Section 1 Short title
This Act may be cited as the “Mindless Mask Mandate on Planes Act of 2022”.
Mindless Mask Mandate on Planes Act of 2022
A BILL
To 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.
Sec. 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.”.
Sec. 3 No fly lists
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.
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.
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”.
Sec. 4 Refund of fines
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.
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.