Home > 106th Congressional Bills > H.R. 5405 (ih) To amend title I of the Employee Retirement Income Security Act of 1974 to provide emergency protection for retiree health benefits. [Introduced in House] ...

H.R. 5405 (ih) To amend title I of the Employee Retirement Income Security Act of 1974 to provide emergency protection for retiree health benefits. [Introduced in House] ...


Google
 
Web GovRecords.org







108th CONGRESS
  2d Session
                                H. R. 5404

   To prohibit price gouging during a shortage of a covered vaccine.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 2004

 Mr. Kucinich introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To prohibit price gouging during a shortage of a covered vaccine.

    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 ``Fair Vaccine Price Act of 2004''.

SEC. 2. PROHIBITION AGAINST PRICE GOUGING DURING A SHORTAGE OF A 
              COVERED VACCINE.

    (a) Prohibition.--No person shall introduce or deliver for 
introduction into interstate commerce any covered vaccine with a price 
in violation of this section.
    (b) Unlawful Price.--The price of a covered vaccine is in violation 
of this section if--
            (1) at the time the vaccine is offered for sale at such 
        price--
                    (A) there is in effect a declaration of a shortage 
                of the vaccine under subsection (c); or
                    (B) the seller knows or has substantial reason to 
                believe there will be a shortage of the vaccine within 
                a period of 60 days, and not later than the end of such 
                period there is in effect a declaration of a shortage 
                of the vaccine under subsection (c); and
            (2) the price of the vaccine per dose is at least 150 
        percent of the baseline price of the vaccine per dose (as 
        determined under subsection (d)).
    (c) Declaration of Vaccine Shortage.--For any period for which the 
Secretary of Health and Human Services determines there will be a 
shortage of a covered vaccine, the Secretary may declare a shortage of 
that vaccine for purposes of this Act.
    (d) Baseline Price Determination.--
            (1) In general.--Subject to paragraph (2), the baseline 
        price of a covered vaccine per dose is--
                    (A) the average price of the brand of vaccine per 
                dose offered for sale by the seller on the date that is 
                60 days before the effective date of the applicable 
                declaration under subsection (c);
                    (B) if the seller did not offer for sale the brand 
                of vaccine on the date described in subparagraph (A), 
                the average price of the brand of vaccine per dose 
                offered by the seller during the 12-month period 
                preceding such date; or
                    (C) if the seller did not offer for sale the brand 
                of vaccine on the date described in paragraph (1)(A) or 
                during the period described in paragraph (1)(B), the 
                price determined by the Secretary under paragraph (3).
            (2) Exception.--If the Secretary finds that the average 
        price of a covered vaccine is substantially different at the 
        time of a declaration of a shortage of that vaccine under 
        subsection (c) than the average price of the vaccine during the 
        12-month period preceding such declaration because of factors 
        wholly unrelated to the causes of the shortage, the Secretary 
        may determine an appropriate baseline price of the vaccine.
            (3) Timing of determinations by secretary.--At the time of 
        declaring a shortage of a covered vaccine under subsection (c), 
        the Secretary shall determine an appropriate baseline price of 
        the vaccine per dose for purposes of paragraph (1)(C) and, if 
        applicable, for purposes of paragraph (2).
    (e) Penalties.--
            (1) In general.--Any person who violates subsection (a) 
        shall be imprisoned for not more than 30 days, fined in the 
        amount described in paragraph (2), or both. Each violation of 
        subsection (a) respecting a separate dose of a covered vaccine 
        constitutes a separate offense.
            (2) Amount.--The amount of a fine under paragraph (1) shall 
        be, for each dose of covered vaccine sold at a price in 
        violation of this section, 3 times the amount of the difference 
        between such price and the applicable baseline price.
    (f) Citizen Suits.--
            (1) In general.--Except as provided in paragraph (2), any 
        person may commence a civil action on his own behalf to compel 
        compliance with subsection (a) against any person (including 
        the United States and any other governmental instrumentality or 
        agency to the extent permitted by the Eleventh Amendment to the 
        Constitution) for any alleged violation of subsection (a). The 
        United States district courts shall have jurisdiction, without 
        regard to the amount in controversy or the citizenship of the 
        parties, to compel compliance with such subsection.
            (2) Notice required.--No action may be commenced under this 
        subsection--
                    (A) prior to 30 days after the plaintiff has given 
                notice of the alleged violation (in such manner as the 
                Secretary may require) to the Secretary and to each 
                alleged violator of subsection (a); or
                    (B) if the Secretary or the Attorney General of the 
                United States has commenced and is diligently 
                prosecuting a criminal or civil action in a court of 
                the United States to require each such alleged violator 
                to comply with subsection (a), but in any such civil 
                action in a court of the United States any person may 
                intervene as a matter of right.
            (3) Intervention.--In any action under this subsection, the 
        Secretary or the Attorney General of the United States, if not 
        a party, may intervene as a matter of right.
            (4) Award of costs.--The court, in issuing any final order 
        in any action brought under this subsection, may award costs of 
        litigation (including reasonable attorney and expert witness 
        fees) to any party whenever the court determines such an award 
        is appropriate.
    (g) Action for Damages.--If a person purchases a covered vaccine at 
a price in violation of this section, the person may bring a civil 
action against the seller of the vaccine in a district court of the 
United States to recover--
            (1) the amount that is 3 times the amount of the difference 
        between such price and the applicable baseline price; and
            (2) the costs of the action (including reasonable attorney 
        and expert witness fees).
    (h) No Preemption.--Nothing in this Act shall be construed as--
            (1) affecting the authority of a State to regulate the 
        distribution and sale of vaccines; or
            (2) restricting the right of any person (or class of 
        persons) under any statute or common law to seek enforcement of 
        a requirement relating to the distribution or sale of a vaccine 
        or to seek any other relief.
    (i) Definitions.--For purposes of this Act:
            (1) The term ``covered vaccine'' means a vaccine intended 
        to prevent or mitigate the effects of influenza or any 
        biological terrorist agent.
            (2) The term ``Secretary'' means the Secretary of Health 
        and Human Services.
                                 <all>

