II 

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. 

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 2022’’. 


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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 N–95 respirator 

5 masks in the United States; 

6 (2) manufacture N–95 respirator masks, to the 

7 greatest extent practicable, in the United States; 

8 and 

9 (3) distribute N–95 respirator masks to the 

10 general public and the health care workforce in ac11 cordance with this Act. 

12 SEC. 3. PROVIDING HIGH QUALITY FACE MASKS TO EVERY 

13 INDIVIDUAL IN THE UNITED STATES. 

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

15 date of enactment of this Act, the Administrator shall es16 tablish a program to provide a supply of 3 N–95 respirator 

17 masks to every individual in the United States, including 

18 individuals— 

19 (1) experiencing homelessness; and 

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

21 Census Bureau for the purposes of the most recent 

22 decennial census. 

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

24 receives a supply of N–95 respirator masks under this sec25 tion shall not be charged for the N–95 respirator masks, 

26 for the delivery of the N–95 respirator masks, or for any 


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1 other administrative cost relating to the N–95 respirator 

2 masks. 

3 (c) PROHIBITION ON IDENTIFICATION REQUIRE4 MENT.—An individual that receives a supply of N–95 res5 pirator masks under this section shall not be required to 

6 provide identification or proof of citizenship in order to 

7 receive the N–95 respirator masks. 

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

9 N–95 respirator masks provided under this section shall 

10 be delivered using the United States Postal Service. 

11 (e) EDUCATIONAL MATERIALS.— 

12 (1) IN GENERAL.—N–95 respirator masks pro13 vided under this section shall be accompanied by a 

14 1-page fact sheet on the importance of wearing N– 

15 95 respirator masks, the proper use of N–95 res16 pirator masks, and the nearest N–95 respirator 

17 mask pickup sites designated under subsection (f). 

18 (2) REQUIREMENTS.—The information included 

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

20 be— 

21 (A) scientifically and medically accurate; 

22 (B) written for a layperson; 

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

24 that is easy to read; and 


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1 (D) provided in the languages that are 

2 most appropriate for the community. 

3 (3) PUBLICATION OF INFORMATION.—The in4 formation included in the fact sheet required under 

5 paragraph (1) shall be published on the public 

6 website of the Federal Emergency Management 

7 Agency and the Department of Health and Human 

8 Services in multiple languages and in a manner that 

9 is in compliance with the Americans with Disabilities 

10 Act of 1990 (42 U.S.C. 12101 et seq.) for reading 

11 by the visually impaired. 

12 (f) MASK PICKUP SITES.— 

13 (1) IN GENERAL.—The Administrator shall des14 ignate N–95 respirator mask pickup sites in each 

15 community and shall provide N–95 respirator masks 

16 to each site, allocated according to population, to be 

17 distributed to the general public at no cost to the 

18 public. 

19 (2) REQUIREMENTS FOR DESIGNATION OF

20 SITES.—In designating sites as N–95 respirator 

21 mask pickup sites under paragraph (1), the Admin22 istrator shall choose— 

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

25 to communities, such as a post office, commuVerDate Sep 11 2014 00:33 Jan 13, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3486.IS S3486

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1 nity pharmacy, Federally-qualified health cen2 ter, senior center, congregate meal site, and 

3 COVID–19 testing or vaccination 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 an N–95 respirator mask pick11 up site under paragraph (1)— 

12 (A) no individual shall be required to make 

13 a purchase in order to pick up N–95 respirator 

14 masks at such 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 N–95 respirator masks provided by the 

20 Federal Government; and 

21 (ii) meets the requirements described 

22 in subsection (e)(2). 

23 (g) DEVELOPMENTS IN N–95 RESPIRATOR MASKS.— 

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

25 and providing the best available N–95 respirator 


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1 masks under this section, the Administrator shall 

2 consider new designs to create the most comfortable, 

3 well-fitting, and effective N–95 respirator masks 

4 that— 

5 (A) have adjustable sizing; or 

6 (B) are available in different sizes, includ7 ing sizes for children. 

8 (2) FLEXIBILITY.—For the purpose of fulfilling 

9 the requirements of this section, the Administrator 

10 may distribute respirator masks that— 

11 (A) are equivalent to N–95 respirator 

12 masks; and 

13 (B) have been tested by the Federal Gov14 ernment. 

