II Calendar No. 207 117th CONGRESS 1st Session S. 316 IN THE SENATE OF THE UNITED STATES February 12, 2021 Ms. Cantwell (for herself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation December 17, 2021 Reported by Ms. Cantwell , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To establish a temperature checks pilot program for air transportation, and for other purposes.

1. Short title This Act may be cited as the Fly Safe and Healthy Act of 2021 . 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. 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. 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.

1. Short title This Act may be cited as the Fly Safe and Healthy Act of 2021 . 2. Temperature checks pilot program (a) Definitions In this section: (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) Appropriate committees of congress The term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Homeland Security of the House of Representatives. (4) 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. (5) Fever The term fever means 100.4 degrees Fahrenheit or higher. (6) Secretary The term Secretary means the Secretary of Homeland Security. (7) 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). (8) Temperature check The term temperature check means the screening of individuals for a fever. (b) Establishment of pilot program (1) In general Not later than 90 days after date of the enactment of this Act, the Administrator, in coordination with the Secretary of Transportation, the Secretary of Health and Human Services, and the Director of the Centers for Disease Control and Prevention, shall, subject to the availability of appropriations, establish a 180-day pilot program (referred to in this section as the pilot program ) to conduct temperature checks for domestic and international passengers, individuals accompanying those passengers, crew members, and other individuals who pass through airport security screening locations at which screening is conducted by the Transportation Security Administration. (2) Selection of screening locations The Administrator, in the discretion of the Administrator, shall select airport security screening locations described in paragraph (1) that represent diverse operating conditions, such as high, medium, and low passenger throughput, and airport locations for the pilot program. (c) Screening The pilot program shall require temperature checks of individuals, including passengers, individuals accompanying those passengers, crew members, and other individuals who pass through airport security screening locations selected for the pilot program under subsection (b), for fevers when such individuals first present themselves for screening at such a screening location. An individual who registers a fever shall be subject to secondary medical screening by medical professionals. 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, subject to the terms of and any applicable exemptions under the pilot program. (d) Elements In developing the pilot program, the Administrator shall, in the discretion of the Administrator, address the following elements: (1) The types and costs of technology that may be used to conduct temperature checks. (2) Policies applicable to screening procedures, including a cost-benefit analysis, which may include consideration of whether procedures can address accommodating individuals with medically documented disabilities or religious objections. (3) Procedures for individuals who register a fever, which shall include secondary medical screening procedures to be administered by medical professionals, including the use of available viral testing methods and demonstration of vaccination. (4) Mechanisms to protect, to the maximum extent practicable, the privacy and medical information of individuals subjected to temperature checks. (5) Procedures to protect employees and contractors of the Transportation Security Administration and reduce the risk of exposure to COVID–19 when conducting temperature checks and carrying out the pilot program. (6) Procedures for exempting individuals who have a fever unrelated to COVID–19, including in relation to secondary medical screening procedures, as described in paragraph (3). (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. (8) Policies to ensure a final decision regarding access by an individual to the sterile area of an airport is made and carried out by a designated management official. (9) Policies to ensure, to the maximum extent practicable, the continued security, operations, and efficient throughput of individuals at airport security screening locations and airports selected for the pilot program under subsection (b). (10) Consultation and cooperation with airport authorities at airports selected for the pilot program, including in relation to mitigating any disruption of airport operations. (e) Equipment The Administrator may conduct temperature checks under the pilot program only using a device lawfully manufactured and distributed, in accordance with guidance and recommendations issued by the Secretary of Health and Human Services, to measure the body temperature of an individual. (f) Procurement and coordination The Administrator shall procure temperature screening equipment and implement best practices for conducting passenger temperature checks and secondary medical screenings under the pilot program. (g) 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 to conduct 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. (3) Non-applicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply toa partnership authorized in this subsection. (h) Treatment of individuals prohibited in the sterile area (1) Passengers Under the pilot program, a passenger who is prohibited from flying after registering a fever and undergoing secondary medical screening under the pilot program shall be allowed to reschedule, request a voucher, or cancel the flight reservation at no cost to the passenger. If the passenger elects to cancel the flight reservation, the air carrier operating the flight shall refund to the passenger any previously paid fares, fees, and taxes applicable to the flight not later than 45 days after the date on which the passenger cancels the flight reservation. (2) Employees and contractors Any airport or air carrier employee or contractor, including an employee or contractor of an airport vendor or airport tenant, who is prohibited from entering the sterile area of the airport after registering a fever and undergoing secondary medical screening under the pilot program shall be subject to the leave policies and procedures of the employer of the employee or contractor. (i) Passenger notification system The Administrator shall design, test, and implement a notification system, to be operated by Transportation Security Administration, for alerting passengers of temperature checks under the pilot program that includes— (1) a notification of relevant public health guidelines relating to safe traveling in air transportation; (2) a message discouraging any individual who has a fever or other symptoms of COVID–19 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, subject to a secondary medical screening, if the pilot program established under subsection (b) is in effect in that airport. (j) Report on the pilot program Not later than 120 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 Transportation, the Secretary of Health and Human Services, and the Director of the Centers for Disease Control and Prevention, shall submit to the appropriate committees of Congress a report— (1) setting forth the findings of the pilot program; and (2) making recommendations for deploying a temperature check program and secondary medical screenings at airport security screening locations at which screening is conducted by the Transportation Security Administration for domestic and international passengers, individuals accompanying those passengers, crew members, and other individuals who pass through such screening locations to respond to public health emergencies.

December 17, 2021 Reported with an amendment