II 

117TH CONGRESS 

1ST SESSION S. 2098 

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 

JUNE 17, 2021 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ending Qualifications 

5 that are Unjust for Access to Lifesaving Care Act’’. 


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•S 2098 IS

1 SEC. 2. PROHIBITION ON DISCRIMINATION ON THE BASIS 

2 OF DISABILITY WITH RESPECT TO THE DIS3 TRIBUTION OR USE OF RESOURCES DURING 

4 COVID–19 NATIONAL EMERGENCY. 

5 (a) IN GENERAL.—No State shall receive a resource, 

6 including a ventilator, from the Strategic National Stock7 pile, or through any defense production contract, during 

8 the COVID–19 national emergency if the Secretary of 

9 Health and Human Services, in coordination with the Sec10 retary of Homeland Security, determines under subsection 

11 (b) that the State has in effect a policy that discriminates 

12 on the basis of disability with respect to the use or dis13 tribution of such resource. 

14 (b) DETERMINATIONS.— 

15 (1) IN GENERAL.—Notwithstanding section 

16 319F–2(a) of the Public Health Service Act (42 

17 U.S.C. 247d–6b(a)) or any other provision of law, 

18 the Secretary of Health and Human Services, in co19 ordination with the Secretary of Homeland Security, 

20 shall, prior to the distribution of any resource from 

21 the Strategic National Stockpile, or through any de22 fense production contract, to a State, certify that 

23 the policy of that State in using or distributing that 

24 resource is not discriminatory on the basis of dis25 ability. 


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•S 2098 IS

1 (2) PERIOD FOR HOLDING RESOURCES.—If the 

2 Secretary, in coordination with the Secretary of 

3 Homeland Security, determines under paragraph (1) 

4 that the policy of a State with respect to the use or 

5 distribution of a resource described in such para6 graph is discriminatory on the basis of disability, the 

7 Secretary, or Secretary of Homeland Security (as 

8 applicable), shall ensure that such resource is with9 held from the State until the State modifies the pol10 icy so that it is no longer so discriminatory. 

11 (3) RULE OF CONSTRUCTION.—A certification 

12 under paragraph (1) shall— 

13 (A) apply only with respect to the resource 

14 in question, and the allocation of such resource 

15 within the State; and 

16 (B) not have any effect on the determina17 tion of whether the State is in violation of any 

18 other Federal law or have any effect on enforce19 ment under any other Federal law. 

20 (c) DEFINITIONS.—In this section: 

21 (1) COVID–19 NATIONAL EMERGENCY.—The 

22 term ‘‘COVID–19 national emergency’’ means the 

23 period in which the national emergency declared by 

24 the President under the National Emergencies Act 


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•S 2098 IS

1 (50 U.S.C. 1601 et seq.) with respect to the 

2 Coronavirus Disease 2019 (COVID–19), is in effect. 

3 (2) DEFENSE PRODUCTION CONTRACT.—The 

4 term ‘‘defense production contract’’ means a con5 tract that the Federal Government has entered into 

6 under the Defense Production Act of 1950 (50 

7 U.S.C. 4501 et seq.). 

8 (3) DISABILITY.—The term ‘‘disability’’ has the 

9 meaning given such term in section 3 of the Ameri10 cans with Disabilities Act of 1990 (42 U.S.C. 

11 12102). 

12 (4) STRATEGIC NATIONAL STOCKPILE.—The 

13 term ‘‘Strategic National Stockpile’’ means the 

14 stockpile established under section 319F–2(a) of the 

15 Public Health Service Act (42 U.S.C. 247d–6b(a)). 

Æ 


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