II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Masks for All Act of 

5 2020’’. 


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1 SEC. 2. REQUIREMENT TO ELIMINATE MASK SHORTAGES. 

2 The President, acting through the Administrator, 

3 shall, as soon as practicable— 

4 (1) eliminate all shortages of face masks, sur5 gical masks, and N–95 respirator masks in the 

6 United States; 

7 (2) manufacture the masks described in para8 graph (1), to the greatest extent practicable, in the 

9 United States; and 

10 (3) distribute the masks described in paragraph 

11 (1) to the general public and the health care work12 force in accordance with this Act. 

13 SEC. 3. PROVIDING HIGH-QUALITY FACE MASKS TO EVERY 

14 INDIVIDUAL IN THE UNITED STATES. 

15 (a) IN GENERAL.—Not later than 30 days after the 

16 date of enactment of this Act, the Administrator shall es17 tablish a program to provide a supply of 3 high-quality, 

18 reusable face masks to every individual in the United 

19 States, including individuals— 

20 (1) experiencing homelessness; and 

21 (2) living in group quarters, as defined by the 

22 Census Bureau for the purposes of the most recent 

23 decennial census. 

24 (b) NO COST TO INDIVIDUALS.—An individual that 

25 receives a supply of face masks under this section shall 

26 not be charged for the face masks, for the delivery of the 


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1 face masks, or for any other administrative cost related 

2 to the face masks. 

3 (c) PROHIBITION ON IDENTIFICATION REQUIRE4 MENT.—An individual that receives a supply of face masks 

5 under this section shall not be required to provide identi6 fication or proof of citizenship in order to receive the face 

7 masks. 

8 (d) DELIVERIES.—To the greatest extent possible, 

9 face masks under this section shall be delivered using the 

10 United States Postal Service. 

11 (e) EDUCATIONAL MATERIALS.— 

12 (1) IN GENERAL.—Face masks provided under 

13 this section shall be accompanied by a 1-page fact 

14 sheet on the importance of wearing face masks, the 

15 proper use of face masks, and the nearest face mask 

16 pickup sites designated under subsection (f). 

17 (2) REQUIREMENTS.—The information included 

18 in the fact sheet required under paragraph (1) shall 

19 be— 

20 (A) scientifically and medically accurate; 

21 (B) written for a layperson; 

22 (C) presented in a size and type of font 

23 that is easy to read; and 

24 (D) provided in the languages that are 

25 most appropriate for the community. 


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1 (3) PUBLICATION OF INFORMATION.—The in2 formation included in the fact sheet required under 

3 paragraph (1) shall be published on the public 

4 website of the Federal Emergency Management 

5 Agency and the Department of Health and Human 

6 Services in multiple languages and in a manner that 

7 is in compliance with the Americans with Disabilities 

8 Act of 1990 for reading by the visually impaired. 

9 (f) FACE MASK PICKUP SITES.— 

10 (1) IN GENERAL.—The Administrator shall des11 ignate face mask pickup sites in each community 

12 and shall provide face masks to each site, allocated 

13 according to population, to be distributed to the gen14 eral public at no cost to the public. 

15 (2) REQUIREMENTS FOR DESIGNATION OF

16 SITES.—In designating sites as face mask pickup 

17 sites under paragraph (1), the Administrator shall 

18 choose— 

19 (A) a location of a public entity, organiza20 tion, or business that is providing essential 

21 services to communities, such as a post office, 

22 community pharmacy, Federally-qualified health 

23 center, senior center, congregate meal site, and 

24 COVID–19 testing site; 


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1 (B) a location that is easily accessible and 

2 appropriate to maximize the public health re3 sponse to COVID–19; and 

4 (C) when possible, a location that is feder5 ally operated or is a recipient of Federal funds. 

6 (3) REQUIREMENT FOR PICKUP SITES.—If a 

7 site is designated as a face mask pickup site under 

8 paragraph (1)— 

9 (A) no individual shall be required to make 

10 a purchase in order to pick up masks at such 

11 location; and 

12 (B) the site shall agree to display informa13 tion, supplied by the Administrator, in a promi14 nent location that— 

15 (i) advertises the availability of free 

16 face masks provided by the Federal Gov17 ernment; and 

18 (ii) meets the requirements described 

19 in subsection (e)(2). 

20 (g) NEW TECHNOLOGY.— 

21 (1) IN GENERAL.—For purposes of delivering 

22 and providing the best available masks under this 

23 section, the Administrator shall consider new designs 

24 to create the most comfortable, well-fitting, reusable, 

25 and 2-way face masks that have adjustable sizing. 


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1 (2) STRATEGIC NATIONAL STOCKPILE.—If sig2 nificant improvements in face mask technology are 

3 made available, the Administrator, in coordination 

4 with the Secretary, shall ensure that such face 

5 masks are included in the strategic national stock6 pile. 

7 (h) REQUIRED COORDINATION AND CONSULTA8 TION.— 

9 (1) COORDINATION.—In carrying out this sec10 tion, the Administrator shall coordinate with the 

11 Secretary, the Assistant Secretary, the Postmaster 

12 General, and the heads of any other appropriate 

13 Federal departments or agencies. 

14 (2) CONSULTATION.—In carrying out this sec15 tion, the Administrator shall consult with States, 

16 units of local government, pickup sites, and appro17 priate labor unions, including labor organizations 

18 representing employees of the United States Postal 

19 Service. 

20 (i) EFFECT ON REQUESTS FOR PERSONAL PROTEC21 TIVE EQUIPMENT.—Any face masks provided under this 

22 section shall not be taken into account for purposes of the 

23 Federal Government responding to State or health care 

24 provider requests for surgical masks, N–95 respirator 


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1 masks, personal protective equipment, or other supplies 

2 related to COVID–19. 

3 SEC. 4. HEALTH CARE WORKFORCE. 

4 (a) IN GENERAL.—Not later than 30 days after the 

5 date of enactment of this Act, the Administrator shall pro6 vide surgical masks and N–95 respirator masks to all indi7 viduals working in health care settings in the United 

8 States that are experiencing a shortage of such masks, in9 cluding settings that have a short-term supply of such 

10 masks and settings that are practicing extended use and 

11 re-use of such masks, if such masks are single-use masks. 

12 (b) NO COST TO PERSONS OR STATES.—A person or 

13 State that receives surgical masks and N–95 respirator 

14 masks under this section shall not be charged for the 

15 masks, for the delivery of the masks, or for any other ad16 ministrative cost related to the masks. 

17 (c) REQUIRED COORDINATION.—In carrying out this 

18 section, the Administrator shall coordinate— 

19 (1) with the Secretary, the Assistant Secretary, 

20 the Postmaster General, and the heads of any other 

21 appropriate Federal departments or agencies; and 

22 (2) to the greatest extent practicable, with 

23 other Federal programs that provide masks or other 

24 personal protective equipment to individuals working 

25 in health care settings. 


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1 (d) REQUIRED CONSULTATION.—In carrying out this 

2 section, the Administrator shall consult with health care 

3 providers and labor organizations representing health pro4 fessionals and other individuals working in health care set5 tings. 

6 SEC. 5. USE OF AUTHORITIES. 

7 (a) IN GENERAL.—In carrying out this Act— 

8 (1) the President shall make use of any and all 

9 available authorities at the disposal of the Federal 

10 Government to procure, domestically manufacture, 

11 support the domestic manufacturing of face masks, 

12 and distribute face masks, surgical masks, and N– 

13 95 respirator masks, including emergency authori14 ties, such as the Defense Production Act of 1950 

15 (50 U.S.C. 4511 et seq.), the National Emergencies 

16 Act (50 U.S.C. 1601 et seq.), and the Robert T. 

17 Stafford Disaster Relief and Emergency Assistance 

18 Act (42 U.S.C. 5121 et seq.); and 

19 (2) the Administrator shall make use of au20 thorities delegated to the Administrator under title 

21 I and title III of the Defense Production Act of 

22 1950 (50 U.S.C. 4511 et seq.) to increase domestic 

23 production of masks. 

24 (b) REQUIREMENT.—Any face masks, surgical 

25 masks, and N–95 respirator masks procured or manufacVerDate Sep 11 2014 04:03 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4339.IS S4339

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1 tured for purposes of carrying out this Act shall be pur2 chased in accordance with Federal Acquisition Regulation 

3 guidance on fair and reasonable pricing. 

4 (c) EXCESS MASKS.—Any face masks, surgical 

5 masks, and N–95 respirator masks in the possession of 

6 the Federal Emergency Management Agency or the De7 partment of Health and Human Services for purposes of 

8 carrying out this Act that have not been distributed as 

9 of the date described in section 6(d) shall be added to the 

10 strategic national stockpile. 

11 SEC. 6. APPROPRIATION; LIMITATIONS. 

12 (a) APPROPRIATION.—There is appropriated, out of 

13 amounts in the Treasury not otherwise appropriated, 

14 $5,000,000,000, to remain available until the date de15 scribed in subsection (d), to the Administrator to carry 

16 out this Act, provided that the Administrator uses such 

17 amounts as are necessary to reimburse the United States 

18 Postal Service for the delivery of masks under this Act. 

19 (b) LIMITATION.—No funds made available under 

20 this section shall be provided to— 

21 (1) any person who is a Federal elected official 

22 or serving in a Senior Executive Service position; or 

23 (2) any entity that is controlled in whole or in 

24 part by a Federal elected official or serving in a 

25 Senior Executive Service position. 


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1 (c) EMERGENCY DESIGNATION.— 

2 (1) IN GENERAL.—The amounts provided under 

3 this section are designated as an emergency require4 ment pursuant to section 4(g) of the Statutory Pay5 As-You-Go Act of 2010 (2 U.S.C. 933(g)). 

