Airport Alert: Senate Committee Advances COVID-Related and Advanced Air Mobility Legislation

May 12, 2021

The Senate Commerce Committee met to consider several bills today, including S. 316, the Fly Safe and Healthy Act sponsored by Chair Maria Cantwell (D-WA) and Senator Rick Scott (R-FL); S. 82, Ensuring Health Safety in the Skies Act sponsored by Senators Ed Markey (D-MA), Roger Wicker (R-MS), and Richard Blumenthal (D-CT); and S. 516, the Advanced Air Mobility Coordination and Leadership Act sponsored by Senators Jerry Moran (R-KS) and Kyrsten Sinema (D-AZ). All three bills were favorably reported out of Committee by voice vote, however eight Republican Senators voted against S. 316. These three bills will now advance to the full Senate for consideration at some point in the future. 

Fly Safe and Healthy Act: 
At the executive session, Chair Cantwell offered a substitute amendment to the Fly Safe and Healthy Act that substantially modified the legislation from what had been introduced earlier this year. Under the approved version, TSA would conduct a pilot program on temperature checks at select airports of varying sizes for six months. Transportation Security Officers would take the temperature of all passengers, individuals accompanying those passengers, crew members, and others at the security screening locations. Anyone with a temperature above 100.4 degrees would receive secondary screening by a medical professional and, depending on the result, TSA would determine whether or not that individual can enter the sterile area of the airport. Under this pilot program, if a passenger is prohibited from flying after registering a fever and undergoing secondary medical screening, the individual shall be allowed to reschedule their flight, request a voucher, or cancel the flight reservation at no cost. 

At the conclusion of the pilot, TSA will issue a report to Congress on their findings and any recommendations. This is a critical change compared to what was considered in the 116th Congress, which required a nationwide rollout of temperature checking at the conclusion of the pilot.  

The pilot program is subject to available funding at TSA because the agency is fully responsible for the costs of this pilot program, including all costs related to procuring the equipment and entering into partnerships with medical professionals for secondary screening. The legislation clearly states that airports are not required to share in the costs for this pilot program. 

Ensuring Health Safety in the Skies Act:
This bill requires the Department of Transportation (DOT), the Department of Homeland Security, and the Department of Health and Human Services to form a temporary joint task force on air travel during and after the COVID-19 public health emergency. The task force must develop recommended 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, as well as the resumption of full operations at airports and increased passenger air travel after the COVID-19 public health emergency ends. A final report is due within 18 months. 

To assist in the development of the policy recommendations, the bill requires DOT to establish a joint federal advisory committee to guide the task force. Airport operators, as well as associations representing airports, will be part of this advisory committee. 

AAAE President and CEO Todd Hauptli testified in support of this bill when it was originally proposed in 2020. 

Advanced Air Mobility Coordination and Leadership Act:
This bill directs DOT to establish an Advanced Air Mobility (AAM) interagency working group to plan and coordinate efforts related to the safety, infrastructure, physical security, cybersecurity, and federal investment necessary to bolster the AAM ecosystem in the United States. Advanced Air Mobility refers to an air transportation system that moves people and cargo between places using new aircraft designs that are integrated into existing airspace operations as well as operated in local, regional, intraregional, rural, and urban environments. AAAE recently signed a broad coalition stakeholder letter in support of S. 516. That letter highlighted the enormous potential and broad societal benefits of this rapidly developing and transformative aviation sector. 

To watch the full proceedings, here is a link to the Senate Commerce Committee's executive session