II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘COVID–19 Testing 

5 Inventory Act’’. 


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1 SEC. 2. PUBLIC INFORMATION ABOUT COVID–19 DIAG2 NOSTIC TESTS. 

3 The Secretary of Health and Human Services, in con4 sultation with the Administrator of the Federal Emer5 gency Management Agency, the Commissioner of Food 

6 and Drugs, the Director of the Indian Health Service, and 

7 other Federal agencies, as appropriate, shall develop a 

8 public-facing inventory, which shall be made available on 

9 a single internet website, that provides real-time data and 

10 information on in vitro diagnostic tests (as defined in sec11 tion 809.3 of title 21, Code of Federal Regulations (or 

12 successor regulations)), for the detection of SARS–CoV– 

13 2 or the diagnosis of the virus that causes COVID–19, 

14 or for the detection of antibodies from COVID–19 (re15 ferred to in this section as ‘‘COVID–19 diagnostic tests’’), 

16 including— 

17 (1) the number and type of COVID–19 diag18 nostic tests that are available for use in each State, 

19 territory, or Indian Tribe, by— 

20 (A) county; 

21 (B) sites of care where the tests are avail22 able for use; 

23 (C) type of tests, including molecular, anti24 gen, and serological tests; and 

25 (D) percentage of tests that deliver rapid 

26 results at the point-of-care; 


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1 (2) for each laboratory, hospital, or other health 

2 care facility that receives COVID–19 diagnostic 

3 tests, the number and type of COVID–19 diagnostic 

4 tests received; 

5 (3) each hospital or other health care facility 

6 that has the capability, capacity, and testing-related 

7 supplies to process COVID–19 diagnostic tests, in8 cluding test type and location by State, territory, or 

9 Indian Tribe; 

10 (4) each laboratory that has the capability, ca11 pacity, and testing-related supplies to process 

12 COVID–19 diagnostic tests, including test type and 

13 location by State, territory, or Indian Tribe; 

14 (5) for each COVID–19 diagnostic test listed 

15 under paragraph (1), the time required to receive 

16 test results, including any time for processing and 

17 shipping, measured in the smallest unit of measure18 ment reasonable for the particular test, whether 

19 minutes, hours, or days; 

20 (6) for each COVID–19 diagnostic test listed 

21 under paragraph (1), the approximate time per em22 ployee required to run the test; 

23 (7) for each COVID–19 diagnostic test listed 

24 under paragraph (1), each test that the Secretary 

25 has authorized, cleared, or approved under the FedVerDate Sep 11 2014 15:56 Jun 03, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3738.IS S3738

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1 eral Food, Drug, and Cosmetic Act (21 U.S.C. 301 

2 et seq.), or is marketed in accordance with applica3 ble guidance issued by the Secretary; 

4 (8) a list of each laboratory, hospital, and other 

5 health care facility that has reported a shortage of 

6 testing-related supplies, and which such supplies re7 ported to be in shortage; 

8 (9) for each COVID–19 test manufacturer— 

9 (A) the number and type of COVID–19 di10 agnostic tests for which such manufacturer 

11 has— 

12 (i) current inventory and projected 

13 production capacity for the next 180 days 

14 for at least the 180-day period following 

15 the date on which such information is sub16 mitted; and 

17 (ii) received orders, including orders 

18 they do not have capacity to deliver; and 

19 (B) a description of materials that are in 

20 shortage that are hindering production of 

21 COVID–19 diagnostic tests by amount and type 

22 of test; and 

23 (10) for each laboratory, hospital, and other 

24 health care facility that receives COVID–19 diag25 nostic tests, the number of samples collected per day 


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1 and the number of results transmitted to patients 

2 (including results transmitted to health care pro3 viders for patients) per day. 

Æ 


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