117 HR 8408 IH: Federal Mask Mandate Limitations Act
U.S. House of Representatives
2022-07-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
117th CONGRESS
2d Session
H. R. 8408
IN THE HOUSE OF REPRESENTATIVES
July 18, 2022
Mr. Ellzey introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Homeland Security, Energy and Commerce, and Rules, 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 require a time limitation on covered agency mask mandate requirements, and for other purposes.
1.

Short title
This Act may be cited as the “Federal Mask Mandate Limitations Act”.
2.

Mask mandate information requirement
(a)

In general
If the head of a Federal agency issues a requirement for an individual to wear a mask or facial covering on commercial aircraft, airports, trains, public maritime vessels including ferries, and all forms of public transportation defined in section 5302 of title 49, United States Code, such head shall publish in the Federal Register a list of information on which the decision to implement the requirement was based, including a data, scientific, and cost-benefit analysis and the economic impact of such requirement.
(b)

Submission to Congress
Upon the implementation of a requirement described in subsection (a), the head of the covered agency concerned shall submit to Congress and the chairman and ranking member of the Committee on Transportation and Infrastructure, the Committee on Energy and Commerce, and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing—
(1)
a copy of the information described in subsection (a); and
(2)
the proposed effective date of the requirement concerned.
3.

Congressional review of mask requirements
(a)

Congressional review
(1)
(A)
(i)
Before a requirement may take effect, the Federal agency promulgating such requirement shall publish in the Federal Register a list of information on which the requirement is based, including data, scientific and economic studies, and cost-benefit analyses, and identify how the public can access such information online, and shall submit to each House of the Congress and to the Comptroller General a report containing—
(I)
a copy of the requirement;
(II)
a concise general statement relating to the requirement;
(III)
a list of any other related regulatory actions intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions; and
(IV)
the proposed effective date of the requirement.
(ii)
On the date of the submission of the report under clause (i), the Federal agency promulgating the requirement shall submit to the Comptroller General and make available to each House of Congress—
(I)
a complete copy of the cost-benefit analysis of the requirement, if any, including an analysis of any jobs added or lost, differentiating between public and private sector jobs;
(II)
the agency’s actions pursuant to sections 603, 604, 605, 607, and 609 of title 5, United States Code;
(III)
the agency’s actions pursuant to sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; and
(IV)
any other relevant information or requirements under any other Act and any relevant Executive orders.
(iii)
Upon receipt of a report submitted under clause (i), each House shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the requirement is issued.
(B)
(i)
The Comptroller General shall provide a report on each requirement to the committees of jurisdiction by the end of 15 calendar days after the submission or publication date. The report of the Comptroller General shall include an assessment of the agency’s compliance with procedural steps required by subparagraph (A)(ii) and an assessment of whether the requirement imposes any new limits or mandates on private-sector activity.
(ii)
Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General’s report under clause (i).
(C)
A requirement relating to a report submitted under subparagraph (A) shall take effect upon enactment of a joint resolution of approval described in subsection (b) or as provided for in the requirement following enactment of a joint resolution of approval described in subsection (b), whichever is later.
(D)
If a joint resolution of approval relating to a requirement is not enacted within the period provided in paragraph (2)(B), then a joint resolution of approval relating to the same requirement may not be considered under this section in the same Congress by either the House of Representatives or the Senate.
(2)
(A)
A requirement shall not take effect unless the Congress enacts a joint resolution of approval described under subsection (b).
(B)
If a joint resolution described in paragraph (1) is not enacted into law by the end of 70 session days or legislative days, as applicable, beginning on the date on which the report referred to in paragraph (1)(A)(i) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), then the requirement described in that resolution shall be deemed not to be approved and such requirement shall not take effect.
(3)
(A)
Notwithstanding any other provision of this section (except subject to subparagraph (C)), a requirement may take effect for one 90-calendar-day period if the President makes a determination under subparagraph (B) and submits written notice of such determination to the Congress.
(B)
Subparagraph (A) applies to a determination made by the President by Executive order that the requirement should take effect because such requirement is—
(i)
necessary because of an imminent threat to health or safety or other emergency;
(ii)
necessary for the enforcement of criminal laws; or
(iii)
necessary for national security;
(C)
An exercise by the President of the authority under this subsection shall have no effect on the procedures under subsection (b).
(4)
(A)
In addition to the opportunity for review otherwise provided under this section, in the case of any requirement for which a report was submitted in accordance with paragraph (1)(A)(i) during the period beginning on the date occurring—
(i)
in the case of the Senate, 60 session days; or
(ii)
in the case of the House of Representatives, 60 legislative days, before the date the Congress is scheduled to adjourn a session of Congress through the date on which the same or succeeding Congress first convenes its next session, sections 802 shall apply to such requirement in the succeeding session of Congress.
(B)
(i)
In applying subsection (b) for purposes of such additional review, a requirement described under subparagraph (A) shall be treated as though—
(I)
such requirement were published in the Federal Register on—
- (aa)
in the case of the Senate, the 15th session day; or
- (bb)
in the case of the House of Representatives, the 15th legislative day, after the succeeding session of Congress first convenes; and
(II)
a report on such requirement were submitted to Congress under paragraph (1)(A) on such date.
(ii)
Nothing in this paragraph shall be construed to affect the requirement under paragraph (1)(A) that a report shall be submitted to Congress before a requirement can take effect.
(C)
A requirement described under subparagraph (A) shall take effect as otherwise provided by law (including other subsections of this section).
(b)

