I 

116TH CONGRESS 

2D SESSION H. R. 7836 

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 HOUSE OF REPRESENTATIVES 

JULY 29, 2020 

Mr. KHANNA (for himself, Mrs. TRAHAN, Mrs. WATSON COLEMAN, Mrs. 

BEATTY, Mr. CARSON of Indiana, Mr. CICILLINE, Ms. CLARKE of New 

York, Mr. GARCI ́A of Illinois, Mr. GRIJALVA, Ms. HAALAND, Mr. KENNEDY, Ms. LEE of California, Mr. TED LIEU of California, Mr. 

LOWENTHAL, Mr. MCNERNEY, Mr. NEGUSE, Ms. NORTON, Ms. OCASIOCORTEZ, Ms. OMAR, Mr. PAYNE, Mr. POCAN, Ms. PRESSLEY, Mr. RUSH, 

Ms. SCANLON, Ms. SEWELL of Alabama, Ms. SHALALA, Mr. SOTO, Ms. 

TLAIB, Mr. VARGAS, Ms. VELA ́ZQUEZ, Mr. WELCH, and Ms. JAYAPAL) 

introduced the following bill; which was referred to the Committee on 

Transportation and Infrastructure, and in addition to the Committees on 

Financial Services, Energy and Commerce, and the Budget, 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 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, 


khammond on DSKJM1Z7X2PROD with BILLS
2 

•HR 7836 IH

1 SECTION 1. SHORT TITLE. 

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

3 2020’’. 

4 SEC. 2. REQUIREMENT TO ELIMINATE MASK SHORTAGES. 

5 The President, acting through the Administrator, 

6 shall, as soon as practicable— 

7 (1) eliminate all shortages of face masks, sur8 gical masks, and N–95 respirator masks in the 

9 United States; 

10 (2) manufacture the masks described in para11 graph (1), to the greatest extent practicable, in the 

12 United States; and 

13 (3) distribute the masks described in paragraph 

14 (1) to the general public and the health care work15 force in accordance with this Act. 

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

17 INDIVIDUAL IN THE UNITED STATES. 

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

19 date of enactment of this Act, the Administrator shall es20 tablish a program to provide a supply of 3 high-quality, 

21 reusable face masks to every individual in the United 

22 States, including individuals— 

23 (1) experiencing homelessness; and 

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

25 Census Bureau for the purposes of the most recent 

26 decennial census. 


khammond on DSKJM1Z7X2PROD with BILLS
3 

•HR 7836 IH

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

2 receives a supply of face masks under this section shall 

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

4 face masks, or for any other administrative cost related 

5 to the face masks. 

6 (c) PROHIBITION ON IDENTIFICATION REQUIRE7 MENT.—An individual that receives a supply of face masks 

8 under this section shall not be required to provide identi9 fication or proof of citizenship in order to receive the face 

10 masks. 

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

12 face masks under this section shall be delivered using the 

13 United States Postal Service. 

14 (e) EDUCATIONAL MATERIALS.— 

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

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

17 sheet on the importance of wearing face masks, the 

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

19 pickup sites designated under subsection (f). 

20 (2) REQUIREMENTS.—The information included 

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

22 be— 

23 (A) scientifically and medically accurate; 

24 (B) written for a layperson; 


khammond on DSKJM1Z7X2PROD with BILLS
4 

•HR 7836 IH

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

2 that is easy to read; and 

3 (D) provided in the languages that are 

4 most appropriate for the community. 

5 (3) PUBLICATION OF INFORMATION.—The in6 formation included in the fact sheet required under 

7 paragraph (1) shall be published on the public 

8 website of the Federal Emergency Management 

9 Agency and the Department of Health and Human 

10 Services in multiple languages and in a manner that 

11 is in compliance with the Americans with Disabilities 

12 Act of 1990 for reading by the visually impaired. 

13 (f) FACE MASK PICKUP SITES.— 

14 (1) IN GENERAL.—The Administrator shall des15 ignate face mask pickup sites in each community 

16 and shall provide face masks to each site, allocated 

17 according to population, to be distributed to the gen18 eral public at no cost to the public. 

19 (2) REQUIREMENTS FOR DESIGNATION OF

20 SITES.—In designating sites as face mask pickup 

21 sites under paragraph (1), the Administrator shall 

22 choose— 

23 (A) a location of a public entity, organiza24 tion, or business that is providing essential 

25 services to communities, such as a post office, 


khammond on DSKJM1Z7X2PROD with BILLS
5 

•HR 7836 IH

1 community pharmacy, Federally-qualified health 

2 center, senior center, congregate meal site, and 

3 COVID–19 testing site; 

4 (B) a location that is easily accessible and 

5 appropriate to maximize the public health re6 sponse to COVID–19; and 

7 (C) when possible, a location that is feder8 ally operated or is a recipient of Federal funds. 

