Task Force on Air Travel During and After the COVID-
19 Public Health Emergency established under subsection (c)(1).
(c) Joint Task Force on Air Travel During and After the COVID-19
Public Health Emergency.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Transportation, the
Secretary of Homeland Security, and the Secretary of Health and
Human Services shall establish the Joint Task Force on Air
Travel During and After the COVID-19 Public Health Emergency.
(2) Duties.--
(A) In general.--The Joint Task Force shall develop
recommended requirements, plans, and guidelines to
address the health, safety, security, and logistical
issues relating to--
(i) the continuation of air travel during
the COVID-19 public health emergency; and
(ii) the resumption of full operations at
airports and increased passenger air travel
after the COVID-19 public health emergency.
(B) Recommendations.--The recommendations developed
under subparagraph (A), with respect to the applicable
periods described in subparagraph (C), shall include--
(i) modifying airport, air carrier,
security (including passenger security
screening), and other operations related to
passenger air travel, including passenger
queuing, boarding, deplaning, and baggage
handling procedures, as a result of--
(I) current and anticipated changes
to passenger air travel during and
after the COVID-19 public health
emergency; and
(II) anticipated changes to
passenger air travel resulting from any
seasonal recurrence of the coronavirus;
(ii) mitigating the public health and
economic impacts of the COVID-19 public health
emergency and any seasonal recurrence of the
coronavirus on airports and passenger air
travel (including through the use of personal
protective equipment, the implementation of
strategies to promote overall passenger and
employee safety, and the accommodation of
social distancing as feasible and necessary);
(iii) addressing privacy and civil liberty
issues that may arise from passenger health
screenings, contact-tracing, or other processes
used to monitor the health of individuals
engaged in air travel; and
(iv) operating procedures to manage future
public health crises that can be anticipated,
to the extent such public health crises may
impact air travel.
(C) Applicable periods.--The applicable periods
described in this subparagraph are--
(i) the period beginning on the date of the
first meeting of the Joint Task Force and
ending on the last day of the COVID-19 public
health emergency; and
(ii) the 1-year period beginning on the day
after the end of the period described in clause
(i).
(3) Activities of the joint task force.--
(A) In general.--In developing the recommended
requirements, plans, and guidelines under paragraph
(2), and before including such recommendations in the
final report required under subsection (e)(2), the
Joint Task Force shall--
(i) conduct cost-benefit evaluations
regarding such recommendations, including costs
impacting air operations and impacts on air
travel;
(ii) consider funding constraints;
(iii) use risk-based decision-making; and
(iv) consult with the Advisory Committee
established under subsection (d)(1) and
consider any consensus policy recommendations
of the Advisory Committee submitted under
subsection (d)(2).
(B) International consultation.--The Joint Task
Force shall consult, as practicable, with relevant
international entities and operators, including the
International Civil Aviation Organization, to harmonize
(to the extent possible) recommended requirements,
plans, and guidelines for air travel during and after
the COVID-19 public health emergency.
(4) Membership.--
(A) Chair.--The Secretary of Transportation (or the
Secretary's designee) shall serve as Chair of the Joint
Task Force.
(B) Vice-chair.--The Secretary of Health and Human
Services (or the Secretary's designee) shall serve as
Vice Chair of the Joint Task Force.
(C) Other members.--In addition to the Chair and
Vice Chair, the members of the Joint Task Force shall
include representatives of--
(i) the Department of Transportation;
(ii) the Department of Homeland Security;
(iii) the Department of Health and Human
Services;
(iv) the Federal Aviation Administration;
(v) the Transportation Security
Administration;
(vi) U.S. Customs and Border Protection;
(vii) the Centers for Disease Control and
Prevention;
(viii) the Occupational Safety and Health
Administration;
(ix) the National Institute for
Occupational Safety and Health;
(x) the Pipeline and Hazardous Materials
Safety Administration;
(xi) the Department of State; and
(xii) the Environmental Protection Agency.
