Healthy Flights Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 2770 To amend title 49, United States Code, to provide for aviation system enhancements during public health emergencies, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 22, 2021 Mr. DEFAZIO (for himself, Mr. LARSEN of Washington, Ms. BROWNLEY, Mr. CARBAJAL, Mr. COHEN, Mr. DESAULNIER, Mr. GARAMENDI, Ms. JOHN- SON of Texas, Mr. KAHELE, Mr. LOWENTHAL, Ms. NEWMAN, Ms. NOR- TON, Mr. PAYNE, Mr. SIRES, Ms. STRICKLAND, Ms. TITUS, and Ms. WILSON of Florida) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 49, United States Code, to provide for avia- tion system enhancements during public health emer- gencies, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Healthy Flights Act 4 of 2021’’. 5 VerDate Sep 11 2014 21:26 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2770.IH H2770 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 2770 IH SEC. 2. AVIATION SYSTEM ENHANCEMENTS DURING PUB- 1 LIC HEALTH EMERGENCIES. 2 (a) PUBLIC HEALTH EMERGENCIES.—Part E of sub- 3 title VII of title 49, United States Code, is amended by 4 adding at the end the following: 5 ‘‘CHAPTER 502—PUBLIC HEALTH 6 EMERGENCIES 7 ‘‘50201. Authority of the FAA Administrator. ‘‘50202. Protective masks among airline passengers on board aircraft during public health emergencies. ‘‘50203. Protective masks in airports during public health emergencies. ‘‘50204. Protective masks and equipment among air carrier employees during public health emergencies. ‘‘50205. Protection of certain Federal Aviation Administration employees dur- ing public health emergencies. ‘‘50206. National aviation preparedness plan. ‘‘50207. Definitions. ‘‘§ 50201. Authority of the FAA Administrator 8 ‘‘With respect to the occurrence of a pandemic or epi- 9 demic of an infectious disease, the Administrator shall 10 have authority to impose, by emergency order or other- 11 wise, such requirements related to the operation of a pas- 12 senger or cargo aircraft of an air carrier in air transpor- 13 tation as the Administrator determines are necessary to 14 protect the health and safety of air carrier crewmembers 15 and passengers and to reduce the spread of such infectious 16 disease through the aviation system. 17 VerDate Sep 11 2014 21:26 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2770.IH H2770 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 2770 IH ‘‘§ 50202. Protective masks among airline passengers 1 on board aircraft during public health 2 emergencies 3 ‘‘(a) IN GENERAL.—During the period of any na- 4 tional emergency declared by the President under the Na- 5 tional Emergencies Act (50 U.S.C. 1601 et seq.) with re- 6 spect to a respiratory disease, each air carrier operating 7 under part 121 of title 14, Code of Federal Regulations, 8 shall require each passenger of such air carrier to wear 9 a mask or protective face covering while such passenger 10 is on board an aircraft of such air carrier. 11 ‘‘(b) RESPONSIBILITIES.— 12 ‘‘(1) AIR CARRIER RESPONSIBILITIES.—An air 13 carrier operating under part 121 of title 14, Code of 14 Federal Regulations, shall— 15 ‘‘(A) notify the Administrator within 7 16 days of each instance in which a passenger vio- 17 lates the requirements of this section by pro- 18 viding the Administrator with such information 19 regarding a violation as the Administrator may 20 require; 21 ‘‘(B) designate an appropriate office or de- 22 partment of the air carrier to receive notifica- 23 tions from crewmembers under paragraph (2) 24 and to provide information to the Administrator 25 in accordance with this subsection; and 26 VerDate Sep 11 2014 21:26 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2770.IH H2770 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 2770 IH ‘‘(C) provide flight and cabin crewmembers 1 with specific, easily followed instructions for 2 contacting the office or department described in 3 subparagraph (B) with a notification under 4 paragraph (2). 5 ‘‘(2) CREWMEMBER RESPONSIBILITIES.—Not 6 later than the termination of passenger disembarka- 7 tion from an aircraft described in subsection (a), the 8 flight or cabin crew of such aircraft shall notify an 9 employee of the air carrier office or department des- 10 ignated under paragraph (1) of each instance in 11 which a passenger violates the requirements of this 12 section and shall provide information necessary to 13 identify the passenger who committed such violation. 14 ‘‘(c) EXCEPTIONS.—An air carrier may allow an indi- 15 vidual to temporarily remove a mask or face covering re- 16 quired under subsection (a) only— 17 ‘‘(1) while consuming food or beverage; 18 ‘‘(2) to address a medical need that justifies 19 temporary removal of the mask or face covering; 20 ‘‘(3) to don a supplemental oxygen mask in the 21 event of a reduction in air pressure inside the cabin 22 of an aircraft; or 23 VerDate Sep 11 2014 21:26 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2770.IH H2770 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 2770 IH ‘‘(4) for another reason identified by the Ad- 1 ministrator in a regulation issued pursuant to this 2 section. 