Ensuring Health Safety in the Skies Act of 2020
Summary
Senate Report 116–246, Calendar No. 508, is the report of the Committee on Commerce, Science, and Transportation, submitted by Mr. Wicker and ordered to be printed August 6, 2020, with a Congressional Budget Office cost estimate, on S. 3681, the Ensuring Health Safety in the Skies Act of 2020. The Committee reports favorably, with an amendment in the nature of a substitute and an amendment to the title, the bill to require a joint task force on the operation of air travel during and after the COVID-19 pandemic. The report states that the bill's purpose is to direct the Departments of Health and Human Services, Homeland Security and Transportation to establish a joint task force and advisory committee to examine issues arising from continued air travel during the pandemic.
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Cite this document
“Ensuring Health Safety in the Skies Act of 2020.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-116srpt246-crpt-116srpt246/
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Calendar No. 508
116TH CONGRESS REPORT
" SENATE !
2d Session 116–246
ENSURING HEALTH SAFETY IN THE SKIES
ACT OF 2020
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND
TRANSPORTATION
ON
S. 3681
AUGUST 6, 2020.—Ordered to be printed
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U.S. GOVERNMENT PUBLISHING OFFICE
99–010 WASHINGTON : 2020
congress.#13
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED SIXTEENTH CONGRESS
SECOND SESSION
ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROY BLUNT, Missouri AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska TOM UDALL, New Mexico
CORY GARDNER, Colorado GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah JON TESTER, Montana
RON JOHNSON, Wisconsin KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana JACKY ROSEN, Nevada
RICK SCOTT, Florida
JOHN KEAST, Staff Director
DAVID STRICKLAND, Minority Staff Director
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(II)
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Calendar No. 508
116TH CONGRESS REPORT
" SENATE !
2d Session 116–246
ENSURING HEALTH SAFETY IN THE SKIES ACT OF 2020
AUGUST 6, 2020.—Ordered to be printed
Mr. WICKER, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 3681]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 3681) to require a joint task force
on the operation of air travel during and after the COVID–19 pan-
demic, and for other purposes, having considered the same, reports
favorably thereon with an amendment (in the nature of a sub-
stitute) and an amendment to the title and recommends that the
bill (as amended) do pass.
PURPOSE OF THE BILL
The purpose of this legislation is to direct the Department of
Health and Human Services, Department of Homeland Security,
and Department of Transportation to establish a joint task force
and advisory committee to examine issues arising from continued
air travel during the COVID–19 pandemic.
BACKGROUND AND NEEDS
S. 3681, the Ensuring Health Safety in the Skies Act of 2020, di-
rects the Department of Health and Human Services, Department
of Homeland Security, and Department of Transportation to estab-
lish a joint task force to examine issues arising from continued air
travel during the coronavirus pandemic. Specifically, the joint task
force would be responsible for developing recommended require-
ments, plans, and guidelines to address logistical, health, safety,
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and security issues, and the resumption of full operations at air-
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2
ports and increased passenger air travel after the current emer-
gency ends.
As sections of the United States begin phased reopening, the
Centers for Disease Control and Prevention (CDC) continue to ad-
vise the public that travel increases the probability of contracting
and spreading the novel coronavirus, which causes COVID–19.1 Air
travel requires passengers to gather in relatively close proximity in
security lines, airport terminals, and onboard the aircraft. These
situations can bring passengers into close contact with other people
and frequently touched surfaces. According to CDC, most viruses
and other germs do not spread easily on aircraft, because of how
air circulates and is filtered on aircraft.2 However, social distancing
is difficult on full aircraft.3 This may increase risk for exposure to
the virus that causes COVID–19.4
The COVID–19 pandemic has presented a substantial challenge
to the aviation industry. Passenger airlines are suffering from gov-
ernment-imposed travel restrictions, the elimination of most non-
essential business travel, and overall lack of consumer demand.5
Compared to 2019, the Transportation Security Administration’s
Checkpoint Traveler Throughput tracker indicated that the number
of air travelers was down 95 percent in April 2020 and 90 percent
in May 2020.6 As a result, airlines are losing revenue while con-
tinuing to draw down cash reserves. Based on past experience,
many industry experts anticipate that it will take years for airlines
to recover from the pandemic.7 Cargo airlines are also being im-
pacted by the COVID–19 pandemic. Air cargo is often transported
under the cabin on passenger aircraft, and complications in the
supply chain have arisen due to the decrease in passenger flights.
