HOUSE DEMOCRATS INTRODUCE BILL TO REQUIRE DOT TO DEVELOP NATIONAL AVIATION EMERGENCY PLAN IN RESPONSE TO COVID-19 CRISIS

May 3, 2021

On April 22, 2021, a group including House Transportation Committee Chair, Peter DeFazio and Representative Rick Larsen introduced the Healthy Flights Act of 2021, which sets forth uniform requirements for passengers and airline and airport workers, and seeks to prepare U.S. aviation stakeholders for future pandemics and epidemics through the development of a national preparedness plan.  The bill comes as the current federal mask mandate for planes and airports is set to expire on May 11, 2021 and airline and affiliated unions have expressed support for having the mandate extended.  Some key features of this law are:

  • Clarifies FAA’s authority to impose any requirements on air travel necessary to protect the health and safety of airline workers and passengers during public health emergencies;

  • Requires passengers to wear masks on board aircraft and within airports, and also requires issuance of masks and other protective equipment to airline employees and certain FAA employees during any public health emergency that is caused by a respiratory disease;

  • Requires the DOT to develop a National Aviation Preparedness Plan to respond to epidemics or pandemics;

  • Calls for a study on transmission of infectious diseases in airplane cabins;

  • Creates an FAA Center of Excellence on Infectious Disease Response and Prevention in Aviation to advise the FAA Administrator on infectious diseases and air travel; and

  • Amends airline passenger briefing requirements to enumerate new federal guidelines during pandemics and subsequent penalties for non-compliance.

Various airport industry trade groups and aviation workers unions have already shown support for the Healthy Flights Act as the COVID-19 pandemic has illustrated the urgent need for a plan to protect aviation crews, employees and passengers aboard aircraft.  The bill is still currently being considered in the House as it has yet to be taken up in the committee on Transportation and Infrastructure.

If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).

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Evelyn D. Sahr Photo Washington, D.C.

Evelyn D. Sahr

Member - Washington, D.C.

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Drew M. Derco Photo Washington, D.C.

Drew M. Derco

Member - Washington, D.C.

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Andrew P. Orr Photo Washington, D.C.

Andrew P. Orr

Member - Washington, D.C.

See full bio