Healthy Flights Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7867 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 JULY 30, 2020 Mr. DEFAZIO (for himself, Mr. LARSEN of Washington, Ms. BROWNLEY of California, Mr. LOWENTHAL, Mr. CARSON of Indiana, Ms. NORTON, Mr. GARCI´A of Illinois, Mr. HUFFMAN, Ms. DAVIDS of Kansas, Mr. DESAULNIER, Mr. ALLRED, Ms. MUCARSEL-POWELL, Ms. WILSON of Florida, Mr. LYNCH, Mr. COHEN, Ms. JOHNSON of Texas, Mr. CARBAJAL, Mr. PAYNE, Mr. SCHIFF, and Mr. SIRES) introduced the fol- lowing 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 2020’’. 5 VerDate Sep 11 2014 02:48 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7867.IH H7867 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 7867 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 plan for aviation system preparedness. ‘‘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 02:48 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7867.IH H7867 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 7867 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 an airborne 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 requirement of subsection (a) without 18 a valid exception from such requirements under 19 subsection (c) or subsection (d)(3) by providing 20 the Administrator with such information re- 21 garding a violation as the Administrator may 22 require; 23 ‘‘(B) designate an appropriate office or de- 24 partment of the air carrier to receive notifica- 25 tions from crewmembers under paragraph (2) 26 VerDate Sep 11 2014 02:48 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7867.IH H7867 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 7867 IH and to provide information to the Administrator 1 in accordance with this subsection; and 2 ‘‘(C) provide flight and cabin crewmembers 3 with specific, easily followed instructions for 4 contacting the office or department described in 5 subparagraph (B) with a notification under 6 paragraph (2). 7 ‘‘(2) CREWMEMBER RESPONSIBILITIES.—Not 8 later than the termination of passenger disembarka- 9 tion from an aircraft described in subsection (a), the 10 flight or cabin crew of such aircraft shall notify an 11 employee of the air carrier office or department des- 12 ignated under paragraph (1) of a violation of the re- 13 quirements of subsection (a) and shall provide infor- 14 mation necessary to identify the passenger who com- 15 mitted such violation. For purposes of this sub- 16 section, a notification shall not include removal of a 17 mask or face covering pursuant to an exception 18 under subsection (c) or subsection (d)(3). 19 ‘‘(c) EXCEPTIONS.—An air carrier may allow an indi- 20 vidual to temporarily remove a mask or face covering re- 21 quired under subsection (a) only— 22 ‘‘(1) while consuming food or beverage; 23 ‘‘(2) to address a medical need that justifies 24 temporary removal of the mask or face covering; 25 VerDate Sep 11 2014 02:48 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7867.IH H7867 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 7867 IH ‘‘(3) to don a supplemental oxygen mask in the 1 event of a reduction in the pressure altitude inside 2 the cabin of an aircraft; or 3 ‘‘(4) for another reason identified by the Ad- 4 ministrator in a regulation issued pursuant to this 5 section. 6 ‘‘(d) RESPONSIBILITIES TO INDIVIDUALS WITH DIS- 7 ABILITIES.— 8 ‘‘(1) RELATIONSHIP TO OTHER LAWS.—Noth- 9 ing in this section shall be construed to abridge any 10 right, or excuse the performance of any duty, arising 11 under section 41705 of this title or regulations pro- 12 mulgated pursuant to such section, including the 13 duty of an air carrier to assist passengers covered 14 under such section. 15 ‘‘(2) ADDITIONAL DUTIES OF AIR CARRIERS.— 16 Each air carrier shall require employees and con- 17 tractors of such air carrier to provide assistance to 18 an individual described in section 41705(a) who re- 19 quires such assistance— 20 ‘‘(A) in donning or removing a mask or 21 face covering required under subsection (a); 22 ‘‘(B) in disinfecting or sanitizing an aisle 23 chair, an airport push chair, or personal mobil- 24 ity aid or other device, if such personal mobility 25 VerDate Sep 11 2014 02:48 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7867.IH H7867 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 7867 IH aid or other device was tendered to the air car- 1 rier for a flight and delivered to the individual 2 after the flight’s arrival; 3 ‘‘(C) in taking any other reasonable meas- 4 ures, consistent with any applicable guidelines 5 of the Centers for Disease Control and Preven- 6 tion, necessary for the individual to reduce the 7 chance of infection with an airborne disease; 8 and 9 ‘‘(D) in complying with any legal, air car- 10 rier, or airport requirement intended to reduce 11 the spread of an airborne disease. 12 ‘‘(3) LIMITED EXCEPTION.—With respect to an 13 individual covered under section 41705 who is un- 14 able to wear a mask or face covering and objects to 15 such a requirement, an air carrier may deny board- 16 ing to such individual for a flight in air transpor- 17 tation only if such air carrier performs the individ- 18 ualized analysis described under section 382.19(c) of 19 title 14, Code of Federal Regulations, and concludes 20 that the individual poses a direct threat pursuant to 21 such analysis. Each air carrier shall develop policies 22 and procedures to ensure that— 23 ‘‘(A) the outcome of such analysis is reli- 24 able, including through consultation with a 25 VerDate Sep 11 2014 02:48 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7867.IH H7867 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 7867 IH medical consulting or advisory service to deter- 1 mine whether the individual poses a risk to oth- 2 ers; 3 ‘‘(B) the individual and the air carrier’s 4 employees or contractors are afforded an appro- 5 priate amount of time for such analysis before 6 departure of a flight; and 7 ‘‘(C) with respect to any individual who is 8 permitted to board a flight without a mask or 9 protective face covering, other reasonable meas- 10 ures are available to minimize the individual’s 11 risk of infection and the risk of the individual 12 spreading the airborne disease. 