[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4293 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4293

 To promote airline passenger safety during the COVID-19 public health 
                               emergency.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 23, 2020

  Mr. Merkley introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To promote airline passenger safety during the COVID-19 public health 
                               emergency.

    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 ``Maintaining Important Distance 
During Lengthy Epidemics Act of 2020'' or the ``MIDDLE Act of 2020''.

SEC. 2. PROMOTING AIRLINE PASSENGER SAFETY DURING THE COVID-19 PUBLIC 
              HEALTH EMERGENCY.

    (a) In General.--Pursuant to the Rehabilitation Act of 1973 (29 
U.S.C. 701 et seq.), the Americans with Disabilities Act of 1990 (42 
U.S.C. 12101 et seq.), and section 41705 of title 49, United States 
Code (commonly referred to as the ``Air Carrier Access Act''), during 
the period beginning on the date that is 14 days after the date of the 
enactment of this Act and ending on the last day of the emergency 
period described in section 1135(g)(1)(B) of the Social Security Act 
(42 U.S.C. 1320b-5(g)(1)(B)), an air carrier (as defined in section 
40102 of title 49, United States Code) shall be prohibited from doing 
any of the following:
            (1) Permit adjacent seats to be filled on a passenger 
        aircraft.
            (2) Pass along the cost of any seat switch undertaken by an 
        air carrier in order to comply the prohibition under paragraph 
        (1).
            (3) Permit a passenger or crewmember to board a passenger 
        aircraft if the passenger or crewmember is not wearing a mask.
    (b) Exceptions.--Not later than 14 days after the date of the 
enactment of this Act, taking into account any Federal health guidance 
from the Department of Health and Human Services (including guidance 
related to the COVID-19 public health emergency), the Administrator of 
the Federal Aviation Administration shall, in consultation with the 
Secretary of Health and Human Services (acting through the Director of 
the Centers for Disease Control and Prevention), issue guidance that 
provides for appropriate exceptions to the prohibitions under 
paragraphs (1) and (3) of subsection (a).
    (c) Nondiscrimination.--In carrying out the provisions of this 
section, an air carrier may not discriminate against any person on the 
basis of race, color, religion, genetic information, national origin, 
age, disability, or sex (including sexual orientation and gender 
identity).
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