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 fol-
lowing bill; which was referred to the Committee on Transportation and 
Infrastructure 
A BILL 
To amend title 49, United States Code, to provide for avia-
tion system enhancements during public health emer-
gencies, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Healthy Flights Act 
of 2020’’. 
VerDate Sep 11 2014 
02:48 Aug 22, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H7867.IH
H7867
kjohnson on DSK79L0C42PROD with BILLS
SEC. 2. AVIATION SYSTEM ENHANCEMENTS DURING PUB-
LIC HEALTH EMERGENCIES. 
(a) PUBLIC HEALTH EMERGENCIES.—Part E of sub-
title VII of title 49, United States Code, is amended by 
adding at the end the following: 
‘‘CHAPTER 502—PUBLIC HEALTH 
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 dur-
ing public health emergencies. 
‘‘50206. National plan for aviation system preparedness. 
‘‘50207. Definitions. 
‘‘§ 50201. Authority of the FAA Administrator 
‘‘With respect to the occurrence of a pandemic or epi-
demic of an infectious disease, the Administrator shall 
have authority to impose, by emergency order or other-
wise, such requirements related to the operation of a pas-
senger or cargo aircraft of an air carrier in air transpor-
tation as the Administrator determines are necessary to 
protect the health and safety of air carrier crewmembers 
and passengers and to reduce the spread of such infectious 
disease through the aviation system. 
VerDate Sep 11 2014 
02:48 Aug 22, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7867.IH
H7867
kjohnson on DSK79L0C42PROD with BILLS
‘‘§ 50202. Protective masks among airline passengers 
on board aircraft during public health 
emergencies 
‘‘(a) IN GENERAL.—During the period of any na-
tional emergency declared by the President under the Na-
tional Emergencies Act (50 U.S.C. 1601 et seq.) with re-
spect to an airborne disease, each air carrier operating 
under part 121 of title 14, Code of Federal Regulations, 
shall require each passenger of such air carrier to wear 
a mask or protective face covering while such passenger 
is on board an aircraft of such air carrier. 
‘‘(b) RESPONSIBILITIES.— 
‘‘(1) AIR CARRIER RESPONSIBILITIES.—An air 
carrier operating under part 121 of title 14, Code of 
Federal Regulations, shall— 
‘‘(A) notify the Administrator within 7 
days of each instance in which a passenger vio-
lates the requirement of subsection (a) without 
a valid exception from such requirements under 
subsection (c) or subsection (d)(3) by providing 
the Administrator with such information re-
garding a violation as the Administrator may 
require; 
‘‘(B) designate an appropriate office or de-
partment of the air carrier to receive notifica-
tions from crewmembers under paragraph (2) 
VerDate Sep 11 2014 
02:48 Aug 22, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7867.IH
H7867
kjohnson on DSK79L0C42PROD with BILLS
and to provide information to the Administrator 
in accordance with this subsection; and 
‘‘(C) provide flight and cabin crewmembers 
with specific, easily followed instructions for 
contacting the office or department described in 
subparagraph (B) with a notification under 
paragraph (2). 
‘‘(2) CREWMEMBER
RESPONSIBILITIES.—Not 
later than the termination of passenger disembarka-
tion from an aircraft described in subsection (a), the 
flight or cabin crew of such aircraft shall notify an 
employee of the air carrier office or department des-
ignated under paragraph (1) of a violation of the re-
quirements of subsection (a) and shall provide infor-
mation necessary to identify the passenger who com-
mitted such violation. For purposes of this sub-
section, a notification shall not include removal of a 
mask or face covering pursuant to an exception 
under subsection (c) or subsection (d)(3). 
‘‘(c) EXCEPTIONS.—An air carrier may allow an indi-
vidual to temporarily remove a mask or face covering re-
quired under subsection (a) only— 
‘‘(1) while consuming food or beverage; 
‘‘(2) to address a medical need that justifies 
temporary removal of the mask or face covering; 
VerDate Sep 11 2014 
02:48 Aug 22, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H7867.IH
H7867
kjohnson on DSK79L0C42PROD with BILLS
‘‘(3) to don a supplemental oxygen mask in the 
event of a reduction in the pressure altitude inside 
the cabin of an aircraft; or 
‘‘(4) for another reason identified by the Ad-
ministrator in a regulation issued pursuant to this 
section. 
‘‘(d) RESPONSIBILITIES TO INDIVIDUALS WITH DIS-
ABILITIES.— 
‘‘(1) RELATIONSHIP TO OTHER LAWS.—Noth-
ing in this section shall be construed to abridge any 
right, or excuse the performance of any duty, arising 
under section 41705 of this title or regulations pro-
mulgated pursuant to such section, including the 
duty of an air carrier to assist passengers covered 
under such section. 
‘‘(2) ADDITIONAL DUTIES OF AIR CARRIERS.— 
Each air carrier shall require employees and con-
tractors of such air carrier to provide assistance to 
an individual described in section 41705(a) who re-
quires such assistance— 
‘‘(A) in donning or removing a mask or 
face covering required under subsection (a); 
‘‘(B) in disinfecting or sanitizing an aisle 
chair, an airport push chair, or personal mobil-
ity aid or other device, if such personal mobility 
VerDate Sep 11 2014 
02:48 Aug 22, 2020
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H7867.IH
H7867
kjohnson on DSK79L0C42PROD with BILLS
aid or other device was tendered to the air car-
rier for a flight and delivered to the individual 
after the flight’s arrival; 
‘‘(C) in taking any other reasonable meas-
ures, consistent with any applicable guidelines 
of the Centers for Disease Control and Preven-
tion, necessary for the individual to reduce the 
chance of infection with an airborne disease; 
and 
‘‘(D) in complying with any legal, air car-
rier, or airport requirement intended to reduce 
the spread of an airborne disease. 
‘‘(3) LIMITED EXCEPTION.—With respect to an 
individual covered under section 41705 who is un-
able to wear a mask or face covering and objects to 
such a requirement, an air carrier may deny board-
ing to such individual for a flight in air transpor-
tation only if such air carrier performs the individ-
ualized analysis described under section 382.19(c) of 
title 14, Code of Federal Regulations, and concludes 
that the individual poses a direct threat pursuant to 
such analysis. Each air carrier shall develop policies 
and procedures to ensure that— 
‘‘(A) the outcome of such analysis is reli-
able, including through consultation with a 
VerDate Sep 11 2014 
02:48 Aug 22, 2020
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H7867.IH
H7867
kjohnson on DSK79L0C42PROD with BILLS
medical consulting or advisory service to deter-
mine whether the individual poses a risk to oth-
ers; 
‘‘(B) the individual and the air carrier’s 
employees or contractors are afforded an appro-
priate amount of time for such analysis before 
departure of a flight; and 
‘‘(C) with respect to any individual who is 
permitted to board a flight without a mask or 
protective face covering, other reasonable meas-
ures are available to minimize the individual’s 
risk of infection and the risk of the individual 
spreading the airborne disease. 
‘‘(e) SAVINGS PROVISION.—Nothing in this section 
shall be construed to prioritize any interest over the public 
interest in aviation safety or the health and safety of air 
carrier employees or contractors. 
‘‘§ 50203. Protective masks in airports during public 
health emergencies 
‘‘(a) IN GENERAL.—During the period of any na-
tional emergency declared by the President under the Na-
tional Emergencies Act (50 U.S.C. 1601 et seq.) with re-
spect to an airborne disease, the operator of a covered air-
port shall require that any individual within any indoor 
public space on the airport premises and under the control 
VerDate Sep 11 2014 
02:48 Aug 22, 2020
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H7867.IH
H7867
kjohnson on DSK79L0C42PROD with BILLS