II 

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. 

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 ‘‘Encouraging Masks 

5 for All Act of 2020’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The widespread use of face coverings by the 

9 public is essential to help slow the spread of the 


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1 virus that causes COVID–19 and help prevent the 

2 transmission of such virus by individuals who do not 

3 show symptoms. 

4 (2) The Government has an interest in encour5 aging the use of face coverings in public and each 

6 place of business to protect the health of populations 

7 that are at a higher risk of developing severe illness 

8 from COVID–19, including— 

9 (A) the immunocompromised; 

10 (B) individuals who are 65 years of age or 

11 older; and 

12 (C) individuals living with chronic lung dis13 ease, moderate to severe asthma, serious heart 

14 conditions, diabetes, chronic kidney disease, se15 vere obesity, or liver disease. 

16 (3) Overwhelming scientific evidence has shown 

17 that face coverings block a high portion of res18 piratory droplets that spread the virus that causes 

19 COVID–19. 

20 (4) Evidence from an international cross-dis21 ciplinary review of scientific research has shown 

22 that— 

23 (A) using a face covering in public is most 

24 effective at reducing the spread of COVID–19 

25 when compliance is high; and 


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1 (B) transmission in a community is sub2 stantially lower when individuals are required to 

3 use a face covering or where the use of a face 

4 covering is widespread. 

5 (5) The widespread use of face coverings sub6 stantially reduces the number of fatalities, the cases 

7 of severe illness, and continued economic losses that 

8 result from transmission of the virus that causes 

9 COVID–19. 

10 (6) The widespread use of face coverings is nec11 essary (but not by itself sufficient) to slow the 

12 spread of the virus that causes COVID–19 and 

13 should be promoted along with regular handwashing, 

14 social distancing, testing, and minimizing non15 essential activities outside of the household. 

16 SEC. 3. USE OF FACE COVERINGS IN PUBLIC. 

17 (a) CONDITIONAL FUNDING WITH RESPECT TO

18 FACE COVERINGS.— 

19 (1) IN GENERAL.—The Secretary of Health and 

20 Human Services (in this Act referred to as the ‘‘Sec21 retary’’), acting through the Director of the Centers 

22 for Disease Control and Prevention, using amounts 

23 appropriated under paragraph (3), shall award a 

24 grant to each State, territory, local government, and 

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1 riod, subject to the exceptions under paragraph (2), 

2 requires the use of face coverings in public (includ3 ing in each place of business) in the respective juris4 diction, consistent with public health guidelines 

5 issued by the Centers for Disease Control and Pre6 vention. The grants awarded under this paragraph 

7 shall be in such amount as the Secretary determines 

8 appropriate, and shall be used by the recipient for 

9 purposes of carrying out activities related to the pre10 vention of the transmission of COVID–19 in the ap11 plicable jurisdiction. 

12 (2) EXCEPTIONS.—The face covering require13 ment of a State, territory, local government, or Trib14 al government described in paragraph (1) may pro15 vide for exceptions with respect to— 

16 (A) outdoor spaces where individuals may 

17 maintain a distance of at least 6 feet from 

18 other individuals who are not members of the 

19 same household; 

20 (B) any individual who— 

21 (i) is under 2 years of age; 

22 (ii) has a medical condition in which 

23 wearing a face covering could obstruct the 

24 ability of the individual to breathe; 


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1 (iii) is unable to remove a face cov2 ering without assistance; or 

3 (iv) is receiving a service that requires 

4 temporary removal of the face covering, in5 cluding a service with respect to a food or 

6 beverage; or 

7 (C) other circumstances, as determined by 

8 the Secretary, provided that any exception 

9 under this subparagraph shall be approved by 

10 the Director of the Centers for Disease Control 

11 and Prevention and the Director of the Na12 tional Institute of Allergy and Infectious Dis13 ease. 

14 (3) APPROPRIATIONS.— 

15 (A) IN GENERAL.—There are hereby ap16 propriated to the Public Health and Social 

17 Services Emergency Fund, out of amounts in 

18 the Treasury not otherwise appropriated, 

19 $5,000,000,000, for transfer to the Secretary 

20 for the purpose of awarding grants under para21 graph (1). 

