S. 3440 (117th Congress) — To prohibit the Federal Government from limiting State access to key therapies
Summary
S. 3440 is a Senate bill introduced January 4, 2022 by Cruz and referred to the Committee on Banking, Housing, and Urban Affairs. It would amend the Federal Food, Drug, and Cosmetic Act and the Defense Production Act of 1950 to prohibit the Federal Government from limiting State access to key therapies, such as monoclonal antibodies, and from prioritizing Federal contracts over State contracts relating to purchasing supplies to combat the COVID–19 pandemic. Section 1 is headed ensuring fairness for State contracts relating to supplies to combat the pandemic.
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“S. 3440 (117th Congress) — To prohibit the Federal Government from limiting State access to key therapies.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s3440is-bills-117s3440is/
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II
117TH CONGRESS
2D SESSION
S. 3440
To amend the Federal Food, Drug, and Cosmetic Act and the Defense
Production Act of 1950 to prohibit the Federal Government from limiting
State access to key therapies, such as monoclonal antibodies, and from
prioritizing Federal contracts over State contracts relating to purchasing
supplies to combat the COVID–19 pandemic.
IN THE SENATE OF THE UNITED STATES
JANUARY 4, 2022
Mr. CRUZ introduced the following bill; which was read twice and referred to
the Committee on Banking, Housing, and Urban Affairs
A BILL
To amend the Federal Food, Drug, and Cosmetic Act and
the Defense Production Act of 1950 to prohibit the Fed-
eral Government from limiting State access to key thera-
pies, such as monoclonal antibodies, and from prioritizing
Federal contracts over State contracts relating to pur-
chasing supplies to combat the COVID–19 pandemic.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
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1 SECTION 1. ENSURING FAIRNESS FOR STATE CONTRACTS
2 RELATING TO SUPPLIES TO COMBAT COVID–
3 19 PANDEMIC.
4 (a) TREATMENT UNDER DEFENSE PRODUCTION ACT
5 OF 1950.—Section 101 of the Defense Production Act of
6 1950 (50 U.S.C. 4511) is amended—
7 (1) in subsection (a), by striking ‘‘The Presi-
8 dent’’ and inserting ‘‘Except as provided by sub-
9 section (e), the President’’; and
10 (2) by adding at the end the following:
11 ‘‘(e) EXCEPTION FOR STATE CONTRACTS RELATING
12 TO COVID–19 PANDEMIC.—The President may not exer-
13 cise the authority provided by subsection (a) on or after
14 the date of the enactment of this subsection to prioritize
15 the performance of contracts or orders of the Federal Gov-
16 ernment relating to the purchase of supplies to combat
17 the COVID–19 pandemic over the performance of con-
18 tracts or orders of the government of a State or territory
19 or possession of the United States relating to the purchase
20 of such supplies.’’.
21 (b) TREATMENT UNDER FEDERAL FOOD, DRUG,
22 AND COSMETIC ACT.—Section 564(j) of the Federal Food,
23 Drug, and Cosmetic Act (21 U.S.C. 360bbb–3(j)) is
24 amended by adding at the end the following:
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25 ‘‘(5) Nothing in this section or any other provi-
26 sion of law shall be construed to authorize the Sec-
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1 retary to ration a drug authorized for use under this
2 section, limit or restrict access to such a drug, or
3 otherwise control the quantity of such a drug made
4 available for or distributed to any State or territory,
5 including by imposing any limitation on distribution
6 of such a drug to governmental entities, such as re-
7 quiring a State- and territorial-coordinated distribu-
8 tion system or similar distribution system.’’.
9 (c) USE OF COVID–19 RELIEF FUNDS TO PUR-
10 CHASE SUPPLIES FOR STATES.—
11 (1) IN GENERAL.—Notwithstanding any other
12 provision of law, a State or territory or possession
13 of the United States may use funds described in
14 paragraph (2) to purchase supplies to combat the
15 COVID–19 pandemic that the State, territory, or
16 possession was unable to purchase before the date of
17 the enactment of this Act because of the invocation
18 by the President of the authority to prioritize con-
19 tracts and orders under section 101 of the Defense
20 Production Act of 1950 (50 U.S.C. 4511).
21 (2) FUNDS DESCRIBED.—Funds described in
22 this paragraph are funds made available to a State
23 or territory or possession of the United States pur-
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24 suant to any of the following Acts and available for
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1 obligation as of the date of the enactment of this
2 Act:
3 (A) The Coronavirus Preparedness and
4 Response Supplemental Appropriations Act,
5 2020 (Public Law 116–123; 134 Stat. 146).
6 (B) The Families First Coronavirus Re-
7 sponse Act (Public Law 116–127; 134 Stat.
8 178).
9 (C) The Coronavirus Aid, Relief, and Eco-
10 nomic Security Act (Public Law 116–136; 134
11 Stat. 281).
12 (D) The Paycheck Protection Program and
13 Health Care Enhancement Act (Public Law
14 116–139; 134 Stat. 620).
15 (E) The Consolidated Appropriations Act,
16 2021 (Public Law 116–260).
17 (F) The American Rescue Plan Act of
18 2021 (Public Law 117–2).
19 (G) Any other Act providing funding relat-
20 ing to the COVID–19 pandemic.
Æ
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