Ensuring Health Safety in the Skies Act of 2021
Bill: S.82 | Sponsor: Sen. Markey, Edward J. (D-MA)
Policy area: Transportation and Public Works

Summary:
Ensuring Health Safety in the Skies Act of 2021
This bill requires the Department of Transportation (DOT), the Department of Homeland Security, and the Department of Health and Human Services to form a joint task force on air travel during and after the COVID-19 (i.e., coronavirus disease 2019) public health emergency.
The task force must develop recommended requirements, plans, and guidelines to address the health, safety, security, and logistical issues relating to the continuation of air travel during the COVID-19 public health emergency, as well as the resumption of full operations at airports and increased passenger air travel after the COVID-19 public health emergency ends.
DOT must establish a joint federal advisory committee to advise the task force to include developing and submitting policy recommendations to the task force regarding the recommended requirements, plans, and guidelines that the task force must develop.
Additionally, DOT must publish the policy recommendations on a publicly accessible website.

To require a joint task force on air travel during and after the COVID-
          19 Public Health Emergency, 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 ``Ensuring Health Safety in the Skies 
Act of 2021''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the Joint Federal Advisory Committee established under 
        section 4.
            (2) Air travel.--The term ``air travel'' includes 
        international air travel.
            (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 COVID-19 and 
        includes any renewal of such declaration pursuant to such 
        section 319.
            (4) Joint task force.--The term ``Joint Task Force'' means 
        the Joint Task Force on Air Travel During and After the COVID-
        19 Public Health Emergency established under section 3(a).

SEC. 3. JOINT TASK FORCE ON AIR TRAVEL DURING AND AFTER THE COVID-19 
              PUBLIC HEALTH EMERGENCY.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Secretary of Transportation, the Secretary of Homeland 
Security, and the Secretary of Health and Human Services shall 
establish the Joint Task Force on Air Travel During and After the 
COVID-19 Public Health Emergency.
    (b) Duties.--
            (1) In general.--The Joint Task Force shall develop 
        recommended requirements, plans, and guidelines to address the 
        health, safety, security, and logistical issues relating to--
                    (A) the continuation of air travel during the 
                COVID-19 public health emergency; and
                    (B) the resumption of full operations at airports 
                and increased passenger air travel after the COVID-19 
                public health emergency.
            (2) Recommendations.--The recommendations developed under 
        paragraph (1), with respect to the applicable periods described 
        in paragraph (3), shall include--
                    (A) modifying airport, air carrier, security 
                (including passenger security screening), and other 
                operations related to passenger air travel, including 
                passenger queuing, boarding, deplaning, and baggage 
                handling procedures, as a result of--
                            (i) current and anticipated changes to 
                        passenger air travel during and after the 
                        COVID-19 public health emergency; and
                            (ii) anticipated changes to passenger air 
                        travel resulting from any seasonal recurrence 
                        of the coronavirus;
                    (B) mitigating the public health and economic 
                impacts of the COVID-19 public health emergency and any 
                seasonal recurrence of the coronavirus on airports and 
                passenger air travel (including through the use of 
                personal protective equipment, the implementation of 
                strategies to promote overall passenger and employee 
                safety, and the accommodation of social distancing as 
                feasible and necessary);
                    (C) addressing privacy and civil liberty issues 
                that may arise from passenger health screenings, 
                contact-tracing, or other processes used to monitor the 
                health of individuals engaged in air travel; and
                    (D) operating procedures to manage future public 
                health crises that can be anticipated, to the extent 
                such public health crises may impact air travel.
            (3) Applicable periods.--For purposes of paragraph (2), the 
        applicable periods described in this paragraph are the 
        following periods:
                    (A) The period beginning on the date of the first 
                meeting of the Joint Task Force and ending on the last 
                day of the COVID-19 public health emergency.
                    (B) The 1-year period beginning on the day after 
                the end of the period described in subparagraph (A).
    (c) Activities of the Joint Task Force.--
            (1) In general.--In developing the recommended 
        requirements, plans, and guidelines under subsection (b), and 
        prior to including such recommendations in the final report 
        required under section 5(b), the Joint Task Force shall--
                    (A) conduct cost-benefit evaluations regarding such 
                recommendations, including costs impacting air 
                operations and impacts on air travel;
                    (B) consider funding constraints;
                    (C) use risk-based decision-making; and
                    (D) consult with the Advisory Committee established 
                in section 4(a) and consider any consensus policy 
                recommendations of the Advisory Committee submitted 
                under section 4(b).
            (2) International consultation.--The Joint Task Force shall 
        consult, as practicable, with relevant international entities 
        and operators, including the International Civil Aviation 
        Organization, to harmonize (to the extent possible) recommended 
        requirements, plans, and guidelines for air travel during and 
        after the COVID-19 public health emergency.
    (d) Membership.--
            (1) Chair.--The Secretary of Transportation (or the 
        Secretary's designee) shall serve as Chair of the Joint Task 
        Force.
            (2) Vice-chair.--The Secretary of Health and Human Services 
        (or the Secretary's designee) shall serve as Vice-Chair of the 
        Joint Task Force.
            (3) Other members.--In addition to the Chair and Vice-
        Chair, the members of the Joint Task Force shall include 
        representatives of the following:
                    (A) The Department of Transportation.
                    (B) The Department of Homeland Security.
                    (C) The Department of Health and Human Services.
                    (D) The Federal Aviation Administration.
                    (E) The Transportation Security Administration.
                    (F) U.S. Customs and Border Protection.
                    (G) The Centers for Disease Control and Prevention.
                    (H) The Occupational Safety and Health 
                Administration.
                    (I) The National Institute for Occupational Safety 
                and Health.
                    (J) The Pipeline and Hazardous Materials Safety 
                Administration.
                    (K) The Department of State.
                    (L) The Environmental Protection Agency.

