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S. 3440 117th Congress Senate

A bill 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…

Official title: A bill 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 t… Show full official titleShow less

Official title: A bill 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.

Introduced: January 4, 2022 Introduced by: Ted Cruz Republican · Texas See on congress.gov
Health Cardiovascular and respiratory healthDrug safety, medical device, and laboratory regulationDrug therapyEmergency medical services and trauma care
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Health care coverage and accessHealth programs administration and fundingHealth technology, devices, suppliesInfectious and parasitic diseasesIntergovernmental relationsMilitary procurement, research, weapons developmentPresidents and presidential powers, Vice PresidentsPublic contracts and procurementState and local government operations
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This bill died when the 117th Congress ended
It never became law before the 117th Congress (2021–2022) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 2 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jan 4, 2022
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Jan 4, 2022
Introduced in Senate
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 Latest action January 4, 2022

Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

 Plain-English summary Congressional Research Service

This bill restricts various presidential and federal authorities related to the acquisition of supplies to combat COVID-19.

Specifically, the bill prohibits the President from exercising certain authorities under the Defense Production Act of 1950 to prioritize the performance of federal contracts or orders for COVID-19 supplies over the performance of state or territorial contracts or orders. In addition, states or territories may use federal COVID-19 relief funds for COVID-19 supplies that they had been unable to purchase because of prioritized performance of federal contracts or orders. (The Defense Production Act of 1950 confers upon the President a broad set of authorities to influence domestic industry in order to provide essential materials and goods needed for the national defense.)

Additionally, the Food and Drug Administration may not ration, limit, restrict access to, or otherwise control the quantity of a medical product authorized for use during an emergency, including by requiring products to be distributed through a state- or territorial-based system.

 Related & companion bills 1
  • HR 6832 Identical bill To amend the Federal Food, Drug, and Cosmetic Act and the Defense Production Act of 1950 to prohibit the Federal Govern…
 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
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APA
U.S. Congress. (2026). S. 3440: A bill 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.. 117th Congress. Open America. https://openamerica.io/bill/117-S-3440/
MLA
"S. 3440: A bill 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.." 117th Congress, 2026, Open America, https://openamerica.io/bill/117-S-3440/.
Bluebook (legal)
S. 3440, 117th Cong. (2026), https://openamerica.io/bill/117-S-3440/.
Markdown link
[S. 3440: A bill 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.](https://openamerica.io/bill/117-S-3440/)
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