I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Unconscionable Pric5 ing Act’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to protect local and State government agen9 cies and private and nonprofit organizations acting 


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1 in response to the covered emergency to protect the 

2 health, safety, and welfare of persons; and 

3 (2) to make it unlawful in the region or State 

4 affected by a covered emergency for any person to 

5 impose or otherwise charge unconscionable prices to 

6 responders for the purchase or procurement of emer7 gency supplies during the period of the covered 

8 emergency. 

9 SEC. 3. PROHIBITION OF UNCONSCIONABLE PRICING DUR10 ING DECLARED STATE OF EMERGENCY. 

11 (a) IN GENERAL.—During an emergency period it 

12 shall be unlawful in the region or State affected by the 

13 emergency declaration for any person to impose uncon14 scionable prices for the sale, rental, lease, or procurement 

15 of any emergency supply. 

16 (b) FACTORS FOR CONSIDERATION.—In determining 

17 whether a seller has violated subsection (a), a price shall 

18 be considered unconscionable if any person during the 

19 emergency period charges a price that exceeds, by an 

20 amount equal to or in excess of 10 percent the average 

21 price at which the same or similar emergency supply was 

22 obtainable in the affected area during 30 days before the 

23 emergency declaration was issued and the increase in price 

24 charged is not attributable to reasonable costs incurred 


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1 in connection with the rental or sale of the emergency sup2 ply. 

3 (c) ENFORCEMENT.— 

4 (1) ENFORCEMENT BY THE FEDERAL TRADE

5 COMMISSION.— 

6 (A) UNFAIR OR DECEPTIVE ACTS OR PRAC7 TICES.—A violation of subsection (a) shall be 

8 treated as a violation of a regulation under sec9 tion 18(a)(1)(B) of the Federal Trade Commis10 sion Act (15 U.S.C. 57a(a)(1)(B)) regarding 

11 unfair or deceptive acts or practices. 

12 (B) POWERS OF COMMISSION.—The Com13 mission shall enforce subsection (a) in the same 

14 manner, by the same means, and with the same 

15 jurisdiction, powers, and duties as though all 

16 applicable terms and provisions of the Federal 

17 Trade Commission Act (15 U.S.C. 41 et seq.) 

18 were incorporated into and made a part of this 

19 Act. Any person who violates such subsection 

20 shall be subject to the penalties and entitled to 

21 the privileges and immunities provided in the 

22 Federal Trade Commission Act. 

23 (2) EFFECT ON OTHER LAWS.—Nothing in this 

24 Act shall be construed in any way to limit the au25 thority of the Commission under any other provision 


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1 of law or to limit the application of any Federal or 

2 State law. 

3 (3) ENFORCEMENT BY STATE ATTORNEYS GEN4 ERAL.— 

5 (A) IN GENERAL.—If the chief law en6 forcement officer of a State, or an official or 

7 agency designated by a State, has reason to be8 lieve that any person has violated or is violating 

9 subsection (a), the attorney general, official, or 

10 agency of the State, in addition to any author11 ity it may have to bring an action in State 

12 court under its consumer protection law, may 

13 bring a civil action in any appropriate United 

14 States district court or in any other court of 

15 competent jurisdiction, including a State court, 

16 to— 

17 (i) enjoin further such violation by 

18 such person; 

19 (ii) enforce compliance with such sub20 section; 

21 (iii) obtain civil penalties; and 

22 (iv) obtain damages, restitution, or 

23 other compensation on behalf of residents 

24 of the State. 


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1 (B) NOTICE AND INTERVENTION BY THE

2 FEDERAL TRADE COMMISSION.—The attorney 

3 general of a State shall provide prior written 

4 notice of any action under subparagraph (A) to 

5 the Commission and provide the Commission 

6 with a copy of the complaint in the action, ex7 cept in any case in which such prior notice is 

8 not feasible, in which case the attorney general 

9 shall serve such notice immediately upon insti10 tuting such action. The Commission shall have 

11 the right— 

12 (i) to intervene in the action; 

13 (ii) upon so intervening, to be heard 

14 on all matters arising therein; and 

15 (iii) to file petitions for appeal. 

16 (C) LIMITATION ON STATE ACTION WHILE

17 FEDERAL ACTION IS PENDING.—If the Commis18 sion has instituted a civil action for violation of 

19 this section, no State attorney general, or offi20 cial or agency of a State, may bring an action 

21 under this paragraph during the pendency of 

22 that action against any defendant named in the 

23 complaint of the Commission for any violation 

24 of this Act alleged in the complaint. 

25 (d) DEFINITIONS.—In this section: 


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1 (1) EMERGENCY DECLARATION.—The term 

2 ‘‘emergency declaration’’ means— 

3 (A) a public health emergency declared 

4 pursuant to section 319 of the Public Health 

5 Service Act (42 U.S.C. 247d); and 

6 (B) a declaration of emergency declared 

7 pursuant to the Robert T. Stafford Disaster 

8 Relief and Emergency Assistance Act (42 

9 U.S.C. 5121 note). 

10 (2) EMERGENCY PERIOD.—The term ‘‘emer11 gency period’’ means the period of time following an 

12 emergency declaration, including a renewal thereof, 

13 and for a period of 30 days after such period ends. 

14 (3) EMERGENCY SUPPLY.—The term ‘‘emer15 gency supply’’ means any good, material, or equip16 ment needed by responders to protect the health, 

17 safety, and welfare of persons during the emergency 

18 period. 

19 (4) PERSON.—The term ‘‘person’’ shall include, 

20 but not be limited to, natural persons, corporations, 

21 trusts, partnerships, incorporated or unincorporated 

22 associations, and any other legal entity. 

23 (5) RESPONDERS.—The term ‘‘responders’’— 

24 (A) means any local or State governmental 

25 agency and private and nonprofit organizations, 


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1 whether incorporated or unincorporated, acting 

2 in response to the covered emergency to protect 

3 the health, safety, and welfare of persons; and 

4 (B) includes State and local departments 

5 responsible for health and human services, 

6 State procurement agencies, hospitals, and 

7 medical facilities. 

Æ 


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