II 118th CONGRESS 1st Session S. 2617 IN THE SENATE OF THE UNITED STATES July 27, 2023 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit the Secretary of Health and Human Services from restricting direct access by health care facilities to medical countermeasures.

1. Short title This Act may be cited as the Treatment Restoration for Every American's Trial Act or the TREAT Act . 2. Prohibition on restrictions on direct access to medical countermeasures (a) In general Notwithstanding any other provision of law, the Secretary of Health and Human Services may not implement any policy that would restrict hospitals or other appropriate health care facilities from ordering and receiving medical countermeasures, including biological products, drugs, and devices, directly from manufacturers and distributors of such countermeasures. (b) Definition In this section, the term medical countermeasure has the meaning given the term qualified countermeasure in section 319F–1 of the Public Health Service Act ( 42 U.S.C. 247d–6a ).