114 S3375 IS: Omnibus Tourism Act of 2021
U.S. Senate
2021-12-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
117th CONGRESS
1st Session
S. 3375
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, and Mr. Scott of Florida) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
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.
1.

Short title; table of contents
(a)

Short title
This Act may be cited as the “Omnibus 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.
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.
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.
I

Travel Promotion
101.

Short title
This title may be cited as the “Visit America Act”.
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;
(2)
to address the recent decline in the number of international travelers who visit the United States; and
(3)
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.
103.

Sense of Congress
It is the sense of Congress that—
(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;
(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.
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.”.
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 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
The Assistant Secretary 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 streamlining.
(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—
(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 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.
(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.
(h)

Reporting requirements
(1)

Assistant secretary
The Assistant Secretary shall produce an annual forecasting report on the travel and tourism industry, 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); and
(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 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.
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 amount 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.
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”.
II

Travel Safety
A

Health safety
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; and
(7)
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.
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).
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.
B

One-Stop security
211.

Short title
This subtitle may be cited as the “One-Stop Pilot Program Act of 2021”.
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.
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; and
(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.