I 

117TH CONGRESS 

2D SESSION H. R. 6385 

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 HOUSE OF REPRESENTATIVES 

JANUARY 12, 2022 

Mr. KHANNA (for himself, Mrs. TRAHAN, Mrs. WATSON COLEMAN, Mr. BOWMAN, Ms. BUSH, Mr. CARSON, Mr. CARTER of Louisiana, Mr. CICILLINE, 

Ms. CLARKE of New York, Mr. COOPER, Mr. COSTA, Mr. DANNY K. 

DAVIS of Illinois, Mrs. DINGELL, Mr. ESPAILLAT, Mr. EVANS, Ms. GARCIA of Texas, Mr. GOMEZ, Mr. GRIJALVA, Ms. JACKSON LEE, Ms. 

JAYAPAL, Mr. JOHNSON of Georgia, Mrs. KIRKPATRICK, Mr. LARSON of 

Connecticut, Ms. LEE of California, Mr. LOWENTHAL, Ms. MENG, Mrs. 

NAPOLITANO, Ms. NEWMAN, Ms. NORTON, Mr. PAYNE, Ms. PRESSLEY, 

Ms. SCHAKOWSKY, Mr. THOMPSON of Mississippi, Ms. TLAIB, Mr. 

TORRES of New York, Ms. VELA ́ZQUEZ, Mr. WELCH, and Ms. WILLIAMS

of Georgia) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Financial Services, 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 N– 

95 respirator masks for every individual in the United 

States during the COVID–19 pandemic using the Defense Production Act and other means. 


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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’’. 

6 SEC. 2. REQUIREMENT TO ELIMINATE MASK SHORTAGES. 

7 The President, acting through the Administrator, 

8 shall, as soon as practicable— 

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

10 masks in the United States; 

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

12 greatest extent practicable, in the United States; 

13 and 

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

15 general public and the health care workforce in ac16 cordance with this Act. 

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

18 INDIVIDUAL IN THE UNITED STATES. 

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

20 date of enactment of this Act, the Administrator shall es21 tablish a program to provide a supply of 3 N–95 respirator 

22 masks to every individual in the United States, including 

23 individuals— 

24 (1) experiencing homelessness; and 


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

2 Census Bureau for the purposes of the most recent 

3 decennial census. 

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

5 receives a supply of N–95 respirator masks under this sec6 tion shall not be charged for the N–95 respirator masks, 

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

8 other administrative cost relating to the N–95 respirator 

9 masks. 

10 (c) PROHIBITION ON IDENTIFICATION REQUIRE11 MENT.—An individual that receives a supply of N–95 res12 pirator masks under this section shall not be required to 

13 provide identification or proof of citizenship in order to 

14 receive the N–95 respirator masks. 

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

16 N–95 respirator masks provided under this section shall 

17 be delivered using the United States Postal Service. 

18 (e) EDUCATIONAL MATERIALS.— 

19 (1) IN GENERAL.—N–95 respirator masks pro20 vided under this section shall be accompanied by a 

21 1-page fact sheet on the importance of wearing N– 

22 95 respirator masks, the proper use of N–95 res23 pirator masks, and the nearest N–95 respirator 

24 mask pickup sites designated under subsection (f). 


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1 (2) REQUIREMENTS.—The information included 

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

3 be— 

4 (A) scientifically and medically accurate; 

5 (B) written for a layperson; 

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

7 that is easy to read; and 

8 (D) provided in the languages that are 

9 most appropriate for the community. 

10 (3) PUBLICATION OF INFORMATION.—The in11 formation included in the fact sheet required under 

12 paragraph (1) shall be published on the public 

13 website of the Federal Emergency Management 

14 Agency and the Department of Health and Human 

15 Services in multiple languages and in a manner that 

16 is in compliance with the Americans with Disabilities 

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

18 by the visually impaired. 

19 (f) MASK PICKUP SITES.— 

20 (1) IN GENERAL.—The Administrator shall des21 ignate N–95 respirator mask pickup sites in each 

22 community and shall provide N–95 respirator masks 

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

24 distributed to the general public at no cost to the 

25 public. 


