116 HR 7423 IH: America Reopens Act
U.S. House of Representatives
2022-04-06
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I
117th CONGRESS
2d Session
H. R. 7423
IN THE HOUSE OF REPRESENTATIVES
April 6, 2022
Mr. Gimenez (for himself, Mrs. Cammack, Mr. Donalds, and Ms. Salazar) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committees on Transportation and Infrastructure, Energy and Commerce, and the Judiciary, 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 concerned
A BILL
To prohibit imposing certain COVID–19 face covering and vaccine mandates, and for other purposes.
1.

Short title
This Act may be cited as the “America Reopens Act”.
2.

Transportation
(a)

Travel
Beginning on the date of the enactment of this Act and notwithstanding any other provision of law, no Federal agency or any entity that receives Federal funds shall impose any Federal requirement related to COVID–19 that requires a citizen or alien lawfully admitted for permanent residence in the United States to show proof of vaccination or recent COVID–19 testing or wear a face covering when using any conveyance (as defined in section 70.1 of title 42, Code of Federal Regulations, or any successor regulation) or transportation hub.
(b)

Travel clarification
A citizen or alien lawfully admitted for permanent residence in the United States may travel domestically in the United States without regard to COVID–19 vaccine status, testing, or wearing a face covering, including citizens and such aliens returning to the United States from a foreign country.
3.

Land port of entry
An individual who is a national of Canada or of Mexico and is seeking to temporarily enter the United States for business through a land port of entry of the United States or who is involved in interstate commerce may enter the United States without regard to COVID–19 vaccination status, including any commercial truck driver.
4.

Taxpayer funds
No Federal funds may be used to develop, implement, or enforce any COVID–19 vaccine passport system or plan.
5.

Requirements for institutions of higher education
(a)

In general
Except as provided in subsection (b), no funds shall be made available under any applicable program to a public institution of higher education unless—
(1)
in-person instruction is available to all students at such institution; and
(2)
a student may opt-out of any requirement of the institution to wear a face covering, to be vaccinated against COVID–19, or to take a COVID–19 test.
(b)

Exceptions
(1)

Certain distance education programs
The requirement of subsection (a)(1) shall not apply to a course or program of study that an institution offers via distance education for reasons unrelated to COVID–19.
(2)

Health care facilities
The requirement of subsection (a)(2) shall not apply to—
(A)
a medical school;
(B)
a nursing school; or
(C)
a health care facility that is—
(i)
owned or operated by an institution of higher education; or
(ii)
at which the institution carries out academic programs.
(c)

Definitions
In this section:
(1)

Applicable program
The term applicable program has the meaning given the term in section 400(c) of the General Education Provisions Act (20 U.S.C. 1221(c)).
(2)

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).
6.

Grants for students without access to in-person instruction
(a)

Grants for students without access to in-Person instruction
From amounts made available under subsection (e), the Secretary of Education shall carry out a program under which the parent of a child who has an application approved by the Secretary under subsection (c) shall receive a grant to pay certain educational expenses on behalf of such child.
(b)

Application
To be eligible to receive grant under this section, the parent of a child shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary may require.
(c)

Approval
Subject to the availability of funds to carry out this section, the Secretary of Education shall make a grant under subsection (a) to the parent of a child if—
(1)
the parent submits a true and correct application under subsection (b); and
(2)
as part of such application the parent—
(A)
certifies that the child does not have access to in-person instruction at a public elementary school or public secondary school due to COVID–19; and
(B)
provides an assurance that the parent will use the grant only for the purposes authorized under this section.
(d)

Use of funds
A parent who receives grant under this section on behalf of a child may use the grant to pay the following educational expenses:
(1)
Costs of attendance for the child at a private elementary school or private secondary school.
(2)
Costs incurred by the parent to homeschool the child.
(3)
Such other educational expenses as may be approved by the Secretary for purposes of this subsection.
(e)

Funding
Notwithstanding any other provision of law, this section shall be carried out using amounts made available to the Secretary of Education under the CARES Act (Public Law 116–136) that are unobligated as of the date of the enactment of this Act and no additional amounts are authorized to be appropriated to carry out this section.
(f)

Definitions
In this section, the terms child, elementary school, parent, secondary school, and State have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).