II 

117TH CONGRESS 

1ST SESSION S. 82 

To require a joint task force on air travel during and after the COVID– 

19 Public Health Emergency, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 28, 2021 

Mr. MARKEY (for himself, Mr. BLUMENTHAL, and Mr. WICKER) introduced 

the following bill; which was read twice and referred to the Committee 

on Commerce, Science, and Transportation 

A BILL 

To require a joint task force on air travel during and after 

the COVID–19 Public Health Emergency, 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 ‘‘Ensuring Health Safe5 ty in the Skies Act of 2021’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 82 IS

1 (1) ADVISORY COMMITTEE.—The term ‘‘Advi2 sory Committee’’ means the Joint Federal Advisory 

3 Committee established under section 4. 

4 (2) AIR TRAVEL.—The term ‘‘air travel’’ in5 cludes international air travel. 

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

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

8 means the public health emergency first declared on 

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

10 Human Services under section 319 of the Public 

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

12 COVID–19 and includes any renewal of such dec13 laration pursuant to such section 319. 

14 (4) JOINT TASK FORCE.—The term ‘‘Joint 

15 Task Force’’ means the Joint Task Force on Air 

16 Travel During and After the COVID–19 Public 

17 Health Emergency established under section 3(a). 

18 SEC. 3. JOINT TASK FORCE ON AIR TRAVEL DURING AND 

19 AFTER THE COVID–19 PUBLIC HEALTH EMER20 GENCY. 

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

22 date of enactment of this Act, the Secretary of Transpor23 tation, the Secretary of Homeland Security, and the Sec24 retary of Health and Human Services shall establish the 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 82 IS

1 Joint Task Force on Air Travel During and After the 

2 COVID–19 Public Health Emergency. 

3 (b) DUTIES.— 

4 (1) IN GENERAL.—The Joint Task Force shall 

5 develop recommended requirements, plans, and 

6 guidelines to address the health, safety, security, and 

7 logistical issues relating to— 

8 (A) the continuation of air travel during 

9 the COVID–19 public health emergency; and 

10 (B) the resumption of full operations at 

11 airports and increased passenger air travel after 

12 the COVID–19 public health emergency. 

13 (2) RECOMMENDATIONS.—The recommenda14 tions developed under paragraph (1), with respect to 

15 the applicable periods described in paragraph (3), 

16 shall include— 

17 (A) modifying airport, air carrier, security 

18 (including passenger security screening), and 

19 other operations related to passenger air travel, 

20 including passenger queuing, boarding, 

21 deplaning, and baggage handling procedures, as 

22 a result of— 

23 (i) current and anticipated changes to 

24 passenger air travel during and after the 

25 COVID–19 public health emergency; and 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 82 IS

1 (ii) anticipated changes to passenger 

2 air travel resulting from any seasonal re3 currence of the coronavirus; 

4 (B) mitigating the public health and eco5 nomic impacts of the COVID–19 public health 

6 emergency and any seasonal recurrence of the 

7 coronavirus on airports and passenger air travel 

8 (including through the use of personal protec9 tive equipment, the implementation of strategies 

10 to promote overall passenger and employee safe11 ty, and the accommodation of social distancing 

12 as feasible and necessary); 

13 (C) addressing privacy and civil liberty 

14 issues that may arise from passenger health 

15 screenings, contact-tracing, or other processes 

16 used to monitor the health of individuals en17 gaged in air travel; and 

18 (D) operating procedures to manage future 

19 public health crises that can be anticipated, to 

20 the extent such public health crises may impact 

21 air travel. 

22 (3) APPLICABLE PERIODS.—For purposes of 

23 paragraph (2), the applicable periods described in 

24 this paragraph are the following periods: 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 82 IS

1 (A) The period beginning on the date of 

2 the first meeting of the Joint Task Force and 

3 ending on the last day of the COVID–19 public 

4 health emergency. 

5 (B) The 1-year period beginning on the 

6 day after the end of the period described in 

7 subparagraph (A). 

8 (c) ACTIVITIES OF THE JOINT TASK FORCE.— 

9 (1) IN GENERAL.—In developing the rec10 ommended requirements, plans, and guidelines 

11 under subsection (b), and prior to including such 

12 recommendations in the final report required under 

13 section 5(b), the Joint Task Force shall— 

14 (A) conduct cost-benefit evaluations re15 garding such recommendations, including costs 

16 impacting air operations and impacts on air 

17 travel; 

18 (B) consider funding constraints; 

19 (C) use risk-based decision-making; and 

20 (D) consult with the Advisory Committee 

21 established in section 4(a) and consider any 

22 consensus policy recommendations of the Advi23 sory Committee submitted under section 4(b). 

24 (2) INTERNATIONAL CONSULTATION.—The 

25 Joint Task Force shall consult, as practicable, with 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 82 IS

1 relevant international entities and operators, includ2 ing the International Civil Aviation Organization, to 

3 harmonize (to the extent possible) recommended re4 quirements, plans, and guidelines for air travel dur5 ing and after the COVID–19 public health emer6 gency. 

7 (d) MEMBERSHIP.— 

8 (1) CHAIR.—The Secretary of Transportation 

9 (or the Secretary’s designee) shall serve as Chair of 

10 the Joint Task Force. 

11 (2) VICE-CHAIR.—The Secretary of Health and 

12 Human Services (or the Secretary’s designee) shall 

13 serve as Vice-Chair of the Joint Task Force. 

14 (3) OTHER MEMBERS.—In addition to the 

15 Chair and Vice-Chair, the members of the Joint 

16 Task Force shall include representatives of the fol17 lowing: 

18 (A) The Department of Transportation. 

