[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4948 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4948

 To provide funds for addressing COVID-19 conditioned on requiring the 
        use of face coverings in public, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 2, 2020

 Mr. Markey (for himself and Mr. Blumenthal) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To provide funds for addressing COVID-19 conditioned on requiring the 
        use of face coverings in public, and for other purposes.

    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 ``Encouraging Masks for All Act of 
2020''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The widespread use of face coverings by the public is 
        essential to help slow the spread of the virus that causes 
        COVID-19 and help prevent the transmission of such virus by 
        individuals who do not show symptoms.
            (2) The Government has an interest in encouraging the use 
        of face coverings in public and each place of business to 
        protect the health of populations that are at a higher risk of 
        developing severe illness from COVID-19, including--
                    (A) the immunocompromised;
                    (B) individuals who are 65 years of age or older; 
                and
                    (C) individuals living with chronic lung disease, 
                moderate to severe asthma, serious heart conditions, 
                diabetes, chronic kidney disease, severe obesity, or 
                liver disease.
            (3) Overwhelming scientific evidence has shown that face 
        coverings block a high portion of respiratory droplets that 
        spread the virus that causes COVID-19.
            (4) Evidence from an international cross-disciplinary 
        review of scientific research has shown that--
                    (A) using a face covering in public is most 
                effective at reducing the spread of COVID-19 when 
                compliance is high; and
                    (B) transmission in a community is substantially 
                lower when individuals are required to use a face 
                covering or where the use of a face covering is 
                widespread.
            (5) The widespread use of face coverings substantially 
        reduces the number of fatalities, the cases of severe illness, 
        and continued economic losses that result from transmission of 
        the virus that causes COVID-19.
            (6) The widespread use of face coverings is necessary (but 
        not by itself sufficient) to slow the spread of the virus that 
        causes COVID-19 and should be promoted along with regular 
        handwashing, social distancing, testing, and minimizing 
        nonessential activities outside of the household.

SEC. 3. USE OF FACE COVERINGS IN PUBLIC.

    (a) Conditional Funding With Respect to Face Coverings.--
            (1) In general.--The Secretary of Health and Human Services 
        (in this Act referred to as the ``Secretary''), acting through 
        the Director of the Centers for Disease Control and Prevention, 
        using amounts appropriated under paragraph (3), shall award a 
        grant to each State, territory, local government, and Tribal 
        government that, during the emergency period, subject to the 
        exceptions under paragraph (2), requires the use of face 
        coverings in public (including in each place of business) in 
        the respective jurisdiction, consistent with public health 
        guidelines issued by the Centers for Disease Control and 
        Prevention. The grants awarded under this paragraph shall be in 
        such amount as the Secretary determines appropriate, and shall 
        be used by the recipient for purposes of carrying out 
        activities related to the prevention of the transmission of 
        COVID-19 in the applicable jurisdiction.
            (2) Exceptions.--The face covering requirement of a State, 
        territory, local government, or Tribal government described in 
        paragraph (1) may provide for exceptions with respect to--
                    (A) outdoor spaces where individuals may maintain a 
                distance of at least 6 feet from other individuals who 
                are not members of the same household;
                    (B) any individual who--
                            (i) is under 2 years of age;
                            (ii) has a medical condition in which 
                        wearing a face covering could obstruct the 
                        ability of the individual to breathe;
                            (iii) is unable to remove a face covering 
                        without assistance; or
                            (iv) is receiving a service that requires 
                        temporary removal of the face covering, 
                        including a service with respect to a food or 
                        beverage; or
                    (C) other circumstances, as determined by the 
                Secretary, provided that any exception under this 
                subparagraph shall be approved by the Director of the 
                Centers for Disease Control and Prevention and the 
                Director of the National Institute of Allergy and 
                Infectious Disease.
            (3) Appropriations.--
                    (A) In general.--There are hereby appropriated to 
                the Public Health and Social Services Emergency Fund, 
                out of amounts in the Treasury not otherwise 
                appropriated, $5,000,000,000, for transfer to the 
                Secretary for the purpose of awarding grants under 
                paragraph (1).
                    (B) Emergency designation.--
                            (i) In general.--The amounts provided by 
                        this paragraph 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)).
                            (ii) Designation in senate.--In the Senate, 
                        this paragraph 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.
    (b) Grants To Promote Face Coverings.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Secretary may award grants to 
        States, territories, and Tribal governments to promote access 
        to, and use of, face coverings for the purpose of minimizing 
        the risk of exposure to COVID-19, including installing face 
        covering dispensers in public.
            (2) Application.--To be eligible for a grant under this 
        section, a State, territory, and Tribal government shall submit 
        to the Secretary an application at such time, in such form, and 
        containing such information as the Secretary determines 
        appropriate, including a certification that the State will meet 
        the requirements under paragraph (3).
            (3) Use of funds.--A State, territory, and Tribal 
        government that receives a grant under this section shall use 
        grant funds to promote access to face coverings for the purpose 
        of minimizing the risk of exposure to COVID-19 in accordance 
        with--
                    (A) guidelines determined necessary by the 
                Secretary; and
                    (B) guidelines provided by the Centers for Disease 
                Control and Prevention with respect to the use of face 
                coverings.
            (4) Appropriations.--There is authorized to be appropriated 
        to carry out this section $75,000,000 for the period of fiscal 
        years 2021 through 2022.
    (c) Definitions.--
            (1) Emergency period.--The term ``emergency period'' has 
        the meaning given such term in section 1135(g)(1)(B) of the 
        Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)).
            (2) Face covering.--The term ``face covering'' means any 
        material that covers the nose and mouth of an individual.

SEC. 4. FACE COVERINGS REQUIRED IN FEDERAL FACILITIES.

    (a) Face Coverings Required.--Each Federal agency shall take action 
to ensure that an individual is required to wear a face covering if 
such individual is--
            (1) inside a Federal facility under the jurisdiction of 
        such agency; and
            (2) within 6 feet of another individual.
    (b) Enforcement.--A Federal agency may remove or deny service to an 
individual who fails to wear a face covering in accordance with 
subsection (a).
    (c) Provision of Face Coverings.--Each Federal agency shall make 
face coverings available at each entrance to a Federal facility at 
which such agency maintains a presence.
    (d) Funding.--A Federal agency shall use funds otherwise 
appropriated to such agency to carry out this section.
    (e) Definitions.--In this section, the following definitions apply:
            (1) Capitol buildings.--The term ``Capitol Buildings'' has 
        the meaning given such term in section 5101 of title 40, United 
        States Code.
            (2) Face covering.--The term ``face covering'' means any 
        material that covers the nose and mouth of an individual.
            (3) Federal agency.--The term ``Federal agency'' has the 
        meaning given such term in section 102 of title 40, United 
        States Code, except that with respect to Capitol Buildings the 
        Office of the Architect of the Capitol shall be treated as the 
        relevant Federal agency.
            (4) Federal facility.--The term ``Federal facility'' 
        means--
                    (A) a building or any part thereof owned or leased 
                by the Federal Government for use by a Federal agency; 
                and
                    (B) the Capitol Buildings or any part thereof.
    (f) Termination.--The requirements of this section shall cease to 
have effect on the date on which the Director of the National Institute 
of Allergy and Infectious Diseases determines, and publishes in the 
Federal Register a notification of such determination, that the 
requirement to wear a face covering is no longer necessary to prevent 
transmission of SARS-CoV-2.
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