[Pages S4235-S4236]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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