Mask Mandate Prevention and Recovery Act
Bill: H.R.7786 | Sponsor: Rep. Mullin, Markwayne (R-OK)
Policy area: Health

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.

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mask Mandate Prevention 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 following: ``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.''.

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 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'' 
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 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.
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