[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1342 Introduced in House (IH)]

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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 
 Committee 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 jurisdiction 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the Constitution does not permit a mask mandate through 
        use of exclusively Executive power;
            (2) Congress has not enacted any such law for the President 
        to enforce;
            (3) masks do not fall within any of the Executive 
        authorities, according to article II, section 2 of the United 
        States Constitution;
            (4) even Congress has no authority under the United States 
        Constitution to impose widespread mask mandates on the States 
        and people;
            (5) the Constitution reserves ``police power'', for the 
        protection of health, safety, and morals, to the States;
            (6) even though a State has police power, strict scrutiny 
        is still applied when laws infringe on fundamental liberties, 
        and in such instance, government action is only constitutional 
        when it both achieves a compelling goal and is narrowly 
        tailored or the least restrictive alternative to achieve that 
        goal;
            (7) in our constitutional republic, the Federal Government 
        cannot do as it pleases, but must exercise power only in 
        keeping with the strict limits as enumerated in the 
        Constitution;
            (8) while the Constitution ensures that the Federal 
        Government cannot mandate that all Americans wear masks, any 
        government should not take such an action unless the potential 
        for causing countless Americans to have adverse health impacts 
        is fully considered and studied, and there is no other less 
        restrictive measures that could adequately be taken; and
            (9) although Americans are fully equipped to adjust their 
        activities and lifestyles to account for the risk of SARS-CoV-
        2, including wearing a mask at all times if one should choose 
        to, it is unjust to require all Americans to take an action if 
        that action could mean deteriorated health and even death of 
        some and no exceptions are permitted.

SEC. 2. GAO STUDY ON EFFICACY AND POTENTIAL NEGATIVE IMPACTS OF MASKS 
              TO HUMAN HEALTH.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study on the efficacy and potential negative impacts of masks 
to human health.
    (b) Topics.--The study under subsection (a) shall address each of 
the following:
            (1) Evidence that various mask options (including N-95 
        masks, basic medical masks, and cloth masks) actually prevent 
        the spread of SARS-CoV-2, and to what extent such masks are 
        successful compared to no mask or a less restrictive 
        methodology.
            (2) Evidence regarding any safety concerns with the common 
        types of masks worn (including N-95 masks, basic medical masks, 
        and cloth masks).
            (3) Any adverse side effects of mask wearing.
            (4) Any potential for permanent adverse effects including 
        deaths resulting from mask wearing.
            (5) Any evidence that mask wearing is particularly 
        dangerous if an individual has underlying conditions, to 
        include allergies, asthma, respiratory difficulty, or any other 
        bodily condition that can impact breathing or lung capacity and 
        functioning.
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