(d) Joint Federal Advisory Committee.--
(1) Establishment.--Not later than 15 days after the date
on which the Joint Task Force is established pursuant to
subsection (c)(1), the Secretary of Transportation, in
consultation with the Secretary of Homeland Security and the
Secretary of Health and Human Services, shall establish a Joint
Federal Advisory Committee to advise the Joint Task Force.
(2) Duties of the advisory committee.--The Advisory
Committee shall develop and submit consensus policy
recommendations to the Joint Task Force for the Joint Task
Force to consider when developing recommendations under
subsection (c)(2).
(3) Membership.--The members of the Advisory Committee
shall include representatives of--
(A) airport operators designated by the Secretary
of Transportation in consultation with the Secretary of
Homeland Security;
(B) air carriers designated by the Secretary of
Transportation;
(C) aircraft and aviation manufacturers designated
by the Secretary of Transportation;
(D) labor organizations representing--
(i) aviation industry workers (including
pilots, flight attendants, engineers,
maintenance, mechanics, air traffic
controllers, safety inspectors, and workers
performing airport services such as security,
terminal and cabin cleaning, passenger
assistance, and aircraft loading) designated by
the Secretary of Transportation; and
(ii) security screening personnel
designated by the Secretary of Homeland
Security;
(E) public health experts designated by the
Secretary of Health and Human Services;
(F) organizations designated by the Secretary of
Transportation that represent airline passengers;
(G) privacy and civil liberty organizations
designated by the Secretary of Homeland Security;
(H) manufacturers and integrators of passenger
screening and identity verification technologies
designated by the Secretary of Homeland Security;
(I) trade associations representing air carriers
(including major passenger air carriers, low-cost
passenger air carriers, regional passenger air
carriers, cargo air carriers, and foreign passenger air
carriers) designated by the Secretary of
Transportation, in consultation with the Secretary of
Homeland Security;
(J) trade associations representing airport
operators (including large hub, medium hub, small hub,
nonhub primary, and nonprimary commercial service
airports) designated by the Secretary of
Transportation, in consultation with the Secretary of
Homeland Security; and
(K) aviation contractors designated by the
Secretary of Transportation.
(4) Vacancies.--Any vacancy in the membership of the
Advisory Committee shall not affect its responsibilities, but
shall be filled in the same manner as the original appointment
and in accordance with the Federal Advisory Committee Act (5
U.S.C. App).
(5) Prohibition on compensation.--The members of the
Advisory Committee shall not receive any compensation from the
Federal Government by reason of their service on the Advisory
Committee.
(6) Publication.--Not later than 14 days after the date on
which the Advisory Committee submits policy recommendations to
the Joint Task Force pursuant to paragraph (2), the Secretary
of Transportation shall publish such policy recommendations on
a publicly accessible website.
(e) Briefings and Reports.--
(1) Preliminary briefings.--As soon as practicable, but not
later than 6 months after the date on which the Joint Task
Force is established pursuant to subsection (c)(1), the Joint
Task Force shall begin providing preliminary briefings to
Congress regarding the status of the development of the
recommended requirements, plan, and guidelines under subsection
(c)(2). The preliminary briefings shall include interim
versions, if any, of the recommendations of the Joint Task
Force.
(2) Final report.--
(A) Deadline.--As soon as practicable, but not
later than 18 months after the date of enactment of
this Act, the Joint Task Force shall submit a final
report to Congress.
(B) Content.--The final report shall include--
(i)(I) all of the recommended requirements,
plans, and guidelines developed by the Joint
Task Force pursuant to subsection (c)(2); and
(II) a description of any action taken by
the Federal Government as a result of the
recommendations referred to in subclause (I);
and
(ii)(I) consensus policy recommendations
submitted by the Advisory Committee pursuant to
subsection (d)(2); and
(II) an explanation (including data and
risk analysis) of any action by the Joint Task
Force in response to the recommendations
referred to in subclause (I).
(f) Termination.--The Joint Task Force and the Advisory Committee
shall terminate on the date that is 30 days after the date on which the
Joint Task Force submits the final report required under subsection
(e)(2).
