Healthy Flights Act of 2021
This bill provides authority for the Federal Aviation Administration (FAA) to impose requirements on passenger and cargo air travel to protect the health and safety of air carrier crewmembers and passengers and to reduce the spread of infectious diseases through the aviation system during public health emergencies.
For example, the bill (1) sets forth requirements relating to the use of masks and other protective equipment for airline passengers and certain airline employees; (2) requires the FAA to provide certain employees, including any air traffic controller and airway transportation systems specialists, with masks and other protective equipment; and (3) mandates the development of a national aviation preparedness plan to ensure the aviation system is prepared to respond to epidemics and pandemics of infectious diseases.
Additionally, the bill directs each air carrier operating an aircraft with a seating capacity of 20 or more to implement appropriate measures on a flight to reduce the likelihood of any passenger or crewmember contracting an infectious disease.
The FAA must enter into an agreement with the National Academies to conduct a study on the transmission of infectious diseases, such as respiratory diseases, in the cabins of passenger airplanes.
Further, the bill (1) establishes a Center of Excellence for Infectious Disease Response and Prevention in Aviation within the FAA; and (2) directs the FAA to revise airline passenger briefing requirements, including briefings during a national emergency pertaining to a respiratory disease.
To amend title 49, United States Code, to provide for aviation system 
 enhancements during public health emergencies, 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 ``Healthy Flights Act of 2021''.

SEC. 2. AVIATION SYSTEM ENHANCEMENTS DURING PUBLIC HEALTH EMERGENCIES.

