Masks for All Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7836 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 HOUSE OF REPRESENTATIVES JULY 29, 2020 Mr. KHANNA (for himself, Mrs. TRAHAN, Mrs. WATSON COLEMAN, Mrs. BEATTY, Mr. CARSON of Indiana, Mr. CICILLINE, Ms. CLARKE of New York, Mr. GARCI´A of Illinois, Mr. GRIJALVA, Ms. HAALAND, Mr. KEN- NEDY, Ms. LEE of California, Mr. TED LIEU of California, Mr. LOWENTHAL, Mr. MCNERNEY, Mr. NEGUSE, Ms. NORTON, Ms. OCASIO- CORTEZ, Ms. OMAR, Mr. PAYNE, Mr. POCAN, Ms. PRESSLEY, Mr. RUSH, Ms. SCANLON, Ms. SEWELL of Alabama, Ms. SHALALA, Mr. SOTO, Ms. TLAIB, Mr. VARGAS, Ms. VELA´ZQUEZ, Mr. WELCH, and Ms. JAYAPAL) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Financial Services, Energy and Commerce, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned 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 VerDate Sep 11 2014 20:40 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7836.IH H7836 khammond on DSKJM1Z7X2PROD with BILLS 2 •HR 7836 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Masks for All Act of 2 2020’’. 3 SEC. 2. REQUIREMENT TO ELIMINATE MASK SHORTAGES. 4 The President, acting through the Administrator, 5 shall, as soon as practicable— 6 (1) eliminate all shortages of face masks, sur- 7 gical masks, and N–95 respirator masks in the 8 United States; 9 (2) manufacture the masks described in para- 10 graph (1), to the greatest extent practicable, in the 11 United States; and 12 (3) distribute the masks described in paragraph 13 (1) to the general public and the health care work- 14 force in accordance with this Act. 15 SEC. 3. PROVIDING HIGH-QUALITY FACE MASKS TO EVERY 16 INDIVIDUAL IN THE UNITED STATES. 17 (a) IN GENERAL.—Not later than 30 days after the 18 date of enactment of this Act, the Administrator shall es- 19 tablish a program to provide a supply of 3 high-quality, 20 reusable face masks to every individual in the United 21 States, including individuals— 22 (1) experiencing homelessness; and 23 (2) living in group quarters, as defined by the 24 Census Bureau for the purposes of the most recent 25 decennial census. 26 VerDate Sep 11 2014 00:23 Aug 20, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7836.IH H7836 khammond on DSKJM1Z7X2PROD with BILLS 3 •HR 7836 IH (b) NO COST TO INDIVIDUALS.—An individual that 1 receives a supply of face masks under this section shall 2 not be charged for the face masks, for the delivery of the 3 face masks, or for any other administrative cost related 4 to the face masks. 5 (c) PROHIBITION ON IDENTIFICATION REQUIRE- 6 MENT.—An individual that receives a supply of face masks 7 under this section shall not be required to provide identi- 8 fication or proof of citizenship in order to receive the face 9 masks. 10 (d) DELIVERIES.—To the greatest extent possible, 11 face masks under this section shall be delivered using the 12 United States Postal Service. 13 (e) EDUCATIONAL MATERIALS.— 14 (1) IN GENERAL.—Face masks provided under 15 this section shall be accompanied by a 1-page fact 16 sheet on the importance of wearing face masks, the 17 proper use of face masks, and the nearest face mask 18 pickup sites designated under subsection (f). 19 (2) REQUIREMENTS.—The information included 20 in the fact sheet required under paragraph (1) shall 21 be— 22 (A) scientifically and medically accurate; 23 (B) written for a layperson; 24 VerDate Sep 11 2014 00:23 Aug 20, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7836.IH H7836 khammond on DSKJM1Z7X2PROD with BILLS 4 •HR 7836 IH (C) presented in a size and type of font 1 that is easy to read; and 2 (D) provided in the languages that are 3 most appropriate for the community. 4 (3) PUBLICATION OF INFORMATION.—The in- 5 formation included in the fact sheet required under 6 paragraph (1) shall be published on the public 7 website of the Federal Emergency Management 8 Agency and the Department of Health and Human 9 Services in multiple languages and in a manner that 10 is in compliance with the Americans with Disabilities 11 Act of 1990 for reading by the visually impaired. 12 (f) FACE MASK PICKUP SITES.— 13 (1) IN GENERAL.—The Administrator shall des- 14 ignate face mask pickup sites in each community 15 and shall provide face masks to each site, allocated 16 according to population, to be distributed to the gen- 17 eral public at no cost to the public. 18 (2) REQUIREMENTS FOR DESIGNATION OF 19 SITES.—In designating sites as face mask pickup 20 sites under paragraph (1), the Administrator shall 21 choose— 22 (A) a location of a public entity, organiza- 23 tion, or business that is providing essential 24 services to communities, such as a post office, 25 VerDate Sep 11 2014 00:23 Aug 20, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7836.IH H7836 khammond on DSKJM1Z7X2PROD with BILLS 5 •HR 7836 IH community pharmacy, Federally-qualified health 1 center, senior center, congregate meal site, and 2 COVID–19 testing site; 3 (B) a location that is easily accessible and 4 appropriate to maximize the public health re- 5 sponse to COVID–19; and 6 (C) when possible, a location that is feder- 7 ally operated or is a recipient of Federal funds. 8 (3) REQUIREMENT FOR PICKUP SITES.—If a 9 site is designated as a face mask pickup site under 10 paragraph (1)— 11 (A) no individual shall be required to make 12 a purchase in order to pick up masks at such 13 location; and 14 (B) the site shall agree to display informa- 15 tion, supplied by the Administrator, in a promi- 16 nent location that— 17 (i) advertises the availability of free 18 face masks provided by the Federal Gov- 19 ernment; and 20 (ii) meets the requirements described 21 in subsection (e)(2). 22 (g) NEW TECHNOLOGY.— 23 (1) IN GENERAL.—For purposes of delivering 24 and providing the best available masks under this 25 VerDate Sep 11 2014 00:23 Aug 20, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7836.IH H7836 khammond on DSKJM1Z7X2PROD with BILLS 6 •HR 7836 IH section, the Administrator shall consider new designs 1 to create the most comfortable, well-fitting, reusable, 2 and 2-way face masks that have adjustable sizing. 3 (2) STRATEGIC NATIONAL STOCKPILE.—If sig- 4 nificant improvements in face mask technology are 5 made available, the Administrator, in coordination 6 with the Secretary, shall ensure that such face 7 masks are included in the strategic national stock- 8 pile. 9 (h) REQUIRED COORDINATION AND CONSULTA- 10 TION.— 11 (1) COORDINATION.—In carrying out this sec- 12 tion, the Administrator shall coordinate with the 13 Secretary, the Assistant Secretary, the Postmaster 14 General, and the heads of any other appropriate 15 Federal departments or agencies. 16 (2) CONSULTATION.—In carrying out this sec- 17 tion, the Administrator shall consult with States, 18 units of local government, pickup sites, and appro- 19 priate labor unions, including labor organizations 20 representing employees of the United States Postal 21 Service. 22 (i) EFFECT ON REQUESTS FOR PERSONAL PROTEC- 23 TIVE EQUIPMENT.—Any face masks provided under this 24 section shall not be taken into account for purposes of the 25 VerDate Sep 11 2014 00:23 Aug 20, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7836.IH H7836 khammond on DSKJM1Z7X2PROD with BILLS 7 •HR 7836 IH Federal Government responding to State or health care 1 provider requests for surgical masks, N–95 respirator 2 masks, personal protective equipment, or other supplies 3 related to COVID–19. 4 SEC. 4. HEALTH CARE WORKFORCE. 5 (a) IN GENERAL.—Not later than 30 days after the 6 date of enactment of this Act, the Administrator shall pro- 7 vide surgical masks and N–95 respirator masks to all indi- 8 viduals working in health care settings in the United 9 States that are experiencing a shortage of such masks, in- 10 cluding settings that have a short-term supply of such 11 masks and settings that are practicing extended use and 12 re-use of such masks, if such masks are single-use masks. 13 (b) NO COST TO PERSONS OR STATES.—A person or 14 State that receives surgical masks and N–95 respirator 15 masks under this section shall not be charged for the 16 masks, for the delivery of the masks, or for any other ad- 17 ministrative cost related to the masks. 18 (c) REQUIRED COORDINATION.—In carrying out this 19 section, the Administrator shall coordinate— 20 (1) with the Secretary, the Assistant Secretary, 21 the Postmaster General, and the heads of any other 22 appropriate Federal departments or agencies; and 23 (2) to the greatest extent practicable, with 24 other Federal programs that provide masks or other 25 VerDate Sep 11 2014 00:23 Aug 20, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7836.IH H7836 khammond on DSKJM1Z7X2PROD with BILLS 8 •HR 7836 IH personal protective equipment to individuals working 1 in health care settings. 2 (d) REQUIRED CONSULTATION.—In carrying out this 3 section, the Administrator shall consult with health care 4 providers and labor organizations representing health pro- 5 fessionals and other individuals working in health care set- 6 tings. 7 SEC. 5. USE OF AUTHORITIES. 8 (a) IN GENERAL.