Air Travel Public Health Emergency Protection Act

I 116TH CONGRESS 2D SESSION H. R. 7128 To ensure the safety of air passengers and the public by authorizing States to implement reasonable guidelines and restrictions on passenger air travel, to amend title 49, United States Code, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 8, 2020 Mr. CASE introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To ensure the safety of air passengers and the public by authorizing States to implement reasonable guidelines and restrictions on passenger air travel, to amend title 49, United States Code, 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 ‘‘Air Travel Public 4 Health Emergency Protection Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 04:03 Jun 28, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7128.IH H7128 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 7128 IH (1) Passenger air travel is or can be a major 1 vector in the spread of certain communicable dis- 2 eases such as COVID–19. 3 (2) Air passengers who have been infected by 4 such communicable diseases, especially during a de- 5 clared national public health emergency, present a 6 serious public health risk not only to their fellow 7 passengers but to all who come in contact with them 8 at their destinations and upon their return. 9 (3) Further, such air passengers present a seri- 10 ous negative economic consequence to the airlines on 11 which they fly and to the destinations at which they 12 arrive, especially destinations reliant on the travel 13 and tourism industry, as they destroy public con- 14 fidence in the health and safety of air travel and of 15 such destinations. 16 (4) The best mechanism to address these nega- 17 tive consequences during a declared national public 18 health emergency is for potential air passengers to 19 be tested for symptoms of the relevant commu- 20 nicable disease before boarding airlines and to be de- 21 nied boarding if such symptoms are indicated. 22 (5) The Federal Aviation Administration has 23 taken the position that it does not have existing 24 statutory authority to impose a public health-related 25 VerDate Sep 11 2014 04:03 Jun 28, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7128.IH H7128 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 7128 IH requirement on passenger airlines that they test all 1 potential air passengers for symptoms of the rel- 2 evant communicable disease before boarding airlines 3 and deny boarding if such symptoms are indicated, 4 and further that individual States are not authorized 5 to impose such requirements in the exercise of their 6 police power to protect the public health and foster 7 economic and social stability. 8 (6) As a result, some States, in furtherance of 9 those goals, have been required to adopt far more 10 risky and less effective methods which consume 11 scarce resources, including a post-arrival self-polic- 12 ing quarantine which is widely disregarded. 13 SEC. 3. PURPOSE. 14 The purpose of this Act shall be to authorize any 15 State to impose reasonable public health-protective condi- 16 tions on the boarding of any passenger on a passenger 17 airline at the point of origin of a direct flight to such State 18 during a public health emergency. 19 SEC. 4. PUBLIC HEALTH ACCOMMODATIONS. 20 (a) IN GENERAL.—The Administrator of the Federal 21 Aviation Administration shall allow States, territories of 22 the United States, and Indian Tribes to implement reason- 23 able guidelines and restrictions to ensure the public health 24 and safety of air passengers and the public. 25 VerDate Sep 11 2014 04:03 Jun 28, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7128.IH H7128 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 7128 IH (b) AMENDMENTS TO TITLE 49.—Title 49 of the 1 United States Code is amended— 2 (1) in section 40103— 3 (A) in subsection (a)(2) by striking ‘‘A cit- 4 izen’’ and inserting ‘‘Except as provided in sub- 5 section (f), a citizen’’; and 6 (B) by adding at the end the following: 7 ‘‘(f) PUBLIC HEALTH EMERGENCY EXCEPTION.— 8 During a public health emergency, the Administrator shall 9 allow States, territories of the United States, and Indian 10 Tribes to implement and enforce reasonable restrictions 11 on air passengers at the point of origin of a direct flight 12 to such State, territory, or Indian Tribe jurisdiction in ac- 13 cordance with requirements and restrictions determined by 14 the State, territory, or Indian Tribe at the point of des- 15 tination which may include, a temperature or other rapid 16 check for any communicable disease which is the subject 17 of the public health emergency, and which requirements 18 and restrictions may include denial of boarding if such in- 19 tended passenger is indicated for such disease. Such rea- 20 sonable restrictions shall be implemented at the expense 21 of the air carrier as determined necessary by a State, ter- 22 ritory, or Indian Tribe. 23 ‘‘(g) DEFINITIONS.—For purposes of this section, the 24 following definitions apply: 25 VerDate Sep 11 2014 04:03 Jun 28, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7128.IH H7128 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 7128 IH ‘‘(1) PUBLIC HEALTH EMERGENCY.—The term 1 ‘public health emergency’ means a declaration under 2 section 319(a) of the Public Health Service Act (42 3 U.S.C. 247d(a)) related to a communicable disease. 4 ‘‘(2) REASONABLE RESTRICTION.—The term 5 ‘reasonable restriction’ means any good faith restric- 6 tion or condition imposed or implemented on in- 7 tended passengers prior to boarding a plane by a 8 State, territory of the United States, or Indian Tribe 9 to prevent the spread of a communicable disease 10 during a public health emergency.’’; and 11 (2) in section 47107 by adding at the end the 12 following: 13 ‘‘(x) WAIVER OF REQUIREMENTS.— 14 ‘‘(1) IN GENERAL.—Notwithstanding the re- 15 quirements of this section, during a public health 16 emergency, the Secretary shall waive any grant as- 17 surance that conflicts with a reasonable restriction 18 implemented by a State, territory, or Indian Tribe 19 as set forth in section 40103(f) without an airport 20 owner or operator submitting a request for such a 21 waiver. 22 ‘‘(2) DEFINITIONS.—For purposes of this sub- 23 section, the following definitions apply: 24 VerDate Sep 11 2014 04:03 Jun 28, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7128.IH H7128 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 7128 IH ‘‘(A) PUBLIC HEALTH EMERGENCY.—The 1 term ‘public health emergency’ means a dec- 2 laration under section 319(a) of the Public 3 Health Service Act (42 U.S.C. 247d(a)) related 4 to a communicable disease. 5 ‘‘(B) REASONABLE RESTRICTION.—The 6 term ‘reasonable restriction’ means any good 7 faith restriction or condition imposed or imple- 8 mented on intended passengers prior to board- 9 ing a plane by a State, territory of the United 10 States, or Indian Tribe to prevent the spread of 11 a communicable disease during a public health 12 emergency.’’. 13 Æ VerDate Sep 11 2014 04:03 Jun 28, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H7128.IH H7128 kjohnson on DSK79L0C42PROD with BILLS