[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 316 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 207
117th CONGRESS
  1st Session
                                 S. 316

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2021

  Ms. Cantwell (for herself and Mr. Scott of Florida) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

                           December 17, 2021

              Reported by Ms. Cantwell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


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

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

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

<DELETED>    This Act may be cited as the ``Fly Safe and Healthy Act of 
2021''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

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

<DELETED>SEC. 3. TEMPERATURE CHECKS PILOT PROGRAM.</DELETED>

<DELETED>    (a) In General.--Not later than 30 days after the 
enactment of this Act, the Administrator, in consultation with the 
Secretary, the Secretary of Homeland Security, the Secretary of Health 
and Human Services, and the Director of the Centers for Disease Control 
and Prevention, shall establish a 120-day pilot program to conduct 
temperature checks for domestic and international passengers, 
individuals accompanying those passengers, crew members, and other 
individuals who pass through airports and airport security screening 
locations (referred to in this section as the ``pilot program''). The 
Administrator shall select airports that represent diverse operating 
conditions, such as high, medium, and low passenger throughput, and 
locations for the pilot program.</DELETED>
<DELETED>    (b) Screening.--The pilot program shall require screening 
of passengers, individuals accompanying those passengers, crew members, 
and other individuals who pass through airports and airport security 
screening locations for fevers. An individual who is found to have a 
fever shall be subject to secondary medical screening. An individual 
who registers a fever during a temperature check conducted under the 
pilot program shall be denied admission to the sterile area of the 
airport.</DELETED>
<DELETED>    (c) Elements.--In developing the pilot program, the 
Administrator shall address--</DELETED>
        <DELETED>    (1) the types of technology that may be used to 
        conduct temperature checks;</DELETED>
        <DELETED>    (2) policies applicable to screening 
        procedures;</DELETED>
        <DELETED>    (3) procedures for individuals who register a 
        fever, which shall include secondary screening by a medical 
        professional;</DELETED>
        <DELETED>    (4) mechanisms for protecting the privacy and 
        medical information of individuals subjected to temperature 
        checks;</DELETED>
        <DELETED>    (5) procedures for accommodating individuals with 
        disabilities or observing certain religious practices, as 
        appropriate;</DELETED>
        <DELETED>    (6) procedures for exempting individuals who may 
        have a fever unrelated to COVID-19;</DELETED>
        <DELETED>    (7) training on the policies, procedures, and 
        equipment for employees responsible for implementing the pilot 
        program, to be completed prior to initiation of such program; 
        and</DELETED>
        <DELETED>    (8) policies to ensure a final decision regarding 
        access to the sterile area of an airport are made and carried 
        out by a supervisor.</DELETED>
<DELETED>    (d) Equipment.--The Administrator only may conduct 
temperature checks under the program established under this section 
using a device lawfully manufactured and distributed, or a device 
manufactured and distributed in accordance with guidance issued by the 
Secretary of Health and Human Services, to measure the body temperature 
of a person.</DELETED>
<DELETED>    (e) Procurement and Coordination.--</DELETED>
        <DELETED>    (1) In general.--The Administrator, in 
        coordination with the Commissioner of U.S. Customs and Border 
        Protection, shall procure temperature screening equipment and 
        implement best practices for conducting passenger temperature 
        checks under the pilot program.</DELETED>
        <DELETED>    (2) Rule of construction.--Paragraph (1) shall not 
        be construed as requiring the pilot program to be conducted at 
        U.S. Customs and Border Protection screening 
        locations.</DELETED>
<DELETED>    (f) Partnerships.--</DELETED>
        <DELETED>    (1) In general.--The Administrator may enter into 
        partnerships or contracts with private entities, universities 
        or other academic institutions, national laboratories, public 
        health authorities, or other entities to develop, evaluate, or 
        improve technology for purposes of detecting fevers or 
        conducting secondary medical screening under the pilot 
        program.</DELETED>
        <DELETED>    (2) Airports.--The Administrator may partner with 
        airports that have temperature screening programs to develop 
        best practices, share data, and implement the pilot program, 
        but may not require airports to share in the costs of the pilot 
        program except by mutual agreement.</DELETED>
<DELETED>    (g) Treatment of Individuals Prohibited in the Sterile 
Area.--</DELETED>
        <DELETED>    (1) Passengers.--The pilot program shall require 
        air carriers to permit a passenger who is prohibited from 
        flying because they have a fever or as a result of a secondary 
        medical screening to reschedule or cancel the flight the 
        passenger was ticketed for at no cost to the 
        passenger.</DELETED>
        <DELETED>    (2) Employees and contractors.--Any airport or 
        airline employee or contractor that is prohibited from entering 
        the sterile area of the airport because they have a fever or as 
        a result of a secondary medical screening under the pilot 
        program shall be subject to the leave policies and procedures 
        of such individual's employer.</DELETED>
<DELETED>    (h) Program for Remainder of COVID-19 Public Health 
Emergency.--Not later than 90 days after the completion of the pilot 
program, based on the results of the pilot program and the most up-to-
date and best available public health information, data, and evidence-
based or evidence-informed scientific information, the Administrator, 
in coordination with the Secretary, the Secretary of Homeland Security, 
the Secretary of Health and Human Services, and the Director of the 
Centers for Disease Control and Prevention, shall issue policy for 
deploying a temperature check program at airports and airport security 
screening locations through the end of the COVID-19 public health 
emergency for domestic and international passengers, individuals 
accompanying those passengers, crew members, and other individuals who 
pass through airports and airport security screening 
locations.</DELETED>
<DELETED>    (i) Authority.--The Administrator shall issue regulations 
to implement the temperature check program under subsection (h), 
including with respect to secondary screening requirements.</DELETED>

