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 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. 

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 ‘‘Healthy Flights Act 

5 of 2020’’. 


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1 SEC. 2. AVIATION SYSTEM ENHANCEMENTS DURING PUB2 LIC HEALTH EMERGENCIES. 

3 (a) PUBLIC HEALTH EMERGENCIES.—Part E of sub4 title VII of title 49, United States Code, is amended by 

5 adding at the end the following: 

6 ‘‘CHAPTER 502—PUBLIC HEALTH 

7 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. 

8 ‘‘§ 50201. Authority of the FAA Administrator 

9 ‘‘With respect to the occurrence of a pandemic or epi10 demic of an infectious disease, the Administrator shall 

11 have authority to impose, by emergency order or other12 wise, such requirements related to the operation of a pas13 senger or cargo aircraft of an air carrier in air transpor14 tation as the Administrator determines are necessary to 

15 protect the health and safety of air carrier crewmembers 

16 and passengers and to reduce the spread of such infectious 

17 disease through the aviation system. 


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1 ‘‘§ 50202. Protective masks among airline passengers 

2 on board aircraft during public health 

3 emergencies 

4 ‘‘(a) IN GENERAL.—During the period of any na5 tional emergency declared by the President under the Na6 tional Emergencies Act (50 U.S.C. 1601 et seq.) with re7 spect to an airborne disease, each air carrier operating 

8 under part 121 of title 14, Code of Federal Regulations, 

9 shall require each passenger of such air carrier to wear 

10 a mask or protective face covering while such passenger 

11 is on board an aircraft of such air carrier. 

12 ‘‘(b) RESPONSIBILITIES.— 

13 ‘‘(1) AIR CARRIER RESPONSIBILITIES.—An air 

14 carrier operating under part 121 of title 14, Code of 

15 Federal Regulations, shall— 

16 ‘‘(A) notify the Administrator within 7 

17 days of each instance in which a passenger vio18 lates the requirement of subsection (a) without 

19 a valid exception from such requirements under 

20 subsection (c) or subsection (d)(3) by providing 

21 the Administrator with such information re22 garding a violation as the Administrator may 

23 require; 

24 ‘‘(B) designate an appropriate office or de25 partment of the air carrier to receive notifica26 tions from crewmembers under paragraph (2) 


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1 and to provide information to the Administrator 

2 in accordance with this subsection; and 

3 ‘‘(C) provide flight and cabin crewmembers 

4 with specific, easily followed instructions for 

5 contacting the office or department described in 

6 subparagraph (B) with a notification under 

7 paragraph (2). 

8 ‘‘(2) CREWMEMBER RESPONSIBILITIES.—Not 

9 later than the termination of passenger disembarka10 tion from an aircraft described in subsection (a), the 

11 flight or cabin crew of such aircraft shall notify an 

12 employee of the air carrier office or department des13 ignated under paragraph (1) of a violation of the re14 quirements of subsection (a) and shall provide infor15 mation necessary to identify the passenger who com16 mitted such violation. For purposes of this sub17 section, a notification shall not include removal of a 

18 mask or face covering pursuant to an exception 

19 under subsection (c) or subsection (d)(3). 

20 ‘‘(c) EXCEPTIONS.—An air carrier may allow an indi21 vidual to temporarily remove a mask or face covering re22 quired under subsection (a) only— 

23 ‘‘(1) while consuming food or beverage; 

24 ‘‘(2) to address a medical need that justifies 

25 temporary removal of the mask or face covering; 


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1 ‘‘(3) to don a supplemental oxygen mask in the 

2 event of a reduction in the pressure altitude inside 

3 the cabin of an aircraft; or 

4 ‘‘(4) for another reason identified by the Ad5 ministrator in a regulation issued pursuant to this 

6 section. 

7 ‘‘(d) RESPONSIBILITIES TO INDIVIDUALS WITH DIS8 ABILITIES.— 

9 ‘‘(1) RELATIONSHIP TO OTHER LAWS.—Noth10 ing in this section shall be construed to abridge any 

11 right, or excuse the performance of any duty, arising 

12 under section 41705 of this title or regulations pro13 mulgated pursuant to such section, including the 

14 duty of an air carrier to assist passengers covered 

15 under such section. 

