[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8737 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8737

To establish a temperature checks pilot program for air transportation, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 12, 2020

  Mr. Carbajal (for himself, Mr. Norman, Mr. Budd, and Mr. Larson of 
 Connecticut) introduced the following bill; which was referred to the 
  Committee on Homeland Security, and in addition to the Committee on 
  Transportation and Infrastructure, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To establish a temperature checks pilot program for air transportation, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fly Safe and Healthy Act of 2020''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Transportation Security Administration.
            (2) Air transportation.--The term ``air transportation'' 
        has the meaning given that term in section 40102 of title 49, 
        United States Code.
            (3) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means the Committee on 
        Commerce, Science, and Transportation of the Senate, the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate, the Committee on Transportation and Infrastructure of 
        the House of Representatives, and the Committee on Homeland 
        Security of the House of Representatives.
            (4) Covid-19 public health emergency.--The term ``COVID-19 
        public health emergency'' means the public health emergency 
        first declared on January 31, 2020, by the Secretary of Health 
        and Human Services under section 319 of the Public Health 
        Service Act (42 U.S.C. 247d) with respect to the 2019 Novel 
        Coronavirus (COVID-19) and includes any renewal of such 
        declaration pursuant to such section 319.
            (5) Fever.--The term ``fever'' means 100.4 degrees 
        Fahrenheit or higher, or the meaning given that term pursuant 
        to guidelines of the Centers for Disease Control and Prevention 
        related to COVID-19.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (7) Sterile area.--The term ``sterile area'' has the 
        meaning given that term in section 1540.5 of title 49, Code of 
        Federal Regulations (or any successor regulation).
            (8) Temperature check.--The term ``temperature check'' 
        means the screening of individuals for a fever.

SEC. 3. TEMPERATURE CHECKS PILOT PROGRAM.

    (a) In General.--Not later than 30 days after the enactment of this 
Act, the Administrator, in consultation with the Secretary, the 
Secretary of Homeland Security, the Secretary of Health and Human 
Services, and the Director of the Centers for Disease Control and 
Prevention, shall establish a 120-day pilot program to conduct 
temperature checks for domestic and international passengers, 
individuals accompanying those passengers, crew members, and other 
individuals who pass through airports and airport security screening 
locations (referred to in this section as the ``pilot program''). The 
Administrator shall select airports that represent diverse operating 
conditions, such as high, medium, and low passenger throughput, and 
locations for the pilot program.
    (b) Screening.--The pilot program shall require screening of 
passengers, individuals accompanying those passengers, crew members, 
and other individuals who pass through airports and airport security 
screening locations for fevers. An individual who is found to have a 
fever may be subject to secondary medical screening. An individual who 
registers a fever during a temperature check conducted under the pilot 
program shall be denied admission to the sterile area of the airport.
    (c) Elements.--In developing the pilot program, the Administrator 
shall address--
            (1) the types of technology that may be used to conduct 
        temperature checks;
            (2) policies applicable to screening procedures;
            (3) procedures for individuals who register a fever, which 
        may include secondary screening by a medical professional;
            (4) mechanisms for protecting the privacy and medical 
        information of individuals subjected to temperature checks;
            (5) procedures for accommodating individuals with 
        disabilities or observing certain religious practices, as 
        appropriate;
            (6) procedures for exempting individuals who may have a 
        fever unrelated to COVID-19; and
            (7) training on the policies, procedures, and equipment for 
        employees responsible for implementing the pilot program.
    (d) Equipment.--The Administrator only may conduct temperature 
checks under the program established under this section using a device 
lawfully manufactured and distributed, or a device manufactured and 
distributed in accordance with guidance issued by the Secretary of 
Health and Human Services, to measure the body temperature of a person.
    (e) Procurement and Coordination.--The Administrator, in 
coordination with the Commissioner of U.S. Customs and Border 
Protection, shall procure temperature screening equipment and implement 
best practices for conducting passenger temperature checks under the 
pilot program.
    (f) Partnerships.--The Administrator may enter into partnerships or 
contracts with private entities, universities or other academic 
institutions, national laboratories, or public health authorities to 
develop, evaluate, or improve technology for purposes of detecting 
fevers or conducting secondary medical screening under the pilot 
program.
    (g) Treatment of Passengers Prohibited From Flying.--The pilot 
program shall require air carriers to permit a passenger who is 
prohibited from flying because they have a fever or as a result of a 
secondary medical screening to reschedule or cancel the flight the 
passenger was ticketed for at no cost to the passenger.
    (h) Program for Remainder of COVID-19 Public Health Emergency.--Not 
later than 90 days after the completion of the pilot program, based on 
the results of the pilot program and the most up-to-date and best 
available public health information, data, and evidence-based or 
evidence-informed scientific information, the Administrator, in 
coordination with the Secretary, the Secretary of Homeland Security, 
the Secretary of Health and Human Services, and the Director of the 
Centers for Disease Control and Prevention, shall issue policy for 
deploying a temperature check program at airports and airport security 
screening locations through the end of the COVID-19 public health 
emergency for domestic and international passengers, individuals 
accompanying those passengers, crew members, and other individuals who 
pass through airports and airport security screening locations.
    (i) Authority.--The Administrator may issue regulations to 
implement the temperature check program under subsection (g), including 
with respect to secondary screening requirements.

SEC. 4. INCLUSION OF INFORMATION ABOUT TRAVELING DURING PUBLIC HEALTH 
              EMERGENCIES IN PASSENGER NOTIFICATION SYSTEM.

    (a) In General.--The Secretary shall revise section 175.25 of title 
49, Code of Federal Regulations, to require the inclusion in the 
passenger notification system during the COVID-19 public health 
emergency of--
            (1) relevant guidelines relating to safe traveling in air 
        transportation;
            (2) a message discouraging any individual who has a fever 
        from traveling in air transportation; and
            (3) a notification that each passenger and any individual 
        accompanying a passenger into the sterile area of the airport 
        will undergo a temperature check if the pilot program 
        established under section 3 is in effect in that airport.
    (b) Timelines.--The Secretary shall--
            (1) revise section 175.25 of title 49, Code of Federal 
        Regulations, in accordance with the requirements of subsection 
        (a) not later than 30 days after the date of enactment of this 
        Act; and
            (2) provide for the implementation of such revisions not 
        later than 90 days after such date of enactment.
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