[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7277 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 7277
To prohibit unconscionable pricing of emergency supplies for responders
during a Federal emergency period, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 18, 2020
Ms. Speier (for herself, Mr. Cohen, Ms. Jackson Lee, and Ms. Meng)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To prohibit unconscionable pricing of emergency supplies for responders
during a Federal emergency period, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unconscionable Pricing Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to protect local and State government agencies and
private and nonprofit organizations acting in response to the
covered emergency to protect the health, safety, and welfare of
persons; and
(2) to make it unlawful in the region or State affected by
a covered emergency for any person to impose or otherwise
charge unconscionable prices to responders for the purchase or
procurement of emergency supplies during the period of the
covered emergency.
SEC. 3. PROHIBITION OF UNCONSCIONABLE PRICING DURING DECLARED STATE OF
EMERGENCY.
(a) In General.--During an emergency period it shall be unlawful in
the region or State affected by the emergency declaration for any
person to impose unconscionable prices for the sale, rental, lease, or
procurement of any emergency supply.
(b) Factors for Consideration.--In determining whether a seller has
violated subsection (a), a price shall be considered unconscionable if
any person during the emergency period charges a price that exceeds, by
an amount equal to or in excess of 10 percent the average price at
which the same or similar emergency supply was obtainable in the
affected area during 30 days before the emergency declaration was
issued and the increase in price charged is not attributable to
reasonable costs incurred in connection with the rental or sale of the
emergency supply.
(c) Enforcement.--
(1) Enforcement by the federal trade commission.--
(A) Unfair or deceptive acts or practices.--A
violation of subsection (a) shall be treated as a
violation of a regulation under section 18(a)(1)(B) of
the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)) regarding unfair or deceptive acts or
practices.
(B) Powers of commission.--The Commission shall
enforce subsection (a) in the same manner, by the same
means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of
the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this Act. Any
person who violates such subsection shall be subject to
the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission
Act.
(2) Effect on other laws.--Nothing in this Act shall be
construed in any way to limit the authority of the Commission
under any other provision of law or to limit the application of
any Federal or State law.
(3) Enforcement by state attorneys general.--
(A) In general.--If the chief law enforcement
officer of a State, or an official or agency designated
by a State, has reason to believe that any person has
violated or is violating subsection (a), the attorney
general, official, or agency of the State, in addition
to any authority it may have to bring an action in
State court under its consumer protection law, may
bring a civil action in any appropriate United States
district court or in any other court of competent
jurisdiction, including a State court, to--
(i) enjoin further such violation by such
person;
(ii) enforce compliance with such
subsection;
(iii) obtain civil penalties; and
(iv) obtain damages, restitution, or other
compensation on behalf of residents of the
State.
(B) Notice and intervention by the federal trade
commission.--The attorney general of a State shall
provide prior written notice of any action under
subparagraph (A) to the Commission and provide the
Commission with a copy of the complaint in the action,
except in any case in which such prior notice is not
feasible, in which case the attorney general shall
serve such notice immediately upon instituting such
action. The Commission shall have the right--
(i) to intervene in the action;
(ii) upon so intervening, to be heard on
all matters arising therein; and
(iii) to file petitions for appeal.
(C) Limitation on state action while federal action
is pending.--If the Commission has instituted a civil
action for violation of this section, no State attorney
general, or official or agency of a State, may bring an
action under this paragraph during the pendency of that
action against any defendant named in the complaint of
the Commission for any violation of this Act alleged in
the complaint.
(d) Definitions.--In this section:
(1) Emergency declaration.--The term ``emergency
declaration'' means--
(A) a public health emergency declared pursuant to
section 319 of the Public Health Service Act (42 U.S.C.
247d); and
(B) a declaration of emergency declared pursuant to
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 note).
(2) Emergency period.--The term ``emergency period'' means
the period of time following an emergency declaration,
including a renewal thereof, and for a period of 30 days after
such period ends.
(3) Emergency supply.--The term ``emergency supply'' means
any good, material, or equipment needed by responders to
protect the health, safety, and welfare of persons during the
emergency period.
(4) Person.--The term ``person'' shall include, but not be
limited to, natural persons, corporations, trusts,
partnerships, incorporated or unincorporated associations, and
any other legal entity.
(5) Responders.--The term ``responders''--
(A) means any local or State governmental agency
and private and nonprofit organizations, whether
incorporated or unincorporated, acting in response to
the covered emergency to protect the health, safety,
and welfare of persons; and
(B) includes State and local departments
responsible for health and human services, State
procurement agencies, hospitals, and medical
facilities.
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