[Senate Report 116-246]
[From the U.S. Government Publishing Office]
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
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
Calendar No. 508
116th Congress } { Report
SENATE
2d Session } { 116-246
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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 pandemic, and for other purposes, having considered
the same, reports favorably thereon with an amendment (in the
nature of a substitute) 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, directs the Department of Health and Human Services,
Department of Homeland Security, and Department of
Transportation to establish 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 requirements, plans, and
guidelines to address logistical, health, safety, and security
issues, and the resumption of full operations at airports and
increased passenger air travel after the current emergency
ends.
As sections of the United States begin phased reopening,
the Centers for Disease Control and Prevention (CDC) continue
to advise 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\
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\1\Centers for Disease Control and Prevention, ``Travel: Frequently
Asked Questions and Answers'' (https://www.cdc.gov/coronavirus/2019-
ncov/travelers/faqs.html) (accessed Jul. 2, 2020).
\2\Ibid.
\3\Ibid.
\4\Ibid.
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The COVID-19 pandemic has presented a substantial challenge
to the aviation industry. Passenger airlines are suffering from
government-imposed travel restrictions, the elimination of most
nonessential 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 continuing 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 impacted 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.
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\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) (accessed Jul. 9,
2020).
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Airlines are not the only sector of the aviation industry
impacted, as airports within the United States have faced
numerous financial, logistical, and safety challenges. Most
airports that have passenger 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 maintenance 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.
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\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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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 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.
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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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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
Prevention, 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 Agency. The joint task force
would:
Develop recommended 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.
Consult, as practicable, with relevant
international entities and operators, including the
International Civil Aviation Organization.
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 recommendations 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 recommendations to ensure safe air travel
before the COVID-19 pandemic ends and during the
immediate period after the disease 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
recommendations.
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 committee with representatives
from airports, airlines, aircraft manufacturers, labor
unions representing aviation workers, public health
experts, consumer and passenger rights organizations,
privacy and civil liberty organizations, the
manufacturers 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
Committee 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
status 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.
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\10\Public Law 116-136.
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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 recommendations 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 related 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
committee would terminate 30 days after that report.
Based on the cost of similar activities, CBO estimates that
implementing 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 evaluation of the regulatory impact of the
legislation, as reported:
Number of Persons Covered
S. 3681, as amended, would require a joint task force and
advisory committee to examine issues arising from continued air
travel during the COVID-19 pandemic. The joint task force would
be required 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
privacy of individuals.
Paperwork
S. 3681, as amended, would not create increases in
paperwork burdens other than requiring the task force to
produce a final report 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 congressionally directed spending items under the
rule.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title.
This section would provide that the bill may be cited as
the ``Ensuring 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 recommended 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 developing its recommendations.
Furthermore, this section would require 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, including 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 Departments 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 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 Agency.
Section 4. Joint Federal Advisory Committee.
This section would establish a Federal Advisory Committee
(Advisory 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, engineers, maintenance, mechanics,
air traffic controllers, and safety inspectors), security
screening personnel, consumer and air passenger rights
organizations, public health experts, privacy and civil liberty
organizations, manufacturers and integrators of air passenger
screening and identity verification technologies, trade
associations 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 representing 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 Secretary. 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 Secretary 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 requirements, plans, and
guidelines. The Joint Task Force would submit 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
consensus policy recommendations submitted by the advisory
committee, 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
Advisory 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.