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fly Safe and Healthy Act of 2021''.

SEC. 2. TEMPERATURE CHECKS PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Transportation Security Administration.
            (2) Air transportation.--The term ``air transportation'' 
        has the meaning given that term in section 40102 of title 49, 
        United States Code.
            (3) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation and the Committee on Homeland Security 
                and Governmental Affairs of the Senate; and
                    (B) the Committee on Homeland Security of the House 
                of Representatives.
            (4) COVID-19 public health emergency.--The term ``COVID-19 
        public health emergency'' means the public health emergency 
        first declared on January 31, 2020, by the Secretary of Health 
        and Human Services under section 319 of the Public Health 
        Service Act (42 U.S.C. 247d) with respect to the 2019 Novel 
        Coronavirus (COVID-19) and includes any renewal of such 
        declaration pursuant to such section 319.
            (5) Fever.--The term ``fever'' means 100.4 degrees 
        Fahrenheit or higher.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (7) Sterile area.--The term ``sterile area'' has the 
        meaning given that term in section 1540.5 of title 49, Code of 
        Federal Regulations (or any successor regulation).
            (8) Temperature check.--The term ``temperature check'' 
        means the screening of individuals for a fever.
    (b) Establishment of Pilot Program.--
            (1) In general.--Not later than 90 days after date of the 
        enactment of this Act, the Administrator, in coordination with 
        the Secretary of Transportation, the Secretary of Health and 
        Human Services, and the Director of the Centers for Disease 
        Control and Prevention, shall, subject to the availability of 
        appropriations, establish a 180-day pilot program (referred to 
        in this section as the ``pilot program'') to conduct 
        temperature checks for domestic and international passengers, 
        individuals accompanying those passengers, crew members, and 
        other individuals who pass through airport security screening 
        locations at which screening is conducted by the Transportation 
        Security Administration.
            (2) Selection of screening locations.--The Administrator, 
        in the discretion of the Administrator, shall select airport 
        security screening locations described in paragraph (1) that 
        represent diverse operating conditions, such as high, medium, 
        and low passenger throughput, and airport locations for the 
        pilot program.
    (c) Screening.--The pilot program shall require temperature checks 
of individuals, including passengers, individuals accompanying those 
passengers, crew members, and other individuals who pass through 
airport security screening locations selected for the pilot program 
under subsection (b), for fevers when such individuals first present 
themselves for screening at such a screening location. An individual 
who registers a fever shall be subject to secondary medical screening 
by medical professionals. An individual who registers a fever during a 
temperature check conducted under the pilot program shall be denied 
admission to the sterile area of the airport, subject to the terms of 
and any applicable exemptions under the pilot program.
    (d) Elements.--In developing the pilot program, the Administrator 
shall, in the discretion of the Administrator, address the following 
elements:
            (1) The types and costs of technology that may be used to 
        conduct temperature checks.
            (2) Policies applicable to screening procedures, including 
        a cost-benefit analysis, which may include consideration of 
        whether procedures can address accommodating individuals with 
        medically documented disabilities or religious objections.
            (3) Procedures for individuals who register a fever, which 
        shall include secondary medical screening procedures to be 
        administered by medical professionals, including the use of 
        available viral testing methods and demonstration of 
        vaccination.
            (4) Mechanisms to protect, to the maximum extent 
        practicable, the privacy and medical information of individuals 
        subjected to temperature checks.
            (5) Procedures to protect employees and contractors of the 
        Transportation Security Administration and reduce the risk of 
        exposure to COVID-19 when conducting temperature checks and 
        carrying out the pilot program.
            (6) Procedures for exempting individuals who have a fever 
        unrelated to COVID-19, including in relation to secondary 
        medical screening procedures, as described in paragraph (3).
            (7) Training on the policies, procedures, and equipment for 
        employees responsible for implementing the pilot program, to be 
        completed prior to initiation of such program.
            (8) Policies to ensure a final decision regarding access by 
        an individual to the sterile area of an airport is made and 
        carried out by a designated management official.
