,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gbgg ,,in ,,the ,,house ,,of ,,representatives ,june #ah1 #bjbj,ms4 ,speier 7for herself1 ,mr4 ,cohen1 ,ms4 ,jackson ,lee1 and ,ms4 ,meng7 introduced the following bill2 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 period1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,unconscionable ,pricing ,act4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to protect local and ,state government agencies and private and nonprofit organizations acting in response to the covered emergency to protect the health1 safety1 and welfare of persons2 and 7#b7 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 emergency4 #c4 ,prohibition of unconscionable pricing during declared ,state of emergency 7a7 ,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 sale1 rental1 lease1 or procurement of any emergency supply4 7b7 ,factors for consideration ,in determining whether a seller has violated subsection 7a71 a price shall be considered unconscionable if any person during the emergency period charges a price that exceeds1 by an amount equal to or in excess of #aj percent the average price at which the same or similar emergency supply was obtainable in the affected area during #cj 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 supply4 7c7 ,enforcement 7#a7 ,enforcement by the ,federal ,trade ,commission 7,a7 ,unfair or deceptive acts or practices ,a violation of subsection 7a7 shall be treated as a violation of a regulation under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b77 regarding unfair or deceptive acts or practices4 7,b7 ,powers of commission ,the ,commission shall enforce subsection 7a7 in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 ,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 ,act4 7#b7 ,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 law4 7#c7 ,enforcement by ,state attorneys general 7,a7 ,in general ,if the chief law enforcement officer of a ,state1 or an official or agency designated by a ,state1 has reason to believe that any person has violated or is violating subsection 7a71 the attorney general1 official1 or agency of the ,state1 in addition to any authority it may have to bring an action in ,state court under its consumer protection law1 may bring a civil action in any appropriate ,united ,states district court or in any other court of competent jurisdiction1 including a ,state court1 to-- 7i7 enjoin further such violation by such person2 7ii7 enforce compliance with such subsection2 7iii7 obtain civil penalties2 and 7iv7 obtain damages1 restitution1 or other compensation on behalf of residents of the ,state4 7,b7 ,notice and intervention by the ,federal ,trade ,commission ,the attorney general of a ,state shall provide prior written notice of any action under subparagraph 7,a7 to the ,commission and provide the ,commission with a copy of the complaint in the action1 except in any case in which such prior notice is not feasible1 in which case the attorney general shall serve such notice immediately upon instituting such action4 ,the ,commission shall have the right-- 7i7 to intervene in the action2 7ii7 upon so intervening1 to be heard on all matters arising therein2 and 7iii7 to file petitions for appeal4 7,c7 ,limitation on ,state action while ,federal action is pending ,if the ,commission has instituted a civil action for violation of this section1 no ,state attorney general1 or official or agency of a ,state1 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 complaint4 7d7 ,definitions ,in this section3 7#a7 ,emergency declaration ,the term emergency declaration means-- 7,a7 a public health emergency declared pursuant to section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d72 and 7,b7 a declaration of emergency declared pursuant to the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba note74 7#b7 ,emergency period ,the term emergency period means the period of time following an emergency declaration1 including a renewal thereof1 and for a period of #cj days after such period ends4 7#c7 ,emergency supply ,the term emergency supply means any good1 material1 or equipment needed by responders to protect the health1 safety1 and welfare of persons during the emergency period4 7#d7 ,person ,the term person shall include1 but not be limited to1 natural persons1 corporations1 trusts1 partnerships1 incorporated or unincorporated associations1 and any other legal entity4 7#e7 ,responders ,the term responders-- 7,a7 means any local or ,state governmental agency and private and nonprofit organizations1 whether incorporated or unincorporated1 acting in response to the covered emergency to protect the health1 safety1 and welfare of persons2 and 7,b7 includes ,state and local departments responsible for health and human services1 ,state procurement agencies1 hospitals1 and medical facilities4