Airlines are not the only sector of the aviation industry impacted,
as airports within the United States have faced numerous finan-
cial, logistical, and safety challenges. Most airports that have pas-
senger airline service have implemented new health or cleaning
procedures in response to COVID–19. Businesses supporting those
airports have lost revenue, which has resulted in thousands of lost
jobs at these airports.8 Many airport infrastructure and mainte-
nance programs have also been deferred. Airports often serve as
economic drivers in their communities, and the lack of activity at
an airport can likely have rippling effects on local economies. The
airline, airport, manufacturing, and other aviation sectors also face
challenges in protecting the aviation workforce.
For passenger flights that continue to operate, airlines have
faced challenges in providing flight attendants, pilots, and their
other workers with appropriate resources to protect themselves
1 Centers for Disease Control and Prevention, ‘‘Travel: Frequently Asked Questions and An-
swers’’ (https://www.cdc.gov/coronavirus/2019-ncov/travelers/faqs.html) (accessed Jul. 2,
2020).
2 Ibid.
3 Ibid.
4 Ibid.
5 Rachel Y. Tang, ‘‘COVID–19 and Funding Civil Aviation,’’ Congressional Research Service,
Mar. 23, 2020 (https://www.crs.gov/Reports/IN11267?source=IAP) (accessed Jul. 2, 2020).
6 ‘‘Impact of COVID–19; Data Updates,’’ Airlines for America, Apr. 30, 2020 (https://
www.airlines.org/dataset/impact-of-covid19-data-updates/) (accessed Jul. 2, 2020).
7 Brianna Gurciullo, ‘‘Absent Vaccine, Airline Industry May Be Gutted for Years,’’ Politico,
Apr. 27, 2020 (https://www.politico.com/news/2020/04/27/vaccine-airline-coronavirus-212551)
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(accessed Jul. 9, 2020).
8 Sam Mintz, ‘‘Aviation’s New Normal,’’ Politico, Apr. 24, 2020 (https://www.politico.com/
newsletters/morning-transportation/2020/04/24/aviations-new-normal-787113) (accessed Jul. 9,
2020).
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3
from possibly infected passengers. Some airline employees have
raised concerns with the frequency and thoroughness of aircraft
cleaning, availability of personal protective equipment (PPE), and
availability of sick leave should an employee fall ill. Most airlines
have begun to require passengers to wear masks when flying in an
effort to reduce the spread of COVID–19 and have implemented
modified boarding processes and seating arrangements.9 There are
similar concerns for airport workers regarding facility cleaning,
PPE availability, and provision of sick leave.
SUMMARY OF PROVISIONS
S. 3681 would do the following:
• Require the establishment of a joint task force that includes
representatives from the Department of Transportation, the
Department of Homeland Security, the Department of Health
and Human Services, the Federal Aviation Administration, the
Transportation Security Administration, U.S. Customs and
Border Protection, the Centers for Disease Control and Preven-
tion, the Occupational Safety and Health Administration, the
National Institute for Occupational Safety and Health, the
Pipeline and Hazardous Materials Safety Administration, the
Department of State, and the Environmental Protection Agen-
cy. The joint task force would:
• Develop recommended requirements, plans, and guidelines to
address the health, safety, security, and logistical issues re-
lated to continuation of air travel during and after the
COVID–19 health emergency.
• Consult, as practicable, with relevant international entities
and operators, including the International Civil Aviation Or-
ganization.
• Require the Secretary of Transportation to chair the joint task
force and the Secretary of Health and Human Services to serve
as the vice-chair.
• Require the joint task force to consider the consensus rec-
ommendations of the advisory committee, conduct cost-benefit
evaluations, consider funding constraints, and use risk-based
decision-making when making its recommendations.
