[Congressional Record Volume 169, Number 159 (Friday, September 29, 2023)]
[Senate]
[Page S4830]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1305. Mr. VANCE submitted an amendment intended to be proposed to 
amendment SA 1292 proposed by Mr. Schumer (for Mrs. Murray) to the bill 
H.R. 3935, to amend title 49, United States Code, to reauthorize and 
improve the Federal Aviation Administration and other civil aviation 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

        At the appropriate place in title II, insert the 
     following:

     SEC. ___. PROHIBITION ON THE IMPOSITION OF MASK MANDATES.

       (a) Short Title.--This section may be cited as the 
     ``Freedom to Breathe Act''.
       (b) Definitions.--In this section:
       (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 
     section 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.
       (c) 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.
       (d) Prohibitions on Imposing a Mask Mandate on Passengers 
     of Air Carriers in the National Airspace System.--
       (1) 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.
       (2) 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.
       (3) 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 the Freedom to Breathe Act) while traveling as a passenger 
     of an air carrier (as defined in such Act) in the national 
     airspace system (as defined in such Act) in response to a 
     public health emergency declared under section 319 during the 
     applicable period (as defined in such Act).''.
       (e) Prohibitions on Imposing a Mask Mandate on Passengers 
     Using Public Transit.--
       (1) 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.
       (2) 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.
       (3) 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 subsection (d)(3), 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 the Freedom to Breathe Act) while using public transit (as 
     defined in such Act) in response to a public health emergency 
     declared under section 319 during the applicable period (as 
     defined in such Act).''.
       (f) Prohibitions on Imposing a Mask Mandate in Education 
     Settings.--
       (1) 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.
       (2) 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.
       (3) 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 subsection (e)(3), 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 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 during the 
     applicable period (as defined in such Act).''.
       (g) Regulations.--Not later than 90 days after the date of 
     enactment of this section, the head of each Federal agency or 
     office to which this section applies shall issue such new or 
     revised regulations as are necessary to carry out this 
     section.
       (h) Preemption.--The provisions of this section 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 section.
                                 ______