13 ‘‘(e) SAVINGS PROVISION.—Nothing in this section 14 shall be construed to prioritize any interest over the public 15 interest in aviation safety or the health and safety of air 16 carrier employees or contractors. 17 ‘‘§ 50203. Protective masks in airports during public 18 health emergencies 19 ‘‘(a) IN GENERAL.—During the period of any na- 20 tional emergency declared by the President under the Na- 21 tional Emergencies Act (50 U.S.C. 1601 et seq.) with re- 22 spect to an airborne disease, the operator of a covered air- 23 port shall require that any individual within any indoor 24 public space on the airport premises and under the control 25 VerDate Sep 11 2014 02:48 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7867.IH H7867 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 7867 IH of such operator is wearing a mask or other protective face 1 covering except when such individual— 2 ‘‘(1) is consuming food or beverage; 3 ‘‘(2) is attending to a medical need that justi- 4 fies temporary removal of the mask or face covering; 5 ‘‘(3) is directed to remove a mask or face cov- 6 ering by an air carrier employee, a law enforcement 7 officer, or a person performing functions governed 8 under chapter 449; or 9 ‘‘(4) has another reason identified by the Ad- 10 ministrator in any regulations promulgated under 11 this section. 12 ‘‘(b) RESPONSIBILITIES TO INDIVIDUALS WITH DIS- 13 ABILITIES.— 14 ‘‘(1) RELATIONSHIP TO OTHER LAWS.—Noth- 15 ing in this section shall be construed to abridge any 16 right, or excuse the performance of any duty, arising 17 under any applicable requirements of chapter 126 of 18 title 42 or, to the extent applicable, section 41705 19 of this title or regulations issued pursuant to such 20 chapter or section. 21 ‘‘(2) ADDITIONAL DUTIES OF AIRPORT OPER- 22 ATOR.—If an employee or contractor of an airport 23 operator is providing assistance to an air carrier 24 passenger covered under chapter 126 of title 42 or 25 VerDate Sep 11 2014 02:48 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7867.IH H7867 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 7867 IH section 41705 of this title, such employee or con- 1 tractor shall assist such individual— 2 ‘‘(A) in donning or removing a mask or 3 face covering required under subsection (a); 4 ‘‘(B) in taking any reasonable measures, 5 consistent with any applicable guidelines of the 6 Centers for Disease Control and Prevention, 7 necessary for the individual to reduce the 8 chance of infection with the disease; and 9 ‘‘(C) in complying with any legal, air car- 10 rier, or airport requirement intended to reduce 11 the spread of the disease. 12 ‘‘§ 50204. Protective masks and equipment among air 13 carrier employees during public health 14 emergencies 15 ‘‘(a) IN GENERAL.—During the period of any na- 16 tional emergency declared by the President under the Na- 17 tional Emergencies Act (50 U.S.C. 1601 et seq.) with re- 18 spect to an airborne disease, each air carrier operating 19 under part 121 of title 14, Code of Federal Regulations, 20 shall— 21 ‘‘(1) require each cabin crewmember to wear a 22 mask or protective face covering and permit such 23 crewmember to wear protective eyewear or a face 24 VerDate Sep 11 2014 02:48 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7867.IH H7867 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 7867 IH shield while on board an aircraft or in a vehicle of 1 the air carrier; 2 ‘‘(2) require each flight crewmember to wear a 3 mask or protective face covering and permit such 4 crewmember to wear protective eyewear or a face 5 shield while on board an aircraft but outside the 6 flight deck of the air carrier or in a vehicle of the 7 air carrier; 8 ‘‘(3) require each employee or contractor of the 9 air carrier to wear a mask or protective face cov- 10 ering while within any indoor public space of a cov- 11 ered airport; 12 ‘‘(4) submit to the Administrator a proposal to 13 permit flight crewmembers of the air carrier to wear 14 a mask or protective face covering while at their sta- 15 tions in the flight deck of an aircraft of the air car- 16 rier, including a safety risk assessment with respect 17 to such proposal; 18 ‘‘(5) provide flight and cabin crewmembers, air- 19 port customer service agents, and other employees 20 whose job responsibilities involve interaction with 21 passengers with masks or protective face coverings, 22 gloves, and hand sanitizer and wipes with sufficient 23 alcohol content, and provide training on the proper 24 use of such items and equipment; 25 VerDate Sep 11 2014 02:48 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7867.IH H7867 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 7867 IH ‘‘(6) ensure aircraft, including the cockpit and 1 cabin, operated by such carrier are cleaned, dis- 2 infected, and sanitized by cleaners who are not flight 3 or cabin crewmembers after each use in accordance 4 with Centers for Disease Control and Prevention 5 guidance; 6 ‘‘(7) ensure enclosed facilities owned, operated, 7 or used by such air carrier, including facilities used 8 for flight or cabin crewmember training or perform- 9 ance of indoor maintenance, repair, or overhaul 10 work, are cleaned, disinfected, and sanitized fre- 11 quently in accordance with Centers for Disease Con- 12 trol and Prevention guidance; 13 ‘‘(8) provide air carrier employees whose job re- 14 sponsibilities involve cleaning, disinfecting, and sani- 15 tizing aircraft or enclosed facilities described in 16 paragraphs (6) and (7) with masks or protective 17 face coverings and gloves, and ensure that each con- 18 tractor of the air carrier provides employees of such 19 contractor with such materials; and 20 ‘‘(9) establish guidelines, or adhere to existing 21 applicable guidelines, for notifying or contacting em- 22 ployees who may have come into physical contact or 23 interaction with an employee who has been diag- 24 nosed with such airborne disease. 25 VerDate Sep 11 2014 0 [Text truncated for display. 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