Airport Alert: Senators Introduce Legislation to Conduct Temperature Checks at Airport Security Checkpoints

September 18, 2020

Senate Commerce, Science, and Transportation Committee Ranking Member Maria Cantwell (D-WA) and Senator Rick Scott (R-FL) today introduced bipartisan legislation - the Fly Safe and Healthy Act of 2020 - that would require the Transportation Security Administration (TSA) to establish a pilot program to conduct temperature screenings at airport security checkpoints, with the expectation that temperature checking would eventually be expanded nationwide until the end of the COVID-19 health emergency.
 
The bill directs TSA to deploy a 120-day temperature check pilot program across the United States that will test technologies and procedures on domestic and international passengers, individuals accompanying those passengers, crew members, and other individuals who pass through airports and airport security screening locations. The legislation directs the TSA Administrator to select a diverse group of airports for this pilot program to reflect different operating conditions. Additionally, the Administrator may partner with airports that already have temperature screening programs as part of this pilot program to develop best practices and share data, but those airports are "not required to share in the costs of the pilot program except by mutual agreement."
 
If an individual is found to have a temperature (100.4 or above), the legislation states that they will be subject to secondary medical screening and shall be denied admission to the sterile area of the airport. Air carriers must permit a passenger who is prohibited from flying because of a fever or as a result of a secondary medical screening to reschedule or cancel their flight at no cost.

At the completion of the pilot program and based on the most up-to-date public health or scientific information, TSA would be required to issue a policy for deploying a temperature check program at airports and airport screening locations nationwide through the end of the public health emergency.

Additional details on the legislation, including a Question and Answer document, have been made available. The measure has been endorsed by A4A, U.S. Travel, and other industry officials. Others, including a number of airports, have expressed reservations about proceeding with mandated temperature checking, especially in light of the recent announcement by the CDC relating to the effectiveness of health screening of arriving international passengers

In July, three House members introduced a similar bill, the Healthy Skies Act (H.R. 7651), that would require TSA to conduct a pilot program to screen all passengers for a temperature before they could proceed through the security checkpoint.   

At this time, the federal government's Runway to Recovery guidance does not recommend temperature screening as a stand-alone public health measure but has indicated that some airports or airlines could use it as part of their multi-layered approach to detect sick travelers.  AAAE has regularly discussed this topic, including concerns raised by airports, with Congress, TSA, the Federal Aviation Administration, the Department of Transportation, the CDC, airlines, and others, and we will continue to engage with policy-makers as discussions on these and other proposals continue.