[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1018 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1018

    To amend the Public Health Service Act to authorize grants for 
    acquiring equipment and supplies capable of performing same-day 
 clinical laboratory testing in a point-of-care setting, and to assist 
     laboratories in meeting the cost of acquiring high-throughput 
                   equipment, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 2021

  Ms. Klobuchar (for herself and Mr. Braun) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
    To amend the Public Health Service Act to authorize grants for 
    acquiring equipment and supplies capable of performing same-day 
 clinical laboratory testing in a point-of-care setting, and to assist 
     laboratories in meeting the cost of acquiring high-throughput 
                   equipment, 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 ``Access to Technology and Equipment 
for Same-day Tests (TESTs) Act'' or the ``Access to TESTs Act''.

SEC. 2. GRANTS FOR SAME-DAY POINT-OF-CARE TESTING IN COMMUNITIES.

    Section 2821 of the Public Health Service Act (42 U.S.C. 300hh-31) 
is amended--
            (1) by redesignating subsection (b) as subsection (d); and
            (2) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Grants for Same-Day Point-of-Care Testing in Communities.--
            ``(1) Grants.--The Secretary, acting through the Director 
        of the Centers for Disease Control and Prevention, shall award 
        grants to eligible entities to assist such entities in 
        acquiring legally marketed same-day point-of care tests (as 
        defined by the Director), equipment, and supplies, including 
        molecular, serological, and antigen tests.
            ``(2) Eligibility.--To be eligible for a grant under 
        paragraph (1), an entity shall--
                    ``(A) be--
                            ``(i) a hospital;
                            ``(ii) a primary care facility;
                            ``(iii) a clinic;
                            ``(iv) a physician; or
                            ``(v) another type health care provider as 
                        the Secretary may define;
                    ``(B) be qualified to have the same-day point-of-
                care testing performed at the entity as a result of 
                operating under a Certificate of Waiver, Certificate of 
                Compliance, or Certificate of Accreditation, under 
                section 353; and
                    ``(C) submit to the Secretary an application at 
                such time, in such manner, and containing such 
                information as the Secretary may reasonably require.
            ``(3) Use of funds.--Amounts received through a grant under 
        this subsection shall be used to purchase legally marketed 
        same-day point-of-care testing and materials as are necessary 
        to administer, store, and process such tests.
            ``(4) Amount of grant.--The amount of a grant under 
        paragraph (1) may not exceed $20,000.
            ``(5) Priority in making awards.--In awarding grants under 
        paragraph (1), the Secretary shall give priority first to 
        eligible entities providing services to underserved populations 
        in rural areas and then to eligible entities providing services 
        to medically underserved populations (as defined in section 
        330(b)(3)) in rural areas. The Secretary may then award such 
        grants to eligible entities serving all other areas.''.

SEC. 3. GRANTS FOR LABORATORIES TO ACQUIRE HIGH-THROUGHPUT DIAGNOSTIC 
              EQUIPMENT.

    Section 2821 of the Public Health Service Act (42 U.S.C. 300hh-31) 
is amended by inserting after subsection (b) (as added by section 2), 
the following new subsection:
    ``(c) Grants for Laboratories To Acquire High-Throughput Diagnostic 
Equipment.--
            ``(1) Grants.--The Secretary, acting through the Director 
        of the Centers for Disease Control and Prevention, shall award 
        grants to eligible entities to assist such entities in 
        purchasing high-throughput diagnostic equipment and related 
        supplies.
            ``(2) Eligibility.--To be eligible for a grant under 
        paragraph (1), an entity shall--
                    ``(A) be--
                            ``(i) a State, local, or Tribal public 
                        health laboratory;
                            ``(ii) a laboratory within a public health 
                        laboratory network coordinated or managed by 
                        the Centers for Disease Control and Prevention; 
                        or
                            ``(iii) a consortium of 2 or more entities 
                        described in any of clauses (i) and (ii); and
                    ``(B) submit to the Secretary an application at 
                such time, in such manner, and containing such 
                information as the Secretary may reasonably require.
            ``(3) Use of funds.--Amounts received through a grant under 
        this subsection shall be used to purchase high-throughput 
        diagnostic equipment and such materials as are necessary to 
        administer, store, and process such tests.
            ``(4) Amount of grant.--The amount of a grant under 
        paragraph (1) may not exceed $2,000,000, except in the case of 
        eligible entity described in paragraph (2)(A)(iv).
            ``(5) High-throughput diagnostic equipment defined.--In 
        this subsection, the term `high-throughput diagnostic 
        equipment' means legally marketed equipment and supplies 
        capable of performing multichannel analysis for use in clinical 
        laboratory testing, including diagnostic, serological, and 
        antigen tests.''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    Section 2821(d) of the Public Health Service Act (42 U.S.C. 300hh-
31) (as so redesignated by section 2) is amended--
            (1) by redesignating paragraphs (1), (2), and (3) as 
        subparagraphs (A), (B), and (C), respectively, and moving the 
        margin of each such redesignated subparagraph 2 ems to the 
        right;
            (2) by striking ``There are authorized to be appropriated 
        to carry out this section'' and inserting the following:
            ``(1) In general.--There are authorized to be appropriated 
        to carry out subsection (a)''; and
            (3) by adding at the end, the following new paragraph:
            ``(2) Authorization of appropriations.--
                    ``(A) Testing grants.--For the purpose of carrying 
                out subsection (b), there is authorized to be 
                appropriated $500,000,000 for fiscal year 2021, to 
                remain available until expended.
                    ``(B) Equipment grants.--For the purpose of 
                carrying out subsection (c), there is authorized to be 
                appropriated $250,000,000 for fiscal year 2021, to 
                remain available until expended.
                    ``(C) Administrative expenses.--Of the amount made 
                available to carry out subsection (b) or (c) for any 
                fiscal year, the Secretary may not use more than 5 
                percent of such amount for the expenses of 
                administering this section.''.
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