,i #aafth ,,congress #b;d ,session ,h4 ,r4 #ghfg ,,in ,,the ,,house ,,of ,,representatives ,july #cj1 #bjbj,mr4 ,de,fazio 7for himself1 ,mr4 ,larsen of ,washington1 ,ms4 ,brownley of ,california1 ,mr4 ,lowenthal1 ,mr4 ,carson of ,indiana1 ,ms4 ,norton1 ,mr4 ,garca of ,illinois1 ,mr4 ,huffman1 ,ms4 ,davids of ,kansas1 ,mr4 ,de,saulnier1 ,mr4 ,allred1 ,ms4 ,mucarsel-,powell1 ,ms4 ,wilson of ,florida1 ,mr4 ,lynch1 ,mr4 ,cohen1 ,ms4 ,johnson of ,texas1 ,mr4 ,carbajal1 ,mr4 ,payne1 ,mr4 ,schiff1 and ,mr4 ,sires7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to amend title #di1 ,united ,states ,code1 to provide for aviation system enhancements during public health emergencies1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,healthy ,flights ,act of #bjbj4 #b4 ,aviation system enhancements during public health emergencies 7a7 ,public health emergencies ,part ,e of subtitle ,,vii of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #ejb ,public health emergencies #ejbja4 ,authority of the ,,faa ,administrator4 #ejbjb4 ,protective masks among airline passengers on board aircraft during public health emergencies4 #ejbjc4 ,protective masks in airports during public health emergencies4 #ejbjd4 ,protective masks and equipment among air carrier employees during public health emergencies4 #ejbje4 ,protection of certain ,federal ,aviation ,administration employees during public health emergencies4 #ejbjf4 ,national plan for aviation system preparedness4 #ejbjg4 ,definitions4 #ejbja4 ,authority of the ,,faa ,administrator ,with respect to the occurrence of a pandemic or epidemic of an infectious disease1 the ,administrator shall have authority to impose1 by emergency order or otherwise1 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 system4 #ejbjb4 ,protective masks among airline passengers on board aircraft during public health emergencies 7a7 ,in general ,during the period of any national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to an airborne disease1 each air carrier operating under part #aba of title #ad1 ,code of ,federal ,regulations1 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 carrier4 7b7 ,responsibilities 7#a7 ,air carrier responsibilities ,an air carrier operating under part #aba of title #ad1 ,code of ,federal ,regulations1 shall-- 7,a7 notify the ,administrator within #g days of each instance in which a passenger violates the requirement of subsection 7a7 without a valid exception from such requirements under subsection 7c7 or subsection 7d77#c7 by providing the ,administrator with such information regarding a violation as the ,administrator may require2 7,b7 designate an appropriate office or department of the air carrier to receive notifications from crewmembers under paragraph 7#b7 and to provide information to the ,administrator in accordance with this subsection2 and 7,c7 provide flight and cabin crewmembers with specific1 easily followed instructions for contacting the office or department described in subparagraph 7,b7 with a notification under paragraph 7#b74 7#b7 ,crewmember responsibilities ,not later than the termination of passenger disembarkation from an aircraft described in subsection 7a71 the flight or cabin crew of such aircraft shall notify an employee of the air carrier office or department designated under paragraph 7#a7 of a violation of the requirements of subsection 7a7 and shall provide information necessary to identify the passenger who committed such violation4 ,for purposes of this subsection1 a notification shall not include removal of a mask or face covering pursuant to an exception under subsection 7c7 or subsection 7d77#c74 7c7 ,exceptions ,an air carrier may allow an individual to temporarily remove a mask or face covering required under subsection 7a7 only-- 7#a7 while consuming food or beverage2 7#b7 to address a medical need that justifies temporary removal of the mask or face covering2 7#c7 to don a supplemental oxygen mask in the event of a reduction in the pressure altitude inside the cabin of an aircraft2 or 7#d7 for another reason identified by the ,administrator in a regulation issued pursuant to this section4 7d7 ,responsibilities to individuals with disabilities 7#a7 ,relationship to other laws ,nothing in this section shall be construed to abridge any right1 or excuse the performance of any duty1 arising under section #dagje of this title or regulations promulgated pursuant to such section1 including the duty of an air carrier to assist passengers covered under such section4 7#b7 ,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 #dagje7;a7 who requires such assistance-- 7,a7 in donning or removing a mask or face covering required under subsection 7a72 7,b7 in disinfecting or sanitizing an aisle chair1 an airport push chair1 or