Congressional approval procedure for requirements
(1)
(A)
For purposes of this section, the term ‘joint resolution’ means only a joint resolution addressing a report classifying a requirement pursuant to subsection (a)(1)(A)(i)(III) that—
(i)
bears no preamble;
(ii)
bears the following title (with blanks filled as appropriate): “Approving the requirement submitted by ___ relating to ___.”;
(iii)
includes after its resolving clause only the following (with blanks filled as appropriate): “That Congress approves the requirement submitted by ___ relating to ___.”; and
(iv)
is introduced pursuant to subparagraph (B).
(B)
After a House of Congress receives a report classifying a requirement pursuant to subsection (a)(1)(A)(i)(III), the majority leader of that House (or his or her respective designee) shall introduce (by request, if appropriate) a joint resolution described in subparagraph (A)—
(i)
in the case of the House of Representatives, within 3 legislative days; and
(ii)
in the case of the Senate, within 3 session days.
(C)
A joint resolution described in subparagraph (A) shall not be subject to amendment at any stage of proceeding.
(2)
A joint resolution described in paragraph (1) shall be referred in each House of Congress to the committees having jurisdiction over the provision of law under which the requirement is issued.
(3)
In the Senate, if the committee or committees to which a joint resolution described in paragraph (1) has been referred have not reported it at the end of 15 session days after its introduction, such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution.
(4)
(A)
In the Senate, when the committee or committees to which a joint resolution is referred have reported, or when a committee or committees are discharged (under paragraph (3)) from further consideration of a joint resolution described in paragraph (1), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of.
(B)
In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order.
(C)
In the Senate, immediately following the conclusion of the debate on a joint resolution described in paragraph (1), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur.
(D)
Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in paragraph (1) shall be decided without debate.
(5)
In the House of Representatives, if any committee to which a joint resolution described in paragraph (1) has been referred has not reported it to the House at the end of 15 legislative days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On the second and fourth Thursdays of each month it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 5 legislative days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken by the third Thursday on which the Speaker may recognize a Member under this subsection, such vote shall be taken on that day.
(6)
(A)
If, before passing a joint resolution described in paragraph (1), one House receives from the other a joint resolution having the same text, then—
(i)
the joint resolution of the other House shall not be referred to a committee; and
(ii)
the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House until the vote on passage, when the joint resolution received from the other House shall supplant the joint resolution of the receiving House.
(B)
This subsection shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure.
(7)
If either House has not taken a vote on final passage of the joint resolution by the last day of the period described in subsection (a)(2)(B), then such vote shall be taken on that day.
(8)
This section is enacted by Congress—
(A)
as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such are deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in paragraph (1) and superseding other rules only where explicitly so; and
(B)
with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.
(c)

Definitions
For purposes of this section:
(1)
The term “Federal agency” means the Department of Transportation, the Department of Homeland Security (including the Transportation Security Administration), and the Department of Health and Human Services.
(2)
The term “requirement” means any mask requirement described in section 2.
(3)
The term “submission or publication date”, except as otherwise provided in this section, means the date on which the Congress receives the report submitted under subsection (a)(1)(A).