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

10 site is designated as a face mask pickup site under 

11 paragraph (1)— 

12 (A) no individual shall be required to make 

13 a purchase in order to pick up masks at such 

14 location; and 

15 (B) the site shall agree to display informa16 tion, supplied by the Administrator, in a promi17 nent location that— 

18 (i) advertises the availability of free 

19 face masks provided by the Federal Gov20 ernment; and 

21 (ii) meets the requirements described 

22 in subsection (e)(2). 

23 (g) NEW TECHNOLOGY.— 

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

25 and providing the best available masks under this 


khammond on DSKJM1Z7X2PROD with BILLS
6 

•HR 7836 IH

1 section, the Administrator shall consider new designs 

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

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

4 (2) STRATEGIC NATIONAL STOCKPILE.—If sig5 nificant improvements in face mask technology are 

6 made available, the Administrator, in coordination 

7 with the Secretary, shall ensure that such face 

8 masks are included in the strategic national stock9 pile. 

10 (h) REQUIRED COORDINATION AND CONSULTA11 TION.— 

12 (1) COORDINATION.—In carrying out this sec13 tion, the Administrator shall coordinate with the 

14 Secretary, the Assistant Secretary, the Postmaster 

15 General, and the heads of any other appropriate 

16 Federal departments or agencies. 

17 (2) CONSULTATION.—In carrying out this sec18 tion, the Administrator shall consult with States, 

19 units of local government, pickup sites, and appro20 priate labor unions, including labor organizations 

21 representing employees of the United States Postal 

22 Service. 

23 (i) EFFECT ON REQUESTS FOR PERSONAL PROTEC24 TIVE EQUIPMENT.—Any face masks provided under this 

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


khammond on DSKJM1Z7X2PROD with BILLS
7 

•HR 7836 IH

1 Federal Government responding to State or health care 

2 provider requests for surgical masks, N–95 respirator 

3 masks, personal protective equipment, or other supplies 

4 related to COVID–19. 

5 SEC. 4. HEALTH CARE WORKFORCE. 

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

7 date of enactment of this Act, the Administrator shall pro8 vide surgical masks and N–95 respirator masks to all indi9 viduals working in health care settings in the United 

10 States that are experiencing a shortage of such masks, in11 cluding settings that have a short-term supply of such 

12 masks and settings that are practicing extended use and 

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

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

15 State that receives surgical masks and N–95 respirator 

16 masks under this section shall not be charged for the 

17 masks, for the delivery of the masks, or for any other ad18 ministrative cost related to the masks. 

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

20 section, the Administrator shall coordinate— 

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

22 the Postmaster General, and the heads of any other 

23 appropriate Federal departments or agencies; and 

24 (2) to the greatest extent practicable, with 

25 other Federal programs that provide masks or other 


khammond on DSKJM1Z7X2PROD with BILLS
8 

•HR 7836 IH

1 personal protective equipment to individuals working 

2 in health care settings. 

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

4 section, the Administrator shall consult with health care 

5 providers and labor organizations representing health pro6 fessionals and other individuals working in health care set7 tings. 

8 SEC. 5. USE OF AUTHORITIES. 

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

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

11 available authorities at the disposal of the Federal 

12 Government to procure, domestically manufacture, 

13 support the domestic manufacturing of face masks, 

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

15 95 respirator masks, including emergency authori16 ties, such as the Defense Production Act of 1950 

17 (50 U.S.C. 4511 et seq.), the National Emergencies 

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

19 Stafford Disaster Relief and Emergency Assistance 

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

21 (2) the Administrator shall make use of au22 thorities delegated to the Administrator under title 

23 I and title III of the Defense Production Act of 

24 1950 (50 U.S.C. 4511 et seq.) to increase domestic 

25 production of masks. 


khammond on DSKJM1Z7X2PROD with BILLS
9 

•HR 7836 IH

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

2 masks, and N–95 respirator masks procured or manufac3 tured for purposes of carrying out this Act shall be pur4 chased in accordance with Federal Acquisition Regulation 

5 guidance on fair and reasonable pricing. 

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

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

8 the Federal Emergency Management Agency or the De9 partment of Health and Human Services for purposes of 

10 carrying out this Act that have not been distributed as 

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

12 strategic national stockpile. 

