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Phillip Evan Owens's avatar

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.

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Courageous Lion's avatar

Can you give me permission to mirror this on my stack?

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