[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2738 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2738
To prohibit through December 31, 2024, the imposition of a mask mandate
on passengers of air carriers or public transit and in educational
settings within the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 7, 2023
Mr. Vance (for himself, Mr. Hawley, Mr. Schmitt, Mr. Braun, Mr.
Marshall, Ms. Lummis, Mr. Budd, Mr. Barrasso, Mrs. Britt, Mrs.
Blackburn, and Mr. Daines) introduced the following bill; which was
read twice and referred to the Committee on Health, Education, Labor,
and Pensions
_______________________________________________________________________
A BILL
To prohibit through December 31, 2024, the imposition of a mask mandate
on passengers of air carriers or public transit and in educational
settings within the United States, 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 ``Freedom to Breathe Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Air carrier.--The term ``air carrier'' means an air
carrier conducting passenger operations under part 121 of title
14, Code of Federal Regulations.
(2) Applicable period.--The term ``applicable period''
means the period that begins on the date of enactment of this
Act and ends on December 31, 2024.
(3) Commuter rail passenger transportation.--The term
``commuter rail passenger transportation'' has the meaning
given the term in section 24102 of title 49, United States
Code.
(4) ESEA definitions.--The terms ``elementary school'' and
``secondary school'' have the meanings given the terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801 et seq.).
(5) Covered educational institution.--The term ``covered
educational institution'' means an elementary school, secondary
school, or institution of higher education, that receives
Federal funds.
(6) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(7) Mask.--The term ``mask'' means a material covering the
nose and mouth of the wearer, excluding face shields.
(8) Mask mandate.--The term ``mask mandate'' means an
order, directive, or ordinance which requires an individual to
wear a mask to travel on any conveyance, or to enter or remain
in any place within the United States, in response to a public
health emergency.
(9) National airspace system.--The term ``national airspace
system'' has the meaning given such term in section 245.5 of
title 32, Code of Federal Regulations (or a successor
regulation).
(10) Public transit.--The term ``public transit''--
(A) means a regular, continuing shared-ride surface
transportation service that is open to the general
public or open to a segment of the general public
defined by age, disability, or low income; and
(B) includes--
(i) intercity passenger rail transportation
provided by the entity described in chapter 243
of title 49, United States Code (or a successor
to such entity);
(ii) intercity bus service;
(iii) charter bus service;
(iv) school bus service;
(v) sightseeing service;
(vi) courtesy shuttle service for patrons
of 1 or more specific establishments;
(vii) intra-terminal or intra-facility
shuttle services; and
(viii) commuter rail passenger
transportation.
SEC. 3. RESTRICTIONS ON THE USE OF FEDERAL FUNDS.
During the applicable period, notwithstanding any other provision
of law, no Federal funds may be obligated or expended to propose,
establish, implement, or enforce, directly or indirectly through the
imposition of a condition on receipt of Federal funds, any requirement
that an individual wear a mask or comply with a mask mandate while
traveling as a passenger of an air carrier in the national airspace
system, using public transit, or while in any elementary school,
secondary school, or institution of higher education.
SEC. 4. PROHIBITIONS ON IMPOSING A MASK MANDATE ON PASSENGERS OF AIR
CARRIERS IN THE NATIONAL AIRSPACE SYSTEM.
(a) No Mask Requirements on Passengers of Air Carriers in the
National Airspace System.--Notwithstanding any other provision of law,
during the applicable period, neither the President nor any other
Federal officer, employee, agency, or office shall issue or enforce an
order requiring an air carrier to impose a mask mandate on individuals
who are passengers of the air carrier in the national airspace system.
(b) No Authority To Refuse Air Transportation.--During the
applicable period, no certificate holder under part 119 of title 14,
Code of Federal Regulations, which conducts scheduled operations under
part 121 of that title, nor any other air carrier who provides
passenger air transportation in the national airspace system, shall
refuse transportation to a passenger on the basis that the passenger
refuses to wear a mask or comply with a mask mandate while traveling in
the national airspace system.
(c) No Authority To Issue or Enforce Mask Mandates on Passenger Air
Carrier Operations in Response to a Public Health Emergency.--Section
361 of the Public Health Service Act (42 U.S.C. 264) is amended by
adding at the end the following:
``(f) Nothing in this section authorizes the Secretary to require
individuals to comply with a mask mandate (as defined in section 2 of
the Freedom to Breathe Act) while traveling as a passenger of an air
carrier (as defined in such section) in the national airspace system
(as defined in such section) in response to a public health emergency
declared under section 319 during the applicable period (as defined in
such section).''.
SEC. 5. PROHIBITIONS ON IMPOSING A MASK MANDATE ON PASSENGERS USING
PUBLIC TRANSIT.
(a) No Mask Requirements on Passengers Using Public Transit.--
Notwithstanding any other provision of law, during the applicable
period, neither the President nor any other Federal officer, employee,
agency, or office shall issue or enforce an order requiring a Federal,
State, or local public transit agency or authority to impose a mask
mandate on passengers using public transit.
(b) No Authority To Refuse Public Transit.--During the applicable
period, no public transit operator shall refuse transportation to a
passenger on the basis that the passenger refuses to wear a mask or
comply with a mask mandate.
(c) No Authority To Issue or Enforce Mask Mandates on Passenger Air
Carrier Operations in Response to a Public Health Emergency.--Section
361 of the Public Health Service Act (42 U.S.C. 264), as amended by
section 4(c), is amended by adding at the end the following:
``(g) Nothing in this section authorizes the Secretary to require
individuals to comply with a mask mandate (as defined in section 2 of
the Freedom to Breathe Act) while using public transit (as defined in
such section) in response to a public health emergency declared under
section 319 during the applicable period (as defined in such
section).''.
SEC. 6. PROHIBITIONS ON IMPOSING A MASK MANDATE IN EDUCATION SETTINGS.
(a) No Mask Requirements in Schools or Institutions of Higher
Education.--Notwithstanding any other provision of law, during the
applicable period, neither the President nor any other Federal officer,
employee, agency, or office, shall issue or enforce a mask mandate
requiring individuals to wear a mask in any elementary school,
secondary school, or institution of higher education.
(b) No Authority To Refuse Access to Education.--During the
applicable period, a covered educational institution shall not refuse
entry to or participation in any educational service or activity to a
student, teacher, parent, or other individual on the basis that the
student, teacher, parent, or other individual refuses to wear a mask or
comply with a mask mandate during the educational service or activity.
(c) No Authority To Issue or Enforce Mask Mandates in Educational
Settings in Response to a Public Health Emergency.--Section 361 of the
Public Health Service Act (42 U.S.C. 264), as amended by section 5(c),
is further amended by adding at the end the following:
``(h) Nothing in this section authorizes the Secretary to require
individuals to comply with a mask mandate (as defined in section 2 of
the Freedom to Breathe Act) in any elementary school or secondary
school (as such terms are defined in section 8101 of the Elementary and
Secondary Education Act of 1965) or institution of higher education (as
defined in section 102 of the Higher Education Act of 1965) in response
to a public health emergency declared under section 319 9 during the
applicable period (as defined in such section).''.
SEC. 7. REGULATIONS.
Not later than 90 days after the date of enactment of this Act, the
head of each Federal agency or office to which this Act applies shall
issue such new or revised regulations as are necessary to carry out
this Act.
SEC. 8. PREEMPTION.
The provisions of this Act shall supersede any provision of
Federal, State, Tribal, territorial, or local law, declaration,
guidance, or directive to the extent that such laws, declarations,
guidance, or directives are inconsistent with this Act.
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