SEC. 4. JOINT FEDERAL ADVISORY COMMITTEE.

    (a) Establishment.--Not later than 15 days after the date on which 
the Joint Task Force is established under section 3(a), the Secretary 
of Transportation, in consultation with the Secretary of Homeland 
Security and the Secretary of Health and Human Services, shall 
establish a Joint Federal Advisory Committee to advise the Joint Task 
Force.
    (b) Duties of the Advisory Committee.--The Advisory Committee shall 
develop and submit consensus policy recommendations to the Joint Task 
Force for the Joint Task Force to consider when developing 
recommendations under section 3(b).
    (c) Membership.--The members of the Advisory Committee shall 
include representatives of the following:
            (1) Airport operators designated by the Secretary of 
        Transportation in consultation with the Secretary of Homeland 
        Security.
            (2) Air carriers designated by the Secretary of 
        Transportation.
            (3) Aircraft and aviation manufacturers designated by the 
        Secretary of Transportation.
            (4) Labor organizations representing--
                    (A) aviation industry workers (including pilots, 
                flight attendants, engineers, maintenance, mechanics, 
                air traffic controllers, safety inspectors, and workers 
                performing airport services such as security, terminal 
                and cabin cleaning, passenger assistance, and aircraft 
                loading) designated by the Secretary of Transportation; 
                and
                    (B) security screening personnel designated by the 
                Secretary of Homeland Security.
            (5) Public health experts designated by the Secretary of 
        Health and Human Services.
            (6) Organizations representing airline passengers 
        designated by the Secretary of Transportation.
            (7) Privacy and civil liberty organizations designated by 
        the Secretary of Homeland Security.
            (8) Manufacturers and integrators of passenger screening 
        and identity verification technologies designated by the 
        Secretary of Homeland Security.
            (9) Trade associations representing air carriers (including 
        major passenger air carriers, low-cost passenger air carriers, 
        regional passenger air carriers, cargo air carriers, and 
        foreign passenger air carriers) designated by the Secretary of 
        Transportation in consultation with the Secretary of Homeland 
        Security.
            (10) Trade associations representing airport operators 
        (including large hub, medium hub, small hub, nonhub primary, 
        and nonprimary commercial service airports) designated by the 
        Secretary of Transportation in consultation with the Secretary 
        of Homeland Security.
            (11) Aviation contractors designated by the Secretary of 
        Transportation.
    (d) Vacancies.--Any vacancy in the membership of the Advisory 
Committee shall not affect its responsibilities but shall be filled in 
the same manner as the original appointment and in accordance with the 
Federal Advisory Committee Act (5 U.S.C. App).
    (e) Prohibition on Compensation.--The members of the Advisory 
Committee shall not receive any compensation from the Federal 
Government by reason of their service on the Advisory Committee.
    (f) Publication.--Not later than 14 days after the date on which 
the Advisory Committee submits policy recommendations to the Joint Task 
Force pursuant to subsection (b), the Secretary of Transportation shall 
publish such policy recommendations on a publicly accessible website.

SEC. 5. BRIEFINGS AND REPORTS.

    (a) Preliminary Briefings.--As soon as practicable, but not later 
than 6 months after the date on which the Joint Task Force is 
established under section 3(a), the Joint Task Force shall begin 
providing preliminary briefings to Congress on the status of the 
development of the recommended requirements, plan, and guidelines under 
section 3(b). The preliminary briefings shall include interim versions, 
if any, of the recommendations of the Joint Task Force.
    (b) Final Report.--
            (1) Deadline.--As soon as practicable, but not later than 
        18 months after the date of enactment of this Act, the Joint 
        Task Force shall submit a final report to Congress.
            (2) Content.--The final report shall include the following:
                    (A) All of the recommended requirements, plans, and 
                guidelines developed by the Joint Task Force under 
                section 3(b), and a description of any action taken by 
                the Federal Government as a result of such 
                recommendations.
                    (B) Consensus policy recommendations submitted by 
                the Advisory Committee under section 4(b), and an 
                explanation (including data and risk analysis) of any 
                action by the Joint Task Force in response to such 
                recommendations.

SEC. 6. TERMINATION.

    The Joint Task Force and the Advisory Committee shall terminate 30 
days after the date on which the Joint Task Force submits the final 
report required under section 5(b).
                                                       Calendar No. 204

117th CONGRESS

  1st Session

                                 S. 82

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