I 
118TH CONGRESS 
1ST SESSION H. R. 5368 
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 HOUSE OF REPRESENTATIVES 
SEPTEMBER 8, 2023 
Ms. GREENE of Georgia (for herself, Mr. DUNCAN, Mr. COLLINS, Mr. ZINKE, 
Mrs. MILLER of Illinois, Mr. ROSENDALE, Mr. OGLES, Mr. SANTOS, Mr. 
POSEY, Mr. NORMAN, Mr. GOODEN of Texas, Mr. BISHOP of North Caro-
lina, Mr. GUEST, and Mr. TIFFANY) introduced the following bill; which 
was referred to the Committee on Energy and Commerce, and in addition 
to the Committees on Transportation and Infrastructure, and Education 
and the Workforce, 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 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Freedom to Breathe 
Act’’. 
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SEC. 2. DEFINITIONS. 
In this Act: 
(1) AIR
CARRIER.—The term ‘‘air carrier’’ 
means an air carrier conducting passenger oper-
ations under part 121 of title 14, Code of Federal 
Regulations. 
(2) APPLICABLE PERIOD.—The term ‘‘applica-
ble period’’ means the period that begins on the date 
of enactment of this Act and ends on December 31, 
2024. 
(3) COMMUTER
RAIL
PASSENGER
TRANSPOR-
TATION.—The term ‘‘commuter rail passenger trans-
portation’’ has the meaning given the term in sec-
tion 24102 of title 49, United States Code. 
(4) ESEA DEFINITIONS.—The terms ‘‘elemen-
tary school’’ and ‘‘secondary school’’ have the mean-
ings given the terms in section 8101 of the Elemen-
tary 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 institu-
tion of higher education, that receives Federal funds. 
(6) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
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meaning given that term in section 102 of the High-
er Education Act of 1965 (20 U.S.C. 1002). 
(7) MASK.—The term ‘‘mask’’ means a mate-
rial covering the nose and mouth of the wearer, ex-
cluding face shields. 
(8) MASK MANDATE.—The term ‘‘mask man-
date’’ 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 Fed-
eral Regulations (or a successor regulation). 
(10) PUBLIC TRANSIT.—The term ‘‘public tran-
sit’’— 
(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 transpor-
tation provided by the entity described in 
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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 pa-
trons of 1 or more specific establishments; 
(vii) intra-terminal or intra-facility 
shuttle services; and 
(viii) commuter rail passenger trans-
portation. 
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 indi-
vidual 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 ele-
mentary school, secondary school, or institution of higher 
education. 
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SEC. 4. PROHIBITIONS ON IMPOSING A MASK MANDATE ON 
PASSENGERS OF AIR CARRIERS IN THE NA-
TIONAL AIRSPACE SYSTEM. 
(a) NO MASK REQUIREMENTS ON PASSENGERS OF 
AIR CARRIERS IN THE NATIONAL AIRSPACE SYSTEM.— 
Notwithstanding any other provision of law, during the ap-
plicable period, neither the President nor any other Fed-
eral officer, employee, agency, or office shall issue or en-
force an order requiring an air carrier to impose a mask 
mandate on individuals who are passengers of the air car-
rier in the national airspace system. 
(b) NO AUTHORITY TO REFUSE AIR TRANSPOR-
TATION.—During the applicable period, no certificate 
holder under part 119 of title 14, Code of Federal Regula-
tions, which conducts scheduled operations under part 121 
of that title, nor any other air carrier who provides pas-
senger 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: 
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‘‘(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 Fed-
eral, State, or local public transit agency or authority to 
impose a mask mandate on passengers using public tran-
sit. 
(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 
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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 re-
sponse to a public health emergency declared under sec-
tion 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 INSTI-
TUTIONS OF HIGHER EDUCATION.—Notwithstanding any 
other provision of law, during the applicable period, nei-
ther 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 edu-
cation. 
(b) NO AUTHORITY TO REFUSE ACCESS TO EDU-
CATION.—During the applicable period, a covered edu-
cational institution shall not refuse entry to or participa-
tion in any educational service or activity to a student, 
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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 Sec-
ondary Education Act of 1965) or institution of higher 
education (as defined in section 102 of the Higher Edu-
cation Act of 1965) in response to a public health emer-
gency 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 regu-
lations as are necessary to carry out this Act. 
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SEC. 8. PREEMPTION. 
The provisions of this Act shall supersede any provi-
sion of Federal, State, Tribal, territorial, or local law, dec-
laration, guidance, or directive to the extent that such 
laws, declarations, guidance, or directives are inconsistent 
with this Act. 
Æ 
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