[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6385 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 6385
To provide, manufacture, and distribute high quality N-95 respirator
masks for every individual in the United States during the COVID-19
pandemic using the Defense Production Act and other means.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 12, 2022
Mr. Khanna (for himself, Mrs. Trahan, Mrs. Watson Coleman, Mr. Bowman,
Ms. Bush, Mr. Carson, Mr. Carter of Louisiana, Mr. Cicilline, Ms.
Clarke of New York, Mr. Cooper, Mr. Costa, Mr. Danny K. Davis of
Illinois, Mrs. Dingell, Mr. Espaillat, Mr. Evans, Ms. Garcia of Texas,
Mr. Gomez, Mr. Grijalva, Ms. Jackson Lee, Ms. Jayapal, Mr. Johnson of
Georgia, Mrs. Kirkpatrick, Mr. Larson of Connecticut, Ms. Lee of
California, Mr. Lowenthal, Ms. Meng, Mrs. Napolitano, Ms. Newman, Ms.
Norton, Mr. Payne, Ms. Pressley, Ms. Schakowsky, Mr. Thompson of
Mississippi, Ms. Tlaib, Mr. Torres of New York, Ms. Velazquez, Mr.
Welch, and Ms. Williams of Georgia) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committees on Energy and
Commerce, Financial Services, and the Budget, 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 provide, manufacture, and distribute high quality N-95 respirator
masks for every individual in the United States during the COVID-19
pandemic 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 2022''.
SEC. 2. REQUIREMENT TO ELIMINATE MASK SHORTAGES.
The President, acting through the Administrator, shall, as soon as
practicable--
(1) eliminate all shortages of N-95 respirator masks in the
United States;
(2) manufacture N-95 respirator masks, to the greatest
extent practicable, in the United States; and
(3) distribute N-95 respirator masks 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 N-95 respirator 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 N-95 respirator masks under this section shall not be charged for
the N-95 respirator masks, for the delivery of the N-95 respirator
masks, or for any other administrative cost relating to the N-95
respirator masks.
(c) Prohibition on Identification Requirement.--An individual that
receives a supply of N-95 respirator masks under this section shall not
be required to provide identification or proof of citizenship in order
to receive the N-95 respirator masks.
(d) Deliveries.--To the greatest extent possible, N-95 respirator
masks provided under this section shall be delivered using the United
States Postal Service.
(e) Educational Materials.--
(1) In general.--N-95 respirator masks provided under this
section shall be accompanied by a 1-page fact sheet on the
importance of wearing N-95 respirator masks, the proper use of
N-95 respirator masks, and the nearest N-95 respirator 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 (42
U.S.C. 12101 et seq.) for reading by the visually impaired.
(f) Mask Pickup Sites.--
(1) In general.--The Administrator shall designate N-95
respirator mask pickup sites in each community and shall
provide N-95 respirator 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 N-95 respirator mask pickup sites under paragraph (1),
the Administrator shall choose--
(A) a location of a public entity, organization, or
business that provides essential services to
communities, such as a post office, community pharmacy,
Federally-qualified health center, senior center,
congregate meal site, and COVID-19 testing or
vaccination 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 an N-95 respirator mask pickup site under paragraph (1)--
(A) no individual shall be required to make a
purchase in order to pick up N-95 respirator 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 N-
95 respirator masks provided by the Federal
Government; and
(ii) meets the requirements described in
subsection (e)(2).
(g) Developments in N-95 Respirator Masks.--
(1) In general.--For purposes of delivering and providing
the best available N-95 respirator masks under this section,
the Administrator shall consider new designs to create the most
comfortable, well-fitting, and effective N-95 respirator masks
that--
(A) have adjustable sizing; or
(B) are available in different sizes, including
sizes for children.
(2) Flexibility.--For the purpose of fulfilling the
requirements of this section, the Administrator may distribute
respirator masks that--
(A) are equivalent to N-95 respirator masks; and
(B) have been tested by the Federal Government.
(3) Strategic national stockpile.--If significant
improvements in N-95 respirator mask technology are made
available, the Administrator, in coordination with the
Secretary, shall ensure that such N-95 respirator 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 N-95
respirator mask 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 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
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 and domestically manufacture N-95 respirator masks and
support the domestic manufacturing of N-95 respirator masks,
including emergency authorities, such as the Defense Production
Act of 1950 (50 U.S.C. 4501 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 N-95 respirator masks.
(b) Requirement.--Any 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 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 N-95 respirator 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 house and senate.--This section is
designated as an emergency requirement pursuant to subsections
(a) and (b) of section 4001 of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal
year 2022.
(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 N-95 respirator masks;
(2) increase domestic production of N-95 respirator masks
to the greatest extent possible;
(3) provide the greatest number possible of N-95 respirator
masks manufactured in the United States;
(4) distribute N-95 respirator 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 N-95
respirator masks;
(C) the sources of N-95 respirator masks;
(D) the distribution of N-95 respirator masks by
State, geographic area, and need; and
(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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