[Congressional Record Volume 166, Number 169 (Tuesday, September 29, 2020)]
[Senate]
[Pages S5997-S5998]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2677. Mr. PORTMAN (for Mr. Markey (for himself, Mr. Wicker, and
Mr. Blumenthal)) proposed an amendment to the bill S. 3681, to require
a joint task force on air travel during and after the COVID-19 Public
Health Emergency, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Health Safety in
the Skies Act of 2020''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advisory committee.--The term ``Advisory Committee''
means the Joint Federal Advisory Committee established under
section 4.
(2) Air travel.--The term ``air travel'' includes
international air travel.
(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 COVID-19
and includes any renewal of such declaration pursuant to such
section 319.
(4) 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 section
3(a).
SEC. 3. JOINT TASK FORCE ON AIR TRAVEL DURING AND AFTER THE
COVID-19 PUBLIC HEALTH EMERGENCY.
(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 the Joint Task Force on
Air Travel During and After the COVID-19 Public Health
Emergency.
(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--
(A) the continuation of air travel during the COVID-19
public health emergency; and
(B) the resumption of full operations at airports and
increased passenger air travel after the COVID-19 public
health emergency.
(2) Recommendations.--The recommendations developed under
paragraph (1), with respect to the applicable periods
described in paragraph (3), shall include--
(A) 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;
(B) 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);
(C) 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
(D) operating procedures to manage future public health
crises that can be anticipated, to the extent such public
health crises may impact air travel.
(3) Applicable periods.--For purposes of paragraph (2), the
applicable periods described in this paragraph are the
following periods:
(A) 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.
(B) The 1-year period beginning on the day after the end of
the period described in subparagraph (A).
(c) Activities of the Joint Task Force.--
(1) In general.--In developing the recommended
requirements, plans, and guidelines under subsection (b), and
prior to including such recommendations in the final report
required under section 5(b), the Joint Task Force shall--
(A) conduct cost-benefit evaluations regarding such
recommendations, including costs impacting air operations and
impacts on air travel;
(B) consider funding constraints;
(C) use risk-based decision-making; and
(D) consult with the Advisory Committee established in
section 4(a) and consider any consensus policy
recommendations of the Advisory Committee submitted under
section 4(b).
(2) 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.
(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.
[[Page S5998]]
(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.
SEC. 4. JOINT FEDERAL ADVISORY COMMITTEE.
(a) Establishment.--Not later than 15 days after the date
on which the Joint Task Force is established under section
3(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.
(b) 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
section 3(b).
(c) Membership.--The members of the Advisory Committee
shall include representatives of the following:
(1) Airport operators designated by the Secretary of
Transportation in consultation with the Secretary of Homeland
Security.
(2) Air carriers designated by the Secretary of
Transportation.
(3) Aircraft and aviation manufacturers designated by the
Secretary of Transportation.
(4) Labor organizations representing--
(A) aviation industry workers (including pilots, flight
attendants, engineers, maintenance, mechanics, air traffic
controllers, and safety inspectors) designated by the
Secretary of Transportation; and
(B) security screening personnel designated by the
Secretary of Homeland Security.
(5) Public health experts designated by the Secretary of
Health and Human Services.
(6) Organizations representing airline passengers
designated by the Secretary of Transportation.
(7) Privacy and civil liberty organizations designated by
the Secretary of Homeland Security.
(8) Manufacturers and integrators of passenger screening
and identity verification technologies designated by the
Secretary of Homeland Security.
(9) 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.
(10) 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.
(d) 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).
(e) 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) Publication.--Not later than 14 days after the date on
which the Advisory Committee submits policy recommendations
to the Joint Task Force pursuant to subsection (b), the
Secretary of Transportation shall publish such policy
recommendations on a publicly accessible website.
SEC. 5. BRIEFINGS AND REPORTS.
(a) Preliminary Briefings.--As soon as practicable, but not
later than 6 months after the date on which the Joint Task
Force is established under section 3(a), the Joint Task Force
shall begin providing preliminary briefings to Congress on
the status of the development of the recommended
requirements, plan, and guidelines under section 3(b). The
preliminary briefings shall include interim versions, if any,
of the recommendations of the Joint Task Force.
(b) Final Report.--
(1) 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.
(2) Content.--The final report shall include the following:
(A) All of the recommended requirements, plans, and
guidelines developed by the Joint Task Force under section
3(b), and a description of any action taken by the Federal
Government as a result of such recommendations.
(B) Consensus policy recommendations submitted by the
Advisory Committee under section 4(b), and an explanation
(including data and risk analysis) of any action by the Joint
Task Force in response to such recommendations.
SEC. 6. TERMINATION.
The Joint Task Force and the Advisory Committee shall
terminate 30 days after the date on which the Joint Task
Force submits the final report required under section 5(b).
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