,,ii #aafth ,,congress #b;d ,session ,s4 #dfbc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ag1 #bjbj,ms4 ,cantwell 7for herself and ,mr4 ,scott of ,florida7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to establish a temperature checks pilot program for air transportation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fly ,safe and ,healthy ,act of #bjbj4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,transportation ,security ,administration4 7#b7 ,air transportation ,the term air transportation has the meaning given that term in section #djajb of title #di1 ,united ,states ,code4 7#c7 ,,covid-#ai public health emergency ,the term ,,covid-#ai public health emergency means the public health emergency first declared on ,january #ca1 #bjbj1 by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 with respect to the #bjai ,novel ,coronavirus 7,,covid-#ai7 and includes any renewal of such declaration pursuant to such section #cai4 7#d7 ,fever ,the term fever means #ajj4d degrees ,fahrenheit or higher1 or the meaning given that term pursuant to guidelines of the ,centers for ,disease ,control and ,prevention related to ,,covid-#ai4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#f7 ,sterile area ,the term sterile area has the meaning given that term in section #aedj4e of title #di1 ,code of ,federal ,regulations 7or any successor regulation74 7#g7 ,temperature check ,the term temperature check means the screening of individuals for a fever4 #c4 ,temperature checks pilot program 7a7 ,in general ,not later than #cj days after the enactment of this ,act1 the ,administrator1 in consultation with the ,secretary1 the ,secretary of ,homeland ,security1 the ,secretary of ,health and ,human ,services1 and the ,director of the ,centers for ,disease ,control and ,prevention1 shall establish a #abj-;day pilot program to conduct temperature checks for domestic and international passengers1 individuals accompanying those passengers1 crew members1 and other individuals who pass through airports and airport security screening locations 7referred to in this section as the pilot program74 ,the ,administrator shall select airports that represent diverse operating conditions1 such as high1 medium1 and low passenger throughput1 and locations for the pilot program4 7b7 ,screening ,the pilot program shall require screening of passengers1 individuals accompanying those passengers1 crew members1 and other individuals who pass through airports and airport security screening locations for fevers4 ,an individual who is found to have a fever shall be subject to secondary medical screening4 ,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 airport4 7c7 ,elements ,in developing the pilot program1 the ,administrator shall address-- 7#a7 the types of technology that may be used to conduct temperature checks2 7#b7 policies applicable to screening procedures2 7#c7 procedures for individuals who register a fever1 which shall include secondary screening by a medical professional2 7#d7 mechanisms for protecting the privacy and medical information of individuals subjected to temperature checks2 7#e7 procedures for accommodating individuals with disabilities or observing certain religious practices1 as appropriate2 7#f7 procedures for exempting individuals who may have a fever unrelated to ,,covid-#ai2 7#g7 training on the policies1 procedures1 and equipment for employees responsible for implementing the pilot program1 to be completed prior to initiation of such program2 and 7#h7 policies to ensure a final decision regarding access to the sterile area of an airport are made and carried out by a supervisor4 7d7 ,equipment ,the ,administrator only may conduct temperature checks under the program established under this section using a device lawfully manufactured and distributed1 or a device manufactured and distributed in accordance with guidance issued by the ,secretary of ,health and ,human ,services1 to measure the body temperature of a person4 7e7 ,procurement and coordination 7#a7 ,in general ,the ,administrator1 in coordination with the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 shall procure temperature screening equipment and implement best practices for conducting passenger temperature checks under the pilot program4 7#b7 ,rule of construction ,paragraph 7#a7 shall not be construed as requiring the pilot program to be conducted at ,u4,s4 ,customs and ,border ,protection screening locations4 7f7 ,partnerships 7#a7 ,in general ,the ,administrator may enter into partnerships or contracts with private entities1 universities or other academic institutions1 national laboratories1 public health authorities1 or other entities to develop1 evaluate1 or improve technology for purposes of detecting fevers or conducting secondary medical screening under the pilot program4 7#b7 ,airports ,the ,administrator may partner with airports that have temperature screening programs to develop best practices1 share data1 and implement the pilot program1 but may not require airports to share in the costs of the pilot program except by mutual agreement4 7g7 ,treatment of individuals prohibited in the sterile area 7#a7 ,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 passenger4 7#b7 ,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 employer4 7h7 ,program for remainder of ,,covid-#ai public health emergency ,not later than #ij days after the completion of the pilot program1 based on the results of the pilot program and the most up-to-date and best available public health information1 data1 and evidence-based or evidence-informed scientific information1 the ,administrator1 in coordination with the ,secretary1 the ,secretary of ,homeland ,security1 the ,secretary of ,health and ,human ,services1 and the ,director of the ,centers for ,disease ,control and ,prevention1 shall issue policy for deploying a temperature check program at airports and airport security screening locations through the end of the ,,covid-#ai public health emergency for domestic and international passengers1 individuals accompanying those passengers1 crew members1 and other individuals who pass through airports and airport security screening locations4 7i7 ,authority ,the ,administrator shall issue regulations to implement the temperature check program under subsection 7h71 including with respect to secondary screening requirements4 #d4 ,inclusion of information about traveling during public health emergencies in passenger notification system 7a7 ,in general ,the ,secretary shall revise section #age4be of title #di1 ,code of ,federal ,regulations1 to require the inclusion in the passenger notification system during the ,,covid-#ai public health emergency of-- 7#a7 relevant guidelines relating to safe traveling in air transportation2 7#b7 a message discouraging any individual who has a fever from traveling in air transportation2 and 7#c7 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 #c is in effect in that airport4 7b7 ,timelines ,the ,secretary shall-- 7#a7 revise section #age4be of title #di1 ,code of ,federal ,regulations1 in accordance with the requirements of subsection 7a7 not later than #cj days after the date of enactment of this ,act2 and 7#b7 provide for the implementation of such revisions not later than #ij days after such date of enactment4