[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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