I 117TH CONGRESS 1ST SESSION H. R. 1342 To authorize a study on the efficacy and potential negative impacts of masks to human health, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 25, 2021 Mr. GOHMERT introduced the following bill; which was referred to the Com- mittee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the juris- diction of the committee concerned A BILL To authorize a study on the efficacy and potential negative impacts of masks to human health, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SENSE OF CONGRESS. 3 It is the sense of Congress that— 4 (1) the Constitution does not permit a mask 5 mandate through use of exclusively Executive power; 6 (2) Congress has not enacted any such law for 7 the President to enforce; 8 VerDate Sep 11 2014 01:56 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1342.IH H1342 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 1342 IH (3) masks do not fall within any of the Execu- 1 tive authorities, according to article II, section 2 of 2 the United States Constitution; 3 (4) even Congress has no authority under the 4 United States Constitution to impose widespread 5 mask mandates on the States and people; 6 (5) the Constitution reserves ‘‘police power’’, 7 for the protection of health, safety, and morals, to 8 the States; 9 (6) even though a State has police power, strict 10 scrutiny is still applied when laws infringe on funda- 11 mental liberties, and in such instance, government 12 action is only constitutional when it both achieves a 13 compelling goal and is narrowly tailored or the least 14 restrictive alternative to achieve that goal; 15 (7) in our constitutional republic, the Federal 16 Government cannot do as it pleases, but must exer- 17 cise power only in keeping with the strict limits as 18 enumerated in the Constitution; 19 (8) while the Constitution ensures that the Fed- 20 eral Government cannot mandate that all Americans 21 wear masks, any government should not take such 22 an action unless the potential for causing countless 23 Americans to have adverse health impacts is fully 24 considered and studied, and there is no other less re- 25 VerDate Sep 11 2014 03:03 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1342.IH H1342 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 1342 IH strictive measures that could adequately be taken; 1 and 2 (9) although Americans are fully equipped to 3 adjust their activities and lifestyles to account for 4 the risk of SARS–CoV–2, including wearing a mask 5 at all times if one should choose to, it is unjust to 6 require all Americans to take an action if that action 7 could mean deteriorated health and even death of 8 some and no exceptions are permitted. 9 SEC. 2. GAO STUDY ON EFFICACY AND POTENTIAL NEGA- 10 TIVE IMPACTS OF MASKS TO HUMAN 11 HEALTH. 12 (a) IN GENERAL.—The Comptroller General of the 13 United States shall conduct a study on the efficacy and 14 potential negative impacts of masks to human health. 15 (b) TOPICS.—The study under subsection (a) shall 16 address each of the following: 17 (1) Evidence that various mask options (includ- 18 ing N–95 masks, basic medical masks, and cloth 19 masks) actually prevent the spread of SARS–CoV– 20 2, and to what extent such masks are successful 21 compared to no mask or a less restrictive method- 22 ology. 23 VerDate Sep 11 2014 01:56 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1342.IH H1342 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 1342 IH (2) Evidence regarding any safety concerns 1 with the common types of masks worn (including N– 2 95 masks, basic medical masks, and cloth masks). 3 (3) Any adverse side effects of mask wearing. 4 (4) Any potential for permanent adverse effects 5 including deaths resulting from mask wearing. 6 (5) Any evidence that mask wearing is particu- 7 larly dangerous if an individual has underlying con- 8 ditions, to include allergies, asthma, respiratory dif- 9 ficulty, or any other bodily condition that can impact 10 breathing or lung capacity and functioning. 11 Æ VerDate Sep 11 2014 01:56 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1342.IH H1342 pbinns on DSKJLVW7X2PROD with BILLS