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 . 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