22 (B) EMERGENCY DESIGNATION.— 

23 (i) IN GENERAL.—The amounts pro24 vided by this paragraph are designated as 

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1 tion 4(g) of the Statutory Pay-As-You-Go 

2 Act of 2010 (2 U.S.C. 933(g)). 

3 (ii) DESIGNATION IN SENATE.—In the 

4 Senate, this paragraph is designated as an 

5 emergency requirement pursuant to section 

6 4112(a) of H. Con. Res. 71 (115th Con7 gress), the concurrent resolution on the 

8 budget for fiscal year 2018. 

9 (b) GRANTS TO PROMOTE FACE COVERINGS.— 

10 (1) IN GENERAL.—Not later than 30 days after 

11 the date of the enactment of this Act, the Secretary 

12 may award grants to States, territories, and Tribal 

13 governments to promote access to, and use of, face 

14 coverings for the purpose of minimizing the risk of 

15 exposure to COVID–19, including installing face 

16 covering dispensers in public. 

17 (2) APPLICATION.—To be eligible for a grant 

18 under this section, a State, territory, and Tribal gov19 ernment shall submit to the Secretary an application 

20 at such time, in such form, and containing such in21 formation as the Secretary determines appropriate, 

22 including a certification that the State will meet the 

23 requirements under paragraph (3). 

24 (3) USE OF FUNDS.—A State, territory, and 

25 Tribal government that receives a grant under this 


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1 section shall use grant funds to promote access to 

2 face coverings for the purpose of minimizing the risk 

3 of exposure to COVID–19 in accordance with— 

4 (A) guidelines determined necessary by the 

5 Secretary; and 

6 (B) guidelines provided by the Centers for 

7 Disease Control and Prevention with respect to 

8 the use of face coverings. 

9 (4) APPROPRIATIONS.—There is authorized to 

10 be appropriated to carry out this section 

11 $75,000,000 for the period of fiscal years 2021 

12 through 2022. 

13 (c) DEFINITIONS.— 

14 (1) EMERGENCY PERIOD.—The term ‘‘emer15 gency period’’ has the meaning given such term in 

16 section 1135(g)(1)(B) of the Social Security Act (42 

17 U.S.C. 1320b–5(g)(1)(B)). 

18 (2) FACE COVERING.—The term ‘‘face cov19 ering’’ means any material that covers the nose and 

20 mouth of an individual. 

21 SEC. 4. FACE COVERINGS REQUIRED IN FEDERAL FACILI22 TIES. 

23 (a) FACE COVERINGS REQUIRED.—Each Federal 

24 agency shall take action to ensure that an individual is 

25 required to wear a face covering if such individual is— 


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1 (1) inside a Federal facility under the jurisdic2 tion of such agency; and 

3 (2) within 6 feet of another individual. 

4 (b) ENFORCEMENT.—A Federal agency may remove 

5 or deny service to an individual who fails to wear a face 

6 covering in accordance with subsection (a). 

7 (c) PROVISION OF FACE COVERINGS.—Each Federal 

8 agency shall make face coverings available at each en9 trance to a Federal facility at which such agency main10 tains a presence. 

11 (d) FUNDING.—A Federal agency shall use funds 

12 otherwise appropriated to such agency to carry out this 

13 section. 

14 (e) DEFINITIONS.—In this section, the following defi15 nitions apply: 

16 (1) CAPITOL BUILDINGS.—The term ‘‘Capitol 

17 Buildings’’ has the meaning given such term in sec18 tion 5101 of title 40, United States Code. 

19 (2) FACE COVERING.—The term ‘‘face cov20 ering’’ means any material that covers the nose and 

21 mouth of an individual. 

22 (3) FEDERAL AGENCY.—The term ‘‘Federal 

23 agency’’ has the meaning given such term in section 

24 102 of title 40, United States Code, except that with 

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1 tect of the Capitol shall be treated as the relevant 

2 Federal agency. 

3 (4) FEDERAL FACILITY.—The term ‘‘Federal 

4 facility’’ means— 

5 (A) a building or any part thereof owned 

6 or leased by the Federal Government for use by 

7 a Federal agency; and 

8 (B) the Capitol Buildings or any part 

9 thereof. 

10 (f) TERMINATION.—The requirements of this section 

11 shall cease to have effect on the date on which the Director 

12 of the National Institute of Allergy and Infectious Dis13 eases determines, and publishes in the Federal Register 

14 a notification of such determination, that the requirement 

15 to wear a face covering is no longer necessary to prevent 

16 transmission of SARS–CoV–2. 

Æ 


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