PREP Repeal Act

The PREP Repeal Act would eliminate the liability immunity provisions that are part of the Public Readiness and Emergency Preparedness (PREP) Act. Specifically, it repeals Section 319F-3 and Section 319F-4 of the Public Health Service Act, which currently shield manufacturers, distributors, and certain others from liability related to pandemic products and countermeasures. The bill would also rescind the unobligated balances of the Covered Countermeasure Process Fund, adjust cross-references in federal law, and preserve individuals’ right to pursue civil remedies under federal or state law for injuries involving drugs, devices, biological products, or countermeasures. It provides that the repeal applies only to actions pending as of enactment or commenced after enactment, and includes a severability clause. In short, the bill removes federal immunity protections for pandemic countermeasures and redirects potential liability toward existing federal/state civil remedies and, potentially, private litigation, while preserving rights to sue for injuries under other law.