SEC. 203. FEASIBILITY STUDY ON THE USE OF CANINE UNITS TO DETECT COVID-
19 AT AIRPORTS.
(a) In General.--The Administrator of the Transportation Security
Administration, in consultation with the Secretary of Transportation,
the Secretary of Homeland Security, the Director of the Centers for
Disease Control and Prevention, and the Secretary of Defense, shall
conduct a study to assess--
(1) the feasibility of using canines to detect the presence
of SARS-CoV-2, the virus that causes the coronavirus disease
2019 (commonly known as ``COVID-19''), in individuals infected
with the virus;
(2) if using canines to detect the presence of SARS-CoV-2
is feasible, whether canine units could be used at airports to
screen passengers, individuals accompanying passengers, crew
members, and other individuals who pass through airports and
airport security screening locations for SARS-CoV-2 infection;
and
(3) if using canine units to conduct screening described in
paragraph (2) is feasible, how such screening would be
implemented and what metrics would be used to monitor the
efficacy of the screening.
(b) Assessment of Efficacy.--
(1) In general.--In conducting the study required under
subsection (a), the Administrator shall conduct a comprehensive
review and analysis of SARS-CoV-2 detection solutions to
determine the efficacy of canines to detect SARS-CoV-2 in
individuals.
(2) Use of review.--The Administrator shall use the results
of the review and analysis required under paragraph (1)--
(A) to determine the biological detection
capabilities of canines; and
(B) to inform the operational factors and
considerations necessary for the deployment of canine
units at airports to detect SARS-CoV-2.
(c) Additional Elements.--In conducting the assessments required
under subsections (a) and (b), the Administrator shall--
(1) assess the probability of canines responding to the
presence of SARS-CoV-2;
(2) determine the specificity of response by canines to
SARS-CoV-2 compared to their response to a pool of similar
viruses and controls;
(3) assess how close canine units must be to individuals to
detect SARS-CoV-2 at a high sensitivity and specificity;
(4) assess the effectiveness of canine units in detecting
SARS-CoV-2 in symptomatic carriers compared to asymptomatic
carriers;
(5) assess other valid measures to determine the efficacy
of using canine units to screen for SARS-CoV-2 at airports,
such as the accuracy of detection and the risks of false
positives and false negatives;
(6) identify training and policy gaps that must be
addressed before implementing a program to use canine units at
airports to screen passengers, individuals accompanying
passengers, crew members, and other individuals who pass
through airports and airport security screening locations, for
infection with SARS-CoV-2; and
(7) assess--
(A) the number of canine units the Administrator
would require in order to effectively implement a
program to use canine units at airports to screen
passengers, individuals accompanying passengers, crew
members, and other individuals who pass through
airports and airport security screening locations for
infection with SARS-CoV-2; and
(B) the effect that such screenings would have on
the Transportation Security Administration's existing
pool of canine units.
(d) Considerations.--In conducting the study required under
subsection (a), the Administrator shall consider--
(1) opportunities to leverage established, preexisting
scientific information regarding detection of SARS-CoV-2 by
canines;
(2) established programs in foreign countries related to
detection of SARS-CoV-2 by canine units;
(3) detection approaches and solutions related to the
optimization of detection of SARS-CoV-2 by canines; and
(4) private industry approaches aimed to facilitate
detection of SARS-CoV-2 using canine units.
(e) Third-Party Validation and Verification.--The Administrator
shall ensure that any screening solutions developed pursuant to the
study required under subsection (a) undergo validation and verification
analysis by a third party with appropriate expertise to ensure accuracy
of data obtained from the study.
(f) Report Required.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate, the
Committee on Armed Services of the Senate, the Committee on Health,
Education, Labor, and Pensions of the Senate, the Committee on Homeland
Security of the House of Representatives, the Committee on Armed
Services of the House of Representatives, and the Committee on Energy
and Commerce of the House of Representatives that--
(1) describes the results of the study required under
subsection (a), including the assessments required under
subsections (b) and (c); and
(2) makes a recommendation with respect to whether canine
units at airports could be trained effectively and efficiently
to screen passengers, individuals accompanying passengers, crew
members, and other individuals who pass through airports and
airport security screening locations, for infection with SARS-
CoV-2.
