EQUAL Care Act

II 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 discrimi- nates 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 dur- ing 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Ending Qualifications 4 that are Unjust for Access to Lifesaving Care Act’’ or the 5 ‘‘EQUAL Care Act’’. 6 VerDate Sep 11 2014 01:54 May 06, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3601.IS S3601 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3601 IS SEC. 2. PROHIBITION ON DISCRIMINATION ON THE BASIS 1 OF DISABILITY WITH RESPECT TO THE DIS- 2 TRIBUTION OR USE OF RESOURCES DURING 3 COVID–19 NATIONAL EMERGENCY. 4 (a) IN GENERAL.—No State shall receive a resource, 5 including a ventilator, from the Strategic National Stock- 6 pile, or through any defense production contract, during 7 the COVID–19 national emergency if the Secretary of 8 Health and Human Services, in coordination with the Sec- 9 retary of Homeland Security, determines under subsection 10 (b) that the State has in effect a policy that discriminates 11 on the basis of disability with respect to the use or dis- 12 tribution of such resource. 13 (b) DETERMINATIONS.— 14 (1) IN GENERAL.—Notwithstanding section 15 319F–2(a) of the Public Health Service Act (42 16 U.S.C. 247d–6b(a)) or any other provision of law, 17 the Secretary of Health and Human Services, in co- 18 ordination with the Secretary of Homeland Security, 19 shall, prior to the distribution of any resource from 20 the Strategic National Stockpile, or through any de- 21 fense production contract, to a State, certify that 22 the policy of that State in using or distributing that 23 resource is not discriminatory on the basis of dis- 24 ability. 25 VerDate Sep 11 2014 01:54 May 06, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3601.IS S3601 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3601 IS (2) PERIOD FOR HOLDING RESOURCES.—If the 1 Secretary, in coordination with the Secretary of 2 Homeland Security, determines under paragraph (1) 3 that the policy of a State with respect to the use or 4 distribution of a resource described in such para- 5 graph is discriminatory on the basis of disability, the 6 Secretary, or Secretary of Homeland Security (as 7 applicable), shall ensure that such resource is with- 8 held from the State until the State modifies the pol- 9 icy so that it is no longer so discriminatory. 10 (3) RULE OF CONSTRUCTION.—A certification 11 under paragraph (1) shall— 12 (A) apply only with respect to the resource 13 in question, and the allocation of such resource 14 within the State; and 15 (B) shall not have any effect on the deter- 16 mination of whether the State is in violation of 17 any other Federal law or have any effect on en- 18 forcement under any other Federal law. 19 (c) DEFINITIONS.—In this section: 20 (1) COVID–19 NATIONAL EMERGENCY.—The 21 term ‘‘COVID–19 national emergency’’ means the 22 period in which the national emergency declared by 23 the President under the National Emergencies Act 24 VerDate Sep 11 2014 01:54 May 06, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3601.IS S3601 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3601 IS (50 U.S.C. 1601 et seq.) with respect to the 1 Coronavirus Disease 2019 (COVID–19), is in effect. 2 (2) DEFENSE PRODUCTION CONTRACT.—The 3 term ‘‘defense production contract’’ means a con- 4 tract that the Federal Government has entered into 5 under the Defense Production Act of 1950 (50 6 U.S.C. 4501 et seq.). 7 (3) DISABILITY.—The term ‘‘disability’’ has the 8 meaning given such term in section 3 of the Ameri- 9 cans with Disabilities Act of 1990 (42 U.S.C. 10 12102). 11 (4) STRATEGIC NATIONAL STOCKPILE.—The 12 term ‘‘Strategic National Stockpile’’ means the 13 stockpile established under section 319F–2(a) of the 14 Public Health Service Act (42 U.S.C. 247d–6b(a)). 15 Æ VerDate Sep 11 2014 01:54 May 06, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S3601.IS S3601 pamtmann on DSKBC07HB2PROD with BILLS