,,ii  #aafth ,,congress  #b;d ,session  
,s4 #cfja  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #e1       
#bjbj,mr4 ,sasse introduced the         
following bill2 which was read twice and
 referred to the ,committee on ,health1 
,education1 ,labor1 and ,pensions  ,a   
,,bill  ,to prevent ,states from using  
or distributing resources during the    
,,covid-#ai national emergency in       
accordance with a ,state policy that    
discriminates on the basis of           
disability1 and for other purposes4  #a4
 ,short title ,this ,act may be cited as
 the ,ending ,qualifications that are   
,unjust for ,access to ,lifesaving ,care
 ,act or the ,,equal ,care ,act4  #b4   
,prohibition on discrimination on the   
basis of disability with respect to the 
distribution or use of resources during 
,,covid-#ai national emergency  7a7 ,in 
general ,no ,state shall receive a      
resource1 including a ventilator1 from  
the ,strategic ,national ,stockpile1 or 
through any defense production contract1

 during the ,,covid-#ai national        
emergency if the ,secretary of ,health  
and ,human ,services1 in coordination   
with the ,secretary of ,homeland        
,security1 determines under subsection  
7b7 that the ,state has in effect a     
policy that discriminates on the basis  
of disability with respect to the use or
 distribution of such resource4  7b7    
,determinations  7#a7 ,in general       
,notwithstanding section #cai;,f-#b7;a7 
of the ,public ,health ,service ,act    
7#db ,u4,s4,c4 #bdg;d-#f;b7a77 or any   
other provision of law1 the ,secretary  
of ,health and ,human ,services1 in     
coordination with the ,secretary of     
,homeland ,security1 shall1 prior to the
 distribution of any resource from the  
,strategic ,national ,stockpile1 or     
through any defense production contract1
 to a ,state1 certify that the policy of
 that ,state in using or distributing   
that resource is not discriminatory on  
the basis of disability4  7#b7 ,period  
for holding resources ,if the           

,secretary1 in coordination with the    
,secretary of ,homeland ,security1      
determines under paragraph 7#a7 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          
disability1 the ,secretary1 or          
,secretary of ,homeland ,security 7as   
applicable71 shall ensure that such     
resource is withheld from the ,state    
until the ,state modifies the policy so 
that it is no longer so discriminatory4 
7#c7 ,rule of construction ,a           
certification under paragraph 7#a7      
shall-- 7,a7 apply only with respect to 
the resource in question1 and the       
allocation of such resource within the  
,state2 and  7,b7 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    
law4  7c7 ,definitions ,in this section3
 7#a7 ,,covid-#ai national emergency    

,the term ,,covid-#ai national emergency
 means the period in which the national 
emergency declared by the ,president    
under the ,national ,emergencies ,act   
7#ej ,u4,s4,c4 #afja et seq47 with      
respect to the ,coronavirus ,disease    
#bjai 7,,covid-#ai71 is in effect4  7#b7
 ,defense production contract ,the term 
defense production contract means a     
contract that the ,federal ,government  
has entered into under the ,defense     
,production ,act of #aiej 7#ej ,u4,s4,c4
 #deja et seq474  7#c7 ,disability ,the 
term disability has the meaning given   
such term in section #c of the          
,americans with ,disabilities ,act of   
#aiij 7#db ,u4,s4,c4 #abajb74  7#d7     
,strategic ,national ,stockpile ,the    
term ,strategic ,national ,stockpile    
means the stockpile established under   
section #cai;,f-#b7;a7 of the ,public   
,health ,service ,act 7#db ,u4,s4,c4    
#bdg;d-#f;b7a774