            (9) Policies to ensure, to the maximum extent practicable, 
        the continued security, operations, and efficient throughput of 
        individuals at airport security screening locations and 
        airports selected for the pilot program under subsection (b).
            (10) Consultation and cooperation with airport authorities 
        at airports selected for the pilot program, including in 
        relation to mitigating any disruption of airport operations.
    (e) Equipment.--The Administrator may conduct temperature checks 
under the pilot program only using a device lawfully manufactured and 
distributed, in accordance with guidance and recommendations issued by 
the Secretary of Health and Human Services, to measure the body 
temperature of an individual.
    (f) Procurement and Coordination.--The Administrator shall procure 
temperature screening equipment and implement best practices for 
conducting passenger temperature checks and secondary medical 
screenings under the pilot program.
    (g) Partnerships.--
            (1) In general.--The Administrator may enter into 
        partnerships or contracts with private entities, universities 
        or other academic institutions, national laboratories, public 
        health authorities, or other entities to develop, evaluate, or 
        improve technology for purposes of detecting fevers or to 
        conduct secondary medical screening under the pilot program.
            (2) Airports.--The Administrator may partner with airports 
        that have temperature screening programs to develop best 
        practices, share data, and implement the pilot program, but may 
        not require airports to share in the costs of the pilot 
        program.
            (3) Non-applicability of faca.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply toa partnership 
        authorized in this subsection.
    (h) Treatment of Individuals Prohibited in the Sterile Area.--
            (1) Passengers.--Under the pilot program, a passenger who 
        is prohibited from flying after registering a fever and 
        undergoing secondary medical screening under the pilot program 
        shall be allowed to reschedule, request a voucher, or cancel 
        the flight reservation at no cost to the passenger. If the 
        passenger elects to cancel the flight reservation, the air 
        carrier operating the flight shall refund to the passenger any 
        previously paid fares, fees, and taxes applicable to the flight 
        not later than 45 days after the date on which the passenger 
        cancels the flight reservation.
            (2) Employees and contractors.--Any airport or air carrier 
        employee or contractor, including an employee or contractor of 
        an airport vendor or airport tenant, who is prohibited from 
        entering the sterile area of the airport after registering a 
        fever and undergoing secondary medical screening under the 
        pilot program shall be subject to the leave policies and 
        procedures of the employer of the employee or contractor.
    (i) Passenger Notification System.--The Administrator shall design, 
test, and implement a notification system, to be operated by 
Transportation Security Administration, for alerting passengers of 
temperature checks under the pilot program that includes--
            (1) a notification of relevant public health guidelines 
        relating to safe traveling in air transportation;
            (2) a message discouraging any individual who has a fever 
        or other symptoms of COVID-19 from traveling in air 
        transportation; and
            (3) a notification that each passenger and any individual 
        accompanying a passenger into the sterile area of the airport 
        will undergo a temperature check, subject to a secondary 
        medical screening, if the pilot program established under 
        subsection (b) is in effect in that airport.
    (j) Report on the Pilot Program.--Not later than 120 days after the 
completion of the pilot program, based on the results of the pilot 
program and the most up-to-date and best available public health 
information, data, and evidence-based or evidence-informed scientific 
information, the Administrator, in coordination with the Secretary, the 
Secretary of Transportation, the Secretary of Health and Human 
Services, and the Director of the Centers for Disease Control and 
Prevention, shall submit to the appropriate committees of Congress a 
report--
            (1) setting forth the findings of the pilot program; and
            (2) making recommendations for deploying a temperature 
        check program and secondary medical screenings at airport 
        security screening locations at which screening is conducted by 
        the Transportation Security Administration for domestic and 
        international passengers, individuals accompanying those 
        passengers, crew members, and other individuals who pass 
        through such screening locations to respond to public health 
        emergencies.
                                                       Calendar No. 207

117th CONGRESS

  1st Session

                                 S. 316

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           December 17, 2021

                       Reported with an amendment