[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4388 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 4388

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2025

 Mr. Massie (for himself and Mr. Gosar) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 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    (a) Repeals.--The following sections are repealed: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day before the date of enactment of this Act, are rescinded.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.
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