[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3681 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 508
116th CONGRESS
  2d Session
                                S. 3681

                          [Report No. 116-246]

To require a joint task force on the operation of air travel during and 
          after the COVID-19 pandemic, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2020

   Mr. Blumenthal (for Mr. Markey (for himself and Mr. Blumenthal)) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

                             August 6, 2020

Reported by Mr. Wicker, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To require a joint task force on the operation of air travel during and 
          after the COVID-19 pandemic, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Restoring Safety in the 
Skies Act of 2020''.</DELETED>

<DELETED>SEC. 2. JOINT TASK FORCE ON THE OPERATION OF AIR 
              TRAVEL.</DELETED>

<DELETED>    (a) In General.--The Secretary of Health and Human 
Services, the Secretary of Homeland Security, and the Secretary of 
Transportation shall form a Joint Task Force on the Operation of Air 
Travel during and after the COVID-19 pandemic (in this section referred 
to as the ``Joint Task Force'').</DELETED>
<DELETED>    (b) Duties.--The Joint Task Force shall develop plans, 
guidelines, and recommended requirements to address the logistical, 
health, safety, and security issues relating to the continued operation 
of air travel during the COVID-19 pandemic, as well as the resumption 
of full operations at airports and increased passenger air travel after 
the COVID-19 pandemic ends. The Joint Task Force shall develop, at a 
minimum, plans, guidelines, and recommended requirements for--
</DELETED>
        <DELETED>    (1) the immediate period after the end of the 
        COVID-19 pandemic;</DELETED>
        <DELETED>    (2) ongoing periods after the end of the COVID-19 
        pandemic;</DELETED>
        <DELETED>    (3) reconfiguring and reforming airport and travel 
        operations, including passenger queuing and security screening, 
        as a result of current and anticipated permanent changes to 
        passenger air travel during and after the COVID-19 pandemic, as 
        well as the anticipated seasonal recurrence of the 
        coronavirus;</DELETED>
        <DELETED>    (4) reconfiguring and reforming the airplane 
        boarding and deplaning processes, as well as baggage handling 
        procedures, as a result of current and anticipated permanent 
        changes to passenger air travel during and after the COVID-19 
        pandemic, as well as the anticipated seasonal recurrence of the 
        coronavirus;</DELETED>
        <DELETED>    (5) mitigating the public health and economic 
        impacts of the COVID-19 pandemic and the anticipated seasonal 
        recurrence of the coronavirus on airports and passenger air 
        travel, including, but not limited to, the provision of 
        personal protective equipment to aviation employees, the need 
        for travelers to wear face masks, and the accommodation of 
        social distancing;</DELETED>
        <DELETED>    (6) addressing the privacy and civil liberty 
        concerns created by passenger health screenings, contact-
        tracing, or any other process for monitoring the health of 
        individuals engaged in air travel; and</DELETED>
        <DELETED>    (7) operating procedures to manage future 
        anticipated public health crises affecting air 
        travel.</DELETED>
<DELETED>    (c) Membership.--The Joint Task Force shall include, at a 
minimum, representatives of the following:</DELETED>
        <DELETED>    (1) The Department of Transportation.</DELETED>
        <DELETED>    (2) The Department of Homeland Security.</DELETED>
        <DELETED>    (3) The Department of Health and Human 
        Services.</DELETED>
        <DELETED>    (4) The Federal Aviation Administration.</DELETED>
        <DELETED>    (5) The Transportation Security 
        Administration.</DELETED>
        <DELETED>    (6) U.S. Customs and Border Protection.</DELETED>
        <DELETED>    (7) The Centers for Disease Control and 
        Prevention.</DELETED>
        <DELETED>    (8) Airport operators.</DELETED>
        <DELETED>    (9) Airlines.</DELETED>
        <DELETED>    (10) Aircraft manufacturers.</DELETED>
        <DELETED>    (11) Labor organizations representing aviation 
        industry workers, including pilots, flight attendants, 
        maintenance, and safety inspectors.</DELETED>
        <DELETED>    (12) Public health experts.</DELETED>
        <DELETED>    (13) Consumers and passenger rights 
        organizations.</DELETED>
        <DELETED>    (14) Privacy and civil liberty 
        organizations.</DELETED>
        <DELETED>    (15) Manufacturers of passenger screening 
        technologies.</DELETED>
<DELETED>    (d) Reports.--</DELETED>
        <DELETED>    (1) Preliminary report with emergency 
        recommendations.--As soon as practicable after the 
        establishment of the Joint Task Force, the Joint Task Force 
        shall submit a preliminary report to Congress that contains the 
        plans, guidelines, and recommended requirements necessary to 
        ensure safe air travel before the COVID-19 pandemic ends and 
        during the immediate period after the end of such pandemic. The 
        Joint Task Force may submit the preliminary report required 
        under this paragraph in installments and may include interim 
        versions of the Joint Task Force's plans, guidelines, and 
        recommended requirements.</DELETED>
        <DELETED>    (2) Final report.--Not later than 6 months after 
        the date of the enactment of this Act, the Joint Task Force 
        shall submit a final report to Congress that contains all of 
        the plans, guidelines, and recommended requirements developed 
        by the Joint Task Force, including any revised or finalized 
        plans, guidelines, or recommended requirements that were 
        included in an interim version in the preliminary report (or an 
        installment of such report) submitted to Congress as required 
        under paragraph (1).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring Health Safety in the Skies 
Act of 2020''.

