“The U.S. Air Travel Public Safety Act” – Would require vaccination to fly domestically

on October 14, 2021

Senator Diane Feinstein has introduced a bill titled “The U.S. Air Travel Public Safety Act,” which would negatively impact millions of Americans who travel on domestic flights.

S. 2888 would require that all passengers provide proof of being fully vaccinated against COVID-19, unless they can either produce proof of a negative test within the previous 3 days or provide proof of recovery from a SARS-CoV-2 infection within the past 90 days.

The bill states that testing will be governed by the guidance of the Centers for Disease Control and Prevention and Human Health Services will develop “vaccination standards.”

Nowhere in the bill does it say that one dose of Johnson & Johnson’s vaccine or two doses of Moderna or Pfizer’s vaccines will be sufficient. A never-ending stream of booster shots could be required if Human Health Services so chooses.

Here is the actual bill:

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To reduce passenger, crewmember, and airport personnel risk of exposure to COVID–19, decrease the risk of transmission of COVID–19 on board aircraft and to United States destination communities through air travel, and protect children and other vulnerable individuals by preventing fur- ther spread of COVID–19 in the United States.

117TH CONGRESS 1ST SESSION

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IN THE SENATE OF THE UNITED STATES

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Mrs. FEINSTEIN introduced the following bill; which was read twice and referred to the Committee on llllllllll

A BILL

reduce passenger, crewmember, and airport personnel risk of exposure to COVID–19, decrease the risk of transmission of COVID–19 on board aircraft and to United States destination communities through air trav- el, and protect children and other vulnerable individuals by preventing further spread of COVID–19 in the United States.

Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘U.S. Air Travel Public Safety Act’’.

1 2 3 4 5

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1 SEC. 2. DOMESTIC AIR TRANSPORTATION WITHIN THE
2 UNITED STATES.
3 (a) TRAVEL REQUIREMENT.—The Secretary of
4 Health and Human Services (referred to in this section
5 as the ‘‘Secretary’’), in consultation with the Federal Avia-
6 tion Administration, shall develop national vaccination
7 verification standards and procedures in accordance with
8 this section. Such standards and procedures shall require
9 that all covered air carriers require that, before any pas-
10 senger may board an aircraft for a covered flight, such
11 passenger shall—
12 (1) provide the covered air carrier with docu-
13 mentation demonstrating that the passenger is fully
14 vaccinated (as defined by the Secretary or any suc-
15 cessor guidance) against the COVID–19 (SARS–
16 CoV–2) novel coronavirus; or
17 (2) attest under penalty of perjury that the pas-
18 senger has adhered to the international travel rec-
19 ommendations and requirements for individuals who
20 are not fully vaccinated (issued by the Centers for
21 Disease Control and Prevention) prior to boarding,
22 including requirements to provide proof of a negative
23 pre-departure qualifying test result for SARS–CoV–
24 2 or, alternatively, written or electronic documenta-
25 tion of recovery from COVID–19 after previous
26 SARS–CoV–2 infection, in accordance with the Cen-

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1 ters for Disease Control and Prevention’s testing re-
2 quirements and applicable guidance.
3 (b) REGULATIONS.—
4 (1) IN GENERAL.—The Secretary shall promul-
5 gate interim final rules to ensure that the standards
6 and procedures developed under subsection (a) are
7 applied to covered air carriers beginning on the date
8 that is not later than 30 days after the date of en-
9 actment of this Act.
10 (2) EXCEPTION.—The interim final rules pro-
11 mulgated under paragraph (1) shall include a list of
12 those categories of individuals and organizations
13 that are exempt from the standards and procedures
14 developed under this section. Such list shall be devel-
15 oped by the Secretary in accordance with the Cen-
16 ters for Disease Control and Prevention’s applicable
17 guidance.
18 (c) DEFINITIONS.—In this section:
19 (1) AIR CARRIER.—The term ‘‘air carrier’’ has
20 the meaning given that term in section 40102 of
21 title 49, United States Code.
22 (2) AIRCRAFT.—The term ‘‘aircraft’’ has the
23 meaning given that term in section 40102 of title
24 49, United States Code.

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(3) AIRPORT.—The term ‘‘airport’’ has the

meaning given that term in section 40102 of title 49, United States Code.

(4) ATTEST; ATTESTATION.—The terms ‘‘at- test’’ and ‘‘attestation’’ with respect to a passenger mean the passenger having completed the attestation described in this section. Such attestation may be completed in written or electronic form. The attesta- tion is a statement, writing, entry, or other rep- resentation under section 1001 of title 18, United States Code.

(5) COVERED AIR CARRIER.—The term ‘‘cov- ered air carrier’’ means—

(A) any air carrier engaged in passenger- carrying operations; or

(B) any foreign air carrier authorized to engage in passenger-carrying operations.
(6) COVERED FLIGHT.—The term ‘‘covered

flight’’ means a flight of a covered carrier that is scheduled to depart from, and arrive at, an airport located in the United States.

(7) DOCUMENTATION OF RECOVERY.—The term ‘‘documentation of recovery’’ with respect to a passenger means a confirmation that—

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(A) the passenger has presented docu-

mentation of a positive test result and a signed letter on official letterhead that contains the name, address, and phone number of a licensed health care provider or public health official stating that the passenger has been cleared for travel;

(B) the positive test result occurred within the last three months (90 days) preceding the passenger’s flight in the United States, or at such other intervals as specified in guidance issued by the Secretary;

(C) the personal identifiers (including the name and date of birth) on the positive test re- sult and signed letter match the personal identi- fiers on the passenger’s passport or other travel documents;

24 A test marked ‘‘invalid’’ is not acceptable.

(D) the test performed was a viral test; and

(E) the test result states ‘‘POSITIVE’’, ‘‘SARS-CoV-2 RNA DETECTED’’, ‘‘SARS- CoV-2 ANTIGEN DETECTED’’, or ‘‘COVID- 19 DETECTED’’.

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(8) FOREIGN AIR CARRIER.—The term ‘‘foreign

air carrier’’ has the meaning given that term in sec- tion 40102 of title 49, United States Code.

(9) QUALIFYING TEST RESULT.—The term ‘‘qualifying test result’’ with respect to a passenger means confirmation that—

(A) the personal identifiers (including the name and date of birth) on the negative Quali- fying Test result match the personal identifiers on the passenger’s passport or other travel doc- uments;

(B) the specimen was collected within the 3 days (or a lesser number of days if deter- mined appropriate by the Secretary) preceding the flight’s departure;

(D) the test result states ‘‘NEGATIVE’’, ‘‘SARS-CoV-2 RNA NOT DETECTED’’, ‘‘SARS-CoV-2 ANTIGEN NOT DETECTED’’, or ‘‘COVID-19 NOT DETECTED’’.

A test marked ‘‘invalid’’ is not acceptable.
(10) UNITED STATES.—The term ‘‘United States’’ has the meaning given that term in section

40102 of title 49, United States Code.

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1 SEC. 3. RECOMMENDATIONS FOR COVID–19 VACCINE USE.
2 Not later than 30 days after the date of enactment
3 of this Act, the Advisory Committee on Immunization
4 Practices of the Centers for Disease Control and Preven-
5 tion shall review data on the transmission of COVID–19
6 in health care settings and among health care personnel
7 in other settings, and develop and make recommendations
8 for COVID–19 vaccine use on the basis of transmission
9 in health care settings and among health care personnel
10 in other settings.“The U.S. Air Travel Public Safety Act,”