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) intro-
duced 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. 
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 ‘‘Free At-Home Tests 
for All Act’’. 
SEC. 2. FREE RAPID TEST PROGRAM. 
(a) BULK PURCHASES.—The Secretary of Health 
and Human Services (in this Act referred to as the ‘‘Sec-
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retary’’) shall purchase in bulk a sufficient quantity of 
rapid tests for SARS–CoV–2 to provide two such tests per 
week to every resident of the United States over the 12- 
month period beginning on the date of enactment of this 
Act. 
(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 post-
age-paid envelope for delivering completed tests to 
the Centers for Disease Control and Prevention or 
a relevant public health laboratory for genomic se-
quencing. 
(d) MATERIALS FOR INDIVIDUALS WHO TEST POSI-
TIVE.—The Secretary shall— 
(1) distribute to proctors of tests purchased 
pursuant to subsection (a) informational materials 
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about social distancing, treatment, and further test-
ing for individuals who test positive; and 
(2) require such proctors to provide such mate-
rials to such individuals. 
(e) RELATION TO DEFENSE PRODUCTION ACT.—In 
making purchases authorized under this section, the Presi-
dent 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’’ means an antigen diagnostic 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 addi-
tion to amounts otherwise available to carry out this sec-
tion. 
SEC. 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 
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(2) make such tests available through the Medi-
care and Medicaid programs at no cost to such indi-
viduals, including by mail. 
SEC. 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), including any 
extensions thereof, an antigen diagnostic test for 
SARS–CoV–2 is deemed to have in effect an emer-
gency use authorization under section 564 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
360bbb–3) if the test is listed for emergency use 
by— 
(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 deem-
ing 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 
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Act (21 U.S.C. 301 et seq.) and other applicable law 
to rescind such emergency use authorization or oth-
erwise regulate such test. 
(b) ADVISORY COMMITTEE ON DIAGNOSTIC AND SE-
ROLOGICAL TESTING.—The Secretary of Health and 
Human Services, acting through the Commissioner of 
Food and Drugs, shall establish and maintain a perma-
nent advisory committee to advise the Department of 
Health and Human Services regarding the development, 
manufacture, distribution, and use of diagnostic and sero-
logical testing for public health needs. 
Æ 
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