[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4339 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 4339
To provide, manufacture, and distribute high quality face masks for
every individual in the United States during the COVID-19 emergency
using the Defense Production Act and other means.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2020
Ms. Warren (for Mr. Sanders (for himself, Ms. Baldwin, Mr. Bennet, Mr.
Blumenthal, Mr. Booker, Mrs. Gillibrand, Ms. Harris, Mr. Jones, Mr.
Markey, Mr. Merkley, Mr. Peters, Mr. Schumer, Ms. Smith, Mr. Van
Hollen, and Ms. Warren)) introduced the following bill; which was read
twice and referred to the Committee on Homeland Security and
Governmental Affairs
_______________________________________________________________________
A BILL
To provide, manufacture, and distribute high quality face masks for
every individual in the United States during the COVID-19 emergency
using the Defense Production Act and other means.
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 ``Masks for All Act of 2020''.
SEC. 2. REQUIREMENT TO ELIMINATE MASK SHORTAGES.
The President, acting through the Administrator, shall, as soon as
practicable--
(1) eliminate all shortages of face masks, surgical masks,
and N-95 respirator masks in the United States;
(2) manufacture the masks described in paragraph (1), to
the greatest extent practicable, in the United States; and
(3) distribute the masks described in paragraph (1) to the
general public and the health care workforce in accordance with
this Act.
SEC. 3. PROVIDING HIGH-QUALITY FACE MASKS TO EVERY INDIVIDUAL IN THE
UNITED STATES.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Administrator shall establish a program to provide a
supply of 3 high-quality, reusable face masks to every individual in
the United States, including individuals--
(1) experiencing homelessness; and
(2) living in group quarters, as defined by the Census
Bureau for the purposes of the most recent decennial census.
(b) No Cost to Individuals.--An individual that receives a supply
of face masks under this section shall not be charged for the face
masks, for the delivery of the face masks, or for any other
administrative cost related to the face masks.
(c) Prohibition on Identification Requirement.--An individual that
receives a supply of face masks under this section shall not be
required to provide identification or proof of citizenship in order to
receive the face masks.
(d) Deliveries.--To the greatest extent possible, face masks under
this section shall be delivered using the United States Postal Service.
(e) Educational Materials.--
(1) In general.--Face masks provided under this section
shall be accompanied by a 1-page fact sheet on the importance
of wearing face masks, the proper use of face masks, and the
nearest face mask pickup sites designated under subsection (f).
(2) Requirements.--The information included in the fact
sheet required under paragraph (1) shall be--
(A) scientifically and medically accurate;
(B) written for a layperson;
(C) presented in a size and type of font that is
easy to read; and
(D) provided in the languages that are most
appropriate for the community.
(3) Publication of information.--The information included
in the fact sheet required under paragraph (1) shall be
published on the public website of the Federal Emergency
Management Agency and the Department of Health and Human
Services in multiple languages and in a manner that is in
compliance with the Americans with Disabilities Act of 1990 for
reading by the visually impaired.
(f) Face Mask Pickup Sites.--
(1) In general.--The Administrator shall designate face
mask pickup sites in each community and shall provide face
masks to each site, allocated according to population, to be
distributed to the general public at no cost to the public.
(2) Requirements for designation of sites.--In designating
sites as face mask pickup sites under paragraph (1), the
Administrator shall choose--
(A) a location of a public entity, organization, or
business that is providing essential services to
communities, such as a post office, community pharmacy,
Federally-qualified health center, senior center,
congregate meal site, and COVID-19 testing site;
(B) a location that is easily accessible and
appropriate to maximize the public health response to
COVID-19; and
(C) when possible, a location that is federally
operated or is a recipient of Federal funds.
(3) Requirement for pickup sites.--If a site is designated
as a face mask pickup site under paragraph (1)--
(A) no individual shall be required to make a
purchase in order to pick up masks at such location;
and
(B) the site shall agree to display information,
supplied by the Administrator, in a prominent location
that--
(i) advertises the availability of free
face masks provided by the Federal Government;
and
(ii) meets the requirements described in
subsection (e)(2).
(g) New Technology.--
(1) In general.--For purposes of delivering and providing
the best available masks under this section, the Administrator
shall consider new designs to create the most comfortable,
well-fitting, reusable, and 2-way face masks that have
adjustable sizing.
(2) Strategic national stockpile.--If significant
improvements in face mask technology are made available, the
Administrator, in coordination with the Secretary, shall ensure
that such face masks are included in the strategic national
stockpile.
(h) Required Coordination and Consultation.--
(1) Coordination.--In carrying out this section, the
Administrator shall coordinate with the Secretary, the
Assistant Secretary, the Postmaster General, and the heads of
any other appropriate Federal departments or agencies.
(2) Consultation.--In carrying out this section, the
Administrator shall consult with States, units of local
government, pickup sites, and appropriate labor unions,
including labor organizations representing employees of the
United States Postal Service.
(i) Effect on Requests for Personal Protective Equipment.--Any face
masks provided under this section shall not be taken into account for
purposes of the Federal Government responding to State or health care
provider requests for surgical masks, N-95 respirator masks, personal
protective equipment, or other supplies related to COVID-19.
SEC. 4. HEALTH CARE WORKFORCE.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Administrator shall provide surgical masks and N-95
respirator masks to all individuals working in health care settings in
the United States that are experiencing a shortage of such masks,
including settings that have a short-term supply of such masks and
settings that are practicing extended use and re-use of such masks, if
such masks are single-use masks.
