117 HR 7786 IH: Mask Mandate Prevention and Recovery Act U.S. House of Representatives 2022-05-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS2d SessionH. R. 7786IN THE HOUSE OF REPRESENTATIVESMay 16, 2022Mr. Mullin (for himself, Mr. Cline, and Mr. Weber of Texas) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo 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.

1.

Short title

This Act may be cited as the Mask Mandate Prevention and Recovery Act.

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..

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.

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.