Federal Mask Mandate Limitations Act
Bill: H.R.8408 | Sponsor: Rep. Ellzey, Jake (R-TX)
Policy area: Health

Summary:
Federal Mask Mandate Limitations Act
This bill requires prior congressional approval of any executive agency mandate that requires wearing masks or face coverings on commercial aircraft, trains, vessels, and public transportation.
Before such a mandate may take effect, an agency must publish in the Federal Register and provide Congress and the Government Accountability Office (GAO) with scientific data, cost-benefit and economic impact analyses, and other information about the mandate's rationale.
The GAO must, within 15 days, provide a report to Congress that assesses (1) the agency's compliance with the bill's provisions, and (2) the effect of the mask mandate on private-sector activity.
Generally, the mandate shall not go into effect unless Congress approves it through a joint resolution; the bill sets procedures for the consideration of the joint resolution.
However, the mandate may temporarily go into effect without congressional approval if the President determines the mandate is necessary to address (1) imminent health or safety threats or other emergencies, (2) the enforcement of criminal laws, or (3) national security.

To require a time limitation on covered agency mask mandate 
                 requirements, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Mask Mandate Limitations 
Act''.

SEC. 2. MASK MANDATE INFORMATION REQUIREMENT.

    (a) In General.--If the head of a Federal agency issues a 
requirement for an individual to wear a mask or facial covering on 
commercial aircraft, airports, trains, public maritime vessels 
including ferries, and all forms of public transportation defined in 
section 5302 of title 49, United States Code, such head shall publish 
in the Federal Register a list of information on which the decision to 
implement the requirement was based, including a data, scientific, and 
cost-benefit analysis and the economic impact of such requirement.
    (b) Submission to Congress.--Upon the implementation of a 
requirement described in subsection (a), the head of the covered agency 
concerned shall submit to Congress and the chairman and ranking member 
of the Committee on Transportation and Infrastructure, the Committee on 
Energy and Commerce, and the Committee on Homeland Security of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report containing--
            (1) a copy of the information described in subsection (a); 
        and
            (2) the proposed effective date of the requirement 
        concerned.

SEC. 3. CONGRESSIONAL REVIEW OF MASK REQUIREMENTS.