    (a) Public Health Emergencies.--Part E of subtitle 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 during public health emergencies.
``50206. National aviation preparedness plan.
``50207. Definitions.
``Sec. 50201. Authority of the FAA Administrator
    ``With respect to the occurrence of a pandemic or epidemic of an 
infectious disease, the Administrator shall have authority to impose, 
by emergency order or otherwise, such requirements related to the 
operation of a passenger or cargo aircraft of an air carrier in air 
transportation 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.
``Sec. 50202. Protective masks among airline passengers on board 
              aircraft during public health emergencies
    ``(a) In General.--During the period of any national emergency 
declared by the President under the National Emergencies Act (50 U.S.C. 
1601 et seq.) with respect 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 violates the 
                requirements of this section by providing the 
                Administrator with such information regarding a 
                violation as the Administrator may require;
                    ``(B) designate an appropriate office or department 
                of the air carrier to receive notifications from 
                crewmembers under paragraph (2) 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 disembarkation 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 designated 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 individual to 
temporarily remove a mask or face covering required 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
            ``(4) for another reason identified by the Administrator in 
        a regulation issued pursuant to this section.
    ``(d) Responsibilities to Individuals With Disabilities.--
            ``(1) Relationship to other laws.--Nothing 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 promulgated 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 contractors of such air carrier to 
        provide assistance to an individual described in section 
        41705(a) who requires 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 mobility aid or 
                other device, if such personal mobility aid or other 
                device was tendered to the air carrier for a flight and 
                delivered to the individual after the flight's arrival;
                    ``(C) in taking any other 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 a respiratory disease; and
                    ``(D) in complying with any legal, air carrier, 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 unable to wear a mask or 
        face covering and objects to such a requirement, an air carrier 
        may deny boarding to such individual for a flight in air 
        transportation only if such air carrier performs the 
        individualized 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 reliable, 
                including through consultation with a medical 
                consulting or advisory service to determine whether the 
                individual poses a risk to others;
                    ``(B) the individual and the air carrier's 
                employees or contractors are afforded an appropriate 
                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 measures 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.
``Sec. 50203. Protective masks in airports during public health 
              emergencies
    ``(a) In General.--During the period of any national emergency 
declared by the President under the National Emergencies Act (50 U.S.C. 
1601 et seq.) with respect 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;
            ``(2) is attending to a medical need that justifies 
        temporary removal of the mask or face covering;
            ``(3) is directed to remove a mask or face covering 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 Administrator in 
        any regulations promulgated under this section.
    ``(b) Responsibilities to Individuals With Disabilities.--
            ``(1) Relationship to other laws.--Nothing 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 operator.--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 contractor shall assist such individual--
                    ``(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 carrier, or 
                airport requirement intended to reduce the spread of 
                the disease.
``Sec. 50204. Protective masks and equipment among air carrier 
              employees during public health emergencies
    ``(a) In General.--During the period of any national emergency 
declared by the President under the National Emergencies Act (50 U.S.C. 
1601 et seq.) with respect 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;
            ``(2) require each flight 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 
        but outside the flight deck of the air carrier or in a vehicle 
        of the air carrier;
            ``(3) require each employee or contractor of the air 
        carrier to wear a mask or protective face covering while within 
        any indoor public space of a covered airport;
            ``(4) submit to the Administrator a proposal to permit 
        flight crewmembers of the air carrier to wear a mask or 
        protective face covering while at their stations in the flight 
        deck of an aircraft of the air carrier, including a safety risk 
        assessment with respect to such proposal;
            ``(5) provide flight and cabin crewmembers, airport 
        customer service agents, and other employees whose job 
        responsibilities involve interaction with passengers with masks 
        or protective face coverings, gloves, and hand sanitizer and 
        cleaning products, such as disinfecting wipes, with sufficient 
        active ingredient content of the disinfectant to stop the 
        spread of such respiratory disease, and provide training on the 
        proper use of such items and equipment;
            ``(6) ensure aircraft, including the cockpit and cabin, 
        operated by such carrier are cleaned, disinfected, and 
        sanitized by cleaners who are not flight or cabin crewmembers 
        after each use in accordance with Centers for Disease Control 
        and Prevention guidance;
            ``(7) ensure enclosed facilities owned, operated, or used 
        by such air carrier, including facilities used for flight or 
        cabin crewmember training or performance of indoor maintenance, 
        repair, or overhaul work, are cleaned, disinfected, and 
        sanitized frequently in accordance with Centers for Disease 
        Control and Prevention guidance;
            ``(8) provide air carrier employees whose job 
        responsibilities involve cleaning, disinfecting, and sanitizing 
        aircraft or enclosed facilities described in paragraphs (6) and 
        (7) with masks or protective face coverings and gloves, and 
        ensure that each contractor of the air carrier provides 
        employees of such contractor with such materials; and
            ``(9) establish guidelines, or adhere to existing 
        applicable guidelines, for notifying or contacting employees 
        who may have come into physical contact or interaction with an 
        employee who has been diagnosed with such respiratory disease.
    ``(b) Limited Exceptions.--The requirement for cabin and flight 
crewmembers to wear a mask or protective face covering under 
subsections (a)(1) and (a)(2) shall not apply while--
            ``(1) consuming food or beverage;
            ``(2) addressing a legitimate medical need that justifies 
        temporary removal of the mask or face covering;
            ``(3) donning a supplemental oxygen mask in the event of a 
        reduction in air pressure inside the cabin;
            ``(4) assisting another crewmember or passenger in 
        distress; or
            ``(5) performing another legitimate action identified by 
        the air carrier or Administrator in any regulation issued 
        pursuant to this section.
``Sec. 50205. Protection of certain Federal Aviation Administration 
              employees during public health emergencies
    ``(a) In General.--During the period of any national emergency 
declared by the President under the National Emergencies Act (50 U.S.C. 
1601 et seq.) with respect to a respiratory disease, in order to 
maintain the safe and efficient operation of the air traffic control 
system, the Administrator shall--
            ``(1) 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 cleaning products, such as 
        disinfecting wipes, with sufficient active ingredient content 
        of the disinfectant to stop the spread of such respiratory 
        disease;
