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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Air Travel Public 

5 Health Emergency Protection Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Passenger air travel is or can be a major 

2 vector in the spread of certain communicable dis3 eases such as COVID–19. 

4 (2) Air passengers who have been infected by 

5 such communicable diseases, especially during a de6 clared national public health emergency, present a 

7 serious public health risk not only to their fellow 

8 passengers but to all who come in contact with them 

9 at their destinations and upon their return. 

10 (3) Further, such air passengers present a seri11 ous negative economic consequence to the airlines on 

12 which they fly and to the destinations at which they 

13 arrive, especially destinations reliant on the travel 

14 and tourism industry, as they destroy public con15 fidence in the health and safety of air travel and of 

16 such destinations. 

17 (4) The best mechanism to address these nega18 tive consequences during a declared national public 

19 health emergency is for potential air passengers to 

20 be tested for symptoms of the relevant commu21 nicable disease before boarding airlines and to be de22 nied boarding if such symptoms are indicated. 

23 (5) The Federal Aviation Administration has 

24 taken the position that it does not have existing 

25 statutory authority to impose a public health-related 


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1 requirement on passenger airlines that they test all 

2 potential air passengers for symptoms of the rel3 evant communicable disease before boarding airlines 

4 and deny boarding if such symptoms are indicated, 

5 and further that individual States are not authorized 

6 to impose such requirements in the exercise of their 

7 police power to protect the public health and foster 

8 economic and social stability. 

9 (6) As a result, some States, in furtherance of 

10 those goals, have been required to adopt far more 

11 risky and less effective methods which consume 

12 scarce resources, including a post-arrival self-polic13 ing quarantine which is widely disregarded. 

14 SEC. 3. PURPOSE. 

15 The purpose of this Act shall be to authorize any 

16 State to impose reasonable public health-protective condi17 tions on the boarding of any passenger on a passenger 

18 airline at the point of origin of a direct flight to such State 

19 during a public health emergency. 

20 SEC. 4. PUBLIC HEALTH ACCOMMODATIONS. 

21 (a) IN GENERAL.—The Administrator of the Federal 

22 Aviation Administration shall allow States, territories of 

23 the United States, and Indian Tribes to implement reason24 able guidelines and restrictions to ensure the public health 

25 and safety of air passengers and the public. 


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1 (b) AMENDMENTS TO TITLE 49.—Title 49 of the 

2 United States Code is amended— 

3 (1) in section 40103— 

4 (A) in subsection (a)(2) by striking ‘‘A cit5 izen’’ and inserting ‘‘Except as provided in sub6 section (f), a citizen’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(f) PUBLIC HEALTH EMERGENCY EXCEPTION.— 

9 During a public health emergency, the Administrator shall 

10 allow States, territories of the United States, and Indian 

11 Tribes to implement and enforce reasonable restrictions 

12 on air passengers at the point of origin of a direct flight 

13 to such State, territory, or Indian Tribe jurisdiction in ac14 cordance with requirements and restrictions determined by 

15 the State, territory, or Indian Tribe at the point of des16 tination which may include, a temperature or other rapid 

17 check for any communicable disease which is the subject 

18 of the public health emergency, and which requirements 

19 and restrictions may include denial of boarding if such in20 tended passenger is indicated for such disease. Such rea21 sonable restrictions shall be implemented at the expense 

22 of the air carrier as determined necessary by a State, ter23 ritory, or Indian Tribe. 

24 ‘‘(g) DEFINITIONS.—For purposes of this section, the 

25 following definitions apply: 


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1 ‘‘(1) PUBLIC HEALTH EMERGENCY.—The term 

2 ‘public health emergency’ means a declaration under 

3 section 319(a) of the Public Health Service Act (42 

4 U.S.C. 247d(a)) related to a communicable disease. 

5 ‘‘(2) REASONABLE RESTRICTION.—The term 

6 ‘reasonable restriction’ means any good faith restric7 tion or condition imposed or implemented on in8 tended passengers prior to boarding a plane by a 

9 State, territory of the United States, or Indian Tribe 

10 to prevent the spread of a communicable disease 

11 during a public health emergency.’’; and 

12 (2) in section 47107 by adding at the end the 

13 following: 

14 ‘‘(x) WAIVER OF REQUIREMENTS.— 

15 ‘‘(1) IN GENERAL.—Notwithstanding the re16 quirements of this section, during a public health 

17 emergency, the Secretary shall waive any grant as18 surance that conflicts with a reasonable restriction 

19 implemented by a State, territory, or Indian Tribe 

20 as set forth in section 40103(f) without an airport 

21 owner or operator submitting a request for such a 

22 waiver. 

23 ‘‘(2) DEFINITIONS.—For purposes of this sub24 section, the following definitions apply: 


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1 ‘‘(A) PUBLIC HEALTH EMERGENCY.—The 

2 term ‘public health emergency’ means a dec3 laration under section 319(a) of the Public 

4 Health Service Act (42 U.S.C. 247d(a)) related 

5 to a communicable disease. 

6 ‘‘(B) REASONABLE RESTRICTION.—The 

7 term ‘reasonable restriction’ means any good 

8 faith restriction or condition imposed or imple9 mented on intended passengers prior to board10 ing a plane by a State, territory of the United 

11 States, or Indian Tribe to prevent the spread of 

12 a communicable disease during a public health 

13 emergency.’’. 

Æ 


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