America Reopens Act
Bill: H.R.7423 | Sponsor: Rep. Gimenez, Carlos A. (R-FL)
Policy area: Health

Summary:
America Reopens Act
This bill restricts the implementation and enforcement of various COVID-19 response measures in transportation, education, and other areas.
Specifically, the bill prohibits any federal agency or federally funded entity from requiring that U.S. citizens or permanent residents wear face coverings or show proof of COVID-19 vaccination or testing when using public conveyances (e.g., planes or trains) or transportation hubs when traveling domestically or returning from foreign countries. Further, Canadian and Mexican nationals may enter the United States for business through land ports of entry without regard to their COVID-19 vaccination status.
The bill also restricts federal funding of public institutions of higher education unless the institution (1) makes in-person instruction available to all students; and (2) allows students to opt out of COVID-19 requirements concerning vaccination, testing, and face covering. This restriction does not apply to distance education programs offered for reasons unrelated to COVID-19 or certain health-related educational programs. Additionally, the Department of Education must provide grants to parents for certain educational expenses, such as tuition at a private school, if their child lacks access to in-person instruction at a public elementary or secondary school due to COVID-19.
The bill also prohibits the use of federal funds to implement or enforce a system or plan for verifying an individual's COVID-19 vaccination status, such as vaccine passports.

To prohibit imposing certain COVID-19 face covering and vaccine 
                   mandates, 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 ``America Reopens Act''.

SEC. 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.

SEC. 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.

SEC. 4. TAXPAYER FUNDS.

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

SEC. 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).

SEC. 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).
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