I 

116TH CONGRESS 

2D SESSION H. R. 8737 

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

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 12, 2020 

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

Connecticut) 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 2020’’. 

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) APPROPRIATE COMMITTEES OF CON8 GRESS.—The term ‘‘appropriate committees of Con9 gress’’ means the Committee on Commerce, Science, 

10 and Transportation of the Senate, the Committee on 

11 Homeland Security and Governmental Affairs of the 

12 Senate, the Committee on Transportation and Infra13 structure of the House of Representatives, and the 

14 Committee on Homeland Security of the House of 

15 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. 


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1 (5) FEVER.—The term ‘‘fever’’ means 100.4 

2 degrees Fahrenheit or higher, or the meaning given 

3 that term pursuant to guidelines of the Centers for 

4 Disease Control and Prevention related to COVID5 19. 

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

7 the Secretary of Transportation. 

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

9 has the meaning given that term in section 1540.5 

10 of title 49, Code of Federal Regulations (or any suc11 cessor regulation). 

12 (8) TEMPERATURE CHECK.—The term ‘‘tem13 perature check’’ means the screening of individuals 

14 for a fever. 

15 SEC. 3. TEMPERATURE CHECKS PILOT PROGRAM. 

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

17 enactment of this Act, the Administrator, in consultation 

18 with the Secretary, the Secretary of Homeland Security, 

19 the Secretary of Health and Human Services, and the Di20 rector of the Centers for Disease Control and Prevention, 

21 shall establish a 120-day pilot program to conduct tem22 perature checks for domestic and international passengers, 

23 individuals accompanying those passengers, crew mem24 bers, and other individuals who pass through airports and 

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1 tion as the ‘‘pilot program’’). The Administrator shall se2 lect airports that represent diverse operating conditions, 

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

4 locations for the pilot program. 

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

6 screening of passengers, individuals accompanying those 

7 passengers, crew members, and other individuals who pass 

8 through airports and airport security screening locations 

9 for fevers. An individual who is found to have a fever may 

10 be subject to secondary medical screening. An individual 

11 who registers a fever during a temperature check con12 ducted under the pilot program shall be denied admission 

13 to the sterile area of the airport. 

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

15 Administrator shall address— 

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

17 conduct temperature checks; 

18 (2) policies applicable to screening procedures; 

19 (3) procedures for individuals who register a 

20 fever, which may include secondary screening by a 

21 medical professional; 

22 (4) mechanisms for protecting the privacy and 

23 medical information of individuals subjected to tem24 perature checks; 


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1 (5) procedures for accommodating individuals 

2 with disabilities or observing certain religious prac3 tices, as appropriate; 

4 (6) procedures for exempting individuals who 

5 may have a fever unrelated to COVID–19; and 

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

7 equipment for employees responsible for imple8 menting the pilot program. 

9 (d) EQUIPMENT.—The Administrator only may con10 duct temperature checks under the program established 

11 under this section using a device lawfully manufactured 

12 and distributed, or a device manufactured and distributed 

13 in accordance with guidance issued by the Secretary of 

14 Health and Human Services, to measure the body tem15 perature of a person. 

16 (e) PROCUREMENT AND COORDINATION.—The Ad17 ministrator, in coordination with the Commissioner of 

18 U.S. Customs and Border Protection, shall procure tem19 perature screening equipment and implement best prac20 tices for conducting passenger temperature checks under 

21 the pilot program. 

22 (f) PARTNERSHIPS.—The Administrator may enter 

23 into partnerships or contracts with private entities, univer24 sities or other academic institutions, national laboratories, 

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1 prove technology for purposes of detecting fevers or con2 ducting secondary medical screening under the pilot pro3 gram. 

4 (g) TREATMENT OF PASSENGERS PROHIBITED FROM

5 FLYING.—The pilot program shall require air carriers to 

6 permit a passenger who is prohibited from flying because 

7 they have a fever or as a result of a secondary medical 

8 screening to reschedule or cancel the flight the passenger 

9 was ticketed for at no cost to the passenger. 

10 (h) PROGRAM FOR REMAINDER OF COVID–19 PUB11 LIC HEALTH EMERGENCY.—Not later than 90 days after 

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

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

14 available public health information, data, and evidence15 based or evidence-informed scientific information, the Ad16 ministrator, in coordination with the Secretary, the Sec17 retary of Homeland Security, the Secretary of Health and 

18 Human Services, and the Director of the Centers for Dis19 ease Control and Prevention, shall issue policy for deploy20 ing a temperature check program at airports and airport 

21 security screening locations through the end of the 

22 COVID–19 public health emergency for domestic and 

23 international passengers, individuals accompanying those 

24 passengers, crew members, and other individuals who pass 

25 through airports and airport security screening locations. 


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1 (i) AUTHORITY.—The Administrator may issue regu2 lations to implement the temperature check program 

3 under subsection (g), including with respect to secondary 

4 screening requirements. 

5 SEC. 4. INCLUSION OF INFORMATION ABOUT TRAVELING 

6 DURING PUBLIC HEALTH EMERGENCIES IN 

7 PASSENGER NOTIFICATION SYSTEM. 

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

9 175.25 of title 49, Code of Federal Regulations, to require 

10 the inclusion in the passenger notification system during 

11 the COVID–19 public health emergency of— 

12 (1) relevant guidelines relating to safe traveling 

13 in air transportation; 

14 (2) a message discouraging any individual who 

15 has a fever from traveling in air transportation; and 

16 (3) a notification that each passenger and any 

17 individual accompanying a passenger into the sterile 

18 area of the airport will undergo a temperature check 

19 if the pilot program established under section 3 is in 

20 effect in that airport. 

21 (b) TIMELINES.—The Secretary shall— 

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

23 Federal Regulations, in accordance with the require24 ments of subsection (a) not later than 30 days after 

25 the date of enactment of this Act; and 


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1 (2) provide for the implementation of such revi2 sions not later than 90 days after such date of en3 actment. 

Æ 


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