I 

117TH CONGRESS 

1ST SESSION H. R. 2387 

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

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2021 

Mr. CARBAJAL (for himself, Mr. NORMAN, Mr. LARSON of Connecticut, and 

Mr. BUDD) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on 

Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To establish a temperature checks pilot program for air 

transportation, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fly Safe and Healthy 

5 Act of 2021’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Transpor3 tation Security Administration. 

4 (2) AIR TRANSPORTATION.—The term ‘‘air 

5 transportation’’ has the meaning given that term in 

6 section 40102 of title 49, United States Code. 

7 (3) COVID–19 PUBLIC HEALTH EMERGENCY.— 

8 The term ‘‘COVID–19 public health emergency’’ 

9 means the public health emergency first declared on 

10 January 31, 2020, by the Secretary of Health and 

11 Human Services under section 319 of the Public 

12 Health Service Act (42 U.S.C. 247d) with respect to 

13 the 2019 Novel Coronavirus (COVID–19) and in14 cludes any renewal of such declaration pursuant to 

15 such section 319. 

16 (4) FEVER.—The term ‘‘fever’’ means 100.4 

17 degrees Fahrenheit or higher, or the meaning given 

18 that term pursuant to guidelines of the Centers for 

19 Disease Control and Prevention related to COVID– 

20 19. 

21 (5) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of Transportation. 

23 (6) STERILE AREA.—The term ‘‘sterile area’’ 

24 has the meaning given that term in section 1540.5 


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1 of title 49, Code of Federal Regulations (or any suc2 cessor regulation). 

3 (7) TEMPERATURE CHECK.—The term ‘‘tem4 perature check’’ means the screening of individuals 

5 for a fever. 

6 SEC. 3. TEMPERATURE CHECKS PILOT PROGRAM. 

7 (a) IN GENERAL.—Not later than 30 days after the 

8 enactment of this Act, the Administrator, in consultation 

9 with the Secretary, the Secretary of Homeland Security, 

10 the Secretary of Health and Human Services, and the Di11 rector of the Centers for Disease Control and Prevention, 

12 shall establish a 120-day pilot program to conduct tem13 perature checks for domestic and international passengers, 

14 individuals accompanying those passengers, crew mem15 bers, and other individuals who pass through airports and 

16 airport security screening locations (referred to in this sec17 tion as the ‘‘pilot program’’). The Administrator shall se18 lect airports that represent diverse operating conditions, 

19 such as high-, medium-, and low-passenger throughput, 

20 and locations for the pilot program. 

21 (b) SCREENING.—The pilot program shall require 

22 screening of passengers, individuals accompanying those 

23 passengers, crew members, and other individuals who pass 

24 through airports and airport security screening locations 

25 for fevers. An individual who is found to have a fever shall 


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1 be subject to secondary medical screening. An individual 

2 who registers a fever during a temperature check con3 ducted under the pilot program shall be denied admission 

4 to the sterile area of the airport. 

5 (c) ELEMENTS.—In developing the pilot program, the 

6 Administrator shall address— 

7 (1) the types of technology that may be used to 

8 conduct temperature checks; 

9 (2) policies applicable to screening procedures; 

10 (3) procedures for individuals who register a 

11 fever, which shall include secondary screening by a 

12 medical professional; 

13 (4) mechanisms for protecting the privacy and 

14 medical information of individuals subjected to tem15 perature checks; 

16 (5) procedures for accommodating individuals 

17 with disabilities or observing certain religious prac18 tices, as appropriate; 

19 (6) procedures for exempting individuals who 

20 may have a fever unrelated to COVID–19; 

21 (7) training on the policies, procedures, and 

22 equipment for employees responsible for imple23 menting the pilot program, to be completed prior to 

24 initiation of such program; and 


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1 (8) policies to ensure a final decision regarding 

2 access to the sterile area of an airport are made and 

3 carried out by a supervisor. 