    (a) Congressional Review.--
            (1)(A)(i) Before a requirement may take effect, the Federal 
        agency promulgating such requirement shall publish in the 
        Federal Register a list of information on which the requirement 
        is based, including data, scientific and economic studies, and 
        cost-benefit analyses, and identify how the public can access 
        such information online, and shall submit to each House of the 
        Congress and to the Comptroller General a report containing--
                    (I) a copy of the requirement;
                    (II) a concise general statement relating to the 
                requirement;
                    (III) a list of any other related regulatory 
                actions intended to implement the same statutory 
                provision or regulatory objective as well as the 
                individual and aggregate economic effects of those 
                actions; and
                    (IV) the proposed effective date of the 
                requirement.
            (ii) On the date of the submission of the report under 
        clause (i), the Federal agency promulgating the requirement 
        shall submit to the Comptroller General and make available to 
        each House of Congress--
                    (I) a complete copy of the cost-benefit analysis of 
                the requirement, if any, including an analysis of any 
                jobs added or lost, differentiating between public and 
                private sector jobs;
                    (II) the agency's actions pursuant to sections 603, 
                604, 605, 607, and 609 of title 5, United States Code;
                    (III) the agency's actions pursuant to sections 
                202, 203, 204, and 205 of the Unfunded Mandates Reform 
                Act of 1995; and
                    (IV) any other relevant information or requirements 
                under any other Act and any relevant Executive orders.
            (iii) Upon receipt of a report submitted under clause (i), 
        each House shall provide copies of the report to the chairman 
        and ranking member of each standing committee with jurisdiction 
        under the rules of the House of Representatives or the Senate 
        to report a bill to amend the provision of law under which the 
        requirement is issued.
            (B)(i) The Comptroller General shall provide a report on 
        each requirement to the committees of jurisdiction by the end 
        of 15 calendar days after the submission or publication date. 
        The report of the Comptroller General shall include an 
        assessment of the agency's compliance with procedural steps 
        required by subparagraph (A)(ii) and an assessment of whether 
        the requirement imposes any new limits or mandates on private-
        sector activity.
            (ii) Federal agencies shall cooperate with the Comptroller 
        General by providing information relevant to the Comptroller 
        General's report under clause (i).
            (C) A requirement relating to a report submitted under 
        subparagraph (A) shall take effect upon enactment of a joint 
        resolution of approval described in subsection (b) or as 
        provided for in the requirement following enactment of a joint 
        resolution of approval described in subsection (b), whichever 
        is later.
            (D) If a joint resolution of approval relating to a 
        requirement is not enacted within the period provided in 
        paragraph (2)(B), then a joint resolution of approval relating 
        to the same requirement may not be considered under this 
        section in the same Congress by either the House of 
        Representatives or the Senate.
            (2)(A) A requirement shall not take effect unless the 
        Congress enacts a joint resolution of approval described under 
        subsection (b).
            (B) If a joint resolution described in paragraph (1) is not 
        enacted into law by the end of 70 session days or legislative 
        days, as applicable, beginning on the date on which the report 
        referred to in paragraph (1)(A)(i) is received by Congress 
        (excluding days either House of Congress is adjourned for more 
        than 3 days during a session of Congress), then the requirement 
        described in that resolution shall be deemed not to be approved 
        and such requirement shall not take effect.
            (3)(A) Notwithstanding any other provision of this section 
        (except subject to subparagraph (C)), a requirement may take 
        effect for one 90-calendar-day period if the President makes a 
        determination under subparagraph (B) and submits written notice 
        of such determination to the Congress.
            (B) Subparagraph (A) applies to a determination made by the 
        President by Executive order that the requirement should take 
        effect because such requirement is--
                    (i) necessary because of an imminent threat to 
                health or safety or other emergency;
                    (ii) necessary for the enforcement of criminal 
                laws; or
                    (iii) necessary for national security;
            (C) An exercise by the President of the authority under 
        this subsection shall have no effect on the procedures under 
        subsection (b).
            (4)(A) In addition to the opportunity for review otherwise 
        provided under this section, in the case of any requirement for 
        which a report was submitted in accordance with paragraph 
        (1)(A)(i) during the period beginning on the date occurring--
                    (i) in the case of the Senate, 60 session days; or
                    (ii) in the case of the House of Representatives, 
                60 legislative days, before the date the Congress is 
                scheduled to adjourn a session of Congress through the 
                date on which the same or succeeding Congress first 
                convenes its next session, sections 802 shall apply to 
                such requirement in the succeeding session of Congress.
            (B)(i) In applying subsection (b) for purposes of such 
        additional review, a requirement described under subparagraph 
        (A) shall be treated as though--
                    (I) such requirement were published in the Federal 
                Register on--
                            (aa) in the case of the Senate, the 15th 
                        session day; or
                            (bb) in the case of the House of 
                        Representatives, the 15th legislative day, 
                        after the succeeding session of Congress first 
                        convenes; and
                    (II) a report on such requirement were submitted to 
                Congress under paragraph (1)(A) on such date.
            (ii) Nothing in this paragraph shall be construed to affect 
        the requirement under paragraph (1)(A) that a report shall be 
        submitted to Congress before a requirement can take effect.
            (C) A requirement described under subparagraph (A) shall 
        take effect as otherwise provided by law (including other 
        subsections of this section).
    (b) Congressional Approval Procedure for Requirements.--
            (1)(A) For purposes of this section, the term `joint 
        resolution' means only a joint resolution addressing a report 
        classifying a requirement pursuant to subsection 
        (a)(1)(A)(i)(III) that--
                    (i) bears no preamble;
                    (ii) bears the following title (with blanks filled 
                as appropriate): ``Approving the requirement submitted 
                by ___ relating to ___.'';
                    (iii) includes after its resolving clause only the 
                following (with blanks filled as appropriate): ``That 
