I 

117TH CONGRESS 

2D SESSION H. R. 6377 

To direct the Secretary of Health and Human Services to purchase and 

make available for free rapid tests for SARS–CoV–2, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 12, 2022 

Mr. BEYER (for himself, Ms. TITUS, Mr. MORELLE, and Mr. KAHELE) introduced the following bill; which was referred to the Committee on Energy 

and Commerce, and in addition to the Committees on Financial Services, 

and Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To direct the Secretary of Health and Human Services to 

purchase and make available for free rapid tests for 

SARS–CoV–2, 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 ‘‘Free At-Home Tests 

5 for All Act’’. 

6 SEC. 2. FREE RAPID TEST PROGRAM. 

7 (a) BULK PURCHASES.—The Secretary of Health 

8 and Human Services (in this Act referred to as the ‘‘SecVerDate Sep 11 2014 01:59 Jan 14, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6377.IH H6377

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1 retary’’) shall purchase in bulk a sufficient quantity of 

2 rapid tests for SARS–CoV–2 to provide two such tests per 

3 week to every resident of the United States over the 12- 

4 month period beginning on the date of enactment of this 

5 Act. 

6 (b) FREE AVAILABILITY.—The Secretary shall make 

7 the tests purchased pursuant to subsection (a) available 

8 for free— 

9 (1) at pharmacies, including online pharmacies 

10 participating in a pharmacy partnership program; 

11 (2) at public schools; and 

12 (3) by online order or phone call directly from 

13 the Department of Health and Human Services. 

14 (c) PROCTORING; RETURN ENVELOPES.—The tests 

15 purchased pursuant to subsection (a) shall— 

16 (1) each be proctored without charge; and 

17 (2) be made available together with a free post18 age-paid envelope for delivering completed tests to 

19 the Centers for Disease Control and Prevention or 

20 a relevant public health laboratory for genomic se21 quencing. 

22 (d) MATERIALS FOR INDIVIDUALS WHO TEST POSI23 TIVE.—The Secretary shall— 

24 (1) distribute to proctors of tests purchased 

25 pursuant to subsection (a) informational materials 


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1 about social distancing, treatment, and further test2 ing for individuals who test positive; and 

3 (2) require such proctors to provide such mate4 rials to such individuals. 

5 (e) RELATION TO DEFENSE PRODUCTION ACT.—In 

6 making purchases authorized under this section, the Presi7 dent may utilize the authorities provided under title I of 

8 the Defense Production Act of 1950 (50 U.S.C. 4511 et 

9 seq.). 

10 (f) DEFINITION.—In this section, the term ‘‘rapid 

11 test’’ means an antigen diagnostic test. 

12 (g) AUTHORIZATION OF APPROPRIATIONS.—To carry 

13 out this section, there are authorized to be appropriated 

14 such sums as may be necessary. The amounts authorized 

15 to be appropriated by the preceding sentence are in addi16 tion to amounts otherwise available to carry out this sec17 tion. 

18 SEC. 3. COORDINATION WITH MEDICARE AND MEDICAID 

19 PROGRAMS. 

20 The Secretary shall— 

21 (1) conduct outreach to individuals entitled to 

22 benefits under the Medicare or Medicaid programs 

23 regarding the availability of rapid tests (as defined 

24 in section 2); and 


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1 (2) make such tests available through the Medi2 care and Medicaid programs at no cost to such indi3 viduals, including by mail. 

4 SEC. 4. FOOD AND DRUG ADMINISTRATION. 

5 (a) AUTOMATIC EUA.— 

6 (1) IN GENERAL.—Subject to paragraph (2), 

7 during the period of the public health emergency for 

8 COVID–19 in effect under section 319 of the Public 

9 Health Service Act (42 U.S.C. 247d), including any 

10 extensions thereof, an antigen diagnostic test for 

11 SARS–CoV–2 is deemed to have in effect an emer12 gency use authorization under section 564 of the 

13 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

14 360bbb–3) if the test is listed for emergency use 

15 by— 

16 (A) the World Health Organization; or 

17 (B) a stringent regulatory authority (as 

18 defined by the World Health Organization for 

19 purposes of medicine procurement decisions). 

20 (2) CONTINUED AUTHORITY.—Upon the deem21 ing of an emergency use authorization by paragraph 

22 (1) for a test, the Secretary of Health and Human 

23 Services and the Commissioner of Food and Drugs 

24 shall continue to have all authorities vested in such 

25 officials by the Federal Food, Drug, and Cosmetic 


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1 Act (21 U.S.C. 301 et seq.) and other applicable law 

2 to rescind such emergency use authorization or oth3 erwise regulate such test. 

4 (b) ADVISORY COMMITTEE ON DIAGNOSTIC AND SE5 ROLOGICAL TESTING.—The Secretary of Health and 

6 Human Services, acting through the Commissioner of 

7 Food and Drugs, shall establish and maintain a perma8 nent advisory committee to advise the Department of 

9 Health and Human Services regarding the development, 

10 manufacture, distribution, and use of diagnostic and sero11 logical testing for public health needs. 

Æ 


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