4 (d) EQUIPMENT.—The Administrator only may con5 duct temperature checks under the program established 

6 under this section using a device lawfully manufactured 

7 and distributed, or a device manufactured and distributed 

8 in accordance with guidance issued by the Secretary of 

9 Health and Human Services, to measure the body tem10 perature of a person. 

11 (e) PROCUREMENT AND COORDINATION.— 

12 (1) IN GENERAL.—The Administrator, in co13 ordination with the Commissioner of U.S. Customs 

14 and Border Protection, shall procure temperature 

15 screening equipment and implement best practices 

16 for conducting passenger temperature checks under 

17 the pilot program. 

18 (2) RULE OF CONSTRUCTION.—Paragraph (1) 

19 shall not be construed as requiring the pilot program 

20 to be conducted at U.S. Customs and Border Pro21 tection screening locations. 

22 (f) PARTNERSHIPS.— 

23 (1) IN GENERAL.—The Administrator may 

24 enter into partnerships or contracts with private en25 tities, universities or other academic institutions, naVerDate Sep 11 2014 04:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2387.IH H2387

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1 tional laboratories, public health authorities, or other 

2 entities to develop, evaluate, or improve technology 

3 for purposes of detecting fevers or conducting sec4 ondary medical screening under the pilot program. 

5 (2) AIRPORTS.—The Administrator may part6 ner with airports that have temperature screening 

7 programs to develop best practices, share data, and 

8 implement the pilot program, but may not require 

9 airports to share in the costs of the pilot program 

10 except by mutual agreement. 

11 (g) TREATMENT OF INDIVIDUALS PROHIBITED IN

12 THE STERILE AREA.— 

13 (1) PASSENGERS.—The pilot program shall re14 quire air carriers to permit a passenger who is pro15 hibited from flying because they have a fever or as 

16 a result of a secondary medical screening to resched17 ule or cancel the flight the passenger was ticketed 

18 for at no cost to the passenger. 

19 (2) EMPLOYEES AND CONTRACTORS.—Any air20 port or airline employee or contractor that is prohib21 ited from entering the sterile area of the airport be22 cause they have a fever or as a result of a secondary 

23 medical screening under the pilot program shall be 

24 subject to the leave policies and procedures of such 

25 individual’s employer. 


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1 (h) PROGRAM FOR REMAINDER OF COVID–19 PUB2 LIC HEALTH EMERGENCY.—Not later than 90 days after 

3 the completion of the pilot program, based on the results 

4 of the pilot program and the most up-to-date and best 

5 available public health information, data, and evidence6 based or evidence-informed scientific information, the Ad7 ministrator, in coordination with the Secretary, the Sec8 retary of Homeland Security, the Secretary of Health and 

9 Human Services, and the Director of the Centers for Dis10 ease Control and Prevention, shall issue policy for deploy11 ing a temperature check program at airports and airport 

12 security screening locations through the end of the 

13 COVID–19 public health emergency for domestic and 

14 international passengers, individuals accompanying those 

15 passengers, crew members, and other individuals who pass 

16 through airports and airport security screening locations. 

17 (i) AUTHORITY.—The Administrator shall issue regu18 lations to implement the temperature check program 

19 under subsection (h), including with respect to secondary 

20 screening requirements. 

21 SEC. 4. INCLUSION OF INFORMATION ABOUT TRAVELING 

22 DURING PUBLIC HEALTH EMERGENCIES IN 

23 PASSENGER NOTIFICATION SYSTEM. 

24 (a) IN GENERAL.—The Secretary shall revise section 

25 175.25 of title 49, Code of Federal Regulations, to require 


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1 the inclusion in the passenger notification system during 

2 the COVID–19 public health emergency of— 

3 (1) relevant guidelines relating to safe traveling 

4 in air transportation; 

5 (2) a message discouraging any individual who 

6 has a fever from traveling in air transportation; and 

7 (3) a notification that each passenger and any 

8 individual accompanying a passenger into the sterile 

9 area of the airport will undergo a temperature check 

10 if the pilot program established under section 3 is in 

11 effect in that airport. 

12 (b) TIMELINES.—The Secretary shall— 

13 (1) revise section 175.25 of title 49, Code of 

14 Federal Regulations, in accordance with the require15 ments of subsection (a) not later than 30 days after 

16 the date of enactment of this Act; and 

17 (2) provide for the implementation of such revi18 sions not later than 90 days after such date of en19 actment. 

Æ 


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