Rep. Massie Introduces PREP Repeal Act to End “Medical Malpractice Martial Law”
And just in the nick of time!
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https://massie.house.gov/news/documentsingle.aspx?DocumentID=395737
Washington, D.C.-, July 15, 2025
For Immediate Release
Contact: massie.press@mail.house.gov
Contact #: 202-225-3465
Washington, D.C.– Rep. Thomas Massie (R-KY) announces introduction of the PREP Repeal Act (HR 4388) to repeal sections 319F–3 and 319F–4 of the Public Health Service Act. These targeted sections are commonly referred to as the Public Readiness and Emergency Preparedness (PREP) Act and currently provide sweeping liability protections to pharmaceutical companies for pandemic-related products.“The PREP Act is medical malpractice martial law,” said Rep. Massie. “The 2005 PREP Act prevents people from holding corporations accountable for the pain and suffering they cause during Presidentially declared emergencies. Americans deserve the right to seek justice when injured by government-mandated products. The PREP Repeal Act will restore that right.”
Rep. Massie’s legislation:
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Fully repeals the liability shields and compensation fund provisions under the PREP Act.
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Restores civil remedy rights under federal and state law for those harmed by pandemic products.
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Ensures applicability to current and future lawsuits, including pending appeals.
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Rescinds unused federal funds set aside for PREP Act-related injury claims.
Rep. Paul Gosar (R-AZ) is an original cosponsor of the legislation.
The text of Rep. Massie’s PREP Repeal Act can be found at this link and below:
WRT those commenters who say this is not enough, I don’t understand what their issue is. Below is an AI response regarding what the bill would repeal, which seems sufficient to prevent another fiasco using experimental products on citizens without the ability to sue for damages:
Public Health Service Act Sections 319F–3 and 319F–4
Sections 319F–3 and 319F–4 of the Public Health Service Act are significant legal provisions related to public health emergencies and liability protections.
Section 319F–3 addresses liability immunity for countermeasures taken during public health emergencies. It provides legal protection to certain individuals and entities involved in the development, distribution, and administration of medical countermeasures, such as vaccines and treatments, against threats like the Marburg virus or Marburg disease.1 This immunity is intended to encourage the development and availability of these critical medical products by reducing the risk of liability for those involved.
Section 319F–4 creates a compensation program for injuries that may result from the administration of covered countermeasures. This section establishes a mechanism to provide financial compensation to individuals who are injured by the use of these countermeasures, ensuring that there is a safety net for those who may suffer adverse effects while contributing to public health efforts.1
These provisions were enacted as part of the Public Readiness and Emergency Preparedness (PREP) Act, which was signed into law on December 30, 2005, as Public Law 109-148, Division C, Section 2.1 The PREP Act was later amended by the Pandemic and All-Hazards Preparedness Reauthorization Act (PAHPRA), Public Law 113-5, enacted on March 13, 2013. PAHPRA expanded the authorities of the Food and Drug Administration (FDA) under the Federal Food, Drug, and Cosmetic (FD&C) Act, allowing for the emergency use of approved products in emergencies and products held for emergency use. These amendments also affected the definitions of “Covered Countermeasures” and “qualified pandemic and epidemic products” in Section 319F-3 of the Public Health Service Act, ensuring that products made available under these new FD&C Act authorities could be covered under PREP Act Declarations.1