Repealing PREP Act and terminating HHS Secretary determinations and declarations issued under PREP Act are two different things.

Kennedy can terminate the HHS Secretary determinations and declarations, and advise Congress to repeal PREP Act. Congress can repeal PREP Act.

Katherine Watt

Apr 4

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Responding to some questions posted under Sasha Latypova’s Meltdown at the FDA while 23 States, 2 Governors +DC Sue HHS/Sec Kennedy. In the meantime, the PREP Act declaration for covid pandemic remains in place... about the difference between repealing the PREP Act and terminating PREP Act determinations and declarations issued by HHS Secretaries through the Federal Register.

HHS Secretary Robert F. Kennedy Jr. cannot repeal the PREP Act.

Congress can repeal it.

Kennedy can advise Congress to repeal it.

Without any Congressional action at all, Kennedy has the authority to withdraw, through Federal Register notices, the determinations and declarations that previous HHS secretaries issued through Federal Register notices, using the authority Congress transferred to the HHS Secretary through the PREP Act.

There have now been 12 amendments to the original Covid PREP Act determinations and declarations, most recent issued in Dec. 2024 by previous HHS Secretary Xavier Becerra, extending the declaration through Dec. 31, 2029.

Every day that passes without Kennedy issuing a Federal Register notice terminating the determinations and declarations, Kennedy co-signs and ratifies license-to-deceive and license-to-kill schemes initiated by Alex Azar and extended by Becerra.

Even if Kennedy did issue a notice terminating the Covid emergency determination and the Covid countermeasures declaration, I don’t think it would make anyone civilly or criminally liable for the acts and omissions committed between Feb. 4, 2020 and the effective date of the termination, when the PREP Act determinations and declarations were in effect.

Terminating the PREP Act determinations and declarations could expose perpetrators who make and use the poison products after the date of termination, to potential civil liability and criminal prosecution, although they would still have many other grounds for dismissal and defenses under 1950 Defense Production Act, 1986 NCVIA and the foundational FDA biological product non-regulation system that dates back to 1902.

Rather than expose themselves to those risks, the makers and users of the poison products might stop making and using them, and many more people might better understand the license-to-deceive and license-to-kill schemes, and might stop taking vaccines and stop vaccinating babies and children.