II 

Calendar No. 207 

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 

DECEMBER 17, 2021 

Reported by Ms. CANTWELL, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 316 RS

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Transpor5 tation Security Administration. 

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

7 transportation’’ has the meaning given that term in 

8 section 40102 of title 49, United States Code. 

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

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

11 means the public health emergency first declared on 

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

13 Human Services under section 319 of the Public 

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

15 the 2019 Novel Coronavirus (COVID–19) and in16 cludes any renewal of such declaration pursuant to 

17 such section 319. 

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

19 degrees Fahrenheit or higher, or the meaning given 

20 that term pursuant to guidelines of the Centers for 

21 Disease Control and Prevention related to COVID– 

22 19. 

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

24 the Secretary of Transportation. 

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

26 has the meaning given that term in section 1540.5 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•S 316 RS

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, and 

20 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 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•S 316 RS

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 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•S 316 RS

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 01:27 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S316.RS S316

pbinns on DSKJLVW7X2PROD with BILLS
6 

•S 316 RS

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. 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•S 316 RS

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 


pbinns on DSKJLVW7X2PROD with BILLS
8 

•S 316 RS

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. 

20 SECTION 1. SHORT TITLE. 

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

22 Act of 2021’’. 

23 SEC. 2. TEMPERATURE CHECKS PILOT PROGRAM. 

24 (a) DEFINITIONS.—In this section: 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•S 316 RS

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

4 (2) AIR TRANSPORTATION.—The term ‘‘air trans5 portation’’ has the meaning given that term in section 

6 40102 of title 49, United States Code. 

7 (3) APPROPRIATE COMMITTEES OF CONGRESS.— 

8 The term ‘‘appropriate committees of Congress’’ 

9 means— 

10 (A) the Committee on Commerce, Science, 

11 and Transportation and the Committee on 

12 Homeland Security and Governmental Affairs of 

13 the Senate; and 

14 (B) the Committee on Homeland Security of 

15 the House of Representatives. 

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

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

18 means the public health emergency first declared on 

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

20 Human Services under section 319 of the Public 

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

22 the 2019 Novel Coronavirus (COVID–19) and in23 cludes any renewal of such declaration pursuant to 

24 such section 319. 


pbinns on DSKJLVW7X2PROD with BILLS
10 

•S 316 RS

1 (5) FEVER.—The term ‘‘fever’’ means 100.4 de2 grees Fahrenheit or higher. 

3 (6) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Homeland Security. 

5 (7) STERILE AREA.—The term ‘‘sterile area’’ has 

6 the meaning given that term in section 1540.5 of title 

7 49, Code of Federal Regulations (or any successor reg8 ulation). 

9 (8) TEMPERATURE CHECK.—The term ‘‘tempera10 ture check’’ means the screening of individuals for a 

11 fever. 

12 (b) ESTABLISHMENT OF PILOT PROGRAM.— 

13 (1) IN GENERAL.—Not later than 90 days after 

14 date of the enactment of this Act, the Administrator, 

15 in coordination with the Secretary of Transportation, 

16 the Secretary of Health and Human Services, and the 

17 Director of the Centers for Disease Control and Pre18 vention, shall, subject to the availability of appropria19 tions, establish a 180-day pilot program (referred to 

20 in this section as the ‘‘pilot program’’) to conduct 

21 temperature checks for domestic and international 

22 passengers, individuals accompanying those pas23 sengers, crew members, and other individuals who 

24 pass through airport security screening locations at 


pbinns on DSKJLVW7X2PROD with BILLS
11 

•S 316 RS

1 which screening is conducted by the Transportation 

2 Security Administration. 

3 (2) SELECTION OF SCREENING LOCATIONS.—The 

4 Administrator, in the discretion of the Administrator, 

5 shall select airport security screening locations de6 scribed in paragraph (1) that represent diverse oper7 ating conditions, such as high, medium, and low pas8 senger throughput, and airport locations for the pilot 

9 program. 

10 (c) SCREENING.—The pilot program shall require tem11 perature checks of individuals, including passengers, indi12 viduals accompanying those passengers, crew members, and 

13 other individuals who pass through airport security screen14 ing locations selected for the pilot program under subsection 

15 (b), for fevers when such individuals first present themselves 

16 for screening at such a screening location. An individual 

17 who registers a fever shall be subject to secondary medical 

18 screening by medical professionals. An individual who reg19 isters a fever during a temperature check conducted under 

20 the pilot program shall be denied admission to the sterile 

21 area of the airport, subject to the terms of and any applica22 ble exemptions under the pilot program. 

23 (d) ELEMENTS.—In developing the pilot program, the 

24 Administrator shall, in the discretion of the Administrator, 

25 address the following elements: 


pbinns on DSKJLVW7X2PROD with BILLS
12 

•S 316 RS

1 (1) The types and costs of technology that may 

2 be used to conduct temperature checks. 

3 (2) Policies applicable to screening procedures, 

4 including a cost-benefit analysis, which may include 

5 consideration of whether procedures can address ac6 commodating individuals with medically documented 

7 disabilities or religious objections. 

8 (3) Procedures for individuals who register a 

9 fever, which shall include secondary medical screening 

10 procedures to be administered by medical profes11 sionals, including the use of available viral testing 

12 methods and demonstration of vaccination. 

13 (4) Mechanisms to protect, to the maximum ex14 tent practicable, the privacy and medical information 

15 of individuals subjected to temperature checks. 

16 (5) Procedures to protect employees and contrac17 tors of the Transportation Security Administration 

18 and reduce the risk of exposure to COVID–19 when 

19 conducting temperature checks and carrying out the 

20 pilot program. 