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1 (2) REQUIREMENTS FOR DESIGNATION OF

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

3 mask pickup sites under paragraph (1), the Admin4 istrator shall choose— 

5 (A) a location of a public entity, organiza6 tion, or business that provides essential services 

7 to communities, such as a post office, commu8 nity pharmacy, Federally-qualified health cen9 ter, senior center, congregate meal site, and 

10 COVID–19 testing or vaccination site; 

11 (B) a location that is easily accessible and 

12 appropriate to maximize the public health re13 sponse to COVID–19; and 

14 (C) when possible, a location that is feder15 ally operated or is a recipient of Federal funds. 

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

17 site is designated as an N–95 respirator mask pick18 up site under paragraph (1)— 

19 (A) no individual shall be required to make 

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

21 masks at such location; and 

22 (B) the site shall agree to display informa23 tion, supplied by the Administrator, in a promi24 nent location that— 


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1 (i) advertises the availability of free 

2 N–95 respirator masks provided by the 

3 Federal Government; and 

4 (ii) meets the requirements described 

5 in subsection (e)(2). 

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

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

8 and providing the best available N–95 respirator 

9 masks under this section, the Administrator shall 

10 consider new designs to create the most comfortable, 

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

12 that— 

13 (A) have adjustable sizing; or 

14 (B) are available in different sizes, includ15 ing sizes for children. 

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

17 the requirements of this section, the Administrator 

18 may distribute respirator masks that— 

19 (A) are equivalent to N–95 respirator 

20 masks; and 

21 (B) have been tested by the Federal Gov22 ernment. 

23 (3) STRATEGIC NATIONAL STOCKPILE.—If sig24 nificant improvements in N–95 respirator mask 

25 technology are made available, the Administrator, in 


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1 coordination with the Secretary, shall ensure that 

2 such N–95 respirator masks are included in the 

3 strategic national stockpile. 

4 (h) REQUIRED COORDINATION AND CONSULTA5 TION.— 

6 (1) COORDINATION.—In carrying out this sec7 tion, the Administrator shall coordinate with the 

8 Secretary, the Assistant Secretary, the Postmaster 

9 General, and the heads of any other appropriate 

10 Federal departments or agencies. 

11 (2) CONSULTATION.—In carrying out this sec12 tion, the Administrator shall consult with States, 

13 units of local government, pickup sites, and appro14 priate labor unions, including labor organizations 

15 representing employees of the United States Postal 

16 Service. 

17 (i) EFFECT ON REQUESTS FOR PERSONAL PROTEC18 TIVE EQUIPMENT.—Any N–95 respirator mask provided 

19 under this section shall not be taken into account for pur20 poses of the Federal Government responding to State or 

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

22 respirator masks, personal protective equipment, or other 

23 supplies related to COVID–19. 


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1 SEC. 4. HEALTH CARE WORKFORCE. 

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

3 date of enactment of this Act, the Administrator shall pro4 vide N–95 respirator masks to all individuals working in 

5 health care settings in the United States that are experi6 encing a shortage of such masks, including settings that 

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

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

9 such masks are single-use masks. 

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

11 State that receives N–95 respirator masks under this sec12 tion shall not be charged for the masks, for the delivery 

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

14 to the masks. 

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

16 section, the Administrator shall coordinate— 

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

18 the Postmaster General, and the heads of any other 

19 appropriate Federal departments or agencies; and 

20 (2) to the greatest extent practicable, with 

21 other Federal programs that provide masks or other 

22 personal protective equipment to individuals working 

23 in health care settings. 

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

25 section, the Administrator shall consult with health care 

26 providers and labor organizations representing health proVerDate Sep 11 2014 23:04 Jan 14, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6385.IH H6385

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1 fessionals and other individuals working in health care set2 tings. 

3 SEC. 5. USE OF AUTHORITIES. 

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

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

6 available authorities at the disposal of the Federal 

7 Government to procure and domestically manufac8 ture N–95 respirator masks and support the domes9 tic manufacturing of N–95 respirator masks, includ10 ing emergency authorities, such as the Defense Pro11 duction Act of 1950 (50 U.S.C. 4501 et seq.), the 

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

13 and the Robert T. Stafford Disaster Relief and 

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

15 and 

16 (2) the Administrator shall make use of au17 thorities delegated to the Administrator under title 

18 I and title III of the Defense Production Act of 

19 1950 (50 U.S.C. 4511 et seq.) to increase domestic 

20 production of N–95 respirator masks. 