            ``(2) ensure air traffic control facilities are cleaned, 
        disinfected, and sanitized frequently in accordance with 
        Centers for Disease Control and Prevention guidance; and
            ``(3) provide employees of the Administration whose job 
        responsibilities involve cleaning, disinfecting, and sanitizing 
        facilities described in paragraph (2) with masks or protective 
        face coverings and gloves, and ensure that each contractor of 
        the Administration provides employees of such contractor with 
        such materials.
    ``(b) Source of Equipment.--The items described in subsection (a) 
may be procured or provided under such subsection through any sources 
available to the Administrator.
``Sec. 50206. National aviation preparedness plan
    ``(a) In General.--Not later than 1 year after the date of 
enactment of this section, the Secretary of Transportation, in 
coordination with the Secretary of Health and Human Services, the 
Secretary of Homeland Security, and the heads of such other Federal 
departments or agencies as the Secretary of Transportation considers 
appropriate, shall develop a national aviation preparedness plan for 
communicable disease outbreaks.
    ``(b) Contents of Plan.--The plan developed under subsection (a) 
shall, at a minimum--
            ``(1) provide airports and air carriers with an adaptable 
        and scalable framework with which to align the individual 
        plans, including the emergency response plans, of such airports 
        and air carriers and provide guidance as to each individual 
        plan;
            ``(2) improve coordination among airports, air carriers, 
        U.S. Customs and Border Protection, the Centers for Disease 
        Control and Prevention, other appropriate Federal entities, and 
        State and local governments and health agencies with respect to 
        developing policies that increase the effectiveness of 
        screening, testing, quarantining, and contact-tracing with 
        respect to air carrier passengers;
            ``(3) to the extent practicable, improve coordination among 
        relevant international entities;
            ``(4) ensure that frontline at-risk employees are equipped 
        with appropriate personal protective equipment to reduce the 
        likelihood of exposure to a covered communicable disease;
            ``(5) ensure frontline at-risk employees are sufficiently 
        considered for prioritized access to necessary and available 
        vaccines and therapeutics to reduce the effect and likelihood 
        of exposure to and transmission of a covered communicable 
        disease;
            ``(6) ensure aircraft and enclosed facilities owned, 
        operated, or used by an air carrier or airport are cleaned, 
        disinfected, and sanitized, and can have installed and 
        maintained protective infrastructure where appropriate, in 
        accordance with Centers for Disease Control and Prevention 
        guidelines for preventing and containing the spread of covered 
        communicable diseases;
            ``(7) identify and assign Federal agency roles in the 
        development and deployment of emerging and existing solutions 
        to reduce covered communicable diseases in the aviation 
        ecosystem;
            ``(8) clearly delineate the responsibilities of the 
        sponsors and operators of airports, air carriers, and Federal 
        agencies in responding to a covered communicable disease;
            ``(9) incorporate the recommendations made by the 
        Comptroller General of the United States to the Secretary of 
        Transportation contained in the report titled `Air Travel and 
        Communicable Diseases: Comprehensive Federal Plan Needed for 
        U.S. Aviation System's Preparedness', issued in December 2015 
        (GAO-16-127); and
            ``(10) consider the latest peer-reviewed scientific studies 
        that address communicable disease with respect to air 
        transportation.
    ``(c) Consultation.--In developing the plan under subsection (a), 
the Secretary of Transportation shall consult with aviation industry 
and labor stakeholders, including representatives of--
            ``(1) air carriers operating under part 121 of title 14, 
        Code of Federal Regulations;
            ``(2) airport operators, including operators of large hub, 
        medium hub, small hub, and nonhub commercial service airports;
            ``(3) labor organizations that represent airline pilots, 
        flight attendants, air carrier airport customer service 
        representatives, and air carrier maintenance, repair, and 
        overhaul workers;
            ``(4) the labor organization certified under section 7111 
        of title 5 as the exclusive bargaining representative of air 
        traffic controllers of the Federal Aviation Administration;
            ``(5) the labor organization certified under section 7111 
        of title 5 as the exclusive bargaining representative of airway 
        transportation systems specialists and aviation safety 
        inspectors of the Federal Aviation Administration;
            ``(6) trade associations representing air carriers and 
        airports; and
            ``(7) such other stakeholders as the Secretary considers 
        appropriate.
    ``(d) Report.--Not later than 30 days after the plan is developed 
under subsection (a), the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report that includes such plan.
    ``(e) Review of Plan.--Not later than 1 year after the date on 
which a report is submitted under subsection (d), and every 2 years 
thereafter, the Secretary shall review the plan included in such report 
and make changes by rule as the Secretary considers appropriate.
    ``(f) GAO Study.--Not later than 18 months after the date of 
enactment of this section, the Comptroller General shall conduct and 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a study assessing the national aviation 
preparedness plan developed under subsection (a), including--
            ``(1) whether such plan--
                    ``(A) is responsive to any previous recommendations 
                relating to aviation preparedness with respect to an 
                outbreak of a covered communicable disease or global 
                health emergency made by the Comptroller General; and
                    ``(B) meets the obligations of the United States 
                under international conventions and treaties; and
            ``(2) the extent to which the United States aviation system 
        is prepared to respond to an outbreak of a covered communicable 
        disease.
    ``(g) Definitions.--In this section:
            ``(1) Frontline at-risk employee.--The term `frontline at-
        risk employee' means--
                    ``(A) an individual whose job duties require 
                interaction with air carrier passengers on a regular 
                and continuing basis and who is an employee of--
                            ``(i) an air carrier;
                            ``(ii) an air carrier contractor;
                            ``(iii) an airport; or
                            ``(iv) the Federal Government; or
                    ``(B) an air traffic controller or systems safety 
                specialist of the Federal Aviation Administration.
            ``(2) Covered communicable disease.--The term `covered 
        communicable disease' means a communicable disease that has the 
        potential to cause an epidemic or pandemic of infectious 
        disease that would constitute a public health emergency of 
        international concern as declared by the Secretary of Health 
        and Human Services under section 319 of the Public Health 
        Service Act (42 U.S.C. 247d).
``Sec. 50207. Definitions
    ``The definitions in section 40102(a) of this title shall apply to 
terms in this chapter, except that the following terms have the 
following meanings:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Aviation Administration.
            ``(2) Respiratory disease.--The term `respiratory disease' 
        means an infectious disease that is, or is reasonably believed 
        to be, caused by a pathogen transmissible by aerosols or 
        respiratory droplets expelled from the nose or mouth.
            ``(3) Covered airport.--The term `covered airport' means a 
        public-use airport that receives flights of an air carrier 
        operating under the provisions of part 121 of title 14, Code of 
        Federal Regulations.
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.''.
    (b) Clerical Amendment.--The analysis for subtitle VII of title 49, 
United States Code, is amended by adding at the end the following:

