S. 3681 — what changed

Ensuring Health Safety in the Skies Act of 2020

From Reported in Senate to Engrossed in Senate. 2 sections amended and 4 added between Reported in Senate and Engrossed in Senate.

Section 1 Short Title

changed This Act may be cited as the “Restoring “Ensuring Health Safety in the Skies Act of 2020”.

Sec. 2 Definitions

added In this Act:

(a)

removed In general— The Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Transportation shall form a Joint Task Force on the Operation of Air Travel during and after the COVID–19 pandemic (in this section referred to as the Joint Task Force).

(1)

changed Duties—Advisory Committee— The Joint Task Force shall develop plans, guidelines, and recommended requirements to address the logistical, health, safety, and security issues relating to the continued operation of air travel during the COVID–19 pandemic, as well as the resumption of full operations at airports and increased passenger air travel after term Advisory Committee means the COVID–19 pandemic ends. The Joint Task Force shall develop, at a minimum, plans, guidelines, and recommended requirements for—Federal Advisory Committee established under section 4.

(1)

removed the immediate period after the end of the COVID–19 pandemic;

(2)

removed ongoing periods after the end of the COVID–19 pandemic;

(3)

removed reconfiguring and reforming airport and travel operations, including passenger queuing and security screening, as a result of current and anticipated permanent changes to passenger air travel during and after the COVID–19 pandemic, as well as the anticipated seasonal recurrence of the coronavirus;

(4)

removed reconfiguring and reforming the airplane boarding and deplaning processes, as well as baggage handling procedures, as a result of current and anticipated permanent changes to passenger air travel during and after the COVID–19 pandemic, as well as the anticipated seasonal recurrence of the coronavirus;

(5)

removed mitigating the public health and economic impacts of the COVID–19 pandemic and the anticipated seasonal recurrence of the coronavirus on airports and passenger air travel, including, but not limited to, the provision of personal protective equipment to aviation employees, the need for travelers to wear face masks, and the accommodation of social distancing;

(6)

removed addressing the privacy and civil liberty concerns created by passenger health screenings, contact-tracing, or any other process for monitoring the health of individuals engaged in air travel; and

(7)

removed operating procedures to manage future anticipated public health crises affecting air travel.

(2)

changed Membership—Air travel— The Joint Task Force shall include, at a minimum, representatives of the following:term air travel includes international air travel.

(3)

added 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)

added 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).

(1)

removed The Department of Transportation.

(2)

removed The Department of Homeland Security.

(3)

removed The Department of Health and Human Services.

(4)

removed The Federal Aviation Administration.

(5)

removed The Transportation Security Administration.

(6)

removed U.S. Customs and Border Protection.

(7)

removed The Centers for Disease Control and Prevention.

(8)

removed Airport operators.

(9)

removed Airlines.

(10)

removed Aircraft manufacturers.

(11)

removed Labor organizations representing aviation industry workers, including pilots, flight attendants, maintenance, and safety inspectors.

(12)

removed Public health experts.

(13)

removed Consumers and passenger rights organizations.

(14)

removed Privacy and civil liberty organizations.

(15)

removed Manufacturers of passenger screening technologies.

(d)

removed Reports—

(1)

removed Preliminary report with emergency recommendations— As soon as practicable after the establishment of the Joint Task Force, the Joint Task Force shall submit a preliminary report to Congress that contains the plans, guidelines, and recommended requirements necessary to ensure safe air travel before the COVID–19 pandemic ends and during the immediate period after the end of such pandemic. The Joint Task Force may submit the preliminary report required under this paragraph in installments and may include interim versions of the Joint Task Force's plans, guidelines, and recommended requirements.

(2)

removed Final report— Not later than 6 months after the date of the enactment of this Act, the Joint Task Force shall submit a final report to Congress that contains all of the plans, guidelines, and recommended requirements developed by the Joint Task Force, including any revised or finalized plans, guidelines, or recommended requirements that were included in an interim version in the preliminary report (or an installment of such report) submitted to Congress as required under paragraph (1).

Sec. 3 Joint Task Force on Air Travel During and After the COVID–19 Public Health Emergency

added

(a)

added 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)

added Duties—

(1)

added 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)

added the continuation of air travel during the COVID–19 public health emergency; and

(B)

added the resumption of full operations at airports and increased passenger air travel after the COVID–19 public health emergency.

(2)

added Recommendations— The recommendations developed under paragraph (1), with respect to the applicable periods described in paragraph (3), shall include—

(A)

added 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)

added current and anticipated changes to passenger air travel during and after the COVID–19 public health emergency; and

(ii)

added anticipated changes to passenger air travel resulting from any seasonal recurrence of the coronavirus;

(B)

added 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)

added 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)

added operating procedures to manage future public health crises that can be anticipated, to the extent such public health crises may impact air travel.

(3)

added Applicable periods— For purposes of paragraph (2), the applicable periods described in this paragraph are the following periods:

(A)

added 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)

added The 1-year period beginning on the day after the end of the period described in subparagraph (A).

(c)

added Activities of the Joint Task Force—

(1)

added 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)

added conduct cost-benefit evaluations regarding such recommendations, including costs impacting air operations and impacts on air travel;

(B)

added consider funding constraints;

(C)

added use risk-based decision-making; and

(D)

added 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)

added 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)

added Membership—

(1)

added Chair— The Secretary of Transportation (or the Secretary’s designee) shall serve as Chair of the Joint Task Force.

(2)

added 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)

added Other members— In addition to the Chair and Vice-Chair, the members of the Joint Task Force shall include representatives of the following:

(A)

added The Department of Transportation.

(B)

added The Department of Homeland Security.

(C)

added The Department of Health and Human Services.

(D)

added The Federal Aviation Administration.

(E)

added The Transportation Security Administration.

(F)

added U.S. Customs and Border Protection.

(G)

added The Centers for Disease Control and Prevention.

(H)

added The Occupational Safety and Health Administration.

(I)

added The National Institute for Occupational Safety and Health.

(J)

added The Pipeline and Hazardous Materials Safety Administration.

(K)

added The Department of State.

(L)

added The Environmental Protection Agency.

Sec. 4 Joint Federal Advisory Committee

added

(a)

added 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)

added 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)

added Membership— The members of the Advisory Committee shall include representatives of the following:

(1)

added Airport operators designated by the Secretary of Transportation in consultation with the Secretary of Homeland Security.

(2)

added Air carriers designated by the Secretary of Transportation.

(3)

added Aircraft and aviation manufacturers designated by the Secretary of Transportation.

(4)

added Labor organizations representing—

(A)

added aviation industry workers (including pilots, flight attendants, engineers, maintenance, mechanics, air traffic controllers, and safety inspectors) designated by the Secretary of Transportation; and

(B)

added security screening personnel designated by the Secretary of Homeland Security.

(5)

added Public health experts designated by the Secretary of Health and Human Services.

(6)

added Organizations representing airline passengers designated by the Secretary of Transportation.

(7)

added Privacy and civil liberty organizations designated by the Secretary of Homeland Security.

(8)

added Manufacturers and integrators of passenger screening and identity verification technologies designated by the Secretary of Homeland Security.

(9)

added 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)

added 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.

(d)

added 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)

added 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)

added 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

added

(a)

added 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)

added Final report—

(1)

added 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)

added Content— The final report shall include the following:

(A)

added 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)

added 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

added

added 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).