S.Amdt. 2423

SA 2423. 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, units
of local government, and appropriate labor unions, shall
establish a program to eliminate all shortages of face masks,
surgical masks, and N-95 respirator masks in the United
States as soon as practicable.
(2) Requirements.--The program required to be developed
under paragraph (1) shall provide for the following:
(A) Household deliveries.--A one-time supply of face masks
shall be provided and delivered through the United States
Postal Service, free of charge, to every individual and
household in the United States.
(B) Additional deliveries.--A one-time supply of face masks
shall be provided, free of charge, to individuals who do not
receive face masks that are delivered to households by the
United States Postal Service, including--
(i) all individuals who are experiencing homelessness; and
(ii) all individuals who are living in group quarters, as
defined by the Census Bureau for the purposes of the most
recent decennial census.
(C) Health care providers.--Needed surgical masks and N-95
respirator masks shall be provided to all health care
providers in the United States, free of charge, either
directly or to each State for distribution to health care
providers.
(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 face masks.
(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, manufacture,
and support the domestic manufacturing of face masks,
surgical masks, and N-95 respirator 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.).

[[Page S4236]]

(2) Requirement.--Any face masks, surgical masks, and N-95
respirator 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, $5,000,000,000,
to remain available until the date described in paragraph
(4), 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.
(4) Date described.--The date described in this paragraph
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.
(d) Reports to Congress.--Beginning 7 days after the date
of enactment of this Act, and every 7 days thereafter until
the requirements of this section are met, 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, including information on
progress made toward eliminating all shortages of face masks,
surgical masks, and N-95 respirator masks in the United
States as soon as practicable, and a timeline for when such
shortage elimination will be achieved;
(2) information on--
(A) the use of funds under this section;
(B) the current and projected supply of face masks,
surgical masks, and N-95 respirator masks;
(C) the sources of face masks, surgical masks, and N-95
respirator masks;
(D) the distribution of face masks, surgical masks, and N-
95 respirator masks, by State, geographic area, and need;
(E) 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 subparagraph (A) or (B) of subsection (a)(2)
shall not be taken into account for purposes of the Federal
Government responding to State or health care provider
requests for surgical masks, N-95 respirator masks, 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, surgical masks, and N-95
respirator 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
(c)(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 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) One-time supply.--The term ``one-time supply'' means
not less than 3 face masks 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) State.--The term ``State'' means--
(A) any State 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.
(8) 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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