The PREP Act only applies within the "States". The statutory term "State" is defined in all federal legislation to mean the District of Columbia or one of the territories.
In a definition, "State" neither defines nor is a definition of "State," so it cannot be included in interpreting the definition. The rule of statutory construction that applies is "noscitur a sociis," or KNOWN BY ITS ASSOCIATES. The meaning of "States" in the definition is known by the words surrounding it.
In the following definition those words are "the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau."
Those are the "States" to which the PREP Act applies.
Here is the quote from Chapter 6A of Title 42 regarding working definitions in the PREP Act:
"§201. Definitions
"When used in this chapter—
". . .
"(f) Except as provided in sections 246(g)(4)(B),1 247c(c)(1),1 254d(h)(3),1 263c(5),1 264(d), 292a(9),1 300a(c), 300f(13), and 300n(1) 1 of this title, the term "State" includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau."
None of these are "States" under the Constitution. The PREP Act applies only in federal territory---and nowhere within the Union.
Dear Binky,
The PREP Act only applies within the "States". The statutory term "State" is defined in all federal legislation to mean the District of Columbia or one of the territories.
In a definition, "State" neither defines nor is a definition of "State," so it cannot be included in interpreting the definition. The rule of statutory construction that applies is "noscitur a sociis," or KNOWN BY ITS ASSOCIATES. The meaning of "States" in the definition is known by the words surrounding it.
In the following definition those words are "the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau."
Those are the "States" to which the PREP Act applies.
Here is the quote from Chapter 6A of Title 42 regarding working definitions in the PREP Act:
"§201. Definitions
"When used in this chapter—
". . .
"(f) Except as provided in sections 246(g)(4)(B),1 247c(c)(1),1 254d(h)(3),1 263c(5),1 264(d), 292a(9),1 300a(c), 300f(13), and 300n(1) 1 of this title, the term "State" includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau."
None of these are "States" under the Constitution. The PREP Act applies only in federal territory---and nowhere within the Union.
Can you give me permission to mirror this on my stack?
You have my full permission to mirror this on your substack/copy it/restack it.
We need to be prepping for those who are willing to ENFORCE THE PREP act…AIM SMALL MISS SMALL.
Anyone in Congress working to repeal this?
I doesn't look like it. Here is some more information about repealing the PREP Act:
https://www.theqtree.com/2025/05/02/health-friday-5-2-2025-open-thread-the-prep-act-must-be-repealed-now/
Here is a petition to repeal the PREP Act, which you can sign:
https://jamesroguski.substack.com/p/repeal-the-prep-act
Here is more information:
https://yandex.com/search/?text=congress+is+working+to+repeal+the+PREP+act&lr=21414&search_source=yacom_desktop_common
Thanks for asking. I have added two of these links to the post.
The problem is that even when I go to it using Brave, to sign it, it routs me through Google, and Google is closing the window.
I've tried several times to sign the petition. Keeps closing the window. Doesn't make me suspicious. It makes me sure, and furious.
Hmmm, I am not sure what the problem is. I was able to sign it. Maybe try a different browser.
Thanks. I'll see if I can do anything with it.
There is someone in Congress working? Where?
Ok is anyone trying to get the prep act repealed?
Ok, is anyone trying to get the prep act repealed?
Ok, is anyone trying to get The PREP Act repealed?
Ok, is anyone trying to get The PREP Act repealed?
Ok, is anyone trying to get The PREP Act repealed?
Frightening to say the least...