Fly Safe and Healthy Act of 2021
Bill: H.R.2387 | Sponsor: Rep. Carbajal, Salud O. (D-CA)
Policy area: Transportation and Public Works

Summary:
Fly Safe and Healthy Act of 2021
This bill directs the Transportation Security Administration (TSA) to establish a 120-day pilot program to conduct temperature checks for domestic and international passengers, individuals accompanying those passengers, crew members, and other individuals who pass through airports and airport security screening locations.
In developing the pilot program, the TSA must address certain policies and procedures, including (1) accommodating individuals with disabilities or observing certain religious practices, and (2) exempting individuals who may have a fever unrelated to COVID-19 (i.e. coronavirus disease 2019).
The pilot program must ensure airlines allow passengers who are prohibited from flying due to a fever or a secondary medical screening to reschedule or cancel a flight at no cost.
The TSA must, within 90 days after the completion of the pilot program, create a policy for deploying a temperature check program at airports and airport security screening locations through the end of the COVID-19 public health emergency.
The Department of Transportation must revise its regulations to require the inclusion of certain information about traveling in the passenger notification system during the COVID-19 public health emergency, including (1) a message discouraging any individual who has a fever from traveling in air transportation, and (2) a notification that each passenger and any individual accompanying a passenger into the sterile area of the airport will undergo a temperature check if the pilot program established under this bill is in effect in that airport.

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

    Be it enacted by the Senate and House of Representatives 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:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Transportation 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 includes 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 of title 49, Code of 
        Federal Regulations (or any successor regulation).
            (7) Temperature check.--The term ``temperature 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 Director of the Centers for Disease Control and 
Prevention, shall establish a 120-day pilot program to conduct 
temperature checks for domestic and international passengers, 
individuals accompanying those passengers, crew members, and other 
individuals who pass through airports and airport security screening 
locations (referred to in this section as the ``pilot program''). The 
Administrator shall select 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 be subject to secondary medical screening. An individual 
who registers a fever during a temperature check conducted 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 temperature checks;
            (5) procedures for accommodating individuals with 
        disabilities or observing certain religious practices, 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 implementing the pilot program, to be 
        completed prior to initiation of such program; and
            (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 conduct 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 temperature of a person.
    (e) Procurement and Coordination.--
            (1) In general.--The Administrator, in coordination 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 Protection screening locations.
    (f) Partnerships.--
            (1) In general.--The Administrator may enter into 
        partnerships or contracts with private entities, universities 
        or other academic institutions, national laboratories, public 
        health authorities, or other entities to develop, evaluate, or 
        improve technology for purposes of detecting fevers or 
        conducting secondary medical screening under the pilot program.
            (2) Airports.--The Administrator may partner 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 require air 
        carriers to permit a passenger who is prohibited from flying 
        because they have a fever or as a result of a secondary medical 
        screening to reschedule or cancel the flight the passenger was 
        ticketed for at no cost to the passenger.
            (2) Employees and contractors.--Any airport or airline 
        employee or contractor that is prohibited from entering the 
        sterile area of the airport because 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.
    (h) Program for Remainder of COVID-19 Public Health Emergency.--Not 
later than 90 days after the completion of the pilot program, based on 
the results of the pilot program and the most up-to-date and best 
available public health information, data, and evidence-based or 
evidence-informed scientific information, the Administrator, in 
coordination with the Secretary, the Secretary of Homeland Security, 
the Secretary of Health and Human Services, and the Director of the 
Centers for Disease Control and Prevention, shall issue policy for 
deploying a temperature check program at airports and airport security 
screening locations through the end of the COVID-19 public health 
emergency for domestic and international passengers, individuals 
accompanying those passengers, crew members, and other individuals who 
pass through airports and airport security screening locations.
    (i) Authority.--The Administrator shall issue regulations to 
implement the temperature check program under subsection (h), including 
with respect to secondary screening requirements.

SEC. 4. INCLUSION OF INFORMATION ABOUT TRAVELING DURING PUBLIC HEALTH 
              EMERGENCIES IN PASSENGER NOTIFICATION SYSTEM.

    (a) In General.--The Secretary shall revise section 175.25 of title 
49, Code of Federal Regulations, to require the inclusion in the 
passenger notification system during the COVID-19 public health 
emergency of--
            (1) relevant guidelines relating to safe traveling in air 
        transportation;
            (2) a message discouraging any individual who has a fever 
        from traveling in air transportation; and
            (3) a notification that each passenger and any individual 
        accompanying a passenger into the sterile area of the airport 
        will undergo a temperature check if the pilot program 
        established under section 3 is in effect in that airport.
    (b) Timelines.--The Secretary shall--
            (1) revise section 175.25 of title 49, Code of Federal 
        Regulations, in accordance with the requirements of subsection 
        (a) not later than 30 days after the date of enactment of this 
        Act; and
            (2) provide for the implementation of such revisions not 
        later than 90 days after such date of enactment.
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