What This Bill Does
This bill eliminates federal mask mandates (orders requiring people to wear masks) that already exist. It also prevents federal agencies from issuing new mask mandates in response to COVID-19 or public health emergencies in the future.
Who It Affects
Federal agencies and offices, the Centers for Disease Control and Prevention, the Secretary of Health, people who use public transportation, people at transportation hubs (places where people board trains, planes or buses).
Key Provisions
• Two existing mask orders stop having any legal force: Executive Order 13991 from January 20, 2021, and a Centers for Disease Control and Prevention order from January 29, 2021 requiring masks on transportation and at transportation hubs (Sec. 2(a))
• No federal agency or office is allowed to issue orders requiring people to wear face masks in response to COVID-19 (Sec. 2(b))
• The Public Health Service Act is changed to state that the Secretary of Health cannot require people to wear face masks in response to a public health emergency (Sec. 2(c))
• No previously appropriated funds (money Congress already approved) can be used by federal agencies to develop, enforce or carry out any mask requirement in response to COVID-19 (Sec. 3)
What Changes
Two specific federal mask orders lose all legal power. Federal agencies lose the power to create mask mandates related to COVID-19 or public health emergencies. No federal money can be spent on creating or enforcing mask mandates in response to COVID-19.
Important Definitions
None defined in bill text.
Effective Date
The date this bill becomes law, as stated in the bill text.
II
118TH CONGRESS
1ST SESSION
S. 172
To terminate any existing mask mandates imposed by the Federal Govern-
ment, to prevent the implementation of new mask mandates, to preserve
individual liberty, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JANUARY 31, 2023
Mr. CRUZ introduced the following bill; which was read twice and referred to
the Committee on Health, Education, Labor, and Pensions
A BILL
To terminate any existing mask mandates imposed by the
Federal Government, to prevent the implementation of
new mask mandates, to preserve individual liberty, and
for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘No Mask Mandates
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Act of 2023’’.
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•S 172 IS
SEC. 2. TERMINATION OF FACE MASK ORDERS.
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(a) TERMINATION.—Effective on the date of enact-
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ment of this Act, the following shall be void and have no
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force or effect:
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(1) Executive Order 13991 (86 Fed. Reg.
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7045), issued on January 20, 2021.
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(2) The order issued by the Centers for Disease
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Control and Prevention on January 29, 2021, pursu-
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ant to section 361 of the Public Health Service Act
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(42 U.S.C. 264), requiring persons to wear masks
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while on conveyances and at transportation hubs.
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(b) NO AUTHORITY TO ISSUE SUBSEQUENT OR-
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DERS.—Notwithstanding any other provision of law, no
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Federal agency or office may issue an order requiring per-
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sons to wear face masks in response to COVID–19.
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(c) NO AUTHORITY TO ISSUE MANDATES IN RE-
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SPONSE TO A PUBLIC HEALTH EMERGENCY.—Section
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361 of the Public Health Service Act (42 U.S.C. 264) is
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amended by adding at the end the following:
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‘‘(f) Nothing in this section authorizes the Secretary
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to require persons to wear face masks in response to a
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public health emergency declared under section 319.’’.
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SEC. 3. RESTRICTIONS ON THE USE OF PREVIOUSLY AP-
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PROPRIATED FUNDS.
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Notwithstanding any other provision of law, no funds
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previously appropriated by Congress may be used by any
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•S 172 IS
executive agency or department of the United States to
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develop, implement, or otherwise enforce any Federal rule,
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regulation, or order requiring persons to wear masks in
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response to COVID–19.
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Æ
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