II Calendar No. 520 112th CONGRESS 2d Session S. 3391 IN THE SENATE OF THE UNITED STATES July 17, 2012 Ms. Klobuchar (for herself, Mrs. Shaheen, Mr. Boozman, Mr. Portman, Mr. Franken, Mr. Burr, and Mr. Brown of Ohio) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions September 19, 2012 Reported by Mr. Harkin, without amendment A BILL To amend section 353 of the Public Health Service Act with respect to suspension, revocation, and limitation of laboratory certification.

1.

Short title

This Act may be cited as the Taking Essential Steps for Testing Act or the TEST Act.

2.

Suspension, revocation, and limitation of laboratory certification

Section 353 of the Public Health Service Act (42 U.S.C. 263a) is amended— (1)in subsection (d)(1)(E), by inserting , except that no proficiency testing sample shall be referred to another laboratory for analysis as prohibited under subsection (i)(4) before the period at the end; and (2)in subsection (i)— (A)in paragraph (3), by inserting before the period at the end of the first sentence the following: , except that if the revocation occurs pursuant to paragraph (4) the Secretary may substitute intermediate sanctions under subsection (h) instead of the 2-year prohibition against ownership or operation which would otherwise apply under this paragraph; and (B)in paragraph (4), by striking shall the first place it appears and inserting may.

September 19, 2012 Reported without amendment