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 Com-
mittee on Homeland Security, and in addition to the Committee on 
Transportation and Infrastructure, for a period to be subsequently deter-
mined 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fly Safe and Healthy 
Act of 2021’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Transpor-
tation Security Administration. 
(2) AIR
TRANSPORTATION.—The term ‘‘air 
transportation’’ has the meaning given that term in 
section 40102 of title 49, United States Code. 
(3) COVID–19 PUBLIC HEALTH EMERGENCY.— 
The term ‘‘COVID–19 public health emergency’’ 
means the public health emergency first declared on 
January 31, 2020, by the Secretary of Health and 
Human Services under section 319 of the Public 
Health Service Act (42 U.S.C. 247d) with respect to 
the 2019 Novel Coronavirus (COVID–19) and in-
cludes any renewal of such declaration pursuant to 
such section 319. 
(4) FEVER.—The term ‘‘fever’’ means 100.4 
degrees Fahrenheit or higher, or the meaning given 
that term pursuant to guidelines of the Centers for 
Disease Control and Prevention related to COVID– 
19. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(6) STERILE AREA.—The term ‘‘sterile area’’ 
has the meaning given that term in section 1540.5 
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of title 49, Code of Federal Regulations (or any suc-
cessor regulation). 
(7) TEMPERATURE
CHECK.—The term ‘‘tem-
perature check’’ means the screening of individuals 
for a fever. 
SEC. 3. TEMPERATURE CHECKS PILOT PROGRAM. 
(a) IN GENERAL.—Not later than 30 days after the 
enactment of this Act, the Administrator, in consultation 
with the Secretary, the Secretary of Homeland Security, 
the Secretary of Health and Human Services, and the Di-
rector of the Centers for Disease Control and Prevention, 
shall establish a 120-day pilot program to conduct tem-
perature checks for domestic and international passengers, 
individuals accompanying those passengers, crew mem-
bers, and other individuals who pass through airports and 
airport security screening locations (referred to in this sec-
tion as the ‘‘pilot program’’). The Administrator shall se-
lect airports that represent diverse operating conditions, 
such as high-, medium-, and low-passenger throughput, 
and locations for the pilot program. 
(b) SCREENING.—The pilot program shall require 
screening of passengers, individuals accompanying those 
passengers, crew members, and other individuals who pass 
through airports and airport security screening locations 
for fevers. An individual who is found to have a fever shall 
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be subject to secondary medical screening. An individual 
who registers a fever during a temperature check con-
ducted under the pilot program shall be denied admission 
to the sterile area of the airport. 
(c) ELEMENTS.—In developing the pilot program, the 
Administrator shall address— 
(1) the types of technology that may be used to 
conduct temperature checks; 
(2) policies applicable to screening procedures; 
(3) procedures for individuals who register a 
fever, which shall include secondary screening by a 
medical professional; 
(4) mechanisms for protecting the privacy and 
medical information of individuals subjected to tem-
perature checks; 
(5) procedures for accommodating individuals 
with disabilities or observing certain religious prac-
tices, as appropriate; 
(6) procedures for exempting individuals who 
may have a fever unrelated to COVID–19; 
(7) training on the policies, procedures, and 
equipment for employees responsible for imple-
menting the pilot program, to be completed prior to 
initiation of such program; and 
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(8) policies to ensure a final decision regarding 
access to the sterile area of an airport are made and 
carried out by a supervisor. 
(d) EQUIPMENT.—The Administrator only may con-
duct temperature checks under the program established 
under this section using a device lawfully manufactured 
and distributed, or a device manufactured and distributed 
in accordance with guidance issued by the Secretary of 
Health and Human Services, to measure the body tem-
perature of a person. 
(e) PROCUREMENT AND COORDINATION.— 
(1) IN GENERAL.—The Administrator, in co-
ordination with the Commissioner of U.S. Customs 
and Border Protection, shall procure temperature 
screening equipment and implement best practices 
for conducting passenger temperature checks under 
the pilot program. 
(2) RULE OF CONSTRUCTION.—Paragraph (1) 
shall not be construed as requiring the pilot program 
to be conducted at U.S. Customs and Border Pro-
tection screening locations. 
(f) PARTNERSHIPS.— 
(1) IN
GENERAL.—The Administrator may 
enter into partnerships or contracts with private en-
tities, universities or other academic institutions, na-
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tional laboratories, public health authorities, or other 
entities to develop, evaluate, or improve technology 
for purposes of detecting fevers or conducting sec-
ondary medical screening under the pilot program. 
(2) AIRPORTS.—The Administrator may part-
ner with airports that have temperature screening 
programs to develop best practices, share data, and 
implement the pilot program, but may not require 
airports to share in the costs of the pilot program 
except by mutual agreement. 
(g) TREATMENT OF INDIVIDUALS PROHIBITED IN 
THE STERILE AREA.— 
(1) PASSENGERS.—The pilot program shall re-
quire air carriers to permit a passenger who is pro-
hibited from flying because they have a fever or as 
a result of a secondary medical screening to resched-
ule or cancel the flight the passenger was ticketed 
for at no cost to the passenger. 
(2) EMPLOYEES AND CONTRACTORS.—Any air-
port or airline employee or contractor that is prohib-
ited from entering the sterile area of the airport be-
cause they have a fever or as a result of a secondary 
medical screening under the pilot program shall be 
subject to the leave policies and procedures of such 
individual’s employer. 
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