15 (3) STRATEGIC NATIONAL STOCKPILE.—If sig16 nificant improvements in N–95 respirator mask 

17 technology are made available, the Administrator, in 

18 coordination with the Secretary, shall ensure that 

19 such N–95 respirator masks are included in the 

20 strategic national stockpile. 

21 (h) REQUIRED COORDINATION AND CONSULTA22 TION.— 

23 (1) COORDINATION.—In carrying out this sec24 tion, the Administrator shall coordinate with the 

25 Secretary, the Assistant Secretary, the Postmaster 


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1 General, and the heads of any other appropriate 

2 Federal departments or agencies. 

3 (2) CONSULTATION.—In carrying out this sec4 tion, the Administrator shall consult with States, 

5 units of local government, pickup sites, and appro6 priate labor unions, including labor organizations 

7 representing employees of the United States Postal 

8 Service. 

9 (i) EFFECT ON REQUESTS FOR PERSONAL PROTEC10 TIVE EQUIPMENT.—Any N–95 respirator mask provided 

11 under this section shall not be taken into account for pur12 poses of the Federal Government responding to State or 

13 health care provider requests for surgical masks, N–95 

14 respirator masks, personal protective equipment, or other 

15 supplies related to COVID–19. 

16 SEC. 4. HEALTH CARE WORKFORCE. 

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

18 date of enactment of this Act, the Administrator shall pro19 vide N–95 respirator masks to all individuals working in 

20 health care settings in the United States that are experi21 encing a shortage of such masks, including settings that 

22 have a short-term supply of such masks and settings that 

23 are practicing extended use and re-use of such masks, if 

24 such masks are single-use masks. 


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

2 State that receives N–95 respirator masks under this sec3 tion shall not be charged for the masks, for the delivery 

4 of the masks, or for any other administrative cost related 

5 to the masks. 

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

7 section, the Administrator shall coordinate— 

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

9 the Postmaster General, and the heads of any other 

10 appropriate Federal departments or agencies; and 

11 (2) to the greatest extent practicable, with 

12 other Federal programs that provide masks or other 

13 personal protective equipment to individuals working 

14 in health care settings. 

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

16 section, the Administrator shall consult with health care 

17 providers and labor organizations representing health pro18 fessionals and other individuals working in health care set19 tings. 

20 SEC. 5. USE OF AUTHORITIES. 

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

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

23 available authorities at the disposal of the Federal 

24 Government to procure and domestically manufac25 ture N–95 respirator masks and support the domesVerDate Sep 11 2014 00:33 Jan 13, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3486.IS S3486

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1 tic manufacturing of N–95 respirator masks, includ2 ing emergency authorities, such as the Defense Pro3 duction Act of 1950 (50 U.S.C. 4501 et seq.), the 

4 National Emergencies Act (50 U.S.C. 1601 et seq.), 

5 and the Robert T. Stafford Disaster Relief and 

6 Emergency Assistance Act (42 U.S.C. 5121 et seq.); 

7 and 

8 (2) the Administrator shall make use of au9 thorities delegated to the Administrator under title 

10 I and title III of the Defense Production Act of 

11 1950 (50 U.S.C. 4511 et seq.) to increase domestic 

12 production of N–95 respirator masks. 

13 (b) REQUIREMENT.—Any N–95 respirator masks 

14 procured or manufactured for purposes of carrying out 

15 this Act shall be purchased in accordance with Federal 

16 Acquisition Regulation guidance on fair and reasonable 

17 pricing. 

18 (c) EXCESS MASKS.—Any N–95 respirator masks in 

19 the possession of the Federal Emergency Management 

20 Agency or the Department of Health and Human Services 

21 for purposes of carrying out this Act that have not been 

22 distributed as of the date described in section 6(d) shall 

23 be added to the strategic national stockpile. 


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1 SEC. 6. APPROPRIATION; LIMITATIONS. 

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

3 amounts in the Treasury not otherwise appropriated, 

4 $5,000,000,000, to remain available until the date de5 scribed in subsection (d), to the Administrator to carry 

6 out this Act, provided that the Administrator uses such 

7 amounts as are necessary to reimburse the United States 

8 Postal Service for the delivery of N–95 respirator masks 

9 under this Act. 

