,i #aaeth ,,congress #ast ,session ,h4 ,r4 #daif ,,in ,,the ,,house ,,of ,,representatives ,october #ca1 #bjag,mr4 ,pallone introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to prohibit price gouging after a major disaster1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,targeting ,americans in ,natural ,disasters with ,unconscionable ,prices ,act of #bjag or the ,,stand ,,up ,act of #bjag4 #b4 ,prevention of price gouging 7a7 ,in general ,during the #ahj-;day period beginning on the date on which a major disaster is declared by the ,president1 it shall be unlawful for any person to sell or offer for sale a consumer good or service in an affected area at a price that-- 7#a7 is unconscionably excessive2 and 7#b7 indicates the seller is taking unfair advantage of the circumstances related to a major disaster to increase prices unreasonably4 7b7 ,factors for consideration ,in determining whether a person has violated subsection 7a71 there shall be taken into account1 with respect to the price at which such person sold or offered for sale the consumer good or service1 factors that include the following3 7#a7 ,whether such price grossly exceeds the average price at which the same or a similar consumer good or service was sold or offered for sale by such person in the affected area-- