[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3738 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3738

   To require the Secretary of Health and Human Services to provide 
updated information about COVID-19 testing to the public, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 14, 2020

 Ms. Smith (for herself, Ms. Warren, Mr. Blumenthal, Mrs. Gillibrand, 
  Mrs. Shaheen, Mr. Markey, Mr. Merkley, Mr. Peters, Ms. Harris, Ms. 
Klobuchar, Mrs. Murray, and Ms. Hirono) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To require the Secretary of Health and Human Services to provide 
updated information about COVID-19 testing to the public, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``COVID-19 Testing Inventory Act''.

SEC. 2. PUBLIC INFORMATION ABOUT COVID-19 DIAGNOSTIC TESTS.

    The Secretary of Health and Human Services, in consultation with 
the Administrator of the Federal Emergency Management Agency, the 
Commissioner of Food and Drugs, the Director of the Indian Health 
Service, and other Federal agencies, as appropriate, shall develop a 
public-facing inventory, which shall be made available on a single 
internet website, that provides real-time data and information on in 
vitro diagnostic tests (as defined in section 809.3 of title 21, Code 
of Federal Regulations (or successor regulations)), for the detection 
of SARS-CoV-2 or the diagnosis of the virus that causes COVID-19, or 
for the detection of antibodies from COVID-19 (referred to in this 
section as ``COVID-19 diagnostic tests''), including--
            (1) the number and type of COVID-19 diagnostic tests that 
        are available for use in each State, territory, or Indian 
        Tribe, by--
                    (A) county;
                    (B) sites of care where the tests are available for 
                use;
                    (C) type of tests, including molecular, antigen, 
                and serological tests; and
                    (D) percentage of tests that deliver rapid results 
                at the point-of-care;
            (2) for each laboratory, hospital, or other health care 
        facility that receives COVID-19 diagnostic tests, the number 
        and type of COVID-19 diagnostic tests received;
            (3) each hospital or other health care facility that has 
        the capability, capacity, and testing-related supplies to 
        process COVID-19 diagnostic tests, including test type and 
        location by State, territory, or Indian Tribe;
            (4) each laboratory that has the capability, capacity, and 
        testing-related supplies to process COVID-19 diagnostic tests, 
        including test type and location by State, territory, or Indian 
        Tribe;
            (5) for each COVID-19 diagnostic test listed under 
        paragraph (1), the time required to receive test results, 
        including any time for processing and shipping, measured in the 
        smallest unit of measurement reasonable for the particular 
        test, whether minutes, hours, or days;
            (6) for each COVID-19 diagnostic test listed under 
        paragraph (1), the approximate time per employee required to 
        run the test;
            (7) for each COVID-19 diagnostic test listed under 
        paragraph (1), each test that the Secretary has authorized, 
        cleared, or approved under the Federal Food, Drug, and Cosmetic 
        Act (21 U.S.C. 301 et seq.), or is marketed in accordance with 
        applicable guidance issued by the Secretary;
            (8) a list of each laboratory, hospital, and other health 
        care facility that has reported a shortage of testing-related 
        supplies, and which such supplies reported to be in shortage;
            (9) for each COVID-19 test manufacturer--
                    (A) the number and type of COVID-19 diagnostic 
                tests for which such manufacturer has--
                            (i) current inventory and projected 
                        production capacity for the next 180 days for 
                        at least the 180-day period following the date 
                        on which such information is submitted; and
                            (ii) received orders, including orders they 
                        do not have capacity to deliver; and
                    (B) a description of materials that are in shortage 
                that are hindering production of COVID-19 diagnostic 
                tests by amount and type of test; and
            (10) for each laboratory, hospital, and other health care 
        facility that receives COVID-19 diagnostic tests, the number of 
        samples collected per day and the number of results transmitted 
        to patients (including results transmitted to health care 
        providers for patients) per day.
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