[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3486 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 3486

 To provide, manufacture, and distribute high quality N-95 respirator 
  masks for every individual in the United States during the COVID-19 
       pandemic using the Defense Production Act and other means.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 12 (legislative day, January 10), 2022

Mr. Sanders (for himself, Ms. Baldwin, Mr. Bennet, Mr. Blumenthal, Mr. 
 Booker, Ms. Duckworth, Mrs. Gillibrand, Mr. Markey, Mr. Merkley, Mr. 
   Padilla, Mr. Peters, Mr. Schumer, Ms. Smith, Mr. Van Hollen, Ms. 
  Warren, Mr. Wyden, and Mr. Heinrich) 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 N-95 respirator 
  masks for every individual in the United States during the COVID-19 
       pandemic 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 2022''.

SEC. 2. REQUIREMENT TO ELIMINATE MASK SHORTAGES.

    The President, acting through the Administrator, shall, as soon as 
practicable--
            (1) eliminate all shortages of N-95 respirator masks in the 
        United States;
            (2) manufacture N-95 respirator masks, to the greatest 
        extent practicable, in the United States; and
            (3) distribute N-95 respirator masks 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 N-95 respirator 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 N-95 respirator masks under this section shall not be charged for 
the N-95 respirator masks, for the delivery of the N-95 respirator 
masks, or for any other administrative cost relating to the N-95 
respirator masks.
    (c) Prohibition on Identification Requirement.--An individual that 
receives a supply of N-95 respirator masks under this section shall not 
be required to provide identification or proof of citizenship in order 
to receive the N-95 respirator masks.
    (d) Deliveries.--To the greatest extent possible, N-95 respirator 
masks provided under this section shall be delivered using the United 
States Postal Service.
    (e) Educational Materials.--
            (1) In general.--N-95 respirator masks provided under this 
        section shall be accompanied by a 1-page fact sheet on the 
        importance of wearing N-95 respirator masks, the proper use of 
        N-95 respirator masks, and the nearest N-95 respirator 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 (42 
        U.S.C. 12101 et seq.) for reading by the visually impaired.
    (f) Mask Pickup Sites.--
            (1) In general.--The Administrator shall designate N-95 
        respirator mask pickup sites in each community and shall 
        provide N-95 respirator 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 N-95 respirator mask pickup sites under paragraph (1), 
        the Administrator shall choose--
                    (A) a location of a public entity, organization, or 
                business that provides essential services to 
                communities, such as a post office, community pharmacy, 
                Federally-qualified health center, senior center, 
                congregate meal site, and COVID-19 testing or 
                vaccination 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 an N-95 respirator mask pickup site under paragraph (1)--
                    (A) no individual shall be required to make a 
                purchase in order to pick up N-95 respirator 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 N-
                        95 respirator masks provided by the Federal 
                        Government; and
                            (ii) meets the requirements described in 
                        subsection (e)(2).
    (g) Developments in N-95 Respirator Masks.--
            (1) In general.--For purposes of delivering and providing 
        the best available N-95 respirator masks under this section, 
        the Administrator shall consider new designs to create the most 
        comfortable, well-fitting, and effective N-95 respirator masks 
        that--
                    (A) have adjustable sizing; or
                    (B) are available in different sizes, including 
                sizes for children.
            (2) Flexibility.--For the purpose of fulfilling the 
        requirements of this section, the Administrator may distribute 
        respirator masks that--
                    (A) are equivalent to N-95 respirator masks; and
                    (B) have been tested by the Federal Government.
            (3) Strategic national stockpile.--If significant 
        improvements in N-95 respirator mask technology are made 
        available, the Administrator, in coordination with the 
        Secretary, shall ensure that such N-95 respirator 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 N-95 
respirator mask 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 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 
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 and domestically manufacture N-95 respirator masks and 
        support the domestic manufacturing of N-95 respirator masks, 
        including emergency authorities, such as the Defense Production 
        Act of 1950 (50 U.S.C. 4501 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 N-95 respirator masks.
    (b) Requirement.--Any 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 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 N-95 respirator 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 house and senate.--This section is 
        designated as an emergency requirement pursuant to subsections 
        (a) and (b) of section 4001 of S. Con. Res. 14 (117th 
        Congress), the concurrent resolution on the budget for fiscal 
        year 2022.
    (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 N-95 respirator masks;
            (2) increase domestic production of N-95 respirator masks 
        to the greatest extent possible;
            (3) provide the greatest number possible of N-95 respirator 
        masks manufactured in the United States;
            (4) distribute N-95 respirator 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 N-95 
                respirator masks;
                    (C) the sources of N-95 respirator masks;
                    (D) the distribution of N-95 respirator masks by 
                State, geographic area, and need; and
                    (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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