• Require the joint task force to brief Congress on initial rec-
ommendations to ensure safe air travel before the COVID–19
pandemic ends and during the immediate period after the dis-
ease subsides, as soon as practicable, but not later than 6
months after establishment. Within 18 months, the task force
would submit a final report to Congress detailing all of its rec-
ommendations.
• Require the Secretary of Transportation, in consultation with
the Secretary of Homeland Security and the Secretary of
Health and Human Services, to establish an advisory com-
mittee with representatives from airports, airlines, aircraft
manufacturers, labor unions representing aviation workers,
public health experts, consumer and passenger rights organiza-
tions, privacy and civil liberty organizations, the manufactur-
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9 Brianna Gurciullo, ‘‘Absent Vaccine, Airline Industry May Be Gutted for Years,’’ Politico,
Apr. 27, 2020 (https://www.politico.com/news/2020/04/27/vaccine-airline-coronavirus-212551)
(accessed Jul. 2, 2020).
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4
ers of passenger screening technologies, and trade associations
representing air carrier and airport operators.
LEGISLATIVE HISTORY
S. 3681 was introduced on May 11, 2020, by Senator Markey (for
himself and Senator Blumenthal) and was referred to the Com-
mittee on Commerce, Science, and Transportation of the Senate.
On May 20, 2020, the Committee met in open Executive Session
and, by voice vote, ordered S. 3681 reported favorably with an
amendment (in the nature of a substitute).
Hearing
On May 6, 2020, the Committee held a hearing entitled ‘‘The
State of the Aviation Industry: Examining the Impact of the
COVID–19 Pandemic.’’ This hearing provided an update on the sta-
tus of the aviation industry, challenges resulting from the COVID–
19 pandemic, and oversight of the implementation of the
Coronavirus Aid, Relief, and Economic Security (CARES) Act.10
The witnesses included representatives of the Aerospace Industries
Association, Airlines for America, American Association of Airport
Executives, and the University of Washington.
ESTIMATED COSTS
In accordance with paragraph 11(a) of rule XXVI of the Standing
Rules of the Senate and section 403 of the Congressional Budget
Act of 1974, the Committee provides the following cost estimate,
prepared by the Congressional Budget Office:
S. 3681 would require the Departments of Health and Human
Services, Homeland Security, and Transportation to establish a
joint task force on air travel during and after the COVID–19 public
health emergency. The task force would consist of representatives
from various federal agencies, and would develop policy rec-
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10 Public Law 116–136.
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ommendations to address issues related to airport and air carrier
operations during and after the coronavirus pandemic.
The bill also would require those departments to establish a joint
federal advisory committee that would assist the task force with
developing recommendations. Committee members would include
public health experts, representatives of industry groups and re-
lated businesses, and other interested parties.
The task force would be required to report to the Congress within
18 months of enactment, and the task force and advisory com-
mittee would terminate 30 days after that report.
Based on the cost of similar activities, CBO estimates that imple-
menting S. 3681 would cost $1 million over the 2020–2025 period;
such spending would be subject to the availability of appropriated
funds.
The CBO staff contact for this estimate is Aaron Krupkin. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Director
of Budget Analysis.
REGULATORY IMPACT STATEMENT
In accordance with paragraph 11(b) of rule XXVI of the Standing
Rules of the Senate, the Committee provides the following evalua-
tion of the regulatory impact of the legislation, as reported:
Number of Persons Covered
S. 3681, as amended, would require a joint task force and advi-
sory committee to examine issues arising from continued air travel
during the COVID–19 pandemic. The joint task force would be re-
quired to make recommendations for any actions needed to ensure
the continued safe operation of the air transportation system, but
does not authorize any new regulations upon any individuals or
businesses.
Economic Impact
S. 3681, as amended, is not expected to have a negative impact
on the Nation’s economy.
Privacy
S. 3681, as amended, is not expected to impact the personal pri-
vacy of individuals.
Paperwork
S. 3681, as amended, would not create increases in paperwork
burdens other than requiring the task force to produce a final re-
port to Congress of its recommendations.
CONGRESSIONALLY DIRECTED SPENDING
In compliance with paragraph 4(b) of rule XLIV of the Standing
Rules of the Senate, the Committee provides that no provisions
contained in the bill, as reported, meet the definition of congres-
sionally directed spending items under the rule.
