I 
117TH CONGRESS 
1ST SESSION 
H. R. 732 
To prohibit unconscionable pricing of emergency supplies for responders 
during a Federal emergency period, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 2, 2021 
Ms. SPEIER (for herself, Mr. COHEN, Ms. JACKSON LEE, Mr. JONES, Ms. 
SCANLON, and Mr. CARSON) introduced the following bill; which was re-
ferred 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Unconscionable Pric-
ing Act’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to protect local and State government agen-
cies and private and nonprofit organizations acting 
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in response to the covered emergency to protect the 
health, safety, and welfare of persons; and 
(2) to make it unlawful for any person to im-
pose or otherwise charge unconscionable prices to re-
sponders in the region or State affected by a covered 
emergency for the purchase or procurement of emer-
gency supplies during the period of the covered 
emergency. 
SEC. 3. PROHIBITION OF UNCONSCIONABLE PRICING DUR-
ING DECLARED STATE OF EMERGENCY. 
(a) IN GENERAL.—During an emergency period it 
shall be unlawful for any person to impose unconscionable 
prices in the region or State affected by the emergency 
declaration 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 
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in connection with the rental or sale of the emergency sup-
ply. 
(c) ENFORCEMENT.— 
(1) ENFORCEMENT BY THE FEDERAL TRADE 
COMMISSION.— 
(A) UNFAIR OR DECEPTIVE ACTS OR PRAC-
TICES.—A violation of subsection (a) shall be 
treated as a violation of a regulation under sec-
tion 18(a)(1)(B) of the Federal Trade Commis-
sion Act (15 U.S.C. 57a(a)(1)(B)) regarding 
unfair or deceptive acts or practices. 
(B) POWERS OF COMMISSION.—The Com-
mission 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 au-
thority of the Commission under any other provision 
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of law or to limit the application of any Federal or 
State law. 
(3) ENFORCEMENT BY STATE ATTORNEYS GEN-
ERAL.— 
(A) IN
GENERAL.—If the chief law en-
forcement officer of a State, or an official or 
agency designated by a State, has reason to be-
lieve that any person has violated or is violating 
subsection (a), the attorney general, official, or 
agency of the State, in addition to any author-
ity 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 sub-
section; 
(iii) obtain civil penalties; and 
(iv) obtain damages, restitution, or 
other compensation on behalf of residents 
of the State. 
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(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, ex-
cept in any case in which such prior notice is 
not feasible, in which case the attorney general 
shall serve such notice immediately upon insti-
tuting 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 Commis-
sion has instituted a civil action for violation of 
this section, no State attorney general, or offi-
cial 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: 
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(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 ‘‘emer-
gency 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 ‘‘emer-
gency supply’’ means any good, material, or equip-
ment 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, 
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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. 
Æ 
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