Mask Mandate Prevention and Recovery Act

To amend the Public Health Service Act to limit certain authority of the Department of Health and Human Services to require individuals to wear a mask, a face covering, or any other accessory during domestic air travel, to require the refund of civil fines imposed for refusal to wear such an accessory, and for other purposes. 1. Short title This Act may be cited as the Mask Mandate Prevention and Recovery Act 2. Limitation on HHS Authority Section 361(a) of the Public Health Service Act ( 42 U.S.C. 264(a) The authority vested by this subsection to prevent the introduction, transmission, or spread of communicable diseases from one State or possession into any other State or possession does not include the authority to require any individual to wear a mask, a face covering, or any other accessory during domestic air travel. 3. No fly lists (a) Federal no fly lists Not later than 30 days after the date of the enactment of this Act, the head of any Federal department or agency that maintains a no fly list, including the Secretary of Transportation and the Secretary of Homeland Security, shall remove from the no fly list of the respective department or agency any individual who is included on such no fly list for the sole premise of refusing to wear a mask, a face covering, or any other accessory required by any Federal department or agency related to the COVID–19 pandemic during domestic air travel. (b) Private no fly lists Not later than 30 days after the date of the enactment of this Act, an air carrier shall remove from any no fly list maintained by such air carrier any individual who is included on such no fly list for the sole premise of refusing to wear a mask, a face covering, or any other accessory related to the COVID–19 pandemic during domestic air travel. (c) No fly list defined In this section, the term no fly list no fly list selectee list do not board list 4. Refund of fines (a) Requirement Not later than 30 days after the date of the enactment of this Act, the head of each Federal department or agency that issued a fine to an individual based on the sole premise of the individual’s refusal to wear a mask, a face covering, or any other accessory required by any Federal department or agency related to the COVID–19 pandemic during domestic air travel shall issue a refund to such individual. The refund under this subsection shall be in the full amount paid, and shall include the individual’s attorney’s fees, as applicable. (b) Right of action Beginning on the date that is 31 days after the date of the enactment of this Act, an individual who has not been issued a refund as required by subsection (a) may bring a civil action in a district court of the United States against the head of any Federal department or agency that issued the fine for compensatory damages and punitive damages.

Summary: Mindless Mask Mandate Prevention and Recovery Act This bill prohibits the Department of Health and Human Services from mandating the wearing of masks, face coverings, or other accessories during domestic air travel. It also retroactively mitigates penalties associated with refusing to comply with such a mandate during the COVID-19 pandemic. Within 30 days of the bill's enactment, federal agencies and private air carriers must remove from their no-fly lists any individual placed on a list solely because of a refusal to comply with a mask mandate. Federal agencies must also refund within 30 days any fines issued to individuals solely based on such a refusal. An individual who does not receive a refund in that time frame may sue for compensatory and punitive damages.