[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2738 Introduced in Senate (IS)]

<DOC>






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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