; and (C) is first offered for clinical use during the period beginning on the date of enactment of this Act and ending on the implementation date of this Act. (2) Continued offering Notwithstanding subsection (c), a transitional in vitro clinical test may continue to be offered for clinical use until the effective date of this Act, as described in subsection (b)(1), except that the Secretary retains authority to enforce the device provisions of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq.) and the Public Health Service Act ( 42 U.S.C. 201 et seq.) for any specific transitional in vitro clinical test, or any type of transitional in vitro clinical test, as the Secretary determines necessary to protect the public from a serious risk to health. (3) Premarket review or technology certification A transitional in vitro clinical test that is the subject of an application for premarket review under section 587B of the Federal Food, Drug, and Cosmetic Act or technology certification application under section 587D of such Act, as added by this Act, that is submitted within 90 days of the effective date of this Act may continue to be offered, sold, or distributed until completion of the Secretary’s review of the premarket application or technology certification application. (d) Conversion (1) Deemed premarket approval Any in vitro clinical test (as defined in section 201(ss) of the Federal Food, Drug, and Cosmetic Act, as added by this Act) with a premarket approval under section 515, a clearance under section 510(k), an authorization under section 513(f), or a licensure under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) is deemed to have an approved application under section 587B of the Federal Food, Drug, and Cosmetic Act, as added by this Act, beginning on the later of— (A) the effective date of this Act