Subtitle B--One-Stop Security
SEC. 211. SHORT TITLE.
This subtitle may be cited as the ``One-Stop Pilot Program Act of
2021''.
SEC. 212. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Homeland Security of the House
of Representatives.
(3) TSA.--The term ``TSA'' means the Transportation
Security Administration of the Department of Homeland Security.
SEC. 213. PILOT PROGRAM FOR ONE-STOP SECURITY.
(a) In General.--Notwithstanding 44901(a) of title 49, United
States Code, the Administrator, in coordination with the Commissioner
of U.S. Customs and Border Protection, may establish a pilot program at
not more than 6 foreign last point of departure airports to permit
passengers and their accessible property arriving on direct flights or
flight segments originating at such participating foreign airports to
continue on additional flights or flight segments originating in the
United States without additional security re-screening if--
(1) the initial screening was conducted in accordance with
an aviation security screening agreement described in
subsection (d);
(2) passengers arriving from participating foreign airports
are unable to access their checked baggage until the arrival at
their final destination; and
(3) upon arrival in the United States, passengers arriving
from participating foreign airports do not come into contact
with other arriving international passengers, those passengers'
property, or other persons who have not been screened or
subjected to other appropriate security controls required for
entry into the airport's sterile area.
(b) Requirements for Pilot Program.--In carrying out this section,
the Administrator shall ensure that there is no reduction in the level
of security or specific TSA aviation security standards or requirements
for screening passengers and their property prior to boarding an
international flight bound for the United States, including specific
aviation security standards and requirements regarding--
(1) high risk passengers and their property;
(2) weapons, explosives, and incendiaries;
(3) screening passengers and property transferring at a
foreign last point of departure airport from another airport
and bound for the United States, and addressing any co-mingling
of such passengers and property with passengers and property
screened under the pilot program described in subsection (a);
and
(4) insider risk at foreign last point of departure
airports.
(c) Re-Screening of Checked Baggage.--Subject to subsection (e),
the Administrator may determine whether checked baggage arriving from
participating foreign airports referenced in subsection (a) that screen
using an explosives detection system must be rescreened in the United
States by an explosives detection system before such baggage continues
on any additional flight or flight segment.
(d) Aviation Security Screening Agreement.--An aviation security
screening agreement described in this subsection is a treaty, executive
agreement, or other international arrangement that--
(1) is signed by the Administrator, without delegating such
authority; and
(2) is entered into with a foreign country that delineates
and implements security standards and protocols utilized at a
foreign last point of departure airport that are determined by
the Administrator--
(A) to be comparable to those of the United States;
and
(B) sufficiently effective to enable passengers and
their accessible property to deplane into sterile areas
of airports in the United States without the need for
re-screening.
(e) Re-Screening Requirement.--
(1) In general.--If the Administrator determines that a
foreign country participating in the aviation security
screening agreement has not maintained and implemented security
standards and protocols comparable to those of the United
States at foreign last point of departure airports at which a
pilot program has been established in accordance with this
section, the Administrator shall ensure that passengers and
their property arriving from such airports are re-screened in
the United States, including by using explosives detection
systems in accordance with section 44901(d)(1) of title 49,
United States Code, and implementing regulations, before such
passengers and their property are permitted into sterile areas
of airports in the United States.
(2) Consultation.--If the Administrator has reasonable
grounds to believe that the other party to an aviation security
screening agreement has not complied with such agreement, the
Administrator shall request immediate consultation with such
party.