—In carrying out this Act— 9 (1) the President shall make use of any and all 10 available authorities at the disposal of the Federal 11 Government to procure, domestically manufacture, 12 support the domestic manufacturing of face masks, 13 and distribute face masks, surgical masks, and N– 14 95 respirator masks, including emergency authori- 15 ties, such as the Defense Production Act of 1950 16 (50 U.S.C. 4511 et seq.), the National Emergencies 17 Act (50 U.S.C. 1601 et seq.), and the Robert T. 18 Stafford Disaster Relief and Emergency Assistance 19 Act (42 U.S.C. 5121 et seq.); and 20 (2) the Administrator shall make use of au- 21 thorities delegated to the Administrator under title 22 I and title III of the Defense Production Act of 23 1950 (50 U.S.C. 4511 et seq.) to increase domestic 24 production of masks. 25 VerDate Sep 11 2014 00:23 Aug 20, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7836.IH H7836 khammond on DSKJM1Z7X2PROD with BILLS 9 •HR 7836 IH (b) REQUIREMENT.—Any face masks, surgical 1 masks, and N–95 respirator masks procured or manufac- 2 tured for purposes of carrying out this Act shall be pur- 3 chased in accordance with Federal Acquisition Regulation 4 guidance on fair and reasonable pricing. 5 (c) EXCESS MASKS.—Any face masks, surgical 6 masks, and N–95 respirator masks in the possession of 7 the Federal Emergency Management Agency or the De- 8 partment of Health and Human Services for purposes of 9 carrying out this Act that have not been distributed as 10 of the date described in section 6(d) shall be added to the 11 strategic national stockpile. 12 SEC. 6. APPROPRIATION; LIMITATIONS. 13 (a) APPROPRIATION.—There is appropriated, out of 14 amounts in the Treasury not otherwise appropriated, 15 $5,000,000,000, to remain available until the date de- 16 scribed in subsection (d), to the Administrator to carry 17 out this Act, provided that the Administrator uses such 18 amounts as are necessary to reimburse the United States 19 Postal Service for the delivery of masks under this Act. 20 (b) LIMITATION.—No funds made available under 21 this section shall be provided to— 22 (1) any person who is a Federal elected official 23 or serving in a Senior Executive Service position; or 24 VerDate Sep 11 2014 00:23 Aug 20, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7836.IH H7836 khammond on DSKJM1Z7X2PROD with BILLS 10 •HR 7836 IH (2) any entity that is controlled in whole or in 1 part by a Federal elected official or serving in a 2 Senior Executive Service position. 3 (c) EMERGENCY DESIGNATION.— 4 (1) IN GENERAL.—The amounts provided under 5 this section are designated as an emergency require- 6 ment pursuant to section 4(g) of the Statutory Pay- 7 As-You-Go Act of 2010 (2 U.S.C. 933(g)). 8 (2) DESIGNATION IN SENATE.—In the Senate, 9 this section is designated as an emergency require- 10 ment pursuant to section 4112(a) of H. Con. Res. 11 71 (115th Congress), the concurrent resolution on 12 the budget for fiscal year 2018. 13 (d) DATE DESCRIBED.—The date described in this 14 subsection is the date on which no new cases of COVID– 15 19 are reported in the United States for a period of not 16 less than 14 consecutive days. 17 SEC. 7. REPORTS TO CONGRESS. 18 (a) SUBMISSION OF PLAN.—Not later than 14 days 19 after the date of enactment of this Act, the Administrator 20 shall submit to Congress a strategic plan that includes 21 monthly, measurable targets, to, as soon as practicable— 22 (1) eliminate all shortages of face masks, sur- 23 gical masks, and N–95 respirator masks; 24 VerDate Sep 11 2014 00:23 Aug 20, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7836.IH H7836 khammond on DSKJM1Z7X2PROD with BILLS 11 •HR 7836 IH (2) increase domestic production of high-quality 1 masks to the greatest extent possible; 2 (3) provide the greatest number possible of 3 masks manufactured in the United States; 4 (4) distribute masks to the general public and 5 the health care workforce in accordance with this 6 Act; and 7 (5) fulfill all other requirements of this Act. 8 (b) WEEKLY PROGRESS REPORTS.—Beginning 7 9 days after the date of on which the strategic plan is sub- 10 mitted under subsection (a), and every 7 days thereafter 11 until the requirements of this Act are met, the Adminis- 12 trator shall submit to Congress a detailed report on the 13 activities undertaken to fulfill the requirements of this Act 14 and a timeline for when such requirements will be fulfilled, 15 which shall include— 16 (1) information on— 17 (A) the use of funds under this Act, pro- 18 vided in an itemized list; 19 (B) the current and projected supply of 20 face masks, surgical masks, and N–95 res- 21 pirator masks; 22 (C) the sources of face masks, surgical 23 masks, and N–95 respirator masks; 24 VerDate Sep 11 2014 00:23 Aug 20, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7 [Text truncated for display. 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