Airport Alert: Senate Committee Approves COVID-19 Air Travel Task Force Legislation

May 20, 2020

This morning, the Senate Committee on Commerce, Science and Transportation considered a number of legislative measures, nominations, and promotions.  Of note, the committee approved unanimously a bill to establish a joint task force for the safe operations of air travel during and after the COVID-19 pandemic,  S. 3681.  The measure, which was sponsored by Senators Ed Markey (D-MA) and Richard Blumenthal (D-CT), was modified to include input from committee Republicans and Democrats.  Committee Chairman Roger Wicker (R-MS) and Senator Blumenthal both indicated their hope that the bipartisan bill would be considered and approved by the Senate on an expedited basis. 

S. 3681, Establishing a COVID-19 Joint Task Force:
 
This legislation requires within 30 days, the Secretaries of Transportation, Homeland Security, and Health and Human Services to establish a "Joint Task Force on Air Travel During and After the COVID-19 Public Health Emergency."  The Secretary of Transportation is designated as the Chair of the Task Force.  The Task Force is required to develop 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, and for the resumption of full operations of passenger air travel at airports after the pandemic ends.   
 
Among other items, the Task Force will identify reforms to airport, air carrier, security, and other passenger air travel-related operations, including passenger queuing, passenger security screening, boarding, deplaning, and baggage handling procedures.  In developing these requirements, plans, and guidelines, the Task Force must conduct cost-benefit evaluations, consider funding constraints, and use risk-based decision making.  The Task Force will also address how to mitigate seasonal recurrences of the coronavirus, including through the use of personal protective equipment for passengers and employees, the implementation of strategies to promote overall passenger and employee safety, and the accommodation of social distancing as necessary.  
 
The legislation also establishes an advisory committee to advise the Task Force.  Airports and associations representing airports would be included on this advisory committee under the bill as approved today.  
 
The legislation requires the Task Force to brief Congress on its preliminary recommendations within six months; a final report is due within 18 months.  
 
The legislation is consistent with recommendations presented to the committee by AAAE President and CEO Todd Hauptli at a May 6, 2020, hearing on the impacts of COVID-19 on air travel.  In his written testimony, which can be viewed here, Hauptli outlined the need for clear and consistent federal guidelines on recovery to reassure the public that industry and government are prioritizing public health and safety and so that passengers know what to expect regardless of the airline or airport they happen to choose for their travel.  
 
Registered Traveler:

Originally the Commerce Committee planned to consider the Registered Traveler Act of 2020 sponsored by Senators Dan Sullivan (R-AK), Kyrsten Sinema (D-AZ), Jackie Rosen (D-NV) and Committee Chairman Roger Wicker (R-MS).  This legislation would authorize and modernize the Transportation Security Administration's (TSA) registered traveler program.  The proposed legislation would give private sector registered traveler service providers the ability to conduct identity verification (including using biometrics) and traveler vetting authentication (i.e. check the boarding pass) as well as allow the service providers to give travelers direct access to TSA screening.  In addition, the proposed legislation would provide these service providers direct access to Secure Flight.  

During the session today, Chairman Wicker noted that TSA had raised concerns about the proposed legislation so it was removed from the calendar.  Chairman Wicker indicated the committee would consider this legislation at another time.