U.S. Air Travel Public Safety Act
Bill: S.2888 | Sponsor: Sen. Feinstein, Dianne (D-CA)
Policy area: Health

Summary:
U.S. Air Travel Public Safety Act
This bill addresses COVID-19 vaccination requirements for aircraft passengers and in health care settings.
The Department of Health and Human Services must develop national standards that require passengers on domestic flights to either provide proof of COVID-19 vaccination or attest that they followed recommendations for travelers who are not fully vaccinated.
Additionally, the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention must develop recommendations for COVID-19 vaccinations in health care settings.

To reduce passenger, crewmember, and airport personnel risk of exposure 
  to COVID-19, decrease the risk of transmission of COVID-19 on board 
   aircraft and to United States destination communities through air 
   travel, and protect children and other vulnerable individuals by 
      preventing further spread of COVID-19 in the United States.

    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 ``U.S. Air Travel Public Safety Act''.

SEC. 2. DOMESTIC AIR TRANSPORTATION WITHIN THE UNITED STATES.

    (a) Travel Requirement.--The Secretary of Health and Human Services 
(referred to in this section as the ``Secretary''), in consultation 
with the Federal Aviation Administration, shall develop national 
vaccination verification standards and procedures in accordance with 
this section. Such standards and procedures shall require that all 
covered air carriers require that, before any passenger may board an 
aircraft for a covered flight, such passenger shall--
            (1) provide the covered air carrier with documentation 
        demonstrating that the passenger is fully vaccinated (as 
        defined by the Secretary or any successor guidance) against the 
        COVID-19 (SARS-CoV-2) novel coronavirus; or
            (2) attest under penalty of perjury that the passenger has 
        adhered to the international travel recommendations and 
        requirements for individuals who are not fully vaccinated 
        (issued by the Centers for Disease Control and Prevention) 
        prior to boarding, including requirements to provide proof of a 
        negative pre-departure qualifying test result for SARS-CoV-2 
        or, alternatively, written or electronic documentation of 
        recovery from COVID-19 after previous SARS-CoV-2 infection, in 
        accordance with the Centers for Disease Control and 
        Prevention's testing requirements and applicable guidance.
    (b) Regulations.--
            (1) In general.--The Secretary shall promulgate interim 
        final rules to ensure that the standards and procedures 
        developed under subsection (a) are applied to covered air 
        carriers beginning on the date that is not later than 30 days 
        after the date of enactment of this Act.
            (2) Exception.--The interim final rules promulgated under 
        paragraph (1) shall include a list of those categories of 
        individuals and organizations that are exempt from the 
        standards and procedures developed under this section. Such 
        list shall be developed by the Secretary in accordance with the 
        Centers for Disease Control and Prevention's applicable 
        guidance.
    (c) Definitions.--In this section:
            (1) Air carrier.--The term ``air carrier'' has the meaning 
        given that term in section 40102 of title 49, United States 
        Code.
            (2) Aircraft.--The term ``aircraft'' has the meaning given 
        that term in section 40102 of title 49, United States Code.
            (3) Airport.--The term ``airport'' has the meaning given 
        that term in section 40102 of title 49, United States Code.
            (4) Attest; attestation.--The terms ``attest'' and 
        ``attestation'' with respect to a passenger mean the passenger 
        having completed the attestation described in this section. 
        Such attestation may be completed in written or electronic 
        form. The attestation is a statement, writing, entry, or other 
        representation under section 1001 of title 18, United States 
        Code.
            (5) Covered air carrier.--The term ``covered air carrier'' 
        means--
                    (A) any air carrier engaged in passenger-carrying 
                operations; or
                    (B) any foreign air carrier authorized to engage in 
                passenger-carrying operations.
            (6) Covered flight.--The term ``covered flight'' means a 
        flight of a covered carrier that is scheduled to depart from, 
        and arrive at, an airport located in the United States.
            (7) Documentation of recovery.--The term ``documentation of 
        recovery'' with respect to a passenger means a confirmation 
        that--
                    (A) the passenger has presented documentation of a 
                positive test result and a signed letter on official 
                letterhead that contains the name, address, and phone 
                number of a licensed health care provider or public 
                health official stating that the passenger has been 
                cleared for travel;
                    (B) the positive test result occurred within the 
                last three months (90 days) preceding the passenger's 
                flight in the United States, or at such other intervals 
                as specified in guidance issued by the Secretary;
                    (C) the personal identifiers (including the name 
                and date of birth) on the positive test result and 
                signed letter match the personal identifiers on the 
                passenger's passport or other travel documents;
                    (D) the test performed was a viral test; and
                    (E) the test result states ``POSITIVE'', ``SARS-
                CoV-2 RNA DETECTED'', ``SARS-CoV-2 ANTIGEN DETECTED'', 
                or ``COVID-19 DETECTED''.
        A test marked ``invalid'' is not acceptable.
            (8) Foreign air carrier.--The term ``foreign air carrier'' 
        has the meaning given that term in section 40102 of title 49, 
        United States Code.
            (9) Qualifying test result.--The term ``qualifying test 
        result'' with respect to a passenger means confirmation that--
                    (A) the personal identifiers (including the name 
                and date of birth) on the negative Qualifying Test 
                result match the personal identifiers on the 
                passenger's passport or other travel documents;
                    (B) the specimen was collected within the 3 days 
                (or a lesser number of days if determined appropriate 
                by the Secretary) preceding the flight's departure;
                    (C) the test performed was a viral test; and
                    (D) the test result states ``NEGATIVE'', ``SARS-
                CoV-2 RNA NOT DETECTED'', ``SARS-CoV-2 ANTIGEN NOT 
                DETECTED'', or ``COVID-19 NOT DETECTED''.
        A test marked ``invalid'' is not acceptable.
            (10) United states.--The term ``United States'' has the 
        meaning given that term in section 40102 of title 49, United 
        States Code.

SEC. 3. RECOMMENDATIONS FOR COVID-19 VACCINE USE.

    Not later than 30 days after the date of enactment of this Act, the 
Advisory Committee on Immunization Practices of the Centers for Disease 
Control and Prevention shall review data on the transmission of COVID-
19 in health care settings and among health care personnel in other 
settings, and develop and make recommendations for COVID-19 vaccine use 
on the basis of transmission in health care settings and among health 
care personnel in other settings.
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