S.Amdt. 1920

SA 1920. Mr. SANDERS submitted an amendment intended to be proposed
by him to the bill S. 4049, to authorize appropriations for fiscal year
2021 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. ESTABLISHING A NATIONAL PROGRAM TO DISTRIBUTE FACE
MASKS DURING THE COVID-19 EMERGENCY.

(a) Establishment of Program.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the President, acting through the
Administrator, in coordination with the Secretary, the
Postmaster General, and the heads of any other relevant
Federal agencies, and in consultation with Governors and
appropriate labor unions, shall establish a program to
provide, and deliver through the United States Postal
Service, a monthly supply of face masks, free of charge, to
every individual and household in the United States, until
the date described in paragraph (4).
(2) Additional deliveries.--In developing the program under
paragraph (1), the President, acting through the
Administrator, in coordination with the Secretary, shall work
with States and units of local government to ensure a monthly
supply of masks is provided to individuals who do not receive
masks that are delivered to households by the United States
Postal Service, including--
(A) all individuals who are experiencing homelessness; and
(B) all individuals who are living in group quarters, as
defined by the Census Bureau for the purposes of the most
recent decennial census.
(3) Prohibition on identification requirement.--The program
developed under paragraph (1) shall not require any
individual in the United States to provide identification or
proof of citizenship in order to receive masks.
(4) Date described.--The date described in this subsection
is the date on which no new cases of COVID-19 are reported in
the United States for a period of not less than 14
consecutive days.
(b) Use of Authorities.--
(1) In general.--To carry out this section, the President
shall make use of any and all available authorities at the
disposal of the Federal Government to procure, manufacturer,
and support the domestic manufacturing of face masks,
including emergency authorities, such as the Defense
Production Act of 1950 (50 U.S.C. 4511 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), and the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
(2) Requirement.--Any face masks procured or manufactured
for purposes of carrying out this section shall be purchased
in accordance with Federal Acquisition Regulation guidance on
fair and reasonable pricing.
(c) Funding.--
(1) Appropriation.--There is appropriated, out of amounts
in the Treasury not otherwise appropriated, $75,000,000,000
to the Administrator to carry out this section.
(2) Limitation.--No funds made available under this
subsection shall be provided to--
(A) any person who is a Federal elected official or serving
in a Senior Executive Service position; or
(B) any entity that is controlled in whole or in part by a
Federal elected official or serving in a Senior Executive
Service position.
(3) Emergency designation.--
(A) In general.--The amounts provided under this section
are designated as an emergency requirement pursuant to
section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 933(g)).
(B) Designation in senate.--In the Senate, this section is
designated as an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018.
(d) Reports to Congress.--Beginning 7 days after the date
of enactment of this Act, and every 7 days thereafter until
the date described in subsection (a)(4), the Administrator
and the Secretary shall jointly submit to Congress a detailed
report on the implementation of and activities authorized by
this section, including--
(1) detailed plans to establish and implement the program
required under this section;
(2) information on--
(A) the use of funds under this section;
(B) the current and projected supply of face masks, and the
sources of such masks;
(C) the distribution of face masks by State, geographic
area, and need;
(D) the prices paid by the Federal Government and to which
suppliers such amounts were paid; and
(3) any other information requested by Congress.
(e) Effect on State Requests for PPE.--Any face masks
delivered under this section shall not be taken into account
for purposes of the Federal Government responding to State or
health provider requests for personal protective equipment or
other supplies related to COVID-19.
(f) Required Consultation.--The consultation with
appropriate labor unions required under subsection (a)(1)
shall include consultation with labor organizations
representing employees of the United States Postal Service,
including regarding the safety of such employees who carry
out the activities authorized under this section.
(g) Excess Masks.--Any face masks in the possession of the
Federal Emergency Management Agency or the Department of
Health and Human Services for purposes of carrying out this
section that have not been distributed as of the date
described in subsection (a)(4) shall be added to the
strategic national stockpile.
(h) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Face mask.--The term ``face mask'' means--
(A) a surgical mask; or
(B) if there is a shortage of surgical masks, a tight-weave
cloth mask.
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4(e) of
the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304(e)).
(4) Monthly supply.--The term ``monthly supply'' means not
less than 5 face masks per month per individual.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(6) Senior executive service position.--The term ``Senior
Executive Service position'' has the meaning given that term
in section 3132(a) of title 5, United States Code.
(7) United states.--The term ``United States'' means--
(A) each of the several States of the United States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau;
(J) the United States Virgin Islands; and
(K) each Indian Tribe.
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