16 ‘‘(2) ADDITIONAL DUTIES OF AIR CARRIERS.— 

17 Each air carrier shall require employees and con18 tractors of such air carrier to provide assistance to 

19 an individual described in section 41705(a) who re20 quires such assistance— 

21 ‘‘(A) in donning or removing a mask or 

22 face covering required under subsection (a); 

23 ‘‘(B) in disinfecting or sanitizing an aisle 

24 chair, an airport push chair, or personal mobil25 ity aid or other device, if such personal mobility 


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1 aid or other device was tendered to the air car2 rier for a flight and delivered to the individual 

3 after the flight’s arrival; 

4 ‘‘(C) in taking any other reasonable meas5 ures, consistent with any applicable guidelines 

6 of the Centers for Disease Control and Preven7 tion, necessary for the individual to reduce the 

8 chance of infection with an airborne disease; 

9 and 

10 ‘‘(D) in complying with any legal, air car11 rier, or airport requirement intended to reduce 

12 the spread of an airborne disease. 

13 ‘‘(3) LIMITED EXCEPTION.—With respect to an 

14 individual covered under section 41705 who is un15 able to wear a mask or face covering and objects to 

16 such a requirement, an air carrier may deny board17 ing to such individual for a flight in air transpor18 tation only if such air carrier performs the individ19 ualized analysis described under section 382.19(c) of 

20 title 14, Code of Federal Regulations, and concludes 

21 that the individual poses a direct threat pursuant to 

22 such analysis. Each air carrier shall develop policies 

23 and procedures to ensure that— 

24 ‘‘(A) the outcome of such analysis is reli25 able, including through consultation with a 


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1 medical consulting or advisory service to deter2 mine whether the individual poses a risk to oth3 ers; 

4 ‘‘(B) the individual and the air carrier’s 

5 employees or contractors are afforded an appro6 priate amount of time for such analysis before 

7 departure of a flight; and 

8 ‘‘(C) with respect to any individual who is 

9 permitted to board a flight without a mask or 

10 protective face covering, other reasonable meas11 ures are available to minimize the individual’s 

12 risk of infection and the risk of the individual 

13 spreading the airborne disease. 

14 ‘‘(e) SAVINGS PROVISION.—Nothing in this section 

15 shall be construed to prioritize any interest over the public 

16 interest in aviation safety or the health and safety of air 

17 carrier employees or contractors. 

18 ‘‘§ 50203. Protective masks in airports during public 

19 health emergencies 

20 ‘‘(a) IN GENERAL.—During the period of any na21 tional emergency declared by the President under the Na22 tional Emergencies Act (50 U.S.C. 1601 et seq.) with re23 spect to an airborne disease, the operator of a covered air24 port shall require that any individual within any indoor 

25 public space on the airport premises and under the control 


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1 of such operator is wearing a mask or other protective face 

2 covering except when such individual— 

3 ‘‘(1) is consuming food or beverage; 

4 ‘‘(2) is attending to a medical need that justi5 fies temporary removal of the mask or face covering; 

6 ‘‘(3) is directed to remove a mask or face cov7 ering by an air carrier employee, a law enforcement 

8 officer, or a person performing functions governed 

9 under chapter 449; or 

10 ‘‘(4) has another reason identified by the Ad11 ministrator in any regulations promulgated under 

12 this section. 

13 ‘‘(b) RESPONSIBILITIES TO INDIVIDUALS WITH DIS14 ABILITIES.— 

15 ‘‘(1) RELATIONSHIP TO OTHER LAWS.—Noth16 ing in this section shall be construed to abridge any 

17 right, or excuse the performance of any duty, arising 

18 under any applicable requirements of chapter 126 of 

19 title 42 or, to the extent applicable, section 41705 

20 of this title or regulations issued pursuant to such 

21 chapter or section. 

