[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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