personal mobility aid or other device1 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 arrival2 7,c7 in taking any other reasonable measures1 consistent with any applicable guidelines of the ,centers for ,disease ,control and ,prevention1 necessary for the individual to reduce the chance of infection with an airborne disease2 and 7,d7 in complying with any legal1 air carrier1 or airport requirement intended to reduce the spread of an airborne disease4 7#c7 ,limited exception ,with respect to an individual covered under section #dagje who is unable to wear a mask or face covering and objects to such a requirement1 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 #chb4ai7;c7 of title #ad1 ,code of ,federal ,regulations1 and concludes that the individual poses a direct threat pursuant to such analysis4 ,each air carrier shall develop policies and procedures to ensure that-- 7,a7 the outcome of such analysis is reliable1 including through consultation with a medical consulting or advisory service to determine whether the individual poses a risk to others2 7,b7 the individual and the air carrier's employees or contractors are afforded an appropriate amount of time for such analysis before departure of a flight2 and 7,c7 with respect to any individual who is permitted to board a flight without a mask or protective face covering1 other reasonable measures are available to minimize the individual's risk of infection and the risk of the individual spreading the airborne disease4 7e7 ,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 contractors4 #ejbjc4 ,protective masks in airports during public health emergencies 7a7 ,in general ,during the period of any national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to an airborne disease1 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-- 7#a7 is consuming food or beverage2 7#b7 is attending to a medical need that justifies temporary removal of the mask or face covering2 7#c7 is directed to remove a mask or face covering by an air carrier employee1 a law enforcement officer1 or a person performing functions governed under chapter #ddi2 or 7#d7 has another reason identified by the ,administrator in any regulations promulgated under this section4 7b7 ,responsibilities to individuals with disabilities 7#a7 ,relationship to other laws ,nothing in this section shall be construed to abridge any right1 or excuse the performance of any duty1 arising under any applicable requirements of chapter #abf of title #db or1 to the extent applicable1 section #dagje of this title or regulations issued pursuant to such chapter or section4 7#b7 ,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 #abf of title #db or section #dagje of this title1 such employee or contractor shall assist such individual-- 7,a7 in donning or removing a mask or face covering required under subsection 7a72 7,b7 in taking any reasonable measures1 consistent with any applicable guidelines of the ,centers for ,disease ,control and ,prevention1 necessary for the individual to reduce the chance of infection with the disease2 and 7,c7 in complying with any legal1 air carrier1 or airport requirement intended to reduce the spread of the disease4 #ejbjd4 ,protective masks and equipment among air carrier employees during public health emergencies 7a7 ,in general ,during the period of any national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to an airborne disease1 each air carrier operating under part #aba of title #ad1 ,code of ,federal ,regulations1 shall-- 7#a7 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 carrier2 7#b7 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 carrier2 7#c7 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 airport2 7#d7 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 carrier1 including a safety risk assessment with respect to such proposal2 7#e7 provide flight and cabin crewmembers1 airport customer service agents1 and other employees whose job responsibilities involve interaction with passengers with masks or protective face coverings1 gloves1 and hand sanitizer and wipes with sufficient alcohol content1 and provide training on the proper use of such items and equipment2 7#f7 ensure aircraft1 including the cockpit and cabin1 operated by such carrier are cleaned1 disinfected1 and sanitized by cleaners who are not flight or cabin crewmembers after each use in accordance with ,centers for ,disease ,control and ,prevention guidance2 7#g7 ensure enclosed facilities owned1 operated1 or used by such air carrier1 including facilities used for flight or cabin crewmember training or performance of indoor maintenance1 repair1 or overhaul work1 are cleaned1 disinfected1 and sanitized frequently in accordance with ,centers for ,disease ,control and ,prevention guidance2 7#h7 provide air carrier employees whose job responsibilities involve cleaning1 disinfecting1 and sanitizing aircraft or enclosed facilities described in paragraphs 7#f7 and 7#g7 with masks or protective face coverings and gloves1 and ensure that each contractor of the air carrier provides employees of such contractor with such materials2 and 7#i7 establish guidelines1 or adhere to existing applicable guidelines1 for notifying or contacting employees who may have come into physical contact or interaction with an employee who has been diagnosed with such airborne disease4 7b7 ,limited exceptions ,the requirement for cabin and flight crewmembers to wear a mask or protective face covering under subsections 7a77#a7 and 7a77#b7 shall not apply while-- 7#a7 consuming food or beverage2 7#b7 addressing a legitimate medical need that justifies temporary removal of the mask or face covering2 7#c7 donning a supplemental oxygen mask in the event of a reduction in the pressure altitude inside the cabin2 7#d7 assisting another crewmember or passenger in distress2 or 7#e7 performing another legitimate action identified by the air carrier or ,administrator in any regulation issued pursuant to this section4 #ejbje4 ,protection of certain ,federal ,aviation ,administration employees during public health emergencies 7a7 ,in general ,during the period of any national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to an airborne disease1 in order to maintain the safe and efficient operation of the air traffic control system1 the ,administrator shall-- 7#a7 provide air traffic controllers1 aviation safety inspectors1 and airway transportation systems specialists of the ,administration with masks or protective face coverings1 gloves1 and hand sanitizer and wipes with sufficient alcohol content2 7#b7 ensure air traffic control facilities are cleaned1 disinfected1 and sanitized frequently in accordance with ,centers for ,disease ,control and ,prevention guidance2 and 7#c7 provide employees of the ,administration whose job responsibilities involve cleaning1 disinfecting1 and sanitizing facilities described in paragraph 7#b7 with masks or protective face coverings and gloves1 and ensure that each contractor of the ,administration provides employees of such contractor with such materials4 7b7 ,source of equipment ,the items described in subsection 7a7 may be procured or provided under such subsection through any sources available to the ,administrator4 #ejbjf4 ,national plan for aviation system preparedness 7a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,secretary1 in coordination with the ,secretary of ,health and ,human ,services1 the ,secretary of ,homeland ,security1 ,director of the ,centers for ,disease ,control and ,prevention1 and the heads of such other ,federal departments or agencies as the ,secretary considers appropriate1 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 diseases4 7b7 ,contents of plan ,a plan developed under subsection 7a7 shall1 at a minimum-- 7#a7 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 ,diseases3 ,comprehensive ,federal ,plan ,needed for ,u4,s4 ,aviation ,system's ,preparedness1 dated ,december #bjae 7,no4 ,,gao #af-abg72 7#b7 clearly delineate the responsibilities of the sponsors or operators of covered airports1 air carriers1 and ,federal agencies in responding to an infectious disease epidemic or pandemic2 and 7#c7 include provisions for improving coordination among air carriers1 airport sponsors1 ,united ,states ,customs and ,border ,protection1 the ,centers for ,disease ,control and ,prevention1 other appropriate ,federal stakeholders1 labor organizations representing groups listed in subsection 7c71 and other appropriate stakeholders for the rapid and orderly implementation of measures including health screening1 quarantining1 and contact-tracing with respect to air carrier passengers4 7c7 ,consultation ,when developing a plan under subsection 7a71 the ,secretary shall consult with aviation industry and labor stakeholders1 including representatives of-- 7#a7 air carriers2 7#b7 small1 medium1 and large hub airports2 7#c7 labor organizations that represent flight crewmembers1 cabin crewmembers1 air carrier airport customer service representatives1 and air carrier maintenance1 repair1 and overhaul workers2 7#d7 the labor organization certified under section #gaaa of title #e as the exclusive bargaining representative of air traffic controllers of the ,federal ,aviation ,administration2 7#e7 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 ,administration2 and 7#f7 other stakeholders as the ,secretary considers appropriate4 7d7 ,report ,not later than #cj days after the plan is developed under subsection 7a71 the ,secretary shall submit to the appropriate committees of ,congress such plan4 #ejbjg4 ,definitions ,the definitions in section #djajb7;a7 of this title shall apply to terms in this chapter1 except that the following terms have the following meanings3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,aviation ,administration4 7#b7 ,airborne disease ,the term airborne disease means an infectious disease that is1 or is reasonably believed to be1 caused by a pathogen transmissible by aerosols or respiratory droplets expelled from the nose or mouth4 7#c7 ,covered airport ,the term covered airport means a public-use airport that receives flights of an air carrier operating under the provisions of part #aba of title #ad1 ,code of ,federal ,regulations4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 4 7b7 ,clerical amendment ,the analysis for subtitle ,,vii of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #ejb4 ,public ,health ,emergencies #ejbja 4 7c7 ,interference with crewmembers ,section #dfejd of title #di1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7a7 ,in general4-- before ,an individual2 and 7#b7 by adding at the end the following3 7b7 ,failure ,to wear masks during public health emergency ,for purposes of subsection 7a71 an individual interferes with the performance of the duties of a flight crew member or flight attendant if such individual1 without justification1 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 7#ej ,u4,s4,c4 #afja et seq47 with respect to an infectious disease that is1 or is reasonably believed to be1 caused by a pathogen transmissible by respiratory droplets expelled from the nose or mouth4 4 7d7 ,conforming amendment ,section #dfcja of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#e7 by inserting section #ejbjb1 section #ejbjc1 after chapter #dea12 and 7#b7 in subsection 7d77#b7 by inserting 1 section #ejbjb1 section #ejbjc1 after of this title4 #c4 ,regulations for air carriers to reduce spread of infectious diseases 7a7 ,in general ,in coordination with the ,director of the ,centers for ,disease ,control and ,prevention1 the ,secretary shall promulgate regulations requiring each air carrier operating under part #aba of title #ad1 ,code of ,federal ,regulations1 and operating aircraft with a seating capacity of #bj 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 disease4 ,such regulations shall be effective only during the period of a national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 relating to a public health emergency4 7b7 ,deadlines ,in conducting the rulemaking required under subsection 7a71 the ,secretary shall issue-- 7#a7 a notice of proposed rulemaking not later than #ahj days after the date of enactment of this ,act2 and 7#b7 a final rule not later than #a year after the date of enactment of this ,act4 7c7 ,consultation ,in conducting the rulemaking proceeding required under subsection 7a71 the ,secretary may consult with the heads of such other ,federal departments or agencies as the ,secretary considers appropriate4 #d4 ,study on transmission of infectious diseases in airplane cabins 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall seek to enter into an agreement with the ,national ,academies to conduct a study on the transmission of infectious diseases1 including airborne diseases1 in the cabins of passenger airplanes4 7b7 ,parameters of study ,the study required under subsection 7a7 shall consider1 at a minimum-- 7#a7 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 airplane2 7#b7 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 cabin2 7#c7 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 pathogen2 7#d7 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 unit2 and 7#e7 other variables that determine the likelihood of an individual's exposure to a pathogen on a passenger airplane1 including the use or location of personal air outlets1 seating location1 load factor1 movement of cabin crewmembers and passengers throughout the cabin during the flight1 embarkation1 and disembarkation1 testing and replacement frequency of air filters1 commonly touched surfaces1 use or location of lavatories1 and such other variables as the ,national ,academies consider relevant4 7c7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall-- 7#a7 submit to the congressional committees of jurisdiction a report on the results of the study required under this section2 and 7#b7 publish such report on the website of the ,federal ,aviation ,administration4 #e4 ,air carrier practices and airplane design improvements 7a7 ,in general ,based on the results of the study required under section #d and such other information as the ,administrator considers relevant1 the ,administrator shall identify and evaluate prospective air carrier practices or procedures1 and prospective