[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3601 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3601

   To prevent States from using or distributing resources during the 
  COVID-19 national emergency in accordance with a State policy that 
   discriminates on the basis of disability, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 5, 2020

   Mr. Sasse introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To prevent States from using or distributing resources during the 
  COVID-19 national emergency in accordance with a State policy that 
   discriminates on the basis of disability, 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 ``Ending Qualifications that are 
Unjust for Access to Lifesaving Care Act'' or the ``EQUAL Care Act''.

SEC. 2. PROHIBITION ON DISCRIMINATION ON THE BASIS OF DISABILITY WITH 
              RESPECT TO THE DISTRIBUTION OR USE OF RESOURCES DURING 
              COVID-19 NATIONAL EMERGENCY.

    (a) In General.--No State shall receive a resource, including a 
ventilator, from the Strategic National Stockpile, or through any 
defense production contract, during the COVID-19 national emergency if 
the Secretary of Health and Human Services, in coordination with the 
Secretary of Homeland Security, determines under subsection (b) that 
the State has in effect a policy that discriminates on the basis of 
disability with respect to the use or distribution of such resource.
    (b) Determinations.--
            (1) In general.--Notwithstanding section 319F-2(a) of the 
        Public Health Service Act (42 U.S.C. 247d-6b(a)) or any other 
        provision of law, the Secretary of Health and Human Services, 
        in coordination with the Secretary of Homeland Security, shall, 
        prior to the distribution of any resource from the Strategic 
        National Stockpile, or through any defense production contract, 
        to a State, certify that the policy of that State in using or 
        distributing that resource is not discriminatory on the basis 
        of disability.
            (2) Period for holding resources.--If the Secretary, in 
        coordination with the Secretary of Homeland Security, 
        determines under paragraph (1) that the policy of a State with 
        respect to the use or distribution of a resource described in 
        such paragraph is discriminatory on the basis of disability, 
        the Secretary, or Secretary of Homeland Security (as 
        applicable), shall ensure that such resource is withheld from 
        the State until the State modifies the policy so that it is no 
        longer so discriminatory.
            (3) Rule of construction.--A certification under paragraph 
        (1) shall--
                    (A) apply only with respect to the resource in 
                question, and the allocation of such resource within 
                the State; and
                    (B) shall not have any effect on the determination 
                of whether the State is in violation of any other 
                Federal law or have any effect on enforcement under any 
                other Federal law.
    (c) Definitions.--In this section:
            (1) COVID-19 national emergency.--The term ``COVID-19 
        national emergency'' means the period in which the national 
        emergency declared by the President under the National 
        Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the 
        Coronavirus Disease 2019 (COVID-19), is in effect.
            (2) Defense production contract.--The term ``defense 
        production contract'' means a contract that the Federal 
        Government has entered into under the Defense Production Act of 
        1950 (50 U.S.C. 4501 et seq.).
            (3) Disability.--The term ``disability'' has the meaning 
        given such term in section 3 of the Americans with Disabilities 
        Act of 1990 (42 U.S.C. 12102).
            (4) Strategic national stockpile.--The term ``Strategic 
        National Stockpile'' means the stockpile established under 
        section 319F-2(a) of the Public Health Service Act (42 U.S.C. 
        247d-6b(a)).
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