I 
118TH CONGRESS 
1ST SESSION H. R. 1090 
To amend the Federal Food, Drug, and Cosmetic Act to enhance medical 
device communications and ensure device cleanliness. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 17, 2023 
Mr. LIEU (for himself, Ms. CHU, and Ms. NORTON) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Federal Food, Drug, and Cosmetic Act to 
enhance medical device communications and ensure de-
vice cleanliness. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Disclosure; and En-
couragement of Verification, Innovation, Cleaning, and 
Efficiency Act of 2023’’ or the ‘‘DEVICE Act of 2023’’. 
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SEC. 2. REPORTING REQUIREMENT FOR DESIGN AND RE-
PROCESSING INSTRUCTION CHANGES. 
(a) ADULTERATION.—Section 501 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 351) is amend-
ed by inserting after paragraph (j) the following: 
‘‘(k) If it is a device with respect to which the manu-
facturer is in violation of the reporting requirement under 
section 510(r) (relating to design and reprocessing 
changes).’’. 
(b) REQUIREMENT.—Section 510 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 360) is amend-
ed by adding at the end the following: 
‘‘(r) REPORTING REQUIREMENT FOR DEVICE DE-
SIGN CHANGES.—Before making a change to the design 
of a device, or the reprocessing instructions of a device, 
that is marketed in interstate commerce, the manufacturer 
of the device shall give written notice of the change to 
the Secretary.’’. 
SEC. 3. REPORTING REQUIREMENT FOR CERTAIN COMMU-
NICATIONS TO FOREIGN HEALTH CARE PRO-
VIDERS. 
(a) ADULTERATION.—Section 501 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 351), as 
amended by section 2 of this Act, is further amended by 
inserting after paragraph (k) the following: 
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‘‘(l) If it is a device with respect to which the manu-
facturer is in violation of the reporting requirement under 
section 510(s) (relating to communications to foreign 
health care providers).’’. 
(b) REQUIREMENT.—Section 510 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 360), as 
amended by section 2 of this Act, is further amended by 
adding at the end the following: 
‘‘(s) REPORTING REQUIREMENT FOR CERTAIN COM-
MUNICATIONS TO FOREIGN HEALTH CARE PROVIDERS.— 
‘‘(1) REQUIREMENT.—The manufacturer of a 
device that is marketed in interstate commerce shall 
give written notice to the Secretary of any commu-
nication described in paragraph (2) not more than 
5 calendar days after making such communication. 
‘‘(2) COMMUNICATION DESCRIBED.—A commu-
nication is described in this paragraph if the com-
munication— 
‘‘(A) is made by the manufacturer of the 
device or an affiliate of the manufacturer; 
‘‘(B) relates to a change to the design of 
the device, a change to the recommended re-
processing protocols, if any, for the device, or a 
safety concern about the device; and 
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‘‘(C) is widely disseminated (including on a 
voluntary basis) to health care providers in a 
foreign country. 
‘‘(3) AFFILIATE.—In this subsection, the term 
‘affiliate’ means a business entity that has a rela-
tionship with a second business entity if, directly or 
indirectly— 
‘‘(A) one business entity controls, or has 
the power to control, the other business entity; 
or 
‘‘(B) a third party controls, or has the 
power to control, both of the business entities.’’. 
SEC. 4. RAPID ASSESSMENT TESTS INTENDED TO ENSURE 
PROPER REPROCESSING. 
(a) INCLUSION
IN DEVICE DEFINITION.—Section 
201 of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 321) is amended— 
(1) in paragraph (h)(1)— 
(A) in clause (B), by striking ‘‘or’’ at the 
end; 
(B) in clause (C), by striking ‘‘and’’ at the 
end and inserting ‘‘or’’; and 
(C) by inserting after clause (C) the fol-
lowing: 
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‘‘(D) a rapid assessment test intended to ensure the 
proper reprocessing of a reusable device (as defined in 
paragraph (ss)), and’’; and 
(2) by adding at the end the following: 
‘‘(ss) The term ‘reusable device’ means a device 
that— 
‘‘(1) is intended to be used more than one time; 
and 
‘‘(2) must be sanitized (whether through clean-
ing, disinfection, or sterilization) to ensure that the 
device is safe and effective for such intended use.’’. 
(b) INSTRUCTIONS
FOR
USE
AND
VALIDATION 
DATA.—Section 510 of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 360), as amended by sections 2 and 
3 of this Act, is further amended by adding at the end 
the following: 
‘‘(t) INSTRUCTIONS
FOR
USE
AND
VALIDATION 
DATA.— 
‘‘(1) INITIAL LIST.—Not later than 1 year after 
the date of enactment of this subsection, the Sec-
retary shall by regulation develop and publish a list 
of types of rapid assessment tests described in sec-
tion 201(h)(1)(D) for which reports under sub-
section (k) must include— 
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