               ``502. Public Health Emergencies 50201''.

    (c) Interference With Crewmembers.--Section 46504 of title 49, 
United States Code, is amended--
            (1) by inserting ``(a) In General.--'' before ``An 
        individual''; and
            (2) by adding at the end the following:
    ``(b) Failure To Wear Masks During Public Health Emergency.--For 
purposes of subsection (a), an individual interferes with the 
performance of the duties of a flight crew member or flight attendant 
if such individual, without justification, disobeys a flight crew 
member's or flight attendant's instruction to wear a mask or protective 
face covering during the period of any national emergency declared by 
the President under the National Emergencies Act (50 U.S.C. 1601 et 
seq.) with respect to an infectious disease that is, or is reasonably 
believed to be, caused by a pathogen transmissible by respiratory 
droplets expelled from the nose or mouth.''.
    (d) Conforming Amendment.--Section 46301 of title 49, United States 
Code, is amended--
            (1) in subsection (a)(5) by inserting ``section 50202, 
        section 50203,'' after ``chapter 451,''; and
            (2) in subsection (d)(2) by inserting ``, section 50202, 
        section 50203,'' after ``of this title''.

SEC. 3. REGULATIONS FOR AIR CARRIERS TO REDUCE SPREAD OF INFECTIOUS 
              DISEASES.

    (a) In General.--In coordination with the Director of the Centers 
for Disease Control and Prevention, the Secretary shall promulgate 
regulations requiring each air carrier operating under part 121 of 
title 14, Code of Federal Regulations, and operating aircraft with a 
seating capacity of 20 or more to implement appropriate measures on a 
flight in air transportation for the purpose of reducing the likelihood 
of any passenger or crewmember contracting an infectious disease. Such 
regulations shall be effective only during the period of a national 
emergency declared by the President under the National Emergencies Act 
(50 U.S.C. 1601 et seq.) with respect to an infectious disease.
    (b) Deadlines.--In conducting the rulemaking required under 
subsection (a), the Secretary shall issue--
            (1) a notice of proposed rulemaking not later than 180 days 
        after the date of enactment of this Act; and
            (2) a final rule not later than 1 year after the date of 
        enactment of this Act.
    (c) Consultation.--In conducting the rulemaking proceeding required 
under subsection (a), the Secretary may consult with the heads of such 
other Federal departments or agencies as the Secretary considers 
appropriate.

