Free At-Home Tests for All Act

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. Short title This Act may be cited as the Free At-Home Tests for All Act 2. Free rapid test program (a) Bulk purchases The Secretary of Health and Human Services (in this Act referred to as the Secretary (b) Free availability The Secretary shall make the tests purchased pursuant to subsection (a) available for free— (1) at pharmacies, including online pharmacies participating in a pharmacy partnership program; (2) at public schools; and (3) by online order or phone call directly from the Department of Health and Human Services. (c) Proctoring; return envelopes The tests purchased pursuant to subsection (a) shall— (1) each be proctored without charge; and (2) be made available together with a free postage-paid envelope for delivering completed tests to the Centers for Disease Control and Prevention or a relevant public health laboratory for genomic sequencing. (d) Materials for individuals who test positive The Secretary shall— (1) distribute to proctors of tests purchased pursuant to subsection (a) informational materials about social distancing, treatment, and further testing for individuals who test positive; and (2) require such proctors to provide such materials to such individuals. (e) Relation to Defense Production Act In making purchases authorized under this section, the President may utilize the authorities provided under title I of the Defense Production Act of 1950 ( 50 U.S.C. 4511 et seq. (f) Definition In this section, the term rapid test (g) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary. The amounts authorized to be appropriated by the preceding sentence are in addition to amounts otherwise available to carry out this section. 3. Coordination with Medicare and Medicaid programs The Secretary shall— (1) conduct outreach to individuals entitled to benefits under the Medicare or Medicaid programs regarding the availability of rapid tests (as defined in section 2); and (2) make such tests available through the Medicare and Medicaid programs at no cost to such individuals, including by mail. 4. Food and Drug Administration (a) Automatic EUA (1) In general Subject to paragraph (2), during the period of the public health emergency for COVID–19 in effect under section 319 of the Public Health Service Act ( 42 U.S.C. 247d 21 U.S.C. 360bbb–3 (A) the World Health Organization; or (B) a stringent regulatory authority (as defined by the World Health Organization for purposes of medicine procurement decisions). (2) Continued authority Upon the deeming of an emergency use authorization by paragraph (1) for a test, the Secretary of Health and Human Services and the Commissioner of Food and Drugs shall continue to have all authorities vested in such officials by the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. (b) Advisory committee on diagnostic and serological testing The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall establish and maintain a permanent advisory committee to advise the Department of Health and Human Services regarding the development, manufacture, distribution, and use of diagnostic and serological testing for public health needs.

Summary: Free At-Home Tests for All Act This bill requires the Department of Health and Human Services (HHS) to provide free antigen diagnostic tests for COVID-19 (i.e., rapid tests) to U.S. residents. The bill also automatically grants emergency use authorization for rapid tests approved by certain foreign regulators. Specifically, HHS must purchase a sufficient quantity of rapid tests to provide two tests per week at no cost to each resident for the 12 months following the bill's enactment. The President may use authorities available under the Defense Production Act of 1950 to obtain the tests. That act confers upon the President a broad set of authorities to influence domestic industry in order to provide essential materials and goods needed for the national defense. In addition, HHS must conduct outreach about the availability of free rapid tests to Medicare and Medicaid participants and make the tests available through those programs. The bill also automatically grants emergency use authorization during the public health emergency for rapid tests that are listed for emergency use by (1) the World Health Organization (WHO), or (2) a foreign regulator that is a stringent regulatory authority as defined by the WHO for purposes of medicine procurement. The Food and Drug Administration (FDA) may rescind authority for, or otherwise regulate, a rapid test that was automatically authorized. Additionally, the FDA must establish a permanent advisory committee focused on diagnostic and serological testing for public health needs.