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

11 this section shall be provided to— 

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

13 or serving in a Senior Executive Service position; or 

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

15 part by a Federal elected official or serving in a 

16 Senior Executive Service position. 

17 (c) EMERGENCY DESIGNATION.— 

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

19 this section are designated as an emergency require20 ment pursuant to section 4(g) of the Statutory Pay21 As-You-Go Act of 2010 (2 U.S.C. 933(g)). 

22 (2) DESIGNATION IN HOUSE AND SENATE.— 

23 This section is designated as an emergency require24 ment pursuant to subsections (a) and (b) of section 

25 4001 of S. Con. Res. 14 (117th Congress), the conVerDate Sep 11 2014 00:33 Jan 13, 2022 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3486.IS S3486

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1 current resolution on the budget for fiscal year 

2 2022. 

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

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

5 19 are reported in the United States for a period of not 

6 less than 14 consecutive days. 

7 SEC. 7. REPORTS TO CONGRESS. 

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

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

10 shall submit to Congress a strategic plan that includes 

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

12 (1) eliminate all shortages of N–95 respirator 

13 masks; 

14 (2) increase domestic production of N–95 res15 pirator masks to the greatest extent possible; 

16 (3) provide the greatest number possible of N– 

17 95 respirator masks manufactured in the United 

18 States; 

19 (4) distribute N–95 respirator masks to the 

20 general public and the health care workforce in ac21 cordance with this Act; and 

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

23 (b) WEEKLY PROGRESS REPORTS.—Beginning 7 

24 days after the date on which the strategic plan is sub25 mitted under subsection (a), and every 7 days thereafter 


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1 until the requirements of this Act are met, the Adminis2 trator shall submit to Congress a detailed report on the 

3 activities undertaken to fulfill the requirements of this Act 

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

5 which shall include— 

6 (1) information on— 

7 (A) the use of funds under this Act, pro8 vided in an itemized list; 

9 (B) the current and projected supply of N– 

10 95 respirator masks; 

11 (C) the sources of N–95 respirator masks; 

12 (D) the distribution of N–95 respirator 

13 masks by State, geographic area, and need; and 

14 (E) the prices paid by the Federal Govern15 ment and to which suppliers such amounts were 

16 paid; and 

17 (2) any other information requested by Con18 gress. 

19 (c) INSPECTOR GENERAL OVERSIGHT.— 

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

21 the Department of Homeland Security shall conduct 

22 monitoring and oversight of the receipt, disburse23 ment, and use of funds made available under this 

24 Act. 


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

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

3 of the Department of Homeland Security shall con4 duct an audit of the program established under this 

5 Act and submit to Congress a report on the findings 

6 of such audit. 

7 SEC. 8. DEFINITIONS. 

8 In this Act: 

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the Federal 

11 Emergency Management Agency. 

12 (2) ASSISTANT SECRETARY.—The term ‘‘Assist13 ant Secretary’’ means the Assistant Secretary for 

14 Preparedness and Response of the Department of 

15 Health and Human Services. 

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

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

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

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

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

21 the Secretary of Health and Human Services. 

22 (5) SENIOR EXECUTIVE SERVICE POSITION.— 

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

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

25 title 5, United States Code. 


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

2 (A) any State of the United States; 

3 (B) the District of Columbia; 

4 (C) the Commonwealth of Puerto Rico; 

5 (D) Guam; 

6 (E) American Samoa; 

7 (F) the Commonwealth of the Northern 

8 Mariana Islands; 

9 (G) the Federated States of Micronesia; 

10 (H) the Republic of the Marshall Islands; 

11 (I) the Republic of Palau; 

12 (J) the United States Virgin Islands; and 

13 (K) each Indian Tribe. 

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

15 States’’ means— 

16 (A) each of the several States of the 

17 United States; 

18 (B) the District of Columbia; 

19 (C) the Commonwealth of Puerto Rico; 

20 (D) Guam; 

21 (E) American Samoa; 

22 (F) the Commonwealth of the Northern 

23 Mariana Islands; 

24 (G) the Federated States of Micronesia; 

25 (H) the Republic of the Marshall Islands; 


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1 (I) the Republic of Palau; 

2 (J) the United States Virgin Islands; and 

3 (K) each Indian Tribe. 

Æ 


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