3 ‘‘(d) RESPONSIBILITIES TO INDIVIDUALS WITH DIS- 4 ABILITIES.— 5 ‘‘(1) RELATIONSHIP TO OTHER LAWS.—Noth- 6 ing in this section shall be construed to abridge any 7 right, or excuse the performance of any duty, arising 8 under section 41705 of this title or regulations pro- 9 mulgated pursuant to such section, including the 10 duty of an air carrier to assist passengers covered 11 under such section. 12 ‘‘(2) ADDITIONAL DUTIES OF AIR CARRIERS.— 13 Each air carrier shall require employees and con- 14 tractors of such air carrier to provide assistance to 15 an individual described in section 41705(a) who re- 16 quires such assistance— 17 ‘‘(A) in donning or removing a mask or 18 face covering required under subsection (a); 19 ‘‘(B) in disinfecting or sanitizing an aisle 20 chair, an airport push chair, or personal mobil- 21 ity aid or other device, if such personal mobility 22 aid or other device was tendered to the air car- 23 rier for a flight and delivered to the individual 24 after the flight’s arrival; 25 VerDate Sep 11 2014 21:26 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2770.IH H2770 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 2770 IH ‘‘(C) in taking any other reasonable meas- 1 ures, consistent with any applicable guidelines 2 of the Centers for Disease Control and Preven- 3 tion, necessary for the individual to reduce the 4 chance of infection with a respiratory disease; 5 and 6 ‘‘(D) in complying with any legal, air car- 7 rier, or airport requirement intended to reduce 8 the spread of a respiratory disease. 9 ‘‘(3) LIMITED EXCEPTION.—With respect to an 10 individual covered under section 41705 who is un- 11 able to wear a mask or face covering and objects to 12 such a requirement, an air carrier may deny board- 13 ing to such individual for a flight in air transpor- 14 tation only if such air carrier performs the individ- 15 ualized analysis described under section 382.19(c) of 16 title 14, Code of Federal Regulations, and concludes 17 that the individual poses a direct threat pursuant to 18 such analysis. Each air carrier shall develop policies 19 and procedures to ensure that— 20 ‘‘(A) the outcome of such analysis is reli- 21 able, including through consultation with a 22 medical consulting or advisory service to deter- 23 mine whether the individual poses a risk to oth- 24 ers; 25 VerDate Sep 11 2014 21:26 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2770.IH H2770 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 2770 IH ‘‘(B) the individual and the air carrier’s 1 employees or contractors are afforded an appro- 2 priate amount of time for such analysis before 3 the departure of a flight; and 4 ‘‘(C) with respect to any individual who is 5 permitted to board a flight without a mask or 6 protective face covering, other reasonable meas- 7 ures are available to minimize the individual’s 8 risk of infection and the risk of the individual 9 spreading the respiratory disease. 10 ‘‘(e) SAVINGS PROVISION.—Nothing in this section 11 shall be construed to prioritize any interest over the public 12 interest in aviation safety or the health and safety of air 13 carrier employees or contractors. 14 ‘‘§ 50203. Protective masks in airports during public 15 health emergencies 16 ‘‘(a) IN GENERAL.—During the period of any na- 17 tional emergency declared by the President under the Na- 18 tional Emergencies Act (50 U.S.C. 1601 et seq.) with re- 19 spect to a respiratory disease, the operator of a covered 20 airport shall require that any individual within any indoor 21 public space on the airport premises and under the control 22 of such operator is wearing a mask or other protective face 23 covering except when such individual— 24 ‘‘(1) is consuming food or beverage; 25 VerDate Sep 11 2014 21:26 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2770.IH H2770 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 2770 IH ‘‘(2) is attending to a medical need that justi- 1 fies temporary removal of the mask or face covering; 2 ‘‘(3) is directed to remove a mask or face cov- 3 ering by an air carrier employee, a law enforcement 4 officer, or a person performing functions governed 5 under chapter 449; or 6 ‘‘(4) has another reason identified by the Ad- 7 ministrator in any regulations promulgated under 8 this section. 9 ‘‘(b) RESPONSIBILITIES TO INDIVIDUALS WITH DIS- 10 ABILITIES.— 11 ‘‘(1) RELATIONSHIP TO OTHER LAWS.—Noth- 12 ing in this section shall be construed to abridge any 13 right, or excuse the performance of any duty, arising 14 under any applicable requirements of chapter 126 of 15 title 42 or, to the extent applicable, section 41705 16 of this title or regulations issued pursuant to such 17 chapter or section. 18 ‘‘(2) ADDITIONAL DUTIES OF AIRPORT OPER- 19 ATOR.—If an employee or contractor of an airport 20 operator is providing assistance to an air carrier 21 passenger covered under chapter 126 of title 42 or 22 section 41705 of this title, such employee or con- 23 tractor shall assist such individual— 24 VerDate Sep 11 2014 21:26 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2770.IH H2770 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 2770 IH ‘‘(A) in donning or removing a mask or 1 face covering required under subsection (a); 2 ‘‘(B) in taking any reasonable measures, 3 consistent with any applicable guidelines of the 4 Centers for Disease Control and Prevention, 5 necessary for the individual to reduce the 6 chance of infection with the disease; and 7 ‘‘(C) in complying with any legal, air car- 8 rier, or airport requirement intended to reduce 9 the spread of the disease. 10 ‘‘§ 50204. Protective masks and equipment among air 11 carrier employees during public health 12 emergencies 13 ‘‘(a) IN GENERAL.—During the period of any na- 14 tional emergency declared by the President under the Na- 15 tional Emergencies Act (50 U.S.C. 1601 et seq.) with re- 16 spect to a respiratory disease, each air carrier operating 17 under part 121 of title 14, Code of Federal Regulations, 18 shall— 19 ‘‘(1) require each cabin crewmember to wear a 20 mask or protective face covering and permit such 21 crewmember to wear protective eyewear or a face 22 shield while on board an aircraft or in a vehicle of 23 the air carrier; 24 VerDate Sep 11 2014 21:26 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2770.IH H2770 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 2770 IH ‘‘(2) require each flight crewmember to wear a 1 mask or protective face covering and permit such 2 crewmember to wear protective eyewear or a face 3 shield while on board an aircraft but outside the 4 flight deck of the air carrier or in a vehicle of the 5 air carrier; 6 ‘‘(3) require each employee or contractor of the 7 air carrier to wear a mask or protective face cov- 8 ering while within any indoor public space of a cov- 9 ered airport; 10 ‘‘(4) submit to the Administrator a proposal to 11 permit flight crewmembers of the air carrier to wear 12 a mask or protective face covering while at their sta- 13 tions in the flight deck of an aircraft of the air car- 14 rier, including a safety risk assessment with respect 15 to such proposal; 16 ‘‘(5) provide flight and cabin crewmembers, air- 17 port customer service agents, and other employees 18 whose job responsibilities involve interaction with 19 passengers with masks or protective face coverings, 20 gloves, and hand sanitizer and cleaning products, 21 such as disinfecting wipes, with sufficient active in- 22 gredient content of the disinfectant to stop the 23 spread of such respiratory disease, and provide 24 VerDate Sep 11 2014 21:26 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2770.IH H2770 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 2770 IH training on the proper use of such items and equip- 1 ment; 2 ‘‘(6) ensure aircraft, including the cockpit and 3 cabin, operated by such carrier are cleaned, dis- 4 infected, and sanitized by cleaners who are not flight 5 or cabin crewmembers after each use in accordance 6 with Centers for Disease Control and Prevention 7 guidance; 8 ‘‘(7) ensure enclosed facilities owned, operated, 9 or used by such air carrier, including facilities used 10 for flight or cabin crewmember training or perform- 11 ance of indoor maintenance, repair, or overhaul 12 work, are cleaned, disinfected, and sanitized fre- 13 quently in accordance with Centers for Disease Con- 14 trol and Prevention guidance; 15 ‘‘(8) provide air carrier employees whose job re- 16 sponsibilities involve cleaning, disinfecting, and sani- 17 tizing aircraft or enclosed facilities described in 18 paragraphs (6) and (7) with masks or protective 19 face coverings and gloves, and ensure that each con- 20 tractor of the air carrier provides employees of such 21 contractor with such materials; and 22 ‘‘(9) establish guidelines, or adhere to existing 23 applicable guidelines, for notifying or contacting em- 24 ployees who may have come into physical contact or 25 VerDate Sep 11 2014 21:26 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2770.IH H2770 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 2770 IH interaction with an employee who has been diag- 1 nosed with such respiratory disease. 2 ‘‘(b) LIMITED EXCEPTIONS.—The requirement for 3 cabin and flight crewm [Text truncated for display. 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