Thomas Massie (R-KY04) Introduces Bill to Repeal PREP Act

Full text of Bill: https://massie.house.gov/uploadedfiles/preprepeal.pdf

A BILL

To repeal sections 319F–3 and 319F–4 of the Public Health Service Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘PREP Repeal Act’’.

SEC. 2. FINDINGS.

Congress finds the following:

(1) 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.

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

(3) 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.

SEC. 3. REPEAL OF LIABILITY IMMUNITY FOR PANDEMIC

PRODUCTS.

(a) REPEALS.—The following sections are repealed:

(1) Section 319F–3 of the Public Health Service Act (42 U.S.C. 247d–6d).

(2) Section 319F–4 of the Public Health Service Act (42 U.S.C. 247d–6e).

(b) 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Public Health Service Act (42 U.S.C. 247d–6e(a)), as in effect on the day before the date of enactment of this Act, are rescinded.

(c) REFERENCES.—

(1) IN GENERAL.—Any reference in Federal law to a section described in subsection (a) or a provision thereof shall be construed to be a reference to such section or provision as in effect on the day before the date of enactment of this Act.

(2) AMENDMENT.—Section 565(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb–4(b)(1)) is amended by striking ‘’319F–3,’’.

SEC. 4. PRESERVATION OF EXISTING RIGHTS.

Nothing in this Act shall be construed to limit the ability of any person to pursue civil remedies under Federal or State law for injury or harm arising from the development, administration, or distribution of any—

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

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

(3) 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).

SEC. 5. APPLICATION.

This Act, including the repeals under section 3(a), shall only apply with respect to actions, claims, or proceedings that—

(1) 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

(2) are commenced on or after such date of enactment.

SEC. 6. SEVERABILITY.

If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected.