Chairmen DeFazio and Larsen Introduce Bill Requiring Passengers and Employees to Wear Masks in Airports and on Airplanes
House Transportation and Infrastructure Committee Chairman Peter DeFazio (D-OR) and Aviation Subcommittee Chairman Rick Larsen (D-WA) late yesterday introduced the Healthy Flights Act of 2020 - a bill that would require passengers, airport employees and airline employees to wear masks or face coverings in airports and on board aircraft during a pandemic.
If enacted into law, the bill would provide a level of consistency for face coverings, which AAAE, ACI-NA and other aviation stakeholders have been recommending. In a committee press release, Chairman DeFazio said, "The Healthy Flights Act provides clear, consistent rules and guidelines that give flight and cabin crews the authority they need to keep passengers safe, mitigate the spread of this insidious disease, and help our country prepare for future pandemics."
Chairman Larsen added, "this bill includes commonsense measures to limit the spread of COVID-19 in air travel, ensure the safety of passengers and frontline aviation workers, and better prepare the U.S. aviation industry for public health crises." Eighteen other Democratic lawmakers cosponsored the legislation.
Summary
FAA Authority: The bill would provide the FAA Administrator with the authority to "impose, by emergency order or otherwise, health and safety requirements related to the operation of a passenger or cargo aircraft...to protect the health and safety of air carrier crewmembers and passengers and to reduce the spread of infectious disease through the aviation system."
Protective Masks in Airports: During a national emergency related to an airborne disease, individuals within any indoor public space on the airport premises are required to wear a mask or other protective face covering. We have raised questions and concerns about enforcement and will continue to work with committee leaders on this point.
The proposed requirement includes exceptions for those consuming food or beverages or attending to certain medical needs. It also excludes those who are directed to remove a mask or face covering by an air carrier employee, a law enforcement officer, or other designated personnel.
Protective Masks Among Airline Passengers on Board Aircraft: During a national emergency, airline passengers and employees would be required to wear a mask or protective face covering while they are on board an aircraft. The airlines would be required to notify DOT when a passenger violates the proposed requirement.
Carriers may allow passengers to remove a face mask while consuming food or beverages or attending to certain medical needs. It also includes an exception for those who don a supplemental oxygen mask or assist another passenger in distress.
Civil Penalties: The bill authorizes civil penalties for those who fail to wear masks on board aircraft or in airports during a health emergency. According to a committee summary, the bill "creates a civil penalty for airline passengers who disobey a pilot or flight attendant's instruction to wear a mask or protective face covering on an airplanes...and for individuals who violate the requirement to wear a mask or protective face covering while in an airport."
Protective Masks and Equipment Among Air Carrier Employees: During a national emergency related to an airborne disease, each crewmember would be required to wear a mask or protective face covering on board aircraft or in a vehicle of the carrier. It would also permit those employees to wear protective eyewear or a face shield.
Protection of FAA Employees: The FAA would be required to "provide air traffic controllers, aviation safety inspectors, and airway transportation systems specialists of the Administration with masks or protective face coverings, gloves, and hand sanitizer and wipes with sufficient alcohol content." The agency would also be required to "ensure air traffic control facilities are cleaned, disinfected, and sanitized frequently" in accordance with CDC guidelines.
National Plan For Aviation System Preparedness: The bill requires DOT, in conjunction with HHS, DHS and CDC to develop "a national aviation preparedness plan to ensure the aviation system is prepared to respond to epidemics and pandemics of infectious diseases." The measure would also require DOT to consult with large-, medium-, and small-hub airports and other stakeholders when the agency develops the plan.
Study on Transmission of Infectious Diseases in Airplane Cabins: The bill calls on the National Academies to conduct a study "on the transmission of infectious diseases, including airborne diseases, in the cabins of passenger airplanes." It also calls on the FAA to "use this study to identify and evaluate prospective new airline practices and aircraft designs that would reduce the extent of transmission of pathogens within the airplane cabin."
Requirements for Air Carriers to Reduce Spread of Infectious Disease: The bill requires DOT to coordinate with CDC to develop requirements for carriers operating aircraft with a seating capacity of 20 or more to implement appropriate measures for the purpose of reducing the likelihood of any passenger or crewmember contracting an infectious disease.
Related Information