                Congress approves the requirement submitted by ___ 
                relating to ___.''; and
                    (iv) is introduced pursuant to subparagraph (B).
            (B) After a House of Congress receives a report classifying 
        a requirement pursuant to subsection (a)(1)(A)(i)(III), the 
        majority leader of that House (or his or her respective 
        designee) shall introduce (by request, if appropriate) a joint 
        resolution described in subparagraph (A)--
                    (i) in the case of the House of Representatives, 
                within 3 legislative days; and
                    (ii) in the case of the Senate, within 3 session 
                days.
            (C) A joint resolution described in subparagraph (A) shall 
        not be subject to amendment at any stage of proceeding.
            (2) A joint resolution described in paragraph (1) shall be 
        referred in each House of Congress to the committees having 
        jurisdiction over the provision of law under which the 
        requirement is issued.
            (3) In the Senate, if the committee or committees to which 
        a joint resolution described in paragraph (1) has been referred 
        have not reported it at the end of 15 session days after its 
        introduction, such committee or committees shall be 
        automatically discharged from further consideration of the 
        resolution and it shall be placed on the calendar. A vote on 
        final passage of the resolution shall be taken on or before the 
        close of the 15th session day after the resolution is reported 
        by the committee or committees to which it was referred, or 
        after such committee or committees have been discharged from 
        further consideration of the resolution.
            (4)(A) In the Senate, when the committee or committees to 
        which a joint resolution is referred have reported, or when a 
        committee or committees are discharged (under paragraph (3)) 
        from further consideration of a joint resolution described in 
        paragraph (1), it is at any time thereafter in order (even 
        though a previous motion to the same effect has been disagreed 
        to) for a motion to proceed to the consideration of the joint 
        resolution, and all points of order against the joint 
        resolution (and against consideration of the joint resolution) 
        are waived. The motion is not subject to amendment, or to a 
        motion to postpone, or to a motion to proceed to the 
        consideration of other business. A motion to reconsider the 
        vote by which the motion is agreed to or disagreed to shall not 
        be in order. If a motion to proceed to the consideration of the 
        joint resolution is agreed to, the joint resolution shall 
        remain the unfinished business of the Senate until disposed of.
            (B) In the Senate, debate on the joint resolution, and on 
        all debatable motions and appeals in connection therewith, 
        shall be limited to not more than 2 hours, which shall be 
        divided equally between those favoring and those opposing the 
        joint resolution. A motion to further limit debate is in order 
        and not debatable. An amendment to, or a motion to postpone, or 
        a motion to proceed to the consideration of other business, or 
        a motion to recommit the joint resolution is not in order.
            (C) In the Senate, immediately following the conclusion of 
        the debate on a joint resolution described in paragraph (1), 
        and a single quorum call at the conclusion of the debate if 
        requested in accordance with the rules of the Senate, the vote 
        on final passage of the joint resolution shall occur.
            (D) Appeals from the decisions of the Chair relating to the 
        application of the rules of the Senate to the procedure 
        relating to a joint resolution described in paragraph (1) shall 
        be decided without debate.
            (5) In the House of Representatives, if any committee to 
        which a joint resolution described in paragraph (1) has been 
        referred has not reported it to the House at the end of 15 
        legislative days after its introduction, such committee shall 
        be discharged from further consideration of the joint 
        resolution, and it shall be placed on the appropriate calendar. 
        On the second and fourth Thursdays of each month it shall be in 
        order at any time for the Speaker to recognize a Member who 
        favors passage of a joint resolution that has appeared on the 
        calendar for at least 5 legislative days to call up that joint 
        resolution for immediate consideration in the House without 
        intervention of any point of order. When so called up a joint 
        resolution shall be considered as read and shall be debatable 
        for 1 hour equally divided and controlled by the proponent and 
        an opponent, and the previous question shall be considered as 
        ordered to its passage without intervening motion. It shall not 
        be in order to reconsider the vote on passage. If a vote on 
        final passage of the joint resolution has not been taken by the 
        third Thursday on which the Speaker may recognize a Member 
        under this subsection, such vote shall be taken on that day.
            (6)(A) If, before passing a joint resolution described in 
        paragraph (1), one House receives from the other a joint 
        resolution having the same text, then--
                    (i) the joint resolution of the other House shall 
                not be referred to a committee; and
                    (ii) the procedure in the receiving House shall be 
                the same as if no joint resolution had been received 
                from the other House until the vote on passage, when 
                the joint resolution received from the other House 
                shall supplant the joint resolution of the receiving 
                House.
            (B) This subsection shall not apply to the House of 
        Representatives if the joint resolution received from the 
        Senate is a revenue measure.
            (7) If either House has not taken a vote on final passage 
        of the joint resolution by the last day of the period described 
        in subsection (a)(2)(B), then such vote shall be taken on that 
        day.
            (8) This section is enacted by Congress--
                    (A) as an exercise of the rulemaking power of the 
                Senate and House of Representatives, respectively, and 
                as such are deemed to be part of the rules of each 
                House, respectively, but applicable only with respect 
                to the procedure to be followed in that House in the 
                case of a joint resolution described in paragraph (1) 
                and superseding other rules only where explicitly so; 
                and
                    (B) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                they relate to the procedure of that House) at any 
                time, in the same manner and to the same extent as in 
                the case of any other rule of that House.
    (c) Definitions.--For purposes of this section:
            (1) The term ``Federal agency'' means the Department of 
        Transportation, the Department of Homeland Security (including 
        the Transportation Security Administration), and the Department 
        of Health and Human Services.
            (2) The term ``requirement'' means any mask requirement 
        described in section 2.
            (3) The term ``submission or publication date'', except as 
        otherwise provided in this section, means the date on which the 
        Congress receives the report submitted under subsection 
        (a)(1)(A).
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