SEC. 4. STUDY ON TRANSMISSION OF INFECTIOUS DISEASES IN AIRPLANE 
              CABINS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall seek to enter into an 
agreement with the National Academies to conduct a study on the 
transmission of infectious diseases, including respiratory diseases, in 
the cabins of passenger airplanes.
    (b) Parameters of Study.--The study required under subsection (a) 
shall consider, at a minimum--
            (1) air flow patterns and humidity levels in the cabins of 
        passenger airplanes and the extent to which such patterns and 
        humidity levels increase or decrease the possibility that a 
        passenger may be exposed to an airborne pathogen communicated 
        by another individual on board a passenger airplane;
            (2) how uniformly the cabin air supply is completely 
        exchanged and whether air in certain areas of the cabin is 
        exchanged more quickly or slowly than in other areas of the 
        cabin;
            (3) the extent to which various recirculation systems and 
        the respective filtration systems of such recirculation systems 
        increase or decrease the likelihood of exposure to a pathogen;
            (4) the extent to which the use of preconditioned air 
        during embarkation and disembarkation changes the likelihood of 
        a passenger's exposure to a pathogen as opposed to the use of 
        air conditioning packs fed by the auxiliary power unit; and
            (5) other variables that determine the likelihood of an 
        individual's exposure to a pathogen on a passenger airplane, 
        including the use or location of personal air outlets, seating 
        location, load factor, movement of cabin crewmembers and 
        passengers throughout the cabin during the flight, embarkation, 
        and disembarkation, testing and replacement frequency of air 
        filters, types of face coverings worn, commonly touched 
        surfaces, use or location of lavatories, and such other 
        variables as the National Academies consider relevant.
    (c) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall--
            (1) submit to the congressional committees of jurisdiction 
        a report on the results of the study required under this 
        section; and
            (2) publish such report on the website of the Federal 
        Aviation Administration.

SEC. 5. AIR CARRIER PRACTICES AND AIRPLANE DESIGN IMPROVEMENTS.

    (a) In General.--Based on the results of the study required under 
section 4 and such other information as the Administrator considers 
relevant, the Administrator shall identify and evaluate prospective air 
carrier practices or procedures, and prospective features in the design 
or configuration of cabin surfaces and air conditioning and 
pressurization systems in passenger airplanes, that would reduce the 
extent of transmission of pathogens within the cabin.
    (b) Report.--
            (1) Follow-up report.--Not later than 270 days after the 
        submission of the report under section 4(c), the Administrator 
        shall publish a report that lists each practice, procedure, and 
        feature that the Administrator considered under subsection (a), 
        along with an assessment of the extent to which such practice, 
        procedure, or feature would reduce the transmission of 
        pathogens, irrespective of the cost of such implementing such 
        practice, procedure, or feature.
            (2) Publication of report.--The Administrator shall--
                    (A) transmit the report required under this 
                subsection to the congressional committees of 
                jurisdiction; and
                    (B) publish such report on the website of the 
                Federal Aviation Administration.
    (c) Rulemaking.--
            (1) In general.--Not later than 60 days after the issuance 
        of the report required under subsection (b), the Administrator 
        shall initiate one or more rulemaking proceedings to--
                    (A) amend part 25 of title 14, Code of Federal 
                Regulations, to require that applications for new type 
                certificates (including amended type certificates) for 
                new passenger airplanes must include such features 
                described in subsection (a) as the Administrator 
                determines appropriate; and
                    (B) require air carriers to implement such air 
                carrier practices and procedures described in 
                subsection (a) as the Administrator determines 
                appropriate.
            (2) Exception.--Notwithstanding paragraph (1), the 
        Administrator may decline to initiate a rulemaking proceeding 
        under paragraph (1) if the Administrator--
                    (A) determines that the practices, procedures, or 
                features described under paragraph (1) would not reduce 
                the transmission of pathogens on board passenger 
                airplanes by a reasonable degree; and
                    (B) not later than 60 days after the submission of 
                the report required under subsection (b), submits to 
                the congressional committees of jurisdiction a thorough 
                justification describing in detail the Administrator's 
                rationale for declining to initiate a rulemaking 
                proceeding.

