3.0.0 3970 2023-01-13T04:49:57Z 2023-01-13T04:49:57Z House H HR 2005-10-06 109 hsif00 Energy and Commerce Committee House Standing hsif14 Health Subcommittee Referred to 2005-10-17T16:02:39Z Referred to 2005-10-06T14:00:40Z hsju00 Judiciary Committee House Standing Referred to 2005-10-06T14:00:35Z Bioterror and Pandemic Preparedness Protection Act 109 1437 S 2005-07-20 Read twice and referred to the Committee on Health, Education, Labor, and Pensions. Related bill CRS 2005-10-17 hsif14 Health Subcommittee 1 House committee actions Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman. Committee 2005-10-06 Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. IntroReferral H11100 2 House floor actions hsif00 Energy and Commerce Committee 2005-10-06 Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. IntroReferral H11100-A 9 Library of Congress 2005-10-06 Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2005-10-06 Introduced in House IntroReferral Intro-H 9 Library of Congress 2005-10-06 Introduced in House IntroReferral 1000 9 Library of Congress I000056 Rep. Issa, Darrell E. [R-CA-49] DARRELL ISSA R CA E. 49 N F000445 Rep. Forbes, J. Randy [R-VA-4] J. Forbes R VA Randy 4 2005-10-18 False A000210 Rep. Andrews, Robert E. [D-NJ-1] ROBERT ANDREWS D NJ E. 1 2005-10-25 False Health Administrative remedies Antibiotics Biological warfare Chemical warfare Civil actions and liability Claims Commerce Crime and Law Enforcement Department of Justice Drug approvals Drug industry Drugs Emergency Management Emergency medicine Epidemics Evidence (Law) Government liability Governmental investigations Judicial review Law Medical malpractice Nuclear terrorism Products liability Terrorism Vaccines Health 00 2005-10-06 Introduced in House 2005-12-01T21:05:43Z Bioterror and Pandemic Preparedness Protection Act - Amends the federal judicial code to establish an exclusive federal cause of action for all claims relating to a qualified pandemic or epidemic product or a security countermeasure.

Restricts all causes of action for such claims against a manufacturer, distributor, or health care provider and instead provides for sole and exclusive action against the United States. Gives jurisdiction over such an action to the U.S. District Court for the District of Columbia.

Establishes a rebuttable presumption of immunity for the federal government in any such action concerning: (1) a security countermeasure that has been procured for or donated to the National Strategic Stockpile; (2) a qualified pandemic or epidemic product that has been procured by or donated to the Secretary of Health and Human Services; or (3) a designated security countermeasure or qualified pandemic or epidemic product in an actual or potential public health emergency.

Allows a party to petition the Attorney General to investigate claims against a manufacturer, distributor, administrator, or heath care provider. Disallows judicial review of the Attorney General's decision as to whether to undertake such an investigation.

Declares that the immunity presumption shall be overcome by a determination by the Attorney General, by finding clear and convincing evidence, that the manufacturer, distributor, administrator, or health care provider intentionally or with willful disregard violated the Federal Food, Drug, and Cosmetic Act or the Public Health Service Act and that such violation: (1) caused the product to present a significant or unreasonable human health risk; and (2) proximately caused the injury alleged by the party.

]]> Bioterror and Pandemic Preparedness Protection Act Display Title Bioterror and Pandemic Preparedness Protection Act Official Title as Introduced To amend title 28, United States Code, to provide liability protections for certain pandemics and countermeasures. Introduced in House IH Short Titles as Introduced Bioterror and Pandemic Preparedness Protection Act Introduced in House 2005-10-06T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109hr3970ih/xml/BILLS-109hr3970ih.xml 2005-10-17 Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.