21 (6) Procedures for exempting individuals who 

22 have a fever unrelated to COVID–19, including in re23 lation to secondary medical screening procedures, as 

24 described in paragraph (3). 


pbinns on DSKJLVW7X2PROD with BILLS
13 

•S 316 RS

1 (7) Training on the policies, procedures, and 

2 equipment for employees responsible for implementing 

3 the pilot program, to be completed prior to initiation 

4 of such program. 

5 (8) Policies to ensure a final decision regarding 

6 access by an individual to the sterile area of an air7 port is made and carried out by a designated man8 agement official. 

9 (9) Policies to ensure, to the maximum extent 

10 practicable, the continued security, operations, and ef11 ficient throughput of individuals at airport security 

12 screening locations and airports selected for the pilot 

13 program under subsection (b). 

14 (10) Consultation and cooperation with airport 

15 authorities at airports selected for the pilot program, 

16 including in relation to mitigating any disruption of 

17 airport operations. 

18 (e) EQUIPMENT.—The Administrator may conduct 

19 temperature checks under the pilot program only using a 

20 device lawfully manufactured and distributed, in accord21 ance with guidance and recommendations issued by the Sec22 retary of Health and Human Services, to measure the body 

23 temperature of an individual. 

24 (f) PROCUREMENT AND COORDINATION.—The Admin25 istrator shall procure temperature screening equipment and 


pbinns on DSKJLVW7X2PROD with BILLS
14 

•S 316 RS

1 implement best practices for conducting passenger tempera2 ture checks and secondary medical screenings under the 

3 pilot program. 

4 (g) PARTNERSHIPS.— 

5 (1) IN GENERAL.—The Administrator may enter 

6 into partnerships or contracts with private entities, 

7 universities or other academic institutions, national 

8 laboratories, public health authorities, or other enti9 ties to develop, evaluate, or improve technology for 

10 purposes of detecting fevers or to conduct secondary 

11 medical screening under the pilot program. 

12 (2) AIRPORTS.—The Administrator may partner 

13 with airports that have temperature screening pro14 grams to develop best practices, share data, and im15 plement the pilot program, but may not require air16 ports to share in the costs of the pilot program. 

17 (3) NON-APPLICABILITY OF FACA.—The Federal 

18 Advisory Committee Act (5 U.S.C. App.) shall not 

19 apply toa partnership authorized in this subsection. 

20 (h) TREATMENT OF INDIVIDUALS PROHIBITED IN THE

21 STERILE AREA.— 

22 (1) PASSENGERS.—Under the pilot program, a 

23 passenger who is prohibited from flying after reg24 istering a fever and undergoing secondary medical 

25 screening under the pilot program shall be allowed to 


pbinns on DSKJLVW7X2PROD with BILLS
15 

•S 316 RS

1 reschedule, request a voucher, or cancel the flight res2 ervation at no cost to the passenger. If the passenger 

3 elects to cancel the flight reservation, the air carrier 

4 operating the flight shall refund to the passenger any 

5 previously paid fares, fees, and taxes applicable to the 

6 flight not later than 45 days after the date on which 

7 the passenger cancels the flight reservation. 

8 (2) EMPLOYEES AND CONTRACTORS.—Any air9 port or air carrier employee or contractor, including 

10 an employee or contractor of an airport vendor or 

11 airport tenant, who is prohibited from entering the 

12 sterile area of the airport after registering a fever and 

13 undergoing secondary medical screening under the 

14 pilot program shall be subject to the leave policies and 

15 procedures of the employer of the employee or con16 tractor. 

17 (i) PASSENGER NOTIFICATION SYSTEM.—The Admin18 istrator shall design, test, and implement a notification sys19 tem, to be operated by Transportation Security Adminis20 tration, for alerting passengers of temperature checks under 

21 the pilot program that includes— 

22 (1) a notification of relevant public health guide23 lines relating to safe traveling in air transportation; 


pbinns on DSKJLVW7X2PROD with BILLS
16 

•S 316 RS

1 (2) a message discouraging any individual who 

2 has a fever or other symptoms of COVID–19 from 

3 traveling in air transportation; and 

4 (3) a notification that each passenger and any 

5 individual accompanying a passenger into the sterile 

6 area of the airport will undergo a temperature check, 

7 subject to a secondary medical screening, if the pilot 

8 program established under subsection (b) is in effect 

9 in that airport. 

10 (j) REPORT ON THE PILOT PROGRAM.—Not later than 

11 120 days after the completion of the pilot program, based 

12 on the results of the pilot program and the most up-to-date 

13 and best available public health information, data, and evi14 dence-based or evidence-informed scientific information, the 

15 Administrator, in coordination with the Secretary, the Sec16 retary of Transportation, the Secretary of Health and 

17 Human Services, and the Director of the Centers for Disease 

18 Control and Prevention, shall submit to the appropriate 

19 committees of Congress a report— 

20 (1) setting forth the findings of the pilot pro21 gram; and 

22 (2) making recommendations for deploying a 

23 temperature check program and secondary medical 

24 screenings at airport security screening locations at 

25 which screening is conducted by the Transportation 


pbinns on DSKJLVW7X2PROD with BILLS
17 

•S 316 RS

1 Security Administration for domestic and inter2 national passengers, individuals accompanying those 

3 passengers, crew members, and other individuals who 

4 pass through such screening locations to respond to 

5 public health emergencies. 


pbinns on DSKJLVW7X2PROD with BILLS
Calendar No. 207 

117TH CONGRESS 

1ST SESSION S. 316 

A BILL 

To establish a temperature checks pilot program 

for air transportation, and for other purposes. 

DECEMBER 17, 2021 

Reported with an amendment 


pbinns on DSKJLVW7X2PROD with BILLS