22 ‘‘(2) ADDITIONAL DUTIES OF AIRPORT OPER23 ATOR.—If an employee or contractor of an airport 

24 operator is providing assistance to an air carrier 

25 passenger covered under chapter 126 of title 42 or 


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1 section 41705 of this title, such employee or con2 tractor shall assist such individual— 

3 ‘‘(A) in donning or removing a mask or 

4 face covering required under subsection (a); 

5 ‘‘(B) in taking any reasonable measures, 

6 consistent with any applicable guidelines of the 

7 Centers for Disease Control and Prevention, 

8 necessary for the individual to reduce the 

9 chance of infection with the disease; and 

10 ‘‘(C) in complying with any legal, air car11 rier, or airport requirement intended to reduce 

12 the spread of the disease. 

13 ‘‘§ 50204. Protective masks and equipment among air 

14 carrier employees during public health 

15 emergencies 

16 ‘‘(a) IN GENERAL.—During the period of any na17 tional emergency declared by the President under the Na18 tional Emergencies Act (50 U.S.C. 1601 et seq.) with re19 spect to an airborne disease, each air carrier operating 

20 under part 121 of title 14, Code of Federal Regulations, 

21 shall— 

22 ‘‘(1) require each cabin crewmember to wear a 

23 mask or protective face covering and permit such 

24 crewmember to wear protective eyewear or a face 


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1 shield while on board an aircraft or in a vehicle of 

2 the air carrier; 

3 ‘‘(2) require each flight crewmember to wear a 

4 mask or protective face covering and permit such 

5 crewmember to wear protective eyewear or a face 

6 shield while on board an aircraft but outside the 

7 flight deck of the air carrier or in a vehicle of the 

8 air carrier; 

9 ‘‘(3) require each employee or contractor of the 

10 air carrier to wear a mask or protective face cov11 ering while within any indoor public space of a cov12 ered airport; 

13 ‘‘(4) submit to the Administrator a proposal to 

14 permit flight crewmembers of the air carrier to wear 

15 a mask or protective face covering while at their sta16 tions in the flight deck of an aircraft of the air car17 rier, including a safety risk assessment with respect 

18 to such proposal; 

19 ‘‘(5) provide flight and cabin crewmembers, air20 port customer service agents, and other employees 

21 whose job responsibilities involve interaction with 

22 passengers with masks or protective face coverings, 

23 gloves, and hand sanitizer and wipes with sufficient 

24 alcohol content, and provide training on the proper 

25 use of such items and equipment; 


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1 ‘‘(6) ensure aircraft, including the cockpit and 

2 cabin, operated by such carrier are cleaned, dis3 infected, and sanitized by cleaners who are not flight 

4 or cabin crewmembers after each use in accordance 

5 with Centers for Disease Control and Prevention 

6 guidance; 

7 ‘‘(7) ensure enclosed facilities owned, operated, 

8 or used by such air carrier, including facilities used 

9 for flight or cabin crewmember training or perform10 ance of indoor maintenance, repair, or overhaul 

11 work, are cleaned, disinfected, and sanitized fre12 quently in accordance with Centers for Disease Con13 trol and Prevention guidance; 

14 ‘‘(8) provide air carrier employees whose job re15 sponsibilities involve cleaning, disinfecting, and sani16 tizing aircraft or enclosed facilities described in 

17 paragraphs (6) and (7) with masks or protective 

18 face coverings and gloves, and ensure that each con19 tractor of the air carrier provides employees of such 

20 contractor with such materials; and 

21 ‘‘(9) establish guidelines, or adhere to existing 

22 applicable guidelines, for notifying or contacting em23 ployees who may have come into physical contact or 

24 interaction with an employee who has been diag25 nosed with such airborne disease. 


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1 ‘‘(b) LIMITED EXCEPTIONS.—The requirement for 

2 cabin and flight crewmembers to wear a mask or protec3 tive face covering under subsections (a)(1) and (a)(2) shall 

4 not apply while— 

5 ‘‘(1) consuming food or beverage; 

6 ‘‘(2) addressing a legitimate medical need that 

7 justifies temporary removal of the mask or face cov8 ering; 

9 ‘‘(3) donning a supplemental oxygen mask in 

10 the event of a reduction in the pressure altitude in11 side the cabin; 

12 ‘‘(4) assisting another crewmember or pas13 senger in distress; or 

14 ‘‘(5) performing another legitimate action iden15 tified by the air carrier or Administrator in any reg16 ulation issued pursuant to this section. 

17 ‘‘§ 50205. Protection of certain Federal Aviation Ad18 ministration employees during public 

19 health emergencies 

20 ‘‘(a) IN GENERAL.—During the period of any na21 tional emergency declared by the President under the Na22 tional Emergencies Act (50 U.S.C. 1601 et seq.) with re23 spect to an airborne disease, in order to maintain the safe 

24 and efficient operation of the air traffic control system, 

25 the Administrator shall— 


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1 ‘‘(1) provide air traffic controllers, aviation 

2 safety inspectors, and airway transportation systems 

3 specialists of the Administration with masks or pro4 tective face coverings, gloves, and hand sanitizer and 

5 wipes with sufficient alcohol content; 

6 ‘‘(2) ensure air traffic control facilities are 

7 cleaned, disinfected, and sanitized frequently in ac8 cordance with Centers for Disease Control and Pre9 vention guidance; and 

10 ‘‘(3) provide employees of the Administration 

11 whose job responsibilities involve cleaning, dis12 infecting, and sanitizing facilities described in para13 graph (2) with masks or protective face coverings 

14 and gloves, and ensure that each contractor of the 

15 Administration provides employees of such con16 tractor with such materials. 

17 ‘‘(b) SOURCE OF EQUIPMENT.—The items described 

18 in subsection (a) may be procured or provided under such 

19 subsection through any sources available to the Adminis20 trator. 

21 ‘‘§ 50206. National plan for aviation system prepared22 ness 

23 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

24 date of enactment of this section, the Secretary, in coordi25 nation with the Secretary of Health and Human Services, 


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1 the Secretary of Homeland Security, Director of the Cen2 ters for Disease Control and Prevention, and the heads 

3 of such other Federal departments or agencies as the Sec4 retary considers appropriate, shall develop and regularly 

5 update a national aviation preparedness plan to ensure the 

6 aviation system is prepared to respond to epidemics and 

7 pandemics of infectious diseases. 

8 ‘‘(b) CONTENTS OF PLAN.—A plan developed under 

9 subsection (a) shall, at a minimum— 

10 ‘‘(1) fully incorporate elements referenced in 

11 the recommendation of the Comptroller General of 

12 the United States to the Secretary of Transportation 

13 titled ‘Air Travel and Communicable Diseases: Com14 prehensive Federal Plan Needed for U.S. Aviation 

15 System’s Preparedness’, dated December 2015 (No. 

16 GAO 16–127); 

17 ‘‘(2) clearly delineate the responsibilities of the 

18 sponsors or operators of covered airports, air car19 riers, and Federal agencies in responding to an in20 fectious disease epidemic or pandemic; and 

21 ‘‘(3) include provisions for improving coordina22 tion among air carriers, airport sponsors, United 

23 States Customs and Border Protection, the Centers 

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1 resenting groups listed in subsection (c), and other 

2 appropriate stakeholders for the rapid and orderly 

3 implementation of measures including health screen4 ing, quarantining, and contact-tracing with respect 

5 to air carrier passengers. 

6 ‘‘(c) CONSULTATION.—When developing a plan under 

7 subsection (a), the Secretary shall consult with aviation 

8 industry and labor stakeholders, including representatives 

9 of— 

10 ‘‘(1) air carriers; 

11 ‘‘(2) small, medium, and large hub airports; 

12 ‘‘(3) labor organizations that represent flight 

13 crewmembers, cabin crewmembers, air carrier air14 port customer service representatives, and air carrier 

15 maintenance, repair, and overhaul workers; 

16 ‘‘(4) the labor organization certified under sec17 tion 7111 of title 5 as the exclusive bargaining rep18 resentative of air traffic controllers of the Federal 

19 Aviation Administration; 

20 ‘‘(5) the labor organization certified under such 

21 section as the exclusive bargaining representative of 

22 airway transportation systems specialists and avia23 tion safety inspectors of the Federal Aviation Ad24 ministration; and 


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1 ‘‘(6) other stakeholders as the Secretary con2 siders appropriate. 

3 ‘‘(d) REPORT.—Not later than 30 days after the plan 

4 is developed under subsection (a), the Secretary shall sub5 mit to the appropriate committees of Congress such plan. 

6 ‘‘§ 50207. Definitions 

7 ‘‘The definitions in section 40102(a) of this title shall 

8 apply to terms in this chapter, except that the following 

9 terms have the following meanings: 

10 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis11 trator’ means the Administrator of the Federal Avia12 tion Administration. 

13 ‘‘(2) AIRBORNE DISEASE.—The term ‘airborne 

14 disease’ means an infectious disease that is, or is 

15 reasonably believed to be, caused by a pathogen 

16 transmissible by aerosols or respiratory droplets ex17 pelled from the nose or mouth. 

18 ‘‘(3) COVERED AIRPORT.—The term ‘covered 

19 airport’ means a public-use airport that receives 

20 flights of an air carrier operating under the provi21 sions of part 121 of title 14, Code of Federal Regu22 lations. 

23 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 

24 the Secretary of Transportation.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for sub2 title VII of title 49, United States Code, is amended by 

3 adding at the end the following: 

‘‘502. PUBLIC HEALTH EMERGENCIES 50201’’. 

4 (c) INTERFERENCE WITH CREWMEMBERS.—Section 

5 46504 of title 49, United States Code, is amended— 

6 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

7 ‘‘An individual’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(b) FAILURE TO WEAR MASKS DURING PUBLIC

10 HEALTH EMERGENCY.—For purposes of subsection (a), 

11 an individual interferes with the performance of the duties 

12 of a flight crew member or flight attendant if such indi13 vidual, without justification, disobeys a flight crew mem14 ber’s or flight attendant’s instruction to wear a mask or 

15 protective face covering during the period of any national 

16 emergency declared by the President under the National 

17 Emergencies Act (50 U.S.C. 1601 et seq.) with respect 

18 to an infectious disease that is, or is reasonably believed 

19 to be, caused by a pathogen transmissible by respiratory 

20 droplets expelled from the nose or mouth.’’. 

21 (d) CONFORMING AMENDMENT.—Section 46301 of 

22 title 49, United States Code, is amended— 

23 (1) in subsection (a)(5) by inserting ‘‘section 

24 50202, section 50203,’’ after ‘‘chapter 451,’’; and 


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1 (2) in subsection (d)(2) by inserting ‘‘, section 

2 50202, section 50203,’’ after ‘‘of this title’’. 

3 SEC. 3. REGULATIONS FOR AIR CARRIERS TO REDUCE 

4 SPREAD OF INFECTIOUS DISEASES. 

5 (a) IN GENERAL.—In coordination with the Director 

6 of the Centers for Disease Control and Prevention, the 

7 Secretary shall promulgate regulations requiring each air 

8 carrier operating under part 121 of title 14, Code of Fed9 eral Regulations, and operating aircraft with a seating ca10 pacity of 20 or more to implement appropriate measures 

11 on a flight in air transportation for the purpose of reduc12 ing the likelihood of any passenger or crewmember con13 tracting an infectious disease. Such regulations shall be 

14 effective only during the period of a national emergency 

15 declared by the President under the National Emergencies 

16 Act (50 U.S.C. 1601 et seq.) relating to a public health 

17 emergency. 

18 (b) DEADLINES.—In conducting the rulemaking re19 quired under subsection (a), the Secretary shall issue— 

20 (1) a notice of proposed rulemaking not later 

21 than 180 days after the date of enactment of this 

22 Act; and 

23 (2) a final rule not later than 1 year after the 

24 date of enactment of this Act. 


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1 (c) CONSULTATION.—In conducting the rulemaking 

2 proceeding required under subsection (a), the Secretary 

3 may consult with the heads of such other Federal depart4 ments or agencies as the Secretary considers appropriate. 

5 SEC. 4. STUDY ON TRANSMISSION OF INFECTIOUS DIS6 EASES IN AIRPLANE CABINS. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of enactment of this Act, the Administrator shall seek 

9 to enter into an agreement with the National Academies 

10 to conduct a study on the transmission of infectious dis11 eases, including airborne diseases, in the cabins of pas12 senger airplanes. 

13 (b) PARAMETERS OF STUDY.—The study required 

14 under subsection (a) shall consider, at a minimum— 

15 (1) air flow patterns and humidity levels in the 

16 cabins of passenger airplanes and the extent to 

17 which such patterns and humidity levels increase or 

18 decrease the possibility that a passenger may be ex19 posed to an airborne pathogen communicated by an20 other individual on board an airplane; 

21 (2) how uniformly the cabin air supply is com22 pletely exchanged and whether air in certain areas 

23 of the cabin is exchanged more quickly or slowly 

24 than in other areas of the cabin; 


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1 (3) the extent to which various recirculation 

2 systems and the respective filtration systems of such 

3 recirculation systems increase or decrease the likeli4 hood of exposure to a pathogen; 

5 (4) the extent to which the use of 

6 preconditioned air during embarkation and disem7 barkation changes the likelihood of a passenger’s ex8 posure to a pathogen as opposed to the use of air 

9 conditioning packs fed by the auxiliary power unit; 

10 and 

11 (5) other variables that determine the likelihood 

12 of an individual’s exposure to a pathogen on a pas13 senger airplane, including the use or location of per14 sonal air outlets, seating location, load factor, move15 ment of cabin crewmembers and passengers through16 out the cabin during the flight, embarkation, and 

17 disembarkation, testing and replacement frequency 

18 of air filters, commonly touched surfaces, use or lo19 cation of lavatories, and such other variables as the 

20 National Academies consider relevant. 

21 (c) REPORT TO CONGRESS.—Not later than 1 year 

22 after the date of enactment of this Act, the Administrator 

23 shall— 


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1 (1) submit to the congressional committees of 

2 jurisdiction a report on the results of the study re3 quired under this section; and 

4 (2) publish such report on the website of the 

5 Federal Aviation Administration. 

6 SEC. 5. AIR CARRIER PRACTICES AND AIRPLANE DESIGN 

7 IMPROVEMENTS. 

8 (a) IN GENERAL.—Based on the results of the study 

9 required under section 4 and such other information as 

10 the Administrator considers relevant, the Administrator 

11 shall identify and evaluate prospective air carrier practices 

12 or procedures, and prospective features in the design or 

13 configuration of cabin surfaces and air conditioning and 

14 pressurization systems in passenger airplanes, that would 

15 reduce the extent of transmission of pathogens within the 

16 cabin. 

17 (b) REPORT.— 

18 (1) FOLLOW-UP REPORT.—Not later than 270 

19 days after the submission of the report under section 

20 4(c), the Administrator shall publish a report that 

21 lists each practice, procedure, and feature that the 

22 Administrator considered under subsection (a), along 

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1 mission of pathogens, irrespective of the cost of such 

2 implementing such practice, procedure, or feature. 

3 (2) PUBLICATION OF REPORT.—The Adminis4 trator shall— 

5 (A) transmit the report required under this 

6 subsection to the congressional committees of 

7 jurisdiction; and 

8 (B) publish such report on the website of 

9 the Federal Aviation Administration. 

10 (c) RULEMAKING.— 

11 (1) IN GENERAL.—Not later than 60 days after 

12 the issuance of the report required under subsection 

13 (b), the Administrator shall initiate one or more 

14 rulemaking proceedings to— 

15 (A) amend part 25 of title 14, Code of 

16 Federal Regulations, to require that applica17 tions for new type certificates (including 

18 amended type certificates) for new passenger 

19 airplanes must include such features described 

20 in subsection (a) as the Administrator deter21 mines appropriate; and 

22 (B) require air carriers to implement such 

23 air carrier practices and procedures described 

24 in subsection (a) as the Administrator deter25 mines appropriate. 


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1 (2) EXCEPTION.—Notwithstanding paragraph 

2 (1), the Administrator may decline to initiate a rule3 making proceeding under paragraph (1) if the Ad4 ministrator— 

5 (A) determines that the practices, proce6 dures, or features described under paragraph 

7 (1) would not reduce the transmission of patho8 gens on board passenger airplanes by a reason9 able degree; and 

10 (B) not later than 60 days after the sub11 mission of the report required under subsection 

12 (b), submits to the congressional committees of 

13 jurisdiction a thorough justification describing 

14 in detail the Administrator’s rationale for de15 clining to initiate a rulemaking proceeding. 

16 SEC. 6. CENTER OF EXCELLENCE FOR INFECTIOUS DIS17 EASE RESPONSE AND PREVENTION IN AVIA18 TION. 

19 (a) IN GENERAL.—Not later than 180 days after the 

20 date of enactment of this Act, the Administrator shall es21 tablish a Center of Excellence for Infectious Disease Re22 sponse and Prevention in Aviation (in this section referred 

23 to as the ‘‘Center of Excellence’’). 

24 (b) FUNCTIONS.—The Center of Excellence estab25 lished under this section shall— 


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1 (1) study, and provide educational, technical, 

2 and analytical assistance to the Administrator on, 

3 the transmissibility of infectious diseases, including 

4 airborne diseases, during air travel and such dis5 eases’ effects on the United States aviation system 

6 and air commerce; 

7 (2) report to the Administrator on architecture, 

8 design, layout, technologies, industry practices, pro9 cedures, or policies, and other advancements that 

10 can be used by airports, air carriers, aircraft manu11 facturers, and other aviation stakeholders, as the 

12 case may be, to reduce the spread of infectious dis13 eases during air travel; and 

14 (3) make recommendations to the Adminis15 trator on regulations, policies, and guidance the Ad16 ministrator should develop or issue to meet the goals 

17 of this section. 

18 (c) INDUSTRY AND LABOR PARTICIPATION.—The 

19 Center of Excellence may request or receive data, statis20 tics, or other information from aviation industry and labor 

21 stakeholders to help inform and carry out the functions 

22 described in this section. If any such materials requested 

23 or received inform recommendations of the Center of Ex24 cellence under subsection (b)(3), the Center of Excellence 


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1 shall clearly disclose the source of such materials in any 

2 such recommendations. 

3 SEC. 7. DEFINITIONS. 

4 For purposes of this Act, the definitions in section 

5 40102(a) of title 49, United States Code, shall apply to 

6 terms in this Act, except that the following terms have 

7 the following meanings: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Federal 

10 Aviation Administration. 

11 (2) AIRBORNE DISEASE.—The term ‘‘airborne 

12 disease’’ means an infectious disease that is, or is 

13 reasonably believed to be, caused by a pathogen 

14 transmissible by aerosols or respiratory droplets ex15 pelled from the nose or mouth. 

16 (3) CONGRESSIONAL COMMITTEES OF JURISDIC17 TION.—The term ‘‘congressional committees of juris18 diction’’ means the Committee on Transportation 

19 and Infrastructure of the House of Representatives 

20 and the Committee on Commerce, Science, and 

21 Transportation of the Senate. 

22 (4) PASSENGER AIRPLANE.—The term ‘‘pas23 senger airplane’’ means a turbine-powered, trans24 port-category airplane certificated under the provi25 sions of subchapter C of title 14, Code of Federal 


kjohnson on DSK79L0C42PROD with BILLS
26 

•HR 7867 IH

1 Regulations, with a passenger seating capacity of 20 

2 or more. 

3 (5) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Transportation. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS