PREP Repeal Act

Liability shields granted under section 319F–3 of the Public Health Service Act (42 U.S.C. 247d–6d) have undermined public trust and accountability during public health emergencies.

The ability of citizens to seek redress for injury or harm is a fundamental principle of justice and due process.

The Public Readiness and Emergency Preparedness Act (Public Law 109–148) (commonly referred to as the “PREP Act”) has enabled regulatory capture and legal immunity for pharmaceutical manufacturers at the expense of individual rights.

Repeals— The following sections are repealed:

Rescission— The unobligated balances of amounts in the Covered Countermeasure Process Fund, as established by section 319F–4(a) of the Public Health Service Act (42 U.S.C. 247d–6e(a)), as in effect on the day before the date of enactment of this Act, are rescinded.

drug or device (as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321));

biological product (as defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i))); or

covered countermeasure (as defined in section 319F–3(i) of the Public Health Service Act (42 U.S.C. 247d–6d(i)), as in effect on the day before the date of enactment of this Act).

on the date of enactment of this Act, are pending (including actions, claims, or proceedings for which a right of appeal has not been exhausted); or

are commenced on or after such date of enactment.