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. JOHN-
SON of Texas, Mr. KAHELE, Mr. LOWENTHAL, Ms. NEWMAN, Ms. NOR-
TON, 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 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 2021’’. 
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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 aviation preparedness plan. 
‘‘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. 
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‘‘§ 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 a respiratory 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 requirements of this section by pro-
viding the Administrator with such information 
regarding 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) 
and to provide information to the Administrator 
in accordance with this subsection; and 
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‘‘(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 each instance in 
which a passenger violates the requirements of this 
section and shall provide information necessary to 
identify the passenger who committed such violation. 
‘‘(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; 
‘‘(3) to don a supplemental oxygen mask in the 
event of a reduction in air pressure inside the cabin 
of an aircraft; or 
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‘‘(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 
aid or other device was tendered to the air car-
rier for a flight and delivered to the individual 
after the flight’s arrival; 
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‘‘(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 a respiratory disease; 
and 
‘‘(D) in complying with any legal, air car-
rier, or airport requirement intended to reduce 
the spread of a respiratory 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 
medical consulting or advisory service to deter-
mine whether the individual poses a risk to oth-
ers; 
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‘‘(B) the individual and the air carrier’s 
employees or contractors are afforded an appro-
priate amount of time for such analysis before 
the 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 respiratory 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 a respiratory disease, the operator of a covered 
airport shall require that any individual within any indoor 
public space on the airport premises and under the control 
of such operator is wearing a mask or other protective face 
covering except when such individual— 
‘‘(1) is consuming food or beverage; 
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‘‘(2) is attending to a medical need that justi-
fies temporary removal of the mask or face covering; 
‘‘(3) is directed to remove a mask or face cov-
ering by an air carrier employee, a law enforcement 
officer, or a person performing functions governed 
under chapter 449; or 
‘‘(4) has another reason identified by the Ad-
ministrator in any regulations promulgated under 
this section. 
‘‘(b) 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 any applicable requirements of chapter 126 of 
title 42 or, to the extent applicable, section 41705 
of this title or regulations issued pursuant to such 
chapter or section. 
‘‘(2) ADDITIONAL DUTIES OF AIRPORT OPER-
ATOR.—If an employee or contractor of an airport 
operator is providing assistance to an air carrier 
passenger covered under chapter 126 of title 42 or 
section 41705 of this title, such employee or con-
tractor shall assist such individual— 
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‘‘(A) in donning or removing a mask or 
face covering required under subsection (a); 
‘‘(B) in taking any reasonable measures, 
consistent with any applicable guidelines of the 
Centers for Disease Control and Prevention, 
necessary for the individual to reduce the 
chance of infection with the disease; and 
‘‘(C) in complying with any legal, air car-
rier, or airport requirement intended to reduce 
the spread of the disease. 
‘‘§ 50204. Protective masks and equipment among air 
carrier employees 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 a respiratory disease, each air carrier operating 
under part 121 of title 14, Code of Federal Regulations, 
shall— 
‘‘(1) require each cabin crewmember to wear a 
mask or protective face covering and permit such 
crewmember to wear protective eyewear or a face 
shield while on board an aircraft or in a vehicle of 
the air carrier; 
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