(b) No Cost to Persons or States.--A person or State that receives
surgical masks and N-95 respirator masks under this section shall not
be charged for the masks, for the delivery of the masks, or for any
other administrative cost related to the masks.
(c) Required Coordination.--In carrying out this section, the
Administrator shall coordinate--
(1) with the Secretary, the Assistant Secretary, the
Postmaster General, and the heads of any other appropriate
Federal departments or agencies; and
(2) to the greatest extent practicable, with other Federal
programs that provide masks or other personal protective
equipment to individuals working in health care settings.
(d) Required Consultation.--In carrying out this section, the
Administrator shall consult with health care providers and labor
organizations representing health professionals and other individuals
working in health care settings.
SEC. 5. USE OF AUTHORITIES.
(a) In General.--In carrying out this Act--
(1) the President shall make use of any and all available
authorities at the disposal of the Federal Government to
procure, domestically manufacture, support the domestic
manufacturing of face masks, and distribute face masks,
surgical masks, and N-95 respirator masks, including emergency
authorities, such as the Defense Production Act of 1950 (50
U.S.C. 4511 et seq.), the National Emergencies Act (50 U.S.C.
1601 et seq.), and the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.); and
(2) the Administrator shall make use of authorities
delegated to the Administrator under title I and title III of
the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) to
increase domestic production of masks.
(b) Requirement.--Any face masks, surgical masks, and N-95
respirator masks procured or manufactured for purposes of carrying out
this Act shall be purchased in accordance with Federal Acquisition
Regulation guidance on fair and reasonable pricing.
(c) Excess Masks.--Any face masks, surgical masks, and N-95
respirator masks in the possession of the Federal Emergency Management
Agency or the Department of Health and Human Services for purposes of
carrying out this Act that have not been distributed as of the date
described in section 6(d) shall be added to the strategic national
stockpile.
SEC. 6. APPROPRIATION; LIMITATIONS.
(a) Appropriation.--There is appropriated, out of amounts in the
Treasury not otherwise appropriated, $5,000,000,000, to remain
available until the date described in subsection (d), to the
Administrator to carry out this Act, provided that the Administrator
uses such amounts as are necessary to reimburse the United States
Postal Service for the delivery of masks under this Act.
(b) Limitation.--No funds made available under this section shall
be provided to--
(1) any person who is a Federal elected official or serving
in a Senior Executive Service position; or
(2) any entity that is controlled in whole or in part by a
Federal elected official or serving in a Senior Executive
Service position.
(c) Emergency Designation.--
(1) In general.--The amounts provided under this section
are designated as an emergency requirement pursuant to section
4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C.
933(g)).
(2) Designation in senate.--In the Senate, this section is
designated as an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018.
(d) Date Described.--The date described in this subsection is the
date on which no new cases of COVID-19 are reported in the United
States for a period of not less than 14 consecutive days.
SEC. 7. REPORTS TO CONGRESS.
(a) Submission of Plan.--Not later than 14 days after the date of
enactment of this Act, the Administrator shall submit to Congress a
strategic plan that includes monthly, measurable targets, to, as soon
as practicable--
(1) eliminate all shortages of face masks, surgical masks,
and N-95 respirator masks;
(2) increase domestic production of high-quality masks to
the greatest extent possible;
(3) provide the greatest number possible of masks
manufactured in the United States;
(4) distribute masks to the general public and the health
care workforce in accordance with this Act; and
(5) fulfill all other requirements of this Act.
(b) Weekly Progress Reports.--Beginning 7 days after the date on
which the strategic plan is submitted under subsection (a), and every 7
days thereafter until the requirements of this Act are met, the
Administrator shall submit to Congress a detailed report on the
activities undertaken to fulfill the requirements of this Act and a
timeline for when such requirements will be fulfilled, which shall
include--
(1) information on--
(A) the use of funds under this Act, provided in an
itemized list;
(B) the current and projected supply of face masks,
surgical masks, and N-95 respirator masks;
(C) the sources of face masks, surgical masks, and
N-95 respirator masks;
(D) the distribution of face masks, surgical masks,
and N-95 respirator masks, by State, geographic area,
and need;
(E) the prices paid by the Federal Government and
to which suppliers such amounts were paid; and
(2) any other information requested by Congress.
(c) Inspector General Oversight.--
(1) In general.--The Inspector General of the Department of
Homeland Security shall conduct monitoring and oversight of the
receipt, disbursement, and use of funds made available under
this Act.
(2) Report.--Not later than 1 year after the date described
in section 6(d), the Inspector General of the Department of
Homeland Security shall conduct an audit of the program
established under this Act and submit to Congress a report on
the findings of such audit.
SEC. 8. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary for Preparedness and Response of
the Department of Health and Human Services.
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4(e) of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304(e)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(5) Senior executive service position.--The term ``Senior
Executive Service position'' has the meaning given that term in
section 3132(a) of title 5, United States Code.
(6) State.--The term ``State'' means--
(A) any State of the United States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau;
(J) the United States Virgin Islands; and
(K) each Indian Tribe.
(7) United states.--The term ``United States'' means--
(A) each of the several States of the United
States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau;
(J) the United States Virgin Islands; and
(K) each Indian Tribe.
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