13 SEC. 6. APPROPRIATION; LIMITATIONS. 

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

15 amounts in the Treasury not otherwise appropriated, 

16 $5,000,000,000, to remain available until the date de17 scribed in subsection (d), to the Administrator to carry 

18 out this Act, provided that the Administrator uses such 

19 amounts as are necessary to reimburse the United States 

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

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

22 this section shall be provided to— 

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

24 or serving in a Senior Executive Service position; or 


khammond on DSKJM1Z7X2PROD with BILLS
10 

•HR 7836 IH

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

2 part by a Federal elected official or serving in a 

3 Senior Executive Service position. 

4 (c) EMERGENCY DESIGNATION.— 

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

6 this section are designated as an emergency require7 ment pursuant to section 4(g) of the Statutory Pay8 As-You-Go Act of 2010 (2 U.S.C. 933(g)). 

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

10 this section is designated as an emergency require11 ment pursuant to section 4112(a) of H. Con. Res. 

12 71 (115th Congress), the concurrent resolution on 

13 the budget for fiscal year 2018. 

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

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

16 19 are reported in the United States for a period of not 

17 less than 14 consecutive days. 

18 SEC. 7. REPORTS TO CONGRESS. 

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

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

21 shall submit to Congress a strategic plan that includes 

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

23 (1) eliminate all shortages of face masks, sur24 gical masks, and N–95 respirator masks; 


khammond on DSKJM1Z7X2PROD with BILLS
11 

•HR 7836 IH

1 (2) increase domestic production of high-quality 

2 masks to the greatest extent possible; 

3 (3) provide the greatest number possible of 

4 masks manufactured in the United States; 

5 (4) distribute masks to the general public and 

6 the health care workforce in accordance with this 

7 Act; and 

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

9 (b) WEEKLY PROGRESS REPORTS.—Beginning 7 

10 days after the date of on which the strategic plan is sub11 mitted under subsection (a), and every 7 days thereafter 

12 until the requirements of this Act are met, the Adminis13 trator shall submit to Congress a detailed report on the 

14 activities undertaken to fulfill the requirements of this Act 

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

16 which shall include— 

17 (1) information on— 

18 (A) the use of funds under this Act, pro19 vided in an itemized list; 

20 (B) the current and projected supply of 

21 face masks, surgical masks, and N–95 res22 pirator masks; 

23 (C) the sources of face masks, surgical 

24 masks, and N–95 respirator masks; 


khammond on DSKJM1Z7X2PROD with BILLS
12 

•HR 7836 IH

1 (D) the distribution of face masks, surgical 

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

3 geographic area, and need; and 

4 (E) the prices paid by the Federal Govern5 ment and to which suppliers such amounts were 

6 paid; and 

7 (2) any other information requested by Con8 gress. 

9 (c) INSPECTOR GENERAL OVERSIGHT.— 

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

11 the Department of Homeland Security shall conduct 

12 monitoring and oversight of the receipt, disburse13 ment, and use of funds made available under this 

14 Act. 

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

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

17 of the Department of Homeland Security shall con18 duct an audit of the program established under this 

19 Act and submit to Congress a report on the findings 

20 of such audit. 

21 SEC. 8. DEFINITIONS. 

22 In this Act: 

23 (1) ADMINISTRATOR.—The term ‘‘Adminis24 trator’’ means the Administrator of the Federal 

25 Emergency Management Agency. 


khammond on DSKJM1Z7X2PROD with BILLS
13 

•HR 7836 IH

1 (2) ASSISTANT SECRETARY.—The term ‘‘Assist2 ant Secretary’’ means the Assistant Secretary for 

3 Preparedness and Response of the Department of 

4 Health and Human Services. 

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

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

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

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

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

10 the Secretary of Health and Human Services. 

11 (5) SENIOR EXECUTIVE SERVICE POSITION.— 

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

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

14 title 5, United States Code. 

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

16 (A) any State of the United States; 

17 (B) the District of Columbia; 

18 (C) the Commonwealth of Puerto Rico; 

19 (D) Guam; 

20 (E) American Samoa; 

21 (F) the Commonwealth of the Northern 

22 Mariana Islands; 

23 (G) the Federated States of Micronesia; 

24 (H) the Republic of the Marshall Islands; 

25 (I) the Republic of Palau; 


khammond on DSKJM1Z7X2PROD with BILLS
14 

•HR 7836 IH

1 (J) the United States Virgin Islands; and 

2 (K) each Indian Tribe. 

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

4 States’’ means— 

5 (A) each of the several States of the 

6 United States; 

7 (B) the District of Columbia; 

8 (C) the Commonwealth of Puerto Rico; 

9 (D) Guam; 

10 (E) American Samoa; 

11 (F) the Commonwealth of the Northern 

12 Mariana Islands; 

13 (G) the Federated States of Micronesia; 

14 (H) the Republic of the Marshall Islands; 

15 (I) the Republic of Palau; 

16 (J) the United States Virgin Islands; and 

17 (K) each Indian Tribe. 

Æ 


khammond on DSKJM1Z7X2PROD with BILLS