Pages: 1

Other Popular 106th Congressional Bills Documents:

1 S. 762 (is) To direct the Secretary of the Interior to conduct a feasibility study on the inclusion of the Miami Circle in Biscayne National Park. [Introduced in Senate] ...
2 H.R. 5297 (ih) To amend the Watershed Protection and Flood Prevention Act to authorize the Secretary of Agriculture to provide cost share assistance for the construction of reservoir structures for the storage of water in rural areas, and for other purpos...
3 H.R. 2981 (enr) To extend energy conservation programs under the Energy Policy and Conservation Act through March 31, 2000. [Enrolled bill] ...
4 S. 1489 (is) To amend title 38, United States Code, to provide for the payment to States of plot allowances for certain veterans eligible for burial in a national cemetery who are buried in cemeteries of such States. [Introduced in Senate] ...
5 H.R. 5399 (ih) To authorize the Secretary of the Interior to study the suitability and feasibility of designating the Abel and Mary Nicholson House located in Elsinboro Township, Salem County, New Jersey, as a unit of the National Park System, and for oth...
6 H.R. 3170 (ih) To amend title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990 to exclude individuals who are employed, and unlawfully present, in the United States....
7 H.Res. 512 (eh) [Engrossed in House] ...
8 H.R. 4418 (ih) To make various improvements in the military health care system with respect to the TRICARE program. [Introduced in House] ...
9 S. 3114 (is) To provide loans for the improvement of telecommunications services on Indian reservations [Introduced in Senate] ...
10 H.R. 4119 (ih) To amend the Public Health Service Act to expand health care access and choice of coverage through Individiual Membership Associations (IMAs). [Introduced in House] ...
11 H.Res. 646 (eh) [Engrossed in House] ...
12 H.R. 2752 (rh) To give Lincoln County, Nevada, the right to purchase at fair market value certain public land located within that county, and for other purposes. [Reported in House] ...
13 H.R. 510 (eh) To direct the Secretary of the Interior to transfer to John R. and Margaret J. Lowe of Big Horn County, Wyoming, certain land so as to correct an error in the patent issued to their predecessors in interest. [Engrossed in House] %%Filename:...
14 H.R. 1555 (ih) To authorize appropriations for fiscal year 2000 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, a...
15 S.Con.Res. 117 (es) [Engrossed in Senate] ...
16 H.R. 4226 (eh) To authorize the Secretary of Agriculture to sell or exchange all or [Engrossed in House] ...
17 H.R. 4441 (ih) To amend title 49, United States Code, to provide a mandatory fuel surcharge for transportation provided by certain motor carriers, and for other purposes. [Introduced in House] ...
18 H.R. 2035 (ih) To correct errors in the authorizations of certain programs administered by the National Highway Traffic Administration. [Introduced in House] ...
19 H.Con.Res. 345 (rh) Expressing the sense of the Congress regarding the need for cataloging and maintaining public memorials commemorating military conflicts of the United States and the service of individuals in the Armed Forces. [Reported in House] %%Fil...
20 S. 366 (rs) To amend the National Trails System Act to designate El Camino Real de Tierra Adentro as a National Historic Trail. [Reported in Senate] ...
21 H.Res. 378 (ih) Recognizing the vital importance of hunting as a legitimate tool of wildlife resource management. [Introduced in House] ...
22 H.R. 916 (ih) To make technical amendments to section 10 of title 9, United States Code. [Introduced in House] ...
23 H.R. 755 (rh) To amend the Organic Act of Guam to provide restitution to the people of Guam who suffered atrocities such as personal injury, forced labor, forced marches, internment, and death during the occupation of Guam in World War II, and for other p...
24 H.R. 4864 (ih) To amend title 38, United States Code, to reaffirm and clarify the duty of the Secretary of Veterans Affairs to assist claimants for benefits under laws administered by the Secretary, and for other purposes. [Introduced in House] %%Filename...
25 S. 1235 (rs) To amend part G of title I of the Omnibus Crime Control and Safe Streets Act of 1968 to allow railroad police officers to attend the Federal Bureau of Investigation National Academy for law enforcement training. [Reported in Senate] %%Filenam...
26 H.R. 1920 (ih) To establish a program to provide grants to expand the availability of public health dentistry programs in medically underserved areas, health professional shortage areas, and other Federally-defined areas that lack primary dental services....
27 S. 3161 (is) To amend title XVIII of the Social Security Act to require the Medicare Payment Advisory Commission to conduct a study on certain hospital costs. [Introduced in Senate] ...
28 H.Res. 189 (eh) [Engrossed in House] ...
29 H.R. 2938 (ih) To designate the facility of the United States Postal Service located at 424 South Michigan Street in South Bend, Indiana, as the ``John Brademas Post Office''. [Introduced in House] ...
30 H.R. 687 (ih) To abolish the Special Reserve of the Savings Association Insurance Fund and to repeal the provision which would have established the Special Reserve of the Deposit Insurance Fund had section 2704 of the Deposit Insurance Funds Act of 1996 t...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy