I 

117TH CONGRESS 

1ST SESSION H. R. 2770 

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 

APRIL 22, 2021 

Mr. DEFAZIO (for himself, Mr. LARSEN of Washington, Ms. BROWNLEY, Mr. 

CARBAJAL, Mr. COHEN, Mr. DESAULNIER, Mr. GARAMENDI, Ms. JOHNSON of Texas, Mr. KAHELE, Mr. LOWENTHAL, Ms. NEWMAN, Ms. NORTON, Mr. PAYNE, Mr. SIRES, Ms. STRICKLAND, Ms. TITUS, and Ms. 

WILSON of Florida) 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 2021’’. 


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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 aviation preparedness plan. 

‘‘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 a respiratory 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 requirements of this section by pro19 viding the Administrator with such information 

20 regarding a violation as the Administrator may 

21 require; 

22 ‘‘(B) designate an appropriate office or de23 partment of the air carrier to receive notifica24 tions from crewmembers under paragraph (2) 

25 and to provide information to the Administrator 

26 in accordance with this subsection; and 


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1 ‘‘(C) provide flight and cabin crewmembers 

2 with specific, easily followed instructions for 

3 contacting the office or department described in 

4 subparagraph (B) with a notification under 

5 paragraph (2). 

6 ‘‘(2) CREWMEMBER RESPONSIBILITIES.—Not 

7 later than the termination of passenger disembarka8 tion from an aircraft described in subsection (a), the 

9 flight or cabin crew of such aircraft shall notify an 

10 employee of the air carrier office or department des11 ignated under paragraph (1) of each instance in 

12 which a passenger violates the requirements of this 

13 section and shall provide information necessary to 

14 identify the passenger who committed such violation. 

15 ‘‘(c) EXCEPTIONS.—An air carrier may allow an indi16 vidual to temporarily remove a mask or face covering re17 quired under subsection (a) only— 

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

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

20 temporary removal of the mask or face covering; 

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

22 event of a reduction in air pressure inside the cabin 

23 of an aircraft; or 


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1 ‘‘(4) for another reason identified by the Ad2 ministrator in a regulation issued pursuant to this 

3 section. 

4 ‘‘(d) RESPONSIBILITIES TO INDIVIDUALS WITH DIS5 ABILITIES.— 

6 ‘‘(1) RELATIONSHIP TO OTHER LAWS.—Noth7 ing in this section shall be construed to abridge any 

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

9 under section 41705 of this title or regulations pro10 mulgated pursuant to such section, including the 

11 duty of an air carrier to assist passengers covered 

12 under such section. 

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

14 Each air carrier shall require employees and con15 tractors of such air carrier to provide assistance to 

16 an individual described in section 41705(a) who re17 quires such assistance— 

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

19 face covering required under subsection (a); 

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

21 chair, an airport push chair, or personal mobil22 ity aid or other device, if such personal mobility 

23 aid or other device was tendered to the air car24 rier for a flight and delivered to the individual 

25 after the flight’s arrival; 


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1 ‘‘(C) in taking any other reasonable meas2 ures, consistent with any applicable guidelines 

3 of the Centers for Disease Control and Preven4 tion, necessary for the individual to reduce the 

5 chance of infection with a respiratory disease; 

6 and 

7 ‘‘(D) in complying with any legal, air car8 rier, or airport requirement intended to reduce 

9 the spread of a respiratory disease. 

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

11 individual covered under section 41705 who is un12 able to wear a mask or face covering and objects to 

13 such a requirement, an air carrier may deny board14 ing to such individual for a flight in air transpor15 tation only if such air carrier performs the individ16 ualized analysis described under section 382.19(c) of 

17 title 14, Code of Federal Regulations, and concludes 

18 that the individual poses a direct threat pursuant to 

19 such analysis. Each air carrier shall develop policies 

20 and procedures to ensure that— 

21 ‘‘(A) the outcome of such analysis is reli22 able, including through consultation with a 

23 medical consulting or advisory service to deter24 mine whether the individual poses a risk to oth25 ers; 


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

2 employees or contractors are afforded an appro3 priate amount of time for such analysis before 

4 the departure of a flight; and 

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

6 permitted to board a flight without a mask or 

7 protective face covering, other reasonable meas8 ures are available to minimize the individual’s 

9 risk of infection and the risk of the individual 

10 spreading the respiratory disease. 

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

12 shall be construed to prioritize any interest over the public 

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

14 carrier employees or contractors. 

15 ‘‘§ 50203. Protective masks in airports during public 

16 health emergencies 

17 ‘‘(a) IN GENERAL.—During the period of any na18 tional emergency declared by the President under the Na19 tional Emergencies Act (50 U.S.C. 1601 et seq.) with re20 spect to a respiratory disease, the operator of a covered 

21 airport shall require that any individual within any indoor 

22 public space on the airport premises and under the control 

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

24 covering except when such individual— 

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


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1 ‘‘(2) is attending to a medical need that justi2 fies temporary removal of the mask or face covering; 

3 ‘‘(3) is directed to remove a mask or face cov4 ering by an air carrier employee, a law enforcement 

5 officer, or a person performing functions governed 

6 under chapter 449; or 

7 ‘‘(4) has another reason identified by the Ad8 ministrator in any regulations promulgated under 

9 this section. 

10 ‘‘(b) RESPONSIBILITIES TO INDIVIDUALS WITH DIS11 ABILITIES.— 

12 ‘‘(1) RELATIONSHIP TO OTHER LAWS.—Noth13 ing in this section shall be construed to abridge any 

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

15 under any applicable requirements of chapter 126 of 

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

17 of this title or regulations issued pursuant to such 

18 chapter or section. 

19 ‘‘(2) ADDITIONAL DUTIES OF AIRPORT OPER20 ATOR.—If an employee or contractor of an airport 

21 operator is providing assistance to an air carrier 

22 passenger covered under chapter 126 of title 42 or 

23 section 41705 of this title, such employee or con24 tractor shall assist such individual— 


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

2 face covering required under subsection (a); 

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

4 consistent with any applicable guidelines of the 

5 Centers for Disease Control and Prevention, 

6 necessary for the individual to reduce the 

7 chance of infection with the disease; and 

8 ‘‘(C) in complying with any legal, air car9 rier, or airport requirement intended to reduce 

10 the spread of the disease. 

11 ‘‘§ 50204. Protective masks and equipment among air 

12 carrier employees during public health 

13 emergencies 

14 ‘‘(a) IN GENERAL.—During the period of any na15 tional emergency declared by the President under the Na16 tional Emergencies Act (50 U.S.C. 1601 et seq.) with re17 spect to a respiratory disease, each air carrier operating 

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

19 shall— 

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

21 mask or protective face covering and permit such 

22 crewmember to wear protective eyewear or a face 

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

24 the air carrier; 


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

2 mask or protective face covering and permit such 

3 crewmember to wear protective eyewear or a face 

4 shield while on board an aircraft but outside the 

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

6 air carrier; 

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

8 air carrier to wear a mask or protective face cov9 ering while within any indoor public space of a cov10 ered airport; 

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

12 permit flight crewmembers of the air carrier to wear 

13 a mask or protective face covering while at their sta14 tions in the flight deck of an aircraft of the air car15 rier, including a safety risk assessment with respect 

16 to such proposal; 

17 ‘‘(5) provide flight and cabin crewmembers, air18 port customer service agents, and other employees 

19 whose job responsibilities involve interaction with 

20 passengers with masks or protective face coverings, 

21 gloves, and hand sanitizer and cleaning products, 

22 such as disinfecting wipes, with sufficient active in23 gredient content of the disinfectant to stop the 

24 spread of such respiratory disease, and provide 


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1 training on the proper use of such items and equip2 ment; 

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

4 cabin, operated by such carrier are cleaned, dis5 infected, and sanitized by cleaners who are not flight 

6 or cabin crewmembers after each use in accordance 

7 with Centers for Disease Control and Prevention 

8 guidance; 

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

10 or used by such air carrier, including facilities used 

11 for flight or cabin crewmember training or perform12 ance of indoor maintenance, repair, or overhaul 

13 work, are cleaned, disinfected, and sanitized fre14 quently in accordance with Centers for Disease Con15 trol and Prevention guidance; 

16 ‘‘(8) provide air carrier employees whose job re17 sponsibilities involve cleaning, disinfecting, and sani18 tizing aircraft or enclosed facilities described in 

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

20 face coverings and gloves, and ensure that each con21 tractor of the air carrier provides employees of such 

22 contractor with such materials; and 

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

24 applicable guidelines, for notifying or contacting em25 ployees who may have come into physical contact or 


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1 interaction with an employee who has been diag2 nosed with such respiratory disease. 

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

4 cabin and flight crewmembers to wear a mask or protec5 tive face covering under subsections (a)(1) and (a)(2) shall 

6 not apply while— 

7 ‘‘(1) consuming food or beverage; 

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

9 justifies temporary removal of the mask or face cov10 ering; 

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

12 the event of a reduction in air pressure inside the 

13 cabin; 

14 ‘‘(4) assisting another crewmember or pas15 senger in distress; or 

16 ‘‘(5) performing another legitimate action iden17 tified by the air carrier or Administrator in any reg18 ulation issued pursuant to this section. 

19 ‘‘§ 50205. Protection of certain Federal Aviation Ad20 ministration employees during public 

21 health emergencies 

22 ‘‘(a) IN GENERAL.—During the period of any na23 tional emergency declared by the President under the Na24 tional Emergencies Act (50 U.S.C. 1601 et seq.) with re25 spect to a respiratory disease, in order to maintain the 


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1 safe and efficient operation of the air traffic control sys2 tem, the Administrator shall— 

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

4 safety inspectors, and airway transportation systems 

5 specialists of the Administration with masks or pro6 tective face coverings, gloves, and hand sanitizer and 

7 cleaning products, such as disinfecting wipes, with 

8 sufficient active ingredient content of the disinfect9 ant to stop the spread of such respiratory disease; 

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

11 cleaned, disinfected, and sanitized frequently in ac12 cordance with Centers for Disease Control and Pre13 vention guidance; and 

14 ‘‘(3) provide employees of the Administration 

15 whose job responsibilities involve cleaning, dis16 infecting, and sanitizing facilities described in para17 graph (2) with masks or protective face coverings 

18 and gloves, and ensure that each contractor of the 

19 Administration provides employees of such con20 tractor with such materials. 

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

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

23 subsection through any sources available to the Adminis24 trator. 


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1 ‘‘§ 50206. National aviation preparedness plan 

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

3 date of enactment of this section, the Secretary of Trans4 portation, in coordination with the Secretary of Health 

5 and Human Services, the Secretary of Homeland Security, 

6 and the heads of such other Federal departments or agen7 cies as the Secretary of Transportation considers appro8 priate, shall develop a national aviation preparedness plan 

9 for communicable disease outbreaks. 

10 ‘‘(b) CONTENTS OF PLAN.—The plan developed 

11 under subsection (a) shall, at a minimum— 

12 ‘‘(1) provide airports and air carriers with an 

13 adaptable and scalable framework with which to 

14 align the individual plans, including the emergency 

15 response plans, of such airports and air carriers and 

16 provide guidance as to each individual plan; 

17 ‘‘(2) improve coordination among airports, air 

18 carriers, U.S. Customs and Border Protection, the 

19 Centers for Disease Control and Prevention, other 

20 appropriate Federal entities, and State and local 

21 governments and health agencies with respect to de22 veloping policies that increase the effectiveness of 

23 screening, testing, quarantining, and contact-tracing 

24 with respect to air carrier passengers; 

25 ‘‘(3) to the extent practicable, improve coordi26 nation among relevant international entities; 


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1 ‘‘(4) ensure that frontline at-risk employees are 

2 equipped with appropriate personal protective equip3 ment to reduce the likelihood of exposure to a cov4 ered communicable disease; 

5 ‘‘(5) ensure frontline at-risk employees are suf6 ficiently considered for prioritized access to nec7 essary and available vaccines and therapeutics to re8 duce the effect and likelihood of exposure to and 

9 transmission of a covered communicable disease; 

10 ‘‘(6) ensure aircraft and enclosed facilities 

11 owned, operated, or used by an air carrier or airport 

12 are cleaned, disinfected, and sanitized, and can have 

13 installed and maintained protective infrastructure 

14 where appropriate, in accordance with Centers for 

15 Disease Control and Prevention guidelines for pre16 venting and containing the spread of covered com17 municable diseases; 

18 ‘‘(7) identify and assign Federal agency roles in 

19 the development and deployment of emerging and 

20 existing solutions to reduce covered communicable 

21 diseases in the aviation ecosystem; 

22 ‘‘(8) clearly delineate the responsibilities of the 

23 sponsors and operators of airports, air carriers, and 

24 Federal agencies in responding to a covered commu25 nicable disease; 


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1 ‘‘(9) incorporate the recommendations made by 

2 the Comptroller General of the United States to the 

3 Secretary of Transportation contained in the report 

4 titled ‘Air Travel and Communicable Diseases: Com5 prehensive Federal Plan Needed for U.S. Aviation 

6 System’s Preparedness’, issued in December 2015 

7 (GAO–16–127); and 

8 ‘‘(10) consider the latest peer-reviewed scientific 

9 studies that address communicable disease with re10 spect to air transportation. 

11 ‘‘(c) CONSULTATION.—In developing the plan under 

12 subsection (a), the Secretary of Transportation shall con13 sult with aviation industry and labor stakeholders, includ14 ing representatives of— 

15 ‘‘(1) air carriers operating under part 121 of 

16 title 14, Code of Federal Regulations; 

17 ‘‘(2) airport operators, including operators of 

18 large hub, medium hub, small hub, and nonhub com19 mercial service airports; 

20 ‘‘(3) labor organizations that represent airline 

21 pilots, flight attendants, air carrier airport customer 

22 service representatives, and air carrier maintenance, 

23 repair, and overhaul workers; 

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1 resentative of air traffic controllers of the Federal 

2 Aviation Administration; 

3 ‘‘(5) the labor organization certified under sec4 tion 7111 of title 5 as the exclusive bargaining rep5 resentative of airway transportation systems special6 ists and aviation safety inspectors of the Federal 

7 Aviation Administration; 

8 ‘‘(6) trade associations representing air carriers 

9 and airports; and 

10 ‘‘(7) such other stakeholders as the Secretary 

11 considers appropriate. 

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

13 is developed under subsection (a), the Secretary shall sub14 mit to the Committee on Transportation and Infrastruc15 ture of the House of Representatives and the Committee 

16 on Commerce, Science, and Transportation of the Senate 

17 a report that includes such plan. 

18 ‘‘(e) REVIEW OF PLAN.—Not later than 1 year after 

19 the date on which a report is submitted under subsection 

20 (d), and every 2 years thereafter, the Secretary shall re21 view the plan included in such report and make changes 

22 by rule as the Secretary considers appropriate. 

23 ‘‘(f) GAO STUDY.—Not later than 18 months after 

24 the date of enactment of this section, the Comptroller 

25 General shall conduct and submit to the Committee on 


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1 Transportation and Infrastructure of the House of Rep2 resentatives and the Committee on Commerce, Science, 

3 and Transportation of the Senate a study assessing the 

4 national aviation preparedness plan developed under sub5 section (a), including— 

6 ‘‘(1) whether such plan— 

7 ‘‘(A) is responsive to any previous rec8 ommendations relating to aviation preparedness 

9 with respect to an outbreak of a covered com10 municable disease or global health emergency 

11 made by the Comptroller General; and 

12 ‘‘(B) meets the obligations of the United 

13 States under international conventions and 

14 treaties; and 

15 ‘‘(2) the extent to which the United States avia16 tion system is prepared to respond to an outbreak 

17 of a covered communicable disease. 

18 ‘‘(g) DEFINITIONS.—In this section: 

19 ‘‘(1) FRONTLINE AT-RISK EMPLOYEE.—The 

20 term ‘frontline at-risk employee’ means— 

21 ‘‘(A) an individual whose job duties require 

22 interaction with air carrier passengers on a reg23 ular and continuing basis and who is an em24 ployee of— 

25 ‘‘(i) an air carrier; 


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1 ‘‘(ii) an air carrier contractor; 

2 ‘‘(iii) an airport; or 

3 ‘‘(iv) the Federal Government; or 

4 ‘‘(B) an air traffic controller or systems 

5 safety specialist of the Federal Aviation Admin6 istration. 

7 ‘‘(2) COVERED COMMUNICABLE DISEASE.—The 

8 term ‘covered communicable disease’ means a com9 municable disease that has the potential to cause an 

10 epidemic or pandemic of infectious disease that 

11 would constitute a public health emergency of inter12 national concern as declared by the Secretary of 

13 Health and Human Services under section 319 of 

14 the Public Health Service Act (42 U.S.C. 247d). 

15 ‘‘§ 50207. Definitions 

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

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

18 terms have the following meanings: 

19 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis20 trator’ means the Administrator of the Federal Avia21 tion Administration. 

22 ‘‘(2) RESPIRATORY DISEASE.—The term ‘res23 piratory disease’ means an infectious disease that is, 

24 or is reasonably believed to be, caused by a pathogen 


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1 transmissible by aerosols or respiratory droplets ex2 pelled from the nose or mouth. 

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

4 airport’ means a public-use airport that receives 

5 flights of an air carrier operating under the provi6 sions of part 121 of title 14, Code of Federal Regu7 lations. 

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

9 the Secretary of Transportation.’’. 

10 (b) CLERICAL AMENDMENT.—The analysis for sub11 title VII of title 49, United States Code, is amended by 

12 adding at the end the following: 

‘‘502. PUBLIC HEALTH EMERGENCIES 50201’’. 

13 (c) INTERFERENCE WITH CREWMEMBERS.—Section 

14 46504 of title 49, United States Code, is amended— 

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

16 ‘‘An individual’’; and 

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

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

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

20 an individual interferes with the performance of the duties 

21 of a flight crew member or flight attendant if such indi22 vidual, without justification, disobeys a flight crew mem23 ber’s or flight attendant’s instruction to wear a mask or 

24 protective face covering during the period of any national 

25 emergency declared by the President under the National 


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

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

3 to be, caused by a pathogen transmissible by respiratory 

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

5 (d) CONFORMING AMENDMENT.—Section 46301 of 

6 title 49, United States Code, is amended— 

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

8 50202, section 50203,’’ after ‘‘chapter 451,’’; and 

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

10 50202, section 50203,’’ after ‘‘of this title’’. 

11 SEC. 3. REGULATIONS FOR AIR CARRIERS TO REDUCE 

12 SPREAD OF INFECTIOUS DISEASES. 

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

14 of the Centers for Disease Control and Prevention, the 

15 Secretary shall promulgate regulations requiring each air 

16 carrier operating under part 121 of title 14, Code of Fed17 eral Regulations, and operating aircraft with a seating ca18 pacity of 20 or more to implement appropriate measures 

19 on a flight in air transportation for the purpose of reduc20 ing the likelihood of any passenger or crewmember con21 tracting an infectious disease. Such regulations shall be 

22 effective only during the period of a national emergency 

23 declared by the President under the National Emergencies 

24 Act (50 U.S.C. 1601 et seq.) with respect to an infectious 

25 disease. 


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1 (b) DEADLINES.—In conducting the rulemaking re2 quired under subsection (a), the Secretary shall issue— 

3 (1) a notice of proposed rulemaking not later 

4 than 180 days after the date of enactment of this 

5 Act; and 

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

7 date of enactment of this Act. 

8 (c) CONSULTATION.—In conducting the rulemaking 

9 proceeding required under subsection (a), the Secretary 

10 may consult with the heads of such other Federal depart11 ments or agencies as the Secretary considers appropriate. 

12 SEC. 4. STUDY ON TRANSMISSION OF INFECTIOUS DIS13 EASES IN AIRPLANE CABINS. 

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

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

16 to enter into an agreement with the National Academies 

17 to conduct a study on the transmission of infectious dis18 eases, including respiratory diseases, in the cabins of pas19 senger airplanes. 

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

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

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

23 cabins of passenger airplanes and the extent to 

24 which such patterns and humidity levels increase or 

25 decrease the possibility that a passenger may be exVerDate Sep 11 2014 21:26 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H2770.IH H2770

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1 posed to an airborne pathogen communicated by an2 other individual on board a passenger airplane; 

3 (2) how uniformly the cabin air supply is com4 pletely exchanged and whether air in certain areas 

5 of the cabin is exchanged more quickly or slowly 

6 than in other areas of the cabin; 

7 (3) the extent to which various recirculation 

8 systems and the respective filtration systems of such 

9 recirculation systems increase or decrease the likeli10 hood of exposure to a pathogen; 

11 (4) the extent to which the use of 

12 preconditioned air during embarkation and disem13 barkation changes the likelihood of a passenger’s ex14 posure to a pathogen as opposed to the use of air 

15 conditioning packs fed by the auxiliary power unit; 

16 and 

17 (5) other variables that determine the likelihood 

18 of an individual’s exposure to a pathogen on a pas19 senger airplane, including the use or location of per20 sonal air outlets, seating location, load factor, move21 ment of cabin crewmembers and passengers through22 out the cabin during the flight, embarkation, and 

23 disembarkation, testing and replacement frequency 

24 of air filters, types of face coverings worn, commonly 

25 touched surfaces, use or location of lavatories, and 


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1 such other variables as the National Academies con2 sider relevant. 

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

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

5 shall— 

6 (1) submit to the congressional committees of 

7 jurisdiction a report on the results of the study re8 quired under this section; and 

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

10 Federal Aviation Administration. 

11 SEC. 5. AIR CARRIER PRACTICES AND AIRPLANE DESIGN 

12 IMPROVEMENTS. 

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

14 required under section 4 and such other information as 

15 the Administrator considers relevant, the Administrator 

16 shall identify and evaluate prospective air carrier practices 

17 or procedures, and prospective features in the design or 

18 configuration of cabin surfaces and air conditioning and 

19 pressurization systems in passenger airplanes, that would 

20 reduce the extent of transmission of pathogens within the 

21 cabin. 

22 (b) REPORT.— 

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

24 days after the submission of the report under section 

25 4(c), the Administrator shall publish a report that 


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1 lists each practice, procedure, and feature that the 

2 Administrator considered under subsection (a), along 

3 with an assessment of the extent to which such prac4 tice, procedure, or feature would reduce the trans5 mission of pathogens, irrespective of the cost of such 

6 implementing such practice, procedure, or feature. 

7 (2) PUBLICATION OF REPORT.—The Adminis8 trator shall— 

9 (A) transmit the report required under this 

10 subsection to the congressional committees of 

11 jurisdiction; and 

12 (B) publish such report on the website of 

13 the Federal Aviation Administration. 

14 (c) RULEMAKING.— 

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

16 the issuance of the report required under subsection 

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

18 rulemaking proceedings to— 

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

20 Federal Regulations, to require that applica21 tions for new type certificates (including 

22 amended type certificates) for new passenger 

23 airplanes must include such features described 

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


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1 (B) require air carriers to implement such 

2 air carrier practices and procedures described 

3 in subsection (a) as the Administrator deter4 mines appropriate. 

5 (2) EXCEPTION.—Notwithstanding paragraph 

6 (1), the Administrator may decline to initiate a rule7 making proceeding under paragraph (1) if the Ad8 ministrator— 

9 (A) determines that the practices, proce10 dures, or features described under paragraph 

11 (1) would not reduce the transmission of patho12 gens on board passenger airplanes by a reason13 able degree; and 

14 (B) not later than 60 days after the sub15 mission of the report required under subsection 

16 (b), submits to the congressional committees of 

17 jurisdiction a thorough justification describing 

18 in detail the Administrator’s rationale for de19 clining to initiate a rulemaking proceeding. 

20 SEC. 6. CENTER OF EXCELLENCE FOR INFECTIOUS DIS21 EASE RESPONSE AND PREVENTION IN AVIA22 TION. 

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

24 date of enactment of this Act, the Administrator shall es25 tablish a Center of Excellence for Infectious Disease ReVerDate Sep 11 2014 21:26 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H2770.IH H2770

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1 sponse and Prevention in Aviation (in this section referred 

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

3 (b) FUNCTIONS.—The Center of Excellence estab4 lished under this section shall— 

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

6 and analytical assistance to the Administrator on, 

7 the transmissibility of infectious diseases, including 

8 respiratory diseases, during air travel and such dis9 eases’ effects on the United States aviation system 

10 and air commerce; 

11 (2) report to the Administrator on architecture, 

12 design, layout, technologies, industry practices, pro13 cedures, or policies, and other advancements that 

14 can be used by airports, air carriers, aircraft manu15 facturers, and other aviation stakeholders, as the 

16 case may be, to reduce the spread of infectious dis17 eases during air travel; and 

18 (3) make recommendations to the Adminis19 trator on regulations, policies, and guidance the Ad20 ministrator should develop or issue to meet the goals 

21 of this section. 

22 (c) INDUSTRY AND LABOR PARTICIPATION.—The 

23 Center of Excellence may request or receive data, statis24 tics, or other information from aviation industry and labor 

25 stakeholders to help inform and carry out the functions 


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1 described in this section. The Center of Excellence shall 

2 clearly disclose the source of any materials requested or 

3 received that inform the recommendations under sub4 section (b)(3). 

5 SEC. 7. CABIN INSTRUCTION FOR PUBLIC HEALTH EMER6 GENCY ANNOUNCEMENTS. 

7 (a) IN GENERAL.—Not later than 14 days after the 

8 date of enactment of this Act, the Administrator shall ini9 tiate a rulemaking proceeding to amend the requirements 

10 for the briefing of passengers before takeoff under section 

11 121.571 of title 14, Code of Federal Regulations, to in12 clude the announcements described in subsection (b). 

13 (b) PUBLIC HEALTH EMERGENCY ANNOUNCE14 MENTS.—During the period of any national emergency de15 clared by the President under the National Emergencies 

16 Act (50 U.S.C. 1601 et seq.) with respect to a respiratory 

17 disease, each air carrier operating a passenger airplane 

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

19 shall ensure that all passengers are orally briefed before 

20 each takeoff by the appropriate crewmember on each of 

21 the following: 

22 (1) An announcement of any temporary in23 flight passenger requirements issued pursuant to 

24 section 50201 of title 49, United States Code, and 

25 proper compliance with such requirements. 


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1 (2) An announcement demonstrating the re2 quirements of, and proper compliance with, section 

3 50202 of title 49, United States Code, including how 

4 and under what conditions face masks or protective 

5 face coverings must be worn and a statement that 

6 the regulations of the Federal Aviation Administra7 tion require passenger compliance with crewmember 

8 instructions concerning the use of protective masks. 

9 (3) An announcement of any fines that may be 

10 assessed for violating any of the in-flight passenger 

11 requirements issued pursuant to sections 50201 and 

12 50202 of title 49, United States Code. 

13 SEC. 8. DEFINITIONS. 

14 For purposes of this Act, the definitions in section 

15 40102(a) of title 49, United States Code, shall apply to 

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

17 the following meanings: 

18 (1) ADMINISTRATOR.—The term ‘‘Adminis19 trator’’ means the Administrator of the Federal 

20 Aviation Administration. 

21 (2) RESPIRATORY DISEASE.—The term ‘‘res22 piratory disease’’ means an infectious disease that 

23 is, or is reasonably believed to be, caused by a 

24 pathogen transmissible by aerosols or respiratory 

25 droplets expelled from the nose or mouth. 


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1 (3) CONGRESSIONAL COMMITTEES OF JURISDIC2 TION.—The term ‘‘congressional committees of juris3 diction’’ means the Committee on Transportation 

4 and Infrastructure of the House of Representatives 

5 and the Committee on Commerce, Science, and 

6 Transportation of the Senate. 

7 (4) PASSENGER AIRPLANE.—The term ‘‘pas8 senger airplane’’ means a turbine-powered, trans9 port-category airplane certificated under the provi10 sions of subchapter C of title 14, Code of Federal 

11 Regulations, with a passenger seating capacity of 20 

12 or more. 

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

14 the Secretary of Transportation. 

Æ 


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