SEC. 6. CENTER OF EXCELLENCE FOR INFECTIOUS DISEASE RESPONSE AND 
              PREVENTION IN AVIATION.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall establish a Center of 
Excellence for Infectious Disease Response and Prevention in Aviation 
(in this section referred to as the ``Center of Excellence'').
    (b) Functions.--The Center of Excellence established under this 
section shall--
            (1) study, and provide educational, technical, and 
        analytical assistance to the Administrator on, the 
        transmissibility of infectious diseases, including respiratory 
        diseases, during air travel and such diseases' effects on the 
        United States aviation system and air commerce;
            (2) report to the Administrator on architecture, design, 
        layout, technologies, industry practices, procedures, or 
        policies, and other advancements that can be used by airports, 
        air carriers, aircraft manufacturers, and other aviation 
        stakeholders, as the case may be, to reduce the spread of 
        infectious diseases during air travel; and
            (3) make recommendations to the Administrator on 
        regulations, policies, and guidance the Administrator should 
        develop or issue to meet the goals of this section.
    (c) Industry and Labor Participation.--The Center of Excellence may 
request or receive data, statistics, or other information from aviation 
industry and labor stakeholders to help inform and carry out the 
functions described in this section. The Center of Excellence shall 
clearly disclose the source of any materials requested or received that 
inform the recommendations under subsection (b)(3).

SEC. 7. CABIN INSTRUCTION FOR PUBLIC HEALTH EMERGENCY ANNOUNCEMENTS.

    (a) In General.--Not later than 14 days after the date of enactment 
of this Act, the Administrator shall initiate a rulemaking proceeding 
to amend the requirements for the briefing of passengers before takeoff 
under section 121.571 of title 14, Code of Federal Regulations, to 
include the announcements described in subsection (b).
    (b) Public Health Emergency Announcements.--During the period of 
any national emergency declared by the President under the National 
Emergencies Act (50 U.S.C. 1601 et seq.) with respect to a respiratory 
disease, each air carrier operating a passenger airplane under part 121 
of title 14, Code of Federal Regulations, shall ensure that all 
passengers are orally briefed before each takeoff by the appropriate 
crewmember on each of the following:
            (1) An announcement of any temporary in-flight passenger 
        requirements issued pursuant to section 50201 of title 49, 
        United States Code, and proper compliance with such 
        requirements.
            (2) An announcement demonstrating the requirements of, and 
        proper compliance with, section 50202 of title 49, United 
        States Code, including how and under what conditions face masks 
        or protective face coverings must be worn and a statement that 
        the regulations of the Federal Aviation Administration require 
        passenger compliance with crewmember instructions concerning 
        the use of protective masks.
            (3) An announcement of any fines that may be assessed for 
        violating any of the in-flight passenger requirements issued 
        pursuant to sections 50201 and 50202 of title 49, United States 
        Code.

SEC. 8. DEFINITIONS.

    For purposes of this Act, the definitions in section 40102(a) of 
title 49, United States Code, shall apply to terms in this Act, except 
that the following terms have the following meanings:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (2) Respiratory disease.--The term ``respiratory disease'' 
        means an infectious disease that is, or is reasonably believed 
        to be, caused by a pathogen transmissible by aerosols or 
        respiratory droplets expelled from the nose or mouth.
            (3) Congressional committees of jurisdiction.--The term 
        ``congressional committees of jurisdiction'' means the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.
            (4) Passenger airplane.--The term ``passenger airplane'' 
        means a turbine-powered, transport-category airplane 
        certificated under the provisions of subchapter C of title 14, 
        Code of Federal Regulations, with a passenger seating capacity 
        of 20 or more.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
                                 <all>
Healthy Flights Act of 2021
To amend title 49, United States Code, to provide for aviation system enhancements during public health emergencies, and for other purposes.
Healthy Flights Act of 2021
Rep. DeFazio, Peter A.