SEC. 2. JOINT TASK FORCE ON AIR TRAVEL.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Secretary of Transportation, the Secretary of Homeland 
Security, and the Secretary of Health and Human Services, shall 
establish a Joint Task Force on Air Travel During and After the COVID-
19 Public Health Emergency (in this section referred to as the ``Joint 
Task Force'').
    (b) Duties.--
            (1) In general.--The Joint Task Force shall develop 
        recommended requirements, plans, and guidelines to address the 
        health, safety, security, and logistical issues relating to the 
        continuation of air travel during the COVID-19 Public Health 
        Emergency, and with respect to the resumption of full 
        operations at airports and increased passenger air travel after 
        the COVID-19 Public Health Emergency ends. The Joint Task Force 
        shall develop, at a minimum, recommended requirements, plans, 
        and guidelines as appropriate, with respect to each of the 
        applicable periods described in paragraph (2) for--
                    (A) reforming airport, air carrier, security, and 
                other passenger air travel-related operations, 
                including passenger queuing, passenger security 
                screening, boarding, deplaning, and baggage handling 
                procedures, as a result of--
                            (i) current and anticipated changes to 
                        passenger air travel during the COVID-19 Public 
                        Health Emergency and after that emergency ends; 
                        and
                            (ii) anticipated changes to passenger air 
                        travel as a result of the projected seasonal 
                        recurrence of the coronavirus;
                    (B) mitigating the public health and economic 
                impacts of the COVID-19 Public Health Emergency and the 
                projected seasonal recurrence of the coronavirus on 
                airports and passenger air travel, including through 
                the use of personal protective equipment for passengers 
                and employees, the implementation of strategies to 
                promote overall passenger and employee safety, and the 
                accommodation of social distancing as necessary;
                    (C) addressing the privacy and civil liberty 
                concerns created by passenger health screenings, 
                contact-tracing, or any other process for monitoring 
                the health of individuals engaged in air travel; and
                    (D) operating procedures to manage future public 
                health crises affecting air travel.
            (2) Applicable periods.--For purposes of paragraph (1), the 
        applicable periods are the following:
                    (A) The period beginning with the date of the first 
                meeting of the Joint Task Force and ending with the 
                date on which the COVID-19 Public Health Emergency 
                ends.
                    (B) The 1-year period beginning on the day after 
                the period described in subparagraph (A) ends.
    (c) Requirements.--
            (1) In general.--In developing the recommended 
        requirements, plans, and guidelines under subsection (b), and 
        prior to including them in the final report required under 
        subsection (f)(2), the Joint Task Force shall--
                    (A) consider the consensus recommendations of the 
                Advisory Committee established under subsection (e);
                    (B) conduct cost-benefit evaluations;
                    (C) consider funding constraints; and
                    (D) use risk-based decision-making.
            (2) International consultation.--The Joint Task Force shall 
        consult, as practicable, with relevant international entities 
        and operators, including the International Civil Aviation 
        Organization, towards the goal of maximizing the harmonization 
        of recommended requirements, plans, and guidelines for air 
        travel during and after the COVID-19 Public Health Emergency.
    (d) Membership.--
            (1) Chair.--The Secretary of Transportation (or the 
        Secretary's designee) shall serve as Chair of the Joint Task 
        Force.
            (2) Vice-chair.--The Secretary of Health and Human Services 
        (or the Secretary's designee) shall serve as Vice Chair of the 
        Joint Task Force.
            (3) Other members.--In addition to the Chair and Vice 
        Chair, the members of the Joint Task Force shall include 
        representatives of the following:
                    (A) The Department of Transportation.
                    (B) The Department of Homeland Security.
                    (C) The Department of Health and Human Services.
                    (D) The Federal Aviation Administration.
                    (E) The Transportation Security Administration.
                    (F) U.S. Customs and Border Protection.
                    (G) The Centers for Disease Control and Prevention.
                    (H) The Occupational Safety and Health 
                Administration.
                    (I) The National Institute for Occupational Safety 
                and Health.
                    (J) The Pipeline and Hazardous Materials Safety 
                Administration.
                    (K) The Department of State.
                    (L) The Environmental Protection Agency.
    (e) Advisory Committee.--
            (1) Establishment.--Not later than 15 days after the date 
        on which the Joint Task Force is established under subsection 
        (a), 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 (in this section 
        referred to as the ``Advisory Committee'').
            (2) Membership.--The members of the Advisory Committee 
        shall include representatives of the following:
                    (A) Airport operators designated by the Secretary 
                of Transportation in consultation with Secretary of 
                Homeland Security.
                    (B) Air carriers designated by the Secretary of 
                Transportation in consultation with Secretary of 
                Homeland Security.
                    (C) Aircraft and aviation manufacturers designated 
                by the Secretary of Transportation.
                    (D) Labor organizations representing aviation 
                industry workers, including, but not limited to, 
                pilots, flight attendants, maintenance, mechanics, air 
                traffic controllers, and safety inspectors, designated 
                by the Secretary of Transportation.
                    (E) Public health experts designated by the 
                Secretary of Health and Human Services.
                    (F) Consumers and air passenger rights 
                organizations designated by the Secretary of 
                Transportation in consultation with Secretary of 
                Homeland Security.
                    (G) Privacy and civil liberty organizations 
                designated by the Secretary of Homeland Security.
                    (H) Manufacturers and integrators of air passenger 
                screening and identity verification technologies 
                designated by the Secretary of Homeland Security.
                    (I) Trade associations representing air carriers, 
                including, but not limited to, major air carriers, low 
                cost carriers, regional air carriers, cargo air 
                carriers, and foreign air carriers, designated by the 
                Secretary of Transportation in consultation with 
                Secretary of Homeland Security.
                    (J) Trade associations representing airport 
                operators designated by the Secretary of Transportation 
                in consultation with Secretary of Homeland Security.
            (3) 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.).
            (4) Duties.--
                    (A) In general.--The Advisory Committee shall 
                develop and submit policy recommendations to the Joint 
                Task Force regarding the recommended requirements, 
                plans, and guidelines to be developed by the Joint Task 
                Force under subsection (b).
                    (B) Publication.--Not later than 14 days after the 
                date on which the Advisory Committee submits policy 
                recommendations to the Joint Task Force in accordance 
                with subparagraph (A), the Secretary of Transportation 
                shall publish the policy recommendations on a publicly 
                accessible website.
            (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.
    (f) Briefings and Reports.--
            (1) Preliminary briefings.--As soon as practicable, but not 
        later than 6 months after the establishment of the Joint Task 
        Force, the Joint Task Force shall begin providing preliminary 
        briefings for Congress on the status of the development of the 
        recommended requirements, plans, and guidelines under 
        subsection (b). The preliminary briefings shall include interim 
        versions, if any, of the Joint Task Force's recommendations.
            (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 the 
                following:
                            (i) All of the recommended requirements, 
                        plans, and guidelines developed by the Joint 
                        Task Force.
                            (ii) A description of any actions taken by 
                        the Federal Government as a result of such 
                        recommendations.
    (g) Termination.--The Joint Task Force and Advisory Committee shall 
terminate 30 days after the date on which the Joint Task Force submits 
the final report required under subsection (f)(2).
    (h) Definition.--In this section, 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 
COVID-19 and includes any renewal of such declaration pursuant to such 
section 319.
            Amend the title so as to read: ``A bill to require a joint 
        task force on air travel during and after the COVID-19 Public 
        Health Emergency, and for other purposes.''.
                                                       Calendar No. 508

116th CONGRESS

  2d Session

                                S. 3681

                          [Report No. 116-246]

_______________________________________________________________________

                                 A BILL

To require a joint task force on the operation of air travel during and 
          after the COVID-19 pandemic, and for other purposes.

_______________________________________________________________________

                             August 6, 2020

        Reported with an amendment and an amendment to the title