[Congressional Record Volume 166, Number 169 (Tuesday, September 29, 2020)]
[Senate]
[Pages S6002-S6003]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            ENSURING HEALTH SAFETY IN THE SKIES ACT OF 2020

  Mr. PORTMAN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 508, S. 3681.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 3681), to require a joint task force on the 
     operation of air travel during and after the COVID-19 
     pandemic, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following

     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,

[[Page S6003]]

     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.''.

  Mr. PORTMAN. I ask unanimous consent that the committee-reported 
substitute amendment be withdrawn; that the Markey substituted 
amendment at the desk be agreed to; that the bill, as amended, be 
considered read a third time and passed; that the committee-reported 
title amendment be agreed to; and that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
withdrawn.
  The amendment (No. 2677) in the nature of a substitute was agreed to 
as follows:

       (Purpose: In the nature of a substitute.)

  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill (S. 3681), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.
  The committee-reported title amendment was agreed to as follows
       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.''.

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