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SECTION-BY-SECTION ANALYSIS
Section 1. Short title.
This section would provide that the bill may be cited as the ‘‘En-
suring Health Safety in the Skies Act of 2020’’.
Section 2. Definitions.
This section would define the terms ‘‘Advisory Committee’’, ‘‘air
travel’’, ‘‘COVID–19 public health emergency’’, and ‘‘Joint Task
Force’’.
Section 3. Joint Task Force on Air Travel During and After the
COVID–19 Public Health Emergency.
This section would direct the establishment of a Joint Task Force
on Air Travel During and After the COVID–19 Public Health
Emergency (Joint Task Force) by the Secretary of Transportation,
the Secretary of Homeland Security, and the Secretary of Health
and Human Services. The Joint Task Force would develop rec-
ommended requirements, plans, and guidelines to address the
health, safety, security and logistical issues related to continuation
of air travel during and after the COVID–19 health emergency.
The section would provide direction to the Joint Task Force in de-
veloping its recommendations. Furthermore, this section would re-
quire the Joint Task Force, when developing its recommendations,
to consider cost-benefit evaluations, consider funding constraints,
and use risk-based decision making. The Joint Task Force would
consult with relevant international entities and operators, includ-
ing the International Civil Aviation Organization, with the goal of
maximizing harmonization efforts for air travel. The Joint Task
Force would be chaired by the Secretary of Transportation and vice
chaired by the Secretary of Health and Human Services, or their
respective designees, and include representatives from the Depart-
ments of Transportation, Homeland Security, Health and Human
Services, the Federal Aviation Administration, the Transportation
Security Administration, U.S. Customs and Border Protection, the
Centers for Disease Control and Prevention, the Occupational Safe-
ty and Health Administration, the National Institute for Occupa-
tional Safety and Health, the Pipeline and Hazardous Materials
Safety Administration, the Department of State, and the Environ-
mental Protection Agency.
Section 4. Joint Federal Advisory Committee.
This section would establish a Federal Advisory Committee (Ad-
visory Committee) to advise the Joint Task Force that would be
comprised of representatives from airports, air carriers, aviation
manufacturers, labor organizations representing aviation industry
workers (including, but not limited to, pilots, flight attendants, en-
gineers, maintenance, mechanics, air traffic controllers, and safety
inspectors), security screening personnel, consumer and air pas-
senger rights organizations, public health experts, privacy and civil
liberty organizations, manufacturers and integrators of air pas-
senger screening and identity verification technologies, trade asso-
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ciations representing air carriers (including, but not limited to,
major air carriers, low cost carriers, regional air carriers, cargo air
carriers, and foreign air carriers), and trade associations rep-
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resenting airport operators (including, but not limited to, large
hub, medium hub, small hub, nonhub primary, and nonprimary
commercial service airports), as designated by the appropriate Sec-
retary. Any vacancy on the Advisory Committee would be filled in
the same manner as the original appointment and not affect the
Advisory Committee’s responsibilities. The Advisory Committee
would develop and submit policy recommendations to the Joint
Task Force. Not later than 14 days after the Advisory Committee
submits policy recommendations to the Joint Task Force, the Sec-
retary of Transportation would publish the policy recommendations
on a publicly accessible website.
Section 5. Briefings and Reports.
This section would provide that as soon as practicable, but not
later than 6 months after the Joint Task Force is established, the
Joint Task Force would begin providing preliminary briefings to
Congress on the status of the development of the recommended re-
quirements, plans, and guidelines. The Joint Task Force would sub-
mit a final report to Congress not later than 18 months after the
date of enactment of this Act. This report would include all of the
recommended requirements, plans, and guidelines and description
of any actions taken by the Federal Government as a result of the
recommendations by the Joint Task Force, as well as any con-
sensus policy recommendations submitted by the advisory com-
mittee, and any action taken by the Joint Task Force in response
to such recommendations.
Section 6. Termination.
This section would provide that the Joint Task Force and Advi-
sory Committee would terminate 30 days after the date on which
the Joint Task Force submits the final report.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, the Committee states that the bill as reported
would make no change to existing law.
Æ
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