(3) Suspension or termination of agreement.--If a
satisfactory agreement between TSA and a foreign country is not
reached within 45 days after a consultation request under
paragraph (2) or in the case of the foreign country's continued
or egregious failure to maintain the security standards and
protocols described in paragraph (1), the Administrator shall--
(A) suspend or terminate the aviation security
screening agreement with such country, as determined
appropriate by the Administrator; and
(B) notify the appropriate congressional committees
of such consultation, suspension, or termination, as
the case may be, not later than 7 days after such
consultation, suspension, or termination.
(f) Briefings to Congress.--Not later than 45 days before an
aviation security screening agreement described in subsection (d)
enters into force, the Administrator shall submit to the appropriate
congressional committees--
(1) an aviation security threat assessment for the country
in which such foreign last point of departure airport is
located;
(2) information regarding any corresponding mitigation
efforts to address any security issues identified in such
threat assessment, including any plans for joint covert
testing;
(3) information on potential security vulnerabilities
associated with commencing such agreements and mitigation plans
to address such potential security vulnerabilities;
(4) an assessment of the impacts that such agreement will
have on aviation security;
(5) an assessment by TSA of the screening performed at
foreign last point of departure airports, including the
feasibility of TSA personnel monitoring screening, security
protocols, and standards;
(6) information regarding identifying the entity or
entities responsible for screening passengers and property at
the foreign last point of departure airport;
(7) the name of the entity or local authority and any
contractor or subcontractor party to the agreement;
(8) information regarding the screening requirements under
subsection (e);
(9) details regarding information sharing mechanisms
between the Department of Homeland Security and the foreign
last point of departure airport, screening authority, or entity
responsible for screening, as required by law, regulation, or
an aviation screening agreement described in subsection (d);
and
(10) a copy of the aviation security screening agreement,
which shall identify the foreign last point of departure
airport or airports at which a pilot program under this section
is to be established.
(g) Certifications Relating to the Pilot Program for One-Stop
Security.--For each aviation security screening agreement described in
subsection (d), the Administrator shall submit to the appropriate
congressional committees--
(1)(A) a certification that such agreement satisfies all of
the requirements specified in subsection (b); or
(B) in the event that 1 or more of such requirements are
not so satisfied, a description of the unsatisfied requirement
and information on what actions the Administrator will take to
ensure that such remaining requirements are satisfied before
such agreement enters into force;
(2) a certification that TSA and U.S. Customs and Border
Protection have ensured that any necessary physical
modifications or appropriate mitigations exist in the domestic
one-stop security pilot program airport prior to receiving
international passengers from a last point of departure airport
under the aviation security screening agreement;
(3) a certification that a foreign last point of departure
airport covered by an aviation security screening agreement has
an operation to screen all checked bags as required by law,
regulation, or international agreement, including the full
utilization of Explosives Detection Systems to the extent
practicable;
(4) a certification that the Administrator consulted with
stakeholders, including air carriers, aviation nonprofit labor
organizations, airport operators, relevant interagency
partners, and other stakeholders that the Administrator
determines appropriate.
(h) Report to Congress.--Not later than 5 years after the date of
the enactment of this Act, the Secretary of Homeland Security, in
coordination with the Administrator, shall submit a report to the
appropriate congressional committees regarding the implementation of
the pilot program authorized under this section, including information
relating to--
(1) the impact of such program on homeland security and
international aviation security, including any benefits and
challenges of such program;
(2) the impact of such program on passengers, airports, and
air carriers, including any benefits and challenges of such
program; and
(3) the impact and feasibility of continuing such program
or expanding it into a more permanent program, including any
benefits and challenges of such continuation or expansion.
(i) Rule of Construction.--Nothing in this section may be construed
as limiting the authority of U.S. Customs and Border Protection to
inspect persons and baggage arriving in the United States in accordance
with applicable law.
(j) Sunset.--The pilot program authorized under this section shall
terminate on the date that is 6 years after the date of the enactment
of this Act.
Calendar No. 229
117th CONGRESS
1st Session
S. 3375
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A BILL
To promote travel and tourism in the United States, to improve the
health safety and security of international flights entering the United
States, and for other purposes.
_______________________________________________________________________
December 17, 2021
Reported with an amendment