S.Amdt. 1305

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.
______