19 (B) The Department of Homeland Secu20 rity. 

21 (C) The Department of Health and 

22 Human Services. 

23 (D) The Federal Aviation Administration. 

24 (E) The Transportation Security Adminis25 tration. 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 82 IS

1 (F) U.S. Customs and Border Protection. 

2 (G) The Centers for Disease Control and 

3 Prevention. 

4 (H) The Occupational Safety and Health 

5 Administration. 

6 (I) The National Institute for Occupational 

7 Safety and Health. 

8 (J) The Pipeline and Hazardous Materials 

9 Safety Administration. 

10 (K) The Department of State. 

11 (L) The Environmental Protection Agency. 

12 SEC. 4. JOINT FEDERAL ADVISORY COMMITTEE. 

13 (a) ESTABLISHMENT.—Not later than 15 days after 

14 the date on which the Joint Task Force is established 

15 under section 3(a), the Secretary of Transportation, in 

16 consultation with the Secretary of Homeland Security and 

17 the Secretary of Health and Human Services, shall estab18 lish a Joint Federal Advisory Committee to advise the 

19 Joint Task Force. 

20 (b) DUTIES OF THE ADVISORY COMMITTEE.—The 

21 Advisory Committee shall develop and submit consensus 

22 policy recommendations to the Joint Task Force for the 

23 Joint Task Force to consider when developing rec24 ommendations under section 3(b). 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 82 IS

1 (c) MEMBERSHIP.—The members of the Advisory 

2 Committee shall include representatives of the following: 

3 (1) Airport operators designated by the Sec4 retary of Transportation in consultation with the 

5 Secretary of Homeland Security. 

6 (2) Air carriers designated by the Secretary of 

7 Transportation. 

8 (3) Aircraft and aviation manufacturers des9 ignated by the Secretary of Transportation. 

10 (4) Labor organizations representing— 

11 (A) aviation industry workers (including 

12 pilots, flight attendants, engineers, mainte13 nance, mechanics, air traffic controllers, safety 

14 inspectors, and workers performing airport 

15 services such as security, terminal and cabin 

16 cleaning, passenger assistance, and aircraft 

17 loading) designated by the Secretary of Trans18 portation; and 

19 (B) security screening personnel des20 ignated by the Secretary of Homeland Security. 

21 (5) Public health experts designated by the Sec22 retary of Health and Human Services. 

23 (6) Organizations representing airline pas24 sengers designated by the Secretary of Transpor25 tation. 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•S 82 IS

1 (7) Privacy and civil liberty organizations des2 ignated by the Secretary of Homeland Security. 

3 (8) Manufacturers and integrators of passenger 

4 screening and identity verification technologies des5 ignated by the Secretary of Homeland Security. 

6 (9) Trade associations representing air carriers 

7 (including major passenger air carriers, low-cost 

8 passenger air carriers, regional passenger air car9 riers, cargo air carriers, and foreign passenger air 

10 carriers) designated by the Secretary of Transpor11 tation in consultation with the Secretary of Home12 land Security. 

13 (10) Trade associations representing airport op14 erators (including large hub, medium hub, small 

15 hub, nonhub primary, and nonprimary commercial 

16 service airports) designated by the Secretary of 

17 Transportation in consultation with the Secretary of 

18 Homeland Security. 

19 (11) Aviation contractors designated by the 

20 Secretary of Transportation. 

21 (d) VACANCIES.—Any vacancy in the membership of 

22 the Advisory Committee shall not affect its responsibilities 

23 but shall be filled in the same manner as the original ap24 pointment and in accordance with the Federal Advisory 

25 Committee Act (5 U.S.C. App). 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•S 82 IS

1 (e) PROHIBITION ON COMPENSATION.—The members 

2 of the Advisory Committee shall not receive any compensa3 tion from the Federal Government by reason of their serv4 ice on the Advisory Committee. 

5 (f) PUBLICATION.—Not later than 14 days after the 

6 date on which the Advisory Committee submits policy rec7 ommendations to the Joint Task Force pursuant to sub8 section (b), the Secretary of Transportation shall publish 

9 such policy recommendations on a publicly accessible 

10 website. 

11 SEC. 5. BRIEFINGS AND REPORTS. 

12 (a) PRELIMINARY BRIEFINGS.—As soon as prac13 ticable, but not later than 6 months after the date on 

14 which the Joint Task Force is established under section 

15 3(a), the Joint Task Force shall begin providing prelimi16 nary briefings to Congress on the status of the develop17 ment of the recommended requirements, plan, and guide18 lines under section 3(b). The preliminary briefings shall 

19 include interim versions, if any, of the recommendations 

20 of the Joint Task Force. 

21 (b) FINAL REPORT.— 

22 (1) DEADLINE.—As soon as practicable, but 

23 not later than 18 months after the date of enact24 ment of this Act, the Joint Task Force shall submit 

25 a final report to Congress. 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•S 82 IS

1 (2) CONTENT.—The final report shall include 

2 the following: 

3 (A) All of the recommended requirements, 

4 plans, and guidelines developed by the Joint 

5 Task Force under section 3(b), and a descrip6 tion of any action taken by the Federal Govern7 ment as a result of such recommendations. 

8 (B) Consensus policy recommendations 

9 submitted by the Advisory Committee under 

10 section 4(b), and an explanation (including data 

11 and risk analysis) of any action by the Joint 

12 Task Force in response to such recommenda13 tions. 

14 SEC. 6. TERMINATION. 

15 The Joint Task Force and the Advisory Committee 

16 shall terminate 30 days after the date on which the Joint 

17 Task Force submits the final report required under sec18 tion 5(b). 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS