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119-hr-4388119th CongressWALLET

PREP Repeal Act

Sponsored By: Representative Massie, Thomas [R-KY-4]

Introduced

Summary

repeal liability immunity for pandemic products. The PREP Repeal Act would remove the federal liability shield that covered pandemic countermeasures, rescind unobligated balances in the Covered Countermeasure Process Fund, and preserve the ability to sue for injuries tied to drugs, devices, biological products, or covered countermeasures.

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  • Families and patients: Would preserve and clarify the right to pursue civil remedies under Federal or State law for injury or harm from development, administration, or distribution of drugs, devices, biological products, or covered countermeasures.
  • Manufacturers and suppliers: Would repeal Sections 319F-3 and 319F-4 of the Public Health Service Act, removing the statutory immunity that limited legal liability during public-health emergencies.
  • Federal funds and litigation timing: Would rescind unobligated balances in the Covered Countermeasure Process Fund and apply to claims pending on enactment and those commenced after enactment, with a severability rule to keep other provisions in force if part is invalidated.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Easier to sue over pandemic products

This bill would end federal liability shields for pandemic products. You could sue for injuries from drugs, devices, biological products, or other covered countermeasures as defined before enactment. It would apply to cases pending on the date of enactment and to new cases filed after. It would also cancel any unused money in the federal countermeasure injury fund and remove a related FDA cross‑reference. The bill states it would not limit your ability to seek civil remedies under Federal or State law.

Sponsors & CoSponsors

Sponsor

Massie, Thomas [R-KY-4]

KY • R

Cosponsors

  • Rep. Gosar, Paul A. [R-AZ-9]

    AZ • R

    Sponsored 7/15/2025

  • Rep. Davidson, Warren [R-OH-8]

    OH • R

    Sponsored 7/16/2025

  • Rep. Grothman, Glenn [R-WI-6]

    WI • R

    Sponsored 12/15/2025

Roll Call Votes

No roll call votes available for this bill.

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