6 (2) DESIGNATION IN SENATE.—In the Senate, 

7 this section is designated as an emergency require8 ment pursuant to section 4112(a) of H. Con. Res. 

9 71 (115th Congress), the concurrent resolution on 

10 the budget for fiscal year 2018. 

11 (d) DATE DESCRIBED.—The date described in this 

12 subsection is the date on which no new cases of COVID– 

13 19 are reported in the United States for a period of not 

14 less than 14 consecutive days. 

15 SEC. 7. REPORTS TO CONGRESS. 

16 (a) SUBMISSION OF PLAN.—Not later than 14 days 

17 after the date of enactment of this Act, the Administrator 

18 shall submit to Congress a strategic plan that includes 

19 monthly, measurable targets, to, as soon as practicable— 

20 (1) eliminate all shortages of face masks, sur21 gical masks, and N–95 respirator masks; 

22 (2) increase domestic production of high-quality 

23 masks to the greatest extent possible; 

24 (3) provide the greatest number possible of 

25 masks manufactured in the United States; 


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1 (4) distribute masks to the general public and 

2 the health care workforce in accordance with this 

3 Act; and 

4 (5) fulfill all other requirements of this Act. 

5 (b) WEEKLY PROGRESS REPORTS.—Beginning 7 

6 days after the date on which the strategic plan is sub7 mitted under subsection (a), and every 7 days thereafter 

8 until the requirements of this Act are met, the Adminis9 trator shall submit to Congress a detailed report on the 

10 activities undertaken to fulfill the requirements of this Act 

11 and a timeline for when such requirements will be fulfilled, 

12 which shall include— 

13 (1) information on— 

14 (A) the use of funds under this Act, pro15 vided in an itemized list; 

16 (B) the current and projected supply of 

17 face masks, surgical masks, and N–95 res18 pirator masks; 

19 (C) the sources of face masks, surgical 

20 masks, and N–95 respirator masks; 

21 (D) the distribution of face masks, surgical 

22 masks, and N–95 respirator masks, by State, 

23 geographic area, and need; 


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1 (E) the prices paid by the Federal Govern2 ment and to which suppliers such amounts were 

3 paid; and 

4 (2) any other information requested by Con5 gress. 

6 (c) INSPECTOR GENERAL OVERSIGHT.— 

7 (1) IN GENERAL.—The Inspector General of 

8 the Department of Homeland Security shall conduct 

9 monitoring and oversight of the receipt, disburse10 ment, and use of funds made available under this 

11 Act. 

12 (2) REPORT.—Not later than 1 year after the 

13 date described in section 6(d), the Inspector General 

14 of the Department of Homeland Security shall con15 duct an audit of the program established under this 

16 Act and submit to Congress a report on the findings 

17 of such audit. 

18 SEC. 8. DEFINITIONS. 

19 In this Act: 

20 (1) ADMINISTRATOR.—The term ‘‘Adminis21 trator’’ means the Administrator of the Federal 

22 Emergency Management Agency. 

23 (2) ASSISTANT SECRETARY.—The term ‘‘Assist24 ant Secretary’’ means the Assistant Secretary for 


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1 Preparedness and Response of the Department of 

2 Health and Human Services. 

3 (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

4 has the meaning given the term ‘‘Indian tribe’’ in 

5 section 4(e) of the Indian Self-Determination and 

6 Education Assistance Act (25 U.S.C. 5304(e)). 

7 (4) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Health and Human Services. 

9 (5) SENIOR EXECUTIVE SERVICE POSITION.— 

10 The term ‘‘Senior Executive Service position’’ has 

11 the meaning given that term in section 3132(a) of 

12 title 5, United States Code. 

13 (6) STATE.—The term ‘‘State’’ means— 

14 (A) any State of the United States; 

15 (B) the District of Columbia; 

16 (C) the Commonwealth of Puerto Rico; 

17 (D) Guam; 

18 (E) American Samoa; 

19 (F) the Commonwealth of the Northern 

20 Mariana Islands; 

21 (G) the Federated States of Micronesia; 

22 (H) the Republic of the Marshall Islands; 

23 (I) the Republic of Palau; 

24 (J) the United States Virgin Islands; and 

25 (K) each Indian Tribe. 


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1 (7) UNITED STATES.—The term ‘‘United 

2 States’’ means— 

3 (A) each of the several States of the 

4 United States; 

5 (B) the District of Columbia; 

6 (C) the Commonwealth of Puerto Rico; 

7 (D) Guam; 

8 (E) American Samoa; 

9 (F) the Commonwealth of the Northern 

10 Mariana Islands; 

11 (G) the Federated States of Micronesia; 

12 (H) the Republic of the Marshall Islands; 

13 (I) the Republic of Palau; 

14 (J) the United States Virgin Islands; and 

15 (K) each Indian Tribe. 

Æ 


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