Masks for All Act of 2020

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Masks for All Act of 4 2020’’. 5 VerDate Sep 11 2014 04:03 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4339.IS S4339 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4339 IS SEC. 2. REQUIREMENT TO ELIMINATE MASK SHORTAGES. 1 The President, acting through the Administrator, 2 shall, as soon as practicable— 3 (1) eliminate all shortages of face masks, sur- 4 gical masks, and N–95 respirator masks in the 5 United States; 6 (2) manufacture the masks described in para- 7 graph (1), to the greatest extent practicable, in the 8 United States; and 9 (3) distribute the masks described in paragraph 10 (1) to the general public and the health care work- 11 force in accordance with this Act. 12 SEC. 3. PROVIDING HIGH-QUALITY FACE MASKS TO EVERY 13 INDIVIDUAL IN THE UNITED STATES. 14 (a) IN GENERAL.—Not later than 30 days after the 15 date of enactment of this Act, the Administrator shall es- 16 tablish a program to provide a supply of 3 high-quality, 17 reusable face masks to every individual in the United 18 States, including individuals— 19 (1) experiencing homelessness; and 20 (2) living in group quarters, as defined by the 21 Census Bureau for the purposes of the most recent 22 decennial census. 23 (b) NO COST TO INDIVIDUALS.—An individual that 24 receives a supply of face masks under this section shall 25 not be charged for the face masks, for the delivery of the 26 VerDate Sep 11 2014 04:03 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4339.IS S4339 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4339 IS face masks, or for any other administrative cost related 1 to the face masks. 2 (c) PROHIBITION ON IDENTIFICATION REQUIRE- 3 MENT.—An individual that receives a supply of face masks 4 under this section shall not be required to provide identi- 5 fication or proof of citizenship in order to receive the face 6 masks. 7 (d) DELIVERIES.—To the greatest extent possible, 8 face masks under this section shall be delivered using the 9 United States Postal Service. 10 (e) EDUCATIONAL MATERIALS.— 11 (1) IN GENERAL.—Face masks provided under 12 this section shall be accompanied by a 1-page fact 13 sheet on the importance of wearing face masks, the 14 proper use of face masks, and the nearest face mask 15 pickup sites designated under subsection (f). 16 (2) REQUIREMENTS.—The information included 17 in the fact sheet required under paragraph (1) shall 18 be— 19 (A) scientifically and medically accurate; 20 (B) written for a layperson; 21 (C) presented in a size and type of font 22 that is easy to read; and 23 (D) provided in the languages that are 24 most appropriate for the community. 25 VerDate Sep 11 2014 04:03 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4339.IS S4339 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4339 IS (3) PUBLICATION OF INFORMATION.—The in- 1 formation included in the fact sheet required under 2 paragraph (1) shall be published on the public 3 website of the Federal Emergency Management 4 Agency and the Department of Health and Human 5 Services in multiple languages and in a manner that 6 is in compliance with the Americans with Disabilities 7 Act of 1990 for reading by the visually impaired. 8 (f) FACE MASK PICKUP SITES.— 9 (1) IN GENERAL.—The Administrator shall des- 10 ignate face mask pickup sites in each community 11 and shall provide face masks to each site, allocated 12 according to population, to be distributed to the gen- 13 eral public at no cost to the public. 14 (2) REQUIREMENTS FOR DESIGNATION OF 15 SITES.—In designating sites as face mask pickup 16 sites under paragraph (1), the Administrator shall 17 choose— 18 (A) a location of a public entity, organiza- 19 tion, or business that is providing essential 20 services to communities, such as a post office, 21 community pharmacy, Federally-qualified health 22 center, senior center, congregate meal site, and 23 COVID–19 testing site; 24 VerDate Sep 11 2014 04:03 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4339.IS S4339 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4339 IS (B) a location that is easily accessible and 1 appropriate to maximize the public health re- 2 sponse to COVID–19; and 3 (C) when possible, a location that is feder- 4 ally operated or is a recipient of Federal funds. 5 (3) REQUIREMENT FOR PICKUP SITES.—If a 6 site is designated as a face mask pickup site under 7 paragraph (1)— 8 (A) no individual shall be required to make 9 a purchase in order to pick up masks at such 10 location; and 11 (B) the site shall agree to display informa- 12 tion, supplied by the Administrator, in a promi- 13 nent location that— 14 (i) advertises the availability of free 15 face masks provided by the Federal Gov- 16 ernment; and 17 (ii) meets the requirements described 18 in subsection (e)(2). 19 (g) NEW TECHNOLOGY.— 20 (1) IN GENERAL.—For purposes of delivering 21 and providing the best available masks under this 22 section, the Administrator shall consider new designs 23 to create the most comfortable, well-fitting, reusable, 24 and 2-way face masks that have adjustable sizing. 25 VerDate Sep 11 2014 04:03 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4339.IS S4339 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4339 IS (2) STRATEGIC NATIONAL STOCKPILE.—If sig- 1 nificant improvements in face mask technology are 2 made available, the Administrator, in coordination 3 with the Secretary, shall ensure that such face 4 masks are included in the strategic national stock- 5 pile. 6 (h) REQUIRED COORDINATION AND CONSULTA- 7 TION.— 8 (1) COORDINATION.—In carrying out this sec- 9 tion, the Administrator shall coordinate with the 10 Secretary, the Assistant Secretary, the Postmaster 11 General, and the heads of any other appropriate 12 Federal departments or agencies. 13 (2) CONSULTATION.—In carrying out this sec- 14 tion, the Administrator shall consult with States, 15 units of local government, pickup sites, and appro- 16 priate labor unions, including labor organizations 17 representing employees of the United States Postal 18 Service. 19 (i) EFFECT ON REQUESTS FOR PERSONAL PROTEC- 20 TIVE EQUIPMENT.—Any face masks provided under this 21 section shall not be taken into account for purposes of the 22 Federal Government responding to State or health care 23 provider requests for surgical masks, N–95 respirator 24 VerDate Sep 11 2014 04:03 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4339.IS S4339 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4339 IS masks, personal protective equipment, or other supplies 1 related to COVID–19. 2 SEC. 4. HEALTH CARE WORKFORCE. 3 (a) IN GENERAL.—Not later than 30 days after the 4 date of enactment of this Act, the Administrator shall pro- 5 vide surgical masks and N–95 respirator masks to all indi- 6 viduals working in health care settings in the United 7 States that are experiencing a shortage of such masks, in- 8 cluding settings that have a short-term supply of such 9 masks and settings that are practicing extended use and 10 re-use of such masks, if such masks are single-use masks. 11 (b) NO COST TO PERSONS OR STATES.—A person or 12 State that receives surgical masks and N–95 respirator 13 masks under this section shall not be charged for the 14 masks, for the delivery of the masks, or for any other ad- 15 ministrative cost related to the masks. 16 (c) REQUIRED COORDINATION.—In carrying out this 17 section, the Administrator shall coordinate— 18 (1) with the Secretary, the Assistant Secretary, 19 the Postmaster General, and the heads of any other 20 appropriate Federal departments or agencies; and 21 (2) to the greatest extent practicable, with 22 other Federal programs that provide masks or other 23 personal protective equipment to individuals working 24 in health care settings. 25 VerDate Sep 11 2014 04:03 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4339.IS S4339 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4339 IS (d) REQUIRED CONSULTATION.—In carrying out this 1 section, the Administrator shall consult with health care 2 providers and labor organizations representing health pro- 3 fessionals and other individuals working in health care set- 4 tings. 5 SEC. 5. USE OF AUTHORITIES. 6 (a) IN GENERAL.—In carrying out this Act— 7 (1) the President shall make use of any and all 8 available authorities at the disposal of the Federal 9 Government to procure, domestically manufacture, 10 support the domestic manufacturing of face masks, 11 and distribute face masks, surgical masks, and N– 12 95 respirator masks, including emergency authori- 13 ties, such as the Defense Production Act of 1950 14 (50 U.S.C. 4511 et seq.), the National Emergencies 15 Act (50 U.S.C. 1601 et seq.), and the Robert T. 16 Stafford Disaster Relief and Emergency Assistance 17 Act (42 U.S.C. 5121 et seq.); and 18 (2) the Administrator shall make use of au- 19 thorities delegated to the Administrator under title 20 I and title III of the Defense Production Act of 21 1950 (50 U.S.C. 4511 et seq.) to increase domestic 22 production of masks. 23 (b) REQUIREMENT.—Any face masks, surgical 24 masks, and N–95 respirator masks procured or manufac- 25 VerDate Sep 11 2014 04:03 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4339.IS S4339 kjohnson on DSK79L0C42PROD with BILLS 9 •S 4339 IS tured for purposes of carrying out this Act shall be pur- 1 chased in accordance with Federal Acquisition Regulation 2 guidance on fair and reasonable pricing. 3 (c) EXCESS MASKS.—Any face masks, surgical 4 masks, and N–95 respirator masks in the possession of 5 the Federal Emergency Management Agency or the De- 6 partment of Health and Human Services for purposes of 7 carrying out this Act that have not been distributed as 8 of the date described in section 6(d) shall be added to the 9 strategic national stockpile. 10 SEC. 6. APPROPRIATION; LIMITATIONS. 11 (a) APPROPRIATION.—There is appropriated, out of 12 amounts in the Treasury not otherwise appropriated, 13 $5,000,000,000, to remain available until the date de- 14 scribed in subsection (d), to the Administrator to carry 15 out this Act, provided that the Administrator uses such 16 amounts as are necessary to reimburse the United States 17 Postal Service for the delivery of masks under this Act. 18 (b) LIMITATION.—No funds made available under 19 this section shall be provided to— 20 (1) any person who is a Federal elected official 21 or serving in a Senior Executive Service position; or 22 (2) any entity that is controlled in whole or in 23 part by a Federal elected official or serving in a 24 Senior Executive Service position. 25 VerDate Sep 11 2014 04:03 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4339.IS S4339 kjohnson on DSK79L0C42PROD with BILLS 10 •S 4339 IS (c) EMERGENCY DESIGNATION.— 1 (1) IN GENERAL.—The amounts provided under 2 this section are designated as an emergency require- 3 ment pursuant to section 4(g) of the Statutory Pay- 4 As-You-Go Act of 2010 (2 U.S.C. 933(g)). 5 (2) DESIGNATION IN SENATE.—In the Senate, 6 this section is designated as an emergency require- 7 ment pursuant to section 4112(a) of H. Con. Res. 8 71 (115th Congress), the concurrent resolution on 9 the budget for fiscal year 2018. 10 (d) DATE DESCRIBED.—The date described in this 11 subsection is the date on which no new cases of COVID– 12 19 are reported in the United States for a period of not 13 less than 14 consecutive days. 14 SEC. 7. REPORTS TO CONGRESS. 15 (a) SUBMISSION OF PLAN.—Not later than 14 days 16 after the date of enactment of this Act, the Administrator 17 shall submit to Congress a strategic plan that includes 18 monthly, measurable targets, to, as soon as practicable— 19 (1) eliminate all shortages of face masks, sur- 20 gical masks, and N–95 respirator masks; 21 (2) increase domestic production of high-quality 22 masks to the greatest extent possible; 23 (3) provide the greatest number possible of 24 masks manufactured in the United States; 25 VerDate Sep 11 2014 04:03 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4339.IS S4339 kjohnson on DSK79L0C42PROD with BILLS 11 •S 4339 IS (4) distribute masks to the general public and 1 the health care workforce in accordance with this 2 Act; and 3 (5) fulfill all other requirements of this Act. 4 (b) WEEKLY PROGRESS REPORTS.—Beginning 7 5 days after the date on which the strategic plan is sub- 6 mitted under subsection (a), and every 7 days thereafter 7 until the requirements of this Act are met, the Adminis- 8 trator shall submit to Congress a detailed report on the 9 activities undertaken to fulfill the requirements of this Act 10 and a timeline for when such requirements will be fulfilled, 11 which shall include— 12 (1) information on— 13 (A) the use of funds under this Act, pro- 14 vided in an itemized list; 15 (B) the current and projected supply of 16 face masks, surgical masks, and N–95 res- 17 pirator masks; 18 (C) the sources of face masks, surgical 19 masks, and N–95 respirator masks; 20 (D) the distribution of face masks, surgical 21 masks, and N–95 respirator masks, by State, 22 geographic area, and need; 23 VerDate Sep 11 2014 20:56 Aug 11, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4339.IS S4339 kjohnson on DSK79L0C42PROD with BILLS 12 •S 4339 IS (E) the prices paid by the Federal Govern- 1 ment and to which suppliers such amounts were 2 paid; and 3 (2) any other information requested by Con- 4 gress. 5 (c) INSPECTOR GENERAL OVERSIGHT.— 6 (1) IN GENERAL.—The Inspector General of 7 the Department of Homeland Security shall conduct 8 monitoring and oversight of the receipt, disburse [Text truncated for display. 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