; and (2) including recommendations based on the findings of the report. 13. Assessments Section 1834A(g) of the Social Security Act ( 42 U.S.C. 1395m–1(g) ) is amended by adding at the end the following new paragraph: (3) Determinations with respect to in vitro clinical tests On or after the date that is 45 days after the date of enactment of the VALID Act of 2023 , for purposes of determining whether an in vitro clinical test (as defined in section 201(ss) of the Federal Food, Drug, and Cosmetic Act) is reasonable and necessary for the diagnosis or treatment of illness or injury (under section 1862(a)(1)(A)), any assessment of the analytical validity or clinical validity of such test shall apply the definitions given such terms in subchapter J of chapter V of the Federal Food, Drug, and Cosmetic Act. . 14. Severability If any provision of this Act is declared unconstitutional, or the applicability of this Act to any person or circumstance is held invalid, the constitutionality of the remainder of this Act and the applicability thereof to other persons and circumstances shall not be affected.