features in the design or configuration of cabin surfaces and air conditioning and pressurization systems in passenger airplanes1 that would reduce the extent of transmission of pathogens within the cabin4 7b7 ,report 7#a7 ,follow-up report ,not later than #bgj days after the submission of the report under section #d7;c71 the ,administrator shall publish a report that lists each practice1 procedure1 and feature that the ,administrator considered under subsection 7a71 along with an assessment of the extent to which such practice1 procedure1 or feature would reduce the transmission of pathogens1 irrespective of the cost of such implementing such practice1 procedure1 or feature4 7#b7 ,publication of report ,the ,administrator shall-- 7,a7 transmit the report required under this subsection to the congressional committees of jurisdiction2 and 7,b7 publish such report on the website of the ,federal ,aviation ,administration4 7c7 ,rulemaking 7#a7 ,in general ,not later than #fj days after the issuance of the report required under subsection 7b71 the ,administrator shall initiate one or more rulemaking proceedings to-- 7,a7 amend part #be of title #ad1 ,code of ,federal ,regulations1 to require that applications for new type certificates 7including amended type certificates7 for new passenger airplanes must include such features described in subsection 7a7 as the ,administrator determines appropriate2 and 7,b7 require air carriers to implement such air carrier practices and procedures described in subsection 7a7 as the ,administrator determines appropriate4 7#b7 ,exception ,notwithstanding paragraph 7#a71 the ,administrator may decline to initiate a rulemaking proceeding under paragraph 7#a7 if the ,administrator-- 7,a7 determines that the practices1 procedures1 or features described under paragraph 7#a7 would not reduce the transmission of pathogens on board passenger airplanes by a reasonable degree2 and 7,b7 not later than #fj days after the submission of the report required under subsection 7b71 submits to the congressional committees of jurisdiction a thorough justification describing in detail the ,administrator's rationale for declining to initiate a rulemaking proceeding4 #f4 ,center of ,excellence for ,infectious ,disease ,response and ,prevention in ,aviation 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall establish a ,center of ,excellence for ,infectious ,disease ,response and ,prevention in ,aviation 7in this section referred to as the ,center of ,excellence74 7b7 ,functions ,the ,center of ,excellence established under this section shall-- 7#a7 study1 and provide educational1 technical1 and analytical assistance to the ,administrator on1 the transmissibility of infectious diseases1 including airborne diseases1 during air travel and such diseases' effects on the ,united ,states aviation system and air commerce2 7#b7 report to the ,administrator on architecture1 design1 layout1 technologies1 industry practices1 procedures1 or policies1 and other advancements that can be used by airports1 air carriers1 aircraft manufacturers1 and other aviation stakeholders1 as the case may be1 to reduce the spread of infectious diseases during air travel2 and 7#c7 make recommendations to the ,administrator on regulations1 policies1 and guidance the ,administrator should develop or issue to meet the goals of this section4 7c7 ,industry and labor participation ,the ,center of ,excellence may request or receive data1 statistics1 or other information from aviation industry and labor stakeholders to help inform and carry out the functions described in this section4 ,if any such materials requested or received inform recommendations of the ,center of ,excellence under subsection 7b77#c71 the ,center of ,excellence shall clearly disclose the source of such materials in any such recommendations4 #g4 ,definitions ,for purposes of this ,act1 the definitions in section #djajb7;a7 of title #di1 ,united ,states ,code1 shall apply to terms in this ,act1 except that the following terms have the following meanings3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,aviation ,administration4 7#b7 ,airborne disease ,the term airborne disease means an infectious disease that is1 or is reasonably believed to be1 caused by a pathogen transmissible by aerosols or respiratory droplets expelled from the nose or mouth4 7#c7 ,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 ,commerce1 ,science1 and ,transportation of the ,senate4 7#d7 ,passenger airplane ,the term passenger airplane means a turbine-powered1 transport-category airplane certificated under the provisions of subchapter ,c of title #ad1 ,code of ,federal ,regulations1 with a passenger seating capacity of #bj or more4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4