I 

117TH CONGRESS 

1ST SESSION H. R. 1342 

To authorize a study on the efficacy and potential negative impacts of masks 

to human health, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 25, 2021 

Mr. GOHMERT introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

the Judiciary, 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 authorize a study on the efficacy and potential negative 

impacts of masks to human health, 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. SENSE OF CONGRESS. 

4 It is the sense of Congress that— 

5 (1) the Constitution does not permit a mask 

6 mandate through use of exclusively Executive power; 

7 (2) Congress has not enacted any such law for 

8 the President to enforce; 


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1 (3) masks do not fall within any of the Execu2 tive authorities, according to article II, section 2 of 

3 the United States Constitution; 

4 (4) even Congress has no authority under the 

5 United States Constitution to impose widespread 

6 mask mandates on the States and people; 

7 (5) the Constitution reserves ‘‘police power’’, 

8 for the protection of health, safety, and morals, to 

9 the States; 

10 (6) even though a State has police power, strict 

11 scrutiny is still applied when laws infringe on funda12 mental liberties, and in such instance, government 

13 action is only constitutional when it both achieves a 

14 compelling goal and is narrowly tailored or the least 

15 restrictive alternative to achieve that goal; 

16 (7) in our constitutional republic, the Federal 

17 Government cannot do as it pleases, but must exer18 cise power only in keeping with the strict limits as 

19 enumerated in the Constitution; 

20 (8) while the Constitution ensures that the Fed21 eral Government cannot mandate that all Americans 

22 wear masks, any government should not take such 

23 an action unless the potential for causing countless 

24 Americans to have adverse health impacts is fully 

25 considered and studied, and there is no other less reVerDate Sep 11 2014 03:03 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1342.IH H1342

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1 strictive measures that could adequately be taken; 

2 and 

3 (9) although Americans are fully equipped to 

4 adjust their activities and lifestyles to account for 

5 the risk of SARS–CoV–2, including wearing a mask 

6 at all times if one should choose to, it is unjust to 

7 require all Americans to take an action if that action 

8 could mean deteriorated health and even death of 

9 some and no exceptions are permitted. 

10 SEC. 2. GAO STUDY ON EFFICACY AND POTENTIAL NEGA11 TIVE IMPACTS OF MASKS TO HUMAN 

12 HEALTH. 

13 (a) IN GENERAL.—The Comptroller General of the 

14 United States shall conduct a study on the efficacy and 

15 potential negative impacts of masks to human health. 

16 (b) TOPICS.—The study under subsection (a) shall 

17 address each of the following: 

18 (1) Evidence that various mask options (includ19 ing N–95 masks, basic medical masks, and cloth 

20 masks) actually prevent the spread of SARS–CoV– 

21 2, and to what extent such masks are successful 

22 compared to no mask or a less restrictive method23 ology. 


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1 (2) Evidence regarding any safety concerns 

2 with the common types of masks worn (including N– 

3 95 masks, basic medical masks, and cloth masks). 

4 (3) Any adverse side effects of mask wearing. 

5 (4) Any potential for permanent adverse effects 

6 including deaths resulting from mask wearing. 

7 (5) Any evidence that mask wearing is particu8 larly dangerous if an individual has underlying con9 ditions, to include allergies, asthma, respiratory dif10 ficulty, or any other bodily condition that can impact 

11 breathing or lung capacity and functioning. 

Æ 


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