II 

117TH CONGRESS 

1ST SESSION S. 316 

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

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 12, 2021 

Ms. CANTWELL (for herself 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 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: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Transpor10 tation Security Administration. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 316 IS

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

2 transportation’’ has the meaning given that term in 

3 section 40102 of title 49, United States Code. 

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

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

6 means the public health emergency first declared on 

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

8 Human Services under section 319 of the Public 

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

10 the 2019 Novel Coronavirus (COVID–19) and in11 cludes any renewal of such declaration pursuant to 

12 such section 319. 

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

14 degrees Fahrenheit or higher, or the meaning given 

15 that term pursuant to guidelines of the Centers for 

16 Disease Control and Prevention related to COVID– 

17 19. 

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

19 the Secretary of Transportation. 

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

21 has the meaning given that term in section 1540.5 

22 of title 49, Code of Federal Regulations (or any suc23 cessor regulation). 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 316 IS

1 (7) TEMPERATURE CHECK.—The term ‘‘tem2 perature check’’ means the screening of individuals 

3 for a fever. 

4 SEC. 3. TEMPERATURE CHECKS PILOT PROGRAM. 

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

6 enactment of this Act, the Administrator, in consultation 

7 with the Secretary, the Secretary of Homeland Security, 

8 the Secretary of Health and Human Services, and the Di9 rector of the Centers for Disease Control and Prevention, 

10 shall establish a 120-day pilot program to conduct tem11 perature checks for domestic and international passengers, 

12 individuals accompanying those passengers, crew mem13 bers, and other individuals who pass through airports and 

14 airport security screening locations (referred to in this sec15 tion as the ‘‘pilot program’’). The Administrator shall se16 lect airports that represent diverse operating conditions, 

17 such as high, medium, and low passenger throughput, and 

18 locations for the pilot program. 

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

20 screening of passengers, individuals accompanying those 

21 passengers, crew members, and other individuals who pass 

22 through airports and airport security screening locations 

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

24 be subject to secondary medical screening. An individual 

25 who registers a fever during a temperature check conVerDate Sep 11 2014 19:10 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S316.IS S316

pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 316 IS

1 ducted under the pilot program shall be denied admission 

2 to the sterile area of the airport. 

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

4 Administrator shall address— 

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

6 conduct temperature checks; 

7 (2) policies applicable to screening procedures; 

8 (3) procedures for individuals who register a 

9 fever, which shall include secondary screening by a 

10 medical professional; 

11 (4) mechanisms for protecting the privacy and 

12 medical information of individuals subjected to tem13 perature checks; 

14 (5) procedures for accommodating individuals 

15 with disabilities or observing certain religious prac16 tices, as appropriate; 

17 (6) procedures for exempting individuals who 

18 may have a fever unrelated to COVID–19; 

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

20 equipment for employees responsible for imple21 menting the pilot program, to be completed prior to 

22 initiation of such program; and 

23 (8) policies to ensure a final decision regarding 

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

25 carried out by a supervisor. 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 316 IS

1 (d) EQUIPMENT.—The Administrator only may con2 duct temperature checks under the program established 

3 under this section using a device lawfully manufactured 

4 and distributed, or a device manufactured and distributed 

5 in accordance with guidance issued by the Secretary of 

6 Health and Human Services, to measure the body tem7 perature of a person. 

8 (e) PROCUREMENT AND COORDINATION.— 

9 (1) IN GENERAL.—The Administrator, in co10 ordination with the Commissioner of U.S. Customs 

11 and Border Protection, shall procure temperature 

12 screening equipment and implement best practices 

13 for conducting passenger temperature checks under 

14 the pilot program. 

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

16 shall not be construed as requiring the pilot program 

17 to be conducted at U.S. Customs and Border Pro18 tection screening locations. 

19 (f) PARTNERSHIPS.— 

20 (1) IN GENERAL.—The Administrator may 

21 enter into partnerships or contracts with private en22 tities, universities or other academic institutions, na23 tional laboratories, public health authorities, or other 

24 entities to develop, evaluate, or improve technology 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 316 IS

1 for purposes of detecting fevers or conducting sec2 ondary medical screening under the pilot program. 

3 (2) AIRPORTS.—The Administrator may part4 ner with airports that have temperature screening 

5 programs to develop best practices, share data, and 

6 implement the pilot program, but may not require 

7 airports to share in the costs of the pilot program 

8 except by mutual agreement. 

9 (g) TREATMENT OF INDIVIDUALS PROHIBITED IN

10 THE STERILE AREA.— 

11 (1) PASSENGERS.—The pilot program shall re12 quire air carriers to permit a passenger who is pro13 hibited from flying because they have a fever or as 

14 a result of a secondary medical screening to resched15 ule or cancel the flight the passenger was ticketed 

16 for at no cost to the passenger. 

17 (2) EMPLOYEES AND CONTRACTORS.—Any air18 port or airline employee or contractor that is prohib19 ited from entering the sterile area of the airport be20 cause they have a fever or as a result of a secondary 

21 medical screening under the pilot program shall be 

22 subject to the leave policies and procedures of such 

23 individual’s employer. 

24 (h) PROGRAM FOR REMAINDER OF COVID–19 PUB25 LIC HEALTH EMERGENCY.—Not later than 90 days after 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 316 IS

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

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

3 available public health information, data, and evidence4 based or evidence-informed scientific information, the Ad5 ministrator, in coordination with the Secretary, the Sec6 retary of Homeland Security, the Secretary of Health and 

7 Human Services, and the Director of the Centers for Dis8 ease Control and Prevention, shall issue policy for deploy9 ing a temperature check program at airports and airport 

10 security screening locations through the end of the 

11 COVID–19 public health emergency for domestic and 

12 international passengers, individuals accompanying those 

13 passengers, crew members, and other individuals who pass 

14 through airports and airport security screening locations. 

15 (i) AUTHORITY.—The Administrator shall issue regu16 lations to implement the temperature check program 

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

18 screening requirements. 

19 SEC. 4. INCLUSION OF INFORMATION ABOUT TRAVELING 

20 DURING PUBLIC HEALTH EMERGENCIES IN 

21 PASSENGER NOTIFICATION SYSTEM. 

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

23 175.25 of title 49, Code of Federal Regulations, to require 

24 the inclusion in the passenger notification system during 

25 the COVID–19 public health emergency of— 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 316 IS

1 (1) relevant guidelines relating to safe traveling 

2 in air transportation; 

3 (2) a message discouraging any individual who 

4 has a fever from traveling in air transportation; and 

5 (3) a notification that each passenger and any 

6 individual accompanying a passenger into the sterile 

7 area of the airport will undergo a temperature check 

8 if the pilot program established under section 3 is in 

9 effect in that airport. 

10 (b) TIMELINES.—The Secretary shall— 

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

12 Federal Regulations, in accordance with the require13 ments of subsection (a) not later than 30 days after 

14 the date of enactment of this Act; and 

15 (2) provide for the implementation of such revi16 sions not later than 90 days after such date of en17 actment. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS