Bill Summary
The "Healthy Flights Act of 2020" is a proposed bill that aims to enhance the aviation system during public health emergencies. It grants the FAA Administrator authority to impose requirements during pandemics or epidemics, mandates the use of masks for passengers, and sets guidelines for assisting individuals with disabilities during emergencies. The bill also requires coordination among stakeholders for health screening, quarantining, and contact tracing for air carrier passengers. It also amends existing laws to include definitions for terms such as "Administrator" and "airborne disease." The legislation also requires the development of a national plan for aviation system preparedness and the implementation of measures to reduce the spread of infectious diseases during national emergencies. It also establishes a Center of Excellence for Infectious Disease Response and Prevention in Aviation and provides definitions for key terms used in the Act.
Possible Impacts
1. Passengers will be required to wear masks or face coverings during flights under the "Healthy Flights Act of 2020" in order to reduce the spread of infectious diseases.
2. The legislation will provide necessary equipment and training for airport employees to help individuals with disabilities during public health emergencies.
3. The establishment of a Center of Excellence for Infectious Disease Response and Prevention in Aviation will study and make recommendations on reducing the spread of pathogens during air travel, potentially leading to improved air carrier practices and airplane design.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7867 Introduced in House (IH)]
<DOC>
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.
Garcia 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 following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to provide for aviation system
enhancements during public health emergencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Flights Act of 2020''.
SEC. 2. AVIATION SYSTEM ENHANCEMENTS DURING PUBLIC HEALTH EMERGENCIES.
(a) Public Health Emergencies.--Part E of subtitle VII of title 49,
United States Code, is amended by adding at the end the following:
``CHAPTER 502--PUBLIC HEALTH EMERGENCIES
``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 during public health emergencies.
``50206. National plan for aviation system preparedness.
``50207. Definitions.
``Sec. 50201. Authority of the FAA Administrator
``With respect to the occurrence of a pandemic or epidemic of an
infectious disease, the Administrator shall have authority to impose,
by emergency order or otherwise, such requirements related to the
operation of a passenger or cargo aircraft of an air carrier in air
transportation as the Administrator determines are necessary to protect
the health and safety of air carrier crewmembers and passengers and to
reduce the spread of such infectious disease through the aviation
system.
``Sec. 50202. Protective masks among airline passengers on board
aircraft during public health emergencies
``(a) In General.--During the period of any national emergency
declared by the President under the National Emergencies Act (50 U.S.C.
1601 et seq.) with respect to an airborne disease, each air carrier
operating under part 121 of title 14, Code of Federal Regulations,
shall require each passenger of such air carrier to wear a mask or
protective face covering while such passenger is on board an aircraft
of such air carrier.
``(b) Responsibilities.--
``(1) Air carrier responsibilities.--An air carrier
operating under part 121 of title 14, Code of Federal
Regulations, shall--
``(A) notify the Administrator within 7 days of
each instance in which a passenger violates the
requirement of subsection (a) without a valid exception
from such requirements under subsection (c) or
subsection (d)(3) by providing the Administrator with
such information regarding a violation as the
Administrator may require;
``(B) designate an appropriate office or department
of the air carrier to receive notifications from
crewmembers under paragraph (2) and to provide
information to the Administrator in accordance with
this subsection; and
``(C) provide flight and cabin crewmembers with
specific, easily followed instructions for contacting
the office or department described in subparagraph (B)
with a notification under paragraph (2).
``(2) Crewmember responsibilities.--Not later than the
termination of passenger disembarkation from an aircraft
described in subsection (a), the flight or cabin crew of such
aircraft shall notify an employee of the air carrier office or
department designated under paragraph (1) of a violation of the
requirements of subsection (a) and shall provide information
necessary to identify the passenger who committed such
violation. For purposes of this subsection, a notification
shall not include removal of a mask or face covering pursuant
to an exception under subsection (c) or subsection (d)(3).
``(c) Exceptions.--An air carrier may allow an individual to
temporarily remove a mask or face covering required under subsection
(a) only--
``(1) while consuming food or beverage;
``(2) to address a medical need that justifies temporary
removal of the mask or face covering;
``(3) to don a supplemental oxygen mask in the event of a
reduction in the pressure altitude inside the cabin of an
aircraft; or
``(4) for another reason identified by the Administrator in
a regulation issued pursuant to this section.
``(d) Responsibilities to Individuals With Disabilities.--
``(1) Relationship to other laws.--Nothing in this section
shall be construed to abridge any right, or excuse the
performance of any duty, arising under section 41705 of this
title or regulations promulgated pursuant to such section,
including the duty of an air carrier to assist passengers
covered under such section.
``(2) Additional duties of air carriers.--Each air carrier
shall require employees and contractors of such air carrier to
provide assistance to an individual described in section
41705(a) who requires such assistance--
``(A) in donning or removing a mask or face
covering required under subsection (a);
``(B) in disinfecting or sanitizing an aisle chair,
an airport push chair, or personal mobility aid or
other device, if such personal mobility aid or other
device was tendered to the air carrier for a flight and
delivered to the individual after the flight's arrival;
``(C) in taking any other reasonable measures,
consistent with any applicable guidelines of the
Centers for Disease Control and Prevention, necessary
for the individual to reduce the chance of infection
with an airborne disease; and
``(D) in complying with any legal, air carrier, or
airport requirement intended to reduce the spread of an
airborne disease.
``(3) Limited exception.--With respect to an individual
covered under section 41705 who is unable to wear a mask or
face covering and objects to such a requirement, an air carrier
may deny boarding to such individual for a flight in air
transportation only if such air carrier performs the
individualized analysis described under section 382.19(c) of
title 14, Code of Federal Regulations, and concludes that the
individual poses a direct threat pursuant to such analysis.
Each air carrier shall develop policies and procedures to
ensure that--
``(A) the outcome of such analysis is reliable,
including through consultation with a medical
consulting or advisory service to determine whether the
individual poses a risk to others;
``(B) the individual and the air carrier's
employees or contractors are afforded an appropriate
amount of time for such analysis before departure of a
flight; and
``(C) with respect to any individual who is
permitted to board a flight without a mask or
protective face covering, other reasonable measures are
available to minimize the individual's risk of
infection and the risk of the individual spreading the
airborne disease.
``(e) Savings Provision.--Nothing in this section shall be
construed to prioritize any interest over the public interest in
aviation safety or the health and safety of air carrier employees or
contractors.
``Sec. 50203. Protective masks in airports during public health
emergencies
``(a) In General.--During the period of any national emergency
declared by the President under the National Emergencies Act (50 U.S.C.
1601 et seq.) with respect to an airborne disease, the operator of a
covered airport shall require that any individual within any indoor
public space on the airport premises and under the control of such
operator is wearing a mask or other protective face covering except
when such individual--
``(1) is consuming food or beverage;
``(2) is attending to a medical need that justifies
temporary removal of the mask or face covering;
``(3) is directed to remove a mask or face covering by an
air carrier employee, a law enforcement officer, or a person
performing functions governed under chapter 449; or
``(4) has another reason identified by the Administrator in
any regulations promulgated under this section.
``(b) Responsibilities to Individuals With Disabilities.--
``(1) Relationship to other laws.--Nothing in this section
shall be construed to abridge any right, or excuse the
performance of any duty, arising under any applicable
requirements of chapter 126 of title 42 or, to the extent
applicable, section 41705 of this title or regulations issued
pursuant to such chapter or section.
``(2) Additional duties of airport operator.--If an
employee or contractor of an airport operator is providing
assistance to an air carrier passenger covered under chapter
126 of title 42 or section 41705 of this title, such employee
or contractor shall assist such individual--
``(A) in donning or removing a mask or face
covering required under subsection (a);
``(B) in taking any reasonable measures, consistent
with any applicable guidelines of the Centers for
Disease Control and Prevention, necessary for the
individual to reduce the chance of infection with the
disease; and
``(C) in complying with any legal, air carrier, or
airport requirement intended to reduce the spread of
the disease.
``Sec. 50204. Protective masks and equipment among air carrier
employees during public health emergencies
``(a) In General.--During the period of any national emergency
declared by the President under the National Emergencies Act (50 U.S.C.
1601 et seq.) with respect to an airborne disease, each air carrier
operating under part 121 of title 14, Code of Federal Regulations,
shall--
``(1) require each cabin crewmember to wear a mask or
protective face covering and permit such crewmember to wear
protective eyewear or a face shield while on board an aircraft
or in a vehicle of the air carrier;
``(2) require each flight crewmember to wear a mask or
protective face covering and permit such crewmember to wear
protective eyewear or a face shield while on board an aircraft
but outside the flight deck of the air carrier or in a vehicle
of the air carrier;
``(3) require each employee or contractor of the air
carrier to wear a mask or protective face covering while within
any indoor public space of a covered airport;
``(4) submit to the Administrator a proposal to permit
flight crewmembers of the air carrier to wear a mask or
protective face covering while at their stations in the flight
deck of an aircraft of the air carrier, including a safety risk
assessment with respect to such proposal;
``(5) provide flight and cabin crewmembers, airport
customer service agents, and other employees whose job
responsibilities involve interaction with passengers with masks
or protective face coverings, gloves, and hand sanitizer and
wipes with sufficient alcohol content, and provide training on
the proper use of such items and equipment;
``(6) ensure aircraft, including the cockpit and cabin,
operated by such carrier are cleaned, disinfected, and
sanitized by cleaners who are not flight or cabin crewmembers
after each use in accordance with Centers for Disease Control
and Prevention guidance;
``(7) ensure enclosed facilities owned, operated, or used
by such air carrier, including facilities used for flight or
cabin crewmember training or performance of indoor maintenance,
repair, or overhaul work, are cleaned, disinfected, and
sanitized frequently in accordance with Centers for Disease
Control and Prevention guidance;
``(8) provide air carrier employees whose job
responsibilities involve cleaning, disinfecting, and sanitizing
aircraft or enclosed facilities described in paragraphs (6) and
(7) with masks or protective face coverings and gloves, and
ensure that each contractor of the air carrier provides
employees of such contractor with such materials; and
``(9) establish guidelines, or adhere to existing
applicable guidelines, for notifying or contacting employees
who may have come into physical contact or interaction with an
employee who has been diagnosed with such airborne disease.
``(b) Limited Exceptions.--The requirement for cabin and flight
crewmembers to wear a mask or protective face covering under
subsections (a)(1) and (a)(2) shall not apply while--
``(1) consuming food or beverage;
``(2) addressing a legitimate medical need that justifies
temporary removal of the mask or face covering;
``(3) donning a supplemental oxygen mask in the event of a
reduction in the pressure altitude inside the cabin;
``(4) assisting another crewmember or passenger in
distress; or
``(5) performing another legitimate action identified by
the air carrier or Administrator in any regulation issued
pursuant to this section.
``Sec. 50205. Protection of certain Federal Aviation Administration
employees during public health emergencies
``(a) In General.--During the period of any national emergency
declared by the President under the National Emergencies Act (50 U.S.C.
1601 et seq.) with respect to an airborne disease, in order to maintain
the safe and efficient operation of the air traffic control system, the
Administrator shall--
``(1) provide air traffic controllers, aviation safety
inspectors, and airway transportation systems specialists of
the Administration with masks or protective face coverings,
gloves, and hand sanitizer and wipes with sufficient alcohol
content;
``(2) ensure air traffic control facilities are cleaned,
disinfected, and sanitized frequently in accordance with
Centers for Disease Control and Prevention guidance; and
``(3) provide employees of the Administration whose job
responsibilities involve cleaning, disinfecting, and sanitizing
facilities described in paragraph (2) with masks or protective
face coverings and gloves, and ensure that each contractor of
the Administration provides employees of such contractor with
such materials.
``(b) Source of Equipment.--The items described in subsection (a)
may be procured or provided under such subsection through any sources
available to the Administrator.
``Sec. 50206. National plan for aviation system preparedness
``(a) In General.--Not later than 1 year after the date of
enactment of this section, the Secretary, in coordination with the
Secretary of Health and Human Services, the Secretary of Homeland
Security, Director of the Centers for Disease Control and Prevention,
and the heads of such other Federal departments or agencies as the
Secretary considers appropriate, shall develop and regularly update a
national aviation preparedness plan to ensure the aviation system is
prepared to respond to epidemics and pandemics of infectious diseases.
``(b) Contents of Plan.--A plan developed under subsection (a)
shall, at a minimum--
``(1) fully incorporate elements referenced in the
recommendation of the Comptroller General of the United States
to the Secretary of Transportation titled `Air Travel and
Communicable Diseases: Comprehensive Federal Plan Needed for
U.S. Aviation System's Preparedness', dated December 2015 (No.
GAO 16-127);
``(2) clearly delineate the responsibilities of the
sponsors or operators of covered airports, air carriers, and
Federal agencies in responding to an infectious disease
epidemic or pandemic; and
``(3) include provisions for improving coordination among
air carriers, airport sponsors, United States Customs and
Border Protection, the Centers for Disease Control and
Prevention, other appropriate Federal stakeholders, labor
organizations representing groups listed in subsection (c), and
other appropriate stakeholders for the rapid and orderly
implementation of measures including health screening,
quarantining, and contact-tracing with respect to air carrier
passengers.
``(c) Consultation.--When developing a plan under subsection (a),
the Secretary shall consult with aviation industry and labor
stakeholders, including representatives of--
``(1) air carriers;
``(2) small, medium, and large hub airports;
``(3) labor organizations that represent flight
crewmembers, cabin crewmembers, air carrier airport customer
service representatives, and air carrier maintenance, repair,
and overhaul workers;
``(4) the labor organization certified under section 7111
of title 5 as the exclusive bargaining representative of air
traffic controllers of the Federal Aviation Administration;
``(5) the labor organization certified under such section
as the exclusive bargaining representative of airway
transportation systems specialists and aviation safety
inspectors of the Federal Aviation Administration; and
``(6) other stakeholders as the Secretary considers
appropriate.
``(d) Report.--Not later than 30 days after the plan is developed
under subsection (a), the Secretary shall submit to the appropriate
committees of Congress such plan.
``Sec. 50207. Definitions
``The definitions in section 40102(a) of this title shall apply to
terms in this chapter, except that the following terms have the
following meanings:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Aviation Administration.
``(2) Airborne disease.--The term `airborne disease' means
an infectious disease that is, or is reasonably believed to be,
caused by a pathogen transmissible by aerosols or respiratory
droplets expelled from the nose or mouth.
``(3) Covered airport.--The term `covered airport' means a
public-use airport that receives flights of an air carrier
operating under the provisions of part 121 of title 14, Code of
Federal Regulations.
``(4) Secretary.--The term `Secretary' means the Secretary
of Transportation.''.
(b) Clerical Amendment.--The analysis for subtitle VII of title 49,
United States Code, is amended by adding at the end the following:
``502. Public Health Emergencies 50201''.
(c) Interference With Crewmembers.--Section 46504 of title 49,
United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``An
individual''; and
(2) by adding at the end the following:
``(b) Failure To Wear Masks During Public Health Emergency.--For
purposes of subsection (a), an individual interferes with the
performance of the duties of a flight crew member or flight attendant
if such individual, without justification, disobeys a flight crew
member's or flight attendant's instruction to wear a mask or protective
face covering during the period of any national emergency declared by
the President under the National Emergencies Act (50 U.S.C. 1601 et
seq.) with respect to an infectious disease that is, or is reasonably
believed to be, caused by a pathogen transmissible by respiratory
droplets expelled from the nose or mouth.''.
(d) Conforming Amendment.--Section 46301 of title 49, United States
Code, is amended--
(1) in subsection (a)(5) by inserting ``section 50202,
section 50203,'' after ``chapter 451,''; and
(2) in subsection (d)(2) by inserting ``, section 50202,
section 50203,'' after ``of this title''.
SEC. 3. REGULATIONS FOR AIR CARRIERS TO REDUCE SPREAD OF INFECTIOUS
DISEASES.
(a) In General.--In coordination with the Director of the Centers
for Disease Control and Prevention, the Secretary shall promulgate
regulations requiring each air carrier operating under part 121 of
title 14, Code of Federal Regulations, and operating aircraft with a
seating capacity of 20 or more to implement appropriate measures on a
flight in air transportation for the purpose of reducing the likelihood
of any passenger or crewmember contracting an infectious disease. Such
regulations shall be effective only during the period of a national
emergency declared by the President under the National Emergencies Act
(50 U.S.C. 1601 et seq.) relating to a public health emergency.
(b) Deadlines.--In conducting the rulemaking required under
subsection (a), the Secretary shall issue--
(1) a notice of proposed rulemaking not later than 180 days
after the date of enactment of this Act; and
(2) a final rule not later than 1 year after the date of
enactment of this Act.
(c) Consultation.--In conducting the rulemaking proceeding required
under subsection (a), the Secretary may consult with the heads of such
other Federal departments or agencies as the Secretary considers
appropriate.
SEC. 4. STUDY ON TRANSMISSION OF INFECTIOUS DISEASES IN AIRPLANE
CABINS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall seek to enter into an
agreement with the National Academies to conduct a study on the
transmission of infectious diseases, including airborne diseases, in
the cabins of passenger airplanes.
(b) Parameters of Study.--The study required under subsection (a)
shall consider, at a minimum--
(1) air flow patterns and humidity levels in the cabins of
passenger airplanes and the extent to which such patterns and
humidity levels increase or decrease the possibility that a
passenger may be exposed to an airborne pathogen communicated
by another individual on board an airplane;
(2) how uniformly the cabin air supply is completely
exchanged and whether air in certain areas of the cabin is
exchanged more quickly or slowly than in other areas of the
cabin;
(3) the extent to which various recirculation systems and
the respective filtration systems of such recirculation systems
increase or decrease the likelihood of exposure to a pathogen;
(4) the extent to which the use of preconditioned air
during embarkation and disembarkation changes the likelihood of
a passenger's exposure to a pathogen as opposed to the use of
air conditioning packs fed by the auxiliary power unit; and
(5) other variables that determine the likelihood of an
individual's exposure to a pathogen on a passenger airplane,
including the use or location of personal air outlets, seating
location, load factor, movement of cabin crewmembers and
passengers throughout the cabin during the flight, embarkation,
and disembarkation, testing and replacement frequency of air
filters, commonly touched surfaces, use or location of
lavatories, and such other variables as the National Academies
consider relevant.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall--
(1) submit to the congressional committees of jurisdiction
a report on the results of the study required under this
section; and
(2) publish such report on the website of the Federal
Aviation Administration.
SEC. 5. AIR CARRIER PRACTICES AND AIRPLANE DESIGN IMPROVEMENTS.
(a) In General.--Based on the results of the study required under
section 4 and such other information as the Administrator considers
relevant, the Administrator shall identify and evaluate prospective air
carrier practices or procedures, and prospective features in the design
or configuration of cabin surfaces and air conditioning and
pressurization systems in passenger airplanes, that would reduce the
extent of transmission of pathogens within the cabin.
(b) Report.--
(1) Follow-up report.--Not later than 270 days after the
submission of the report under section 4(c), the Administrator
shall publish a report that lists each practice, procedure, and
feature that the Administrator considered under subsection (a),
along with an assessment of the extent to which such practice,
procedure, or feature would reduce the transmission of
pathogens, irrespective of the cost of such implementing such
practice, procedure, or feature.
(2) Publication of report.--The Administrator shall--
(A) transmit the report required under this
subsection to the congressional committees of
jurisdiction; and
(B) publish such report on the website of the
Federal Aviation Administration.
(c) Rulemaking.--
(1) In general.--Not later than 60 days after the issuance
of the report required under subsection (b), the Administrator
shall initiate one or more rulemaking proceedings to--
(A) amend part 25 of title 14, Code of Federal
Regulations, to require that applications for new type
certificates (including amended type certificates) for
new passenger airplanes must include such features
described in subsection (a) as the Administrator
determines appropriate; and
(B) require air carriers to implement such air
carrier practices and procedures described in
subsection (a) as the Administrator determines
appropriate.
(2) Exception.--Notwithstanding paragraph (1), the
Administrator may decline to initiate a rulemaking proceeding
under paragraph (1) if the Administrator--
(A) determines that the practices, procedures, or
features described under paragraph (1) would not reduce
the transmission of pathogens on board passenger
airplanes by a reasonable degree; and
(B) not later than 60 days after the submission of
the report required under subsection (b), submits to
the congressional committees of jurisdiction a thorough
justification describing in detail the Administrator's
rationale for declining to initiate a rulemaking
proceeding.
SEC. 6. CENTER OF EXCELLENCE FOR INFECTIOUS DISEASE RESPONSE AND
PREVENTION IN AVIATION.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a Center of
Excellence for Infectious Disease Response and Prevention in Aviation
(in this section referred to as the ``Center of Excellence'').
(b) Functions.--The Center of Excellence established under this
section shall--
(1) study, and provide educational, technical, and
analytical assistance to the Administrator on, the
transmissibility of infectious diseases, including airborne
diseases, during air travel and such diseases' effects on the
United States aviation system and air commerce;
(2) report to the Administrator on architecture, design,
layout, technologies, industry practices, procedures, or
policies, and other advancements that can be used by airports,
air carriers, aircraft manufacturers, and other aviation
stakeholders, as the case may be, to reduce the spread of
infectious diseases during air travel; and
(3) make recommendations to the Administrator on
regulations, policies, and guidance the Administrator should
develop or issue to meet the goals of this section.
(c) Industry and Labor Participation.--The Center of Excellence may
request or receive data, statistics, or other information from aviation
industry and labor stakeholders to help inform and carry out the
functions described in this section. If any such materials requested or
received inform recommendations of the Center of Excellence under
subsection (b)(3), the Center of Excellence shall clearly disclose the
source of such materials in any such recommendations.
SEC. 7. DEFINITIONS.
For purposes of this Act, the definitions in section 40102(a) of
title 49, United States Code, shall apply to terms in this Act, except
that the following terms have the following meanings:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Airborne disease.--The term ``airborne disease'' means
an infectious disease that is, or is reasonably believed to be,
caused by a pathogen transmissible by aerosols or respiratory
droplets expelled from the nose or mouth.
(3) Congressional committees of jurisdiction.--The term
``congressional committees of jurisdiction'' means the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(4) Passenger airplane.--The term ``passenger airplane''
means a turbine-powered, transport-category airplane
certificated under the provisions of subchapter C of title 14,
Code of Federal Regulations, with a passenger seating capacity
of 20 or more.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
<all>