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

22 procured or manufactured for purposes of carrying out 

23 this Act shall be purchased in accordance with Federal 

24 Acquisition Regulation guidance on fair and reasonable 

25 pricing. 


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

2 the possession of the Federal Emergency Management 

3 Agency or the Department of Health and Human Services 

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

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

6 be added to the strategic national stockpile. 

7 SEC. 6. APPROPRIATION; LIMITATIONS. 

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

9 amounts in the Treasury not otherwise appropriated, 

10 $5,000,000,000, to remain available until the date de11 scribed in subsection (d), to the Administrator to carry 

12 out this Act, provided that the Administrator uses such 

13 amounts as are necessary to reimburse the United States 

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

15 under this Act. 

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

17 this section shall be provided to— 

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

19 or serving in a Senior Executive Service position; or 

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

21 part by a Federal elected official or serving in a 

22 Senior Executive Service position. 

23 (c) EMERGENCY DESIGNATION.— 

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

25 this section are designated as an emergency requireVerDate Sep 11 2014 23:04 Jan 14, 2022 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6385.IH H6385

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1 ment pursuant to section 4(g) of the Statutory Pay2 As-You-Go Act of 2010 (2 U.S.C. 933(g)). 

3 (2) DESIGNATION IN HOUSE AND SENATE.— 

4 This section is designated as an emergency require5 ment pursuant to subsections (a) and (b) of section 

6 4001 of S. Con. Res. 14 (117th Congress), the con7 current resolution on the budget for fiscal year 

8 2022. 

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

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

11 19 are reported in the United States for a period of not 

12 less than 14 consecutive days. 

13 SEC. 7. REPORTS TO CONGRESS. 

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

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

16 shall submit to Congress a strategic plan that includes 

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

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

19 masks; 

20 (2) increase domestic production of N–95 res21 pirator masks to the greatest extent possible; 

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

23 95 respirator masks manufactured in the United 

24 States; 


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

2 general public and the health care workforce in ac3 cordance with this 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 N– 

17 95 respirator masks; 

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

19 (D) the distribution of N–95 respirator 

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

21 (E) the prices paid by the Federal Govern22 ment and to which suppliers such amounts were 

23 paid; and 

24 (2) any other information requested by Con25 gress. 


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1 (c) INSPECTOR GENERAL OVERSIGHT.— 

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

3 the Department of Homeland Security shall conduct 

4 monitoring and oversight of the receipt, disburse5 ment, and use of funds made available under this 

6 Act. 

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

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

9 of the Department of Homeland Security shall con10 duct an audit of the program established under this 

11 Act and submit to Congress a report on the findings 

12 of such audit. 

13 SEC. 8. DEFINITIONS. 

14 In this Act: 

15 (1) ADMINISTRATOR.—The term ‘‘Adminis16 trator’’ means the Administrator of the Federal 

17 Emergency Management Agency. 

18 (2) ASSISTANT SECRETARY.—The term ‘‘Assist19 ant Secretary’’ means the Assistant Secretary for 

20 Preparedness and Response of the Department of 

21 Health and Human Services. 

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

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

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

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


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

2 the Secretary of Health and Human Services. 

3 (5) SENIOR EXECUTIVE SERVICE POSITION.— 

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

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

6 title 5, United States Code. 

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

8 (A) any State of the United States; 

9 (B) the District of Columbia; 

10 (C) the Commonwealth of Puerto Rico; 

11 (D) Guam; 

12 (E) American Samoa; 

13 (F) the Commonwealth of the Northern 

14 Mariana Islands; 

15 (G) the Federated States of Micronesia; 

16 (H) the Republic of the Marshall Islands; 

17 (I) the Republic of Palau; 

18 (J) the United States Virgin Islands; and 

19 (K) each Indian Tribe. 

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

21 States’’ means— 

22 (A) each of the several States of the 

23 United States; 

24 (B) the District of Columbia; 

25 (C) the Commonwealth of Puerto Rico; 


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1 (D) Guam; 

2 (E) American Samoa; 

3 (F) the Commonwealth of the Northern 

4 Mariana Islands; 

5 (G) the Federated States of Micronesia; 

6 (H) the Republic of the Marshall Islands; 

7 (I) the Republic of Palau; 

8 (J) the United States Virgin Islands; and 

9 (K) each Indian Tribe. 

Æ 


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