SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Mask Mandate Preven-
tion and Recovery Act’’. 
SEC. 2. LIMITATION ON HHS AUTHORITY. 
Section 361(a) of the Public Health Service Act (42 
U.S.C. 264(a)) is amended by adding at the end the fol-
lowing: ‘‘The authority vested by this subsection to pre-
vent the introduction, transmission, or spread of commu-
nicable 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.’’. 
SEC. 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 indi-
vidual 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 do-
mestic air travel. 
(b) PRIVATE NO FLY LISTS.—Not later than 30 days 
after the date of the enactment of this Act, an air carrier 
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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’’ means any list of individuals who are 
prohibited from domestic air travel, including any such list 
referred to as a ‘‘no fly list’’, ‘‘selectee list’’, or ‘‘do not 
board list’’. 
SEC. 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 re-
quired 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 in-
clude 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 
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court of the United States against the head of any Federal 
department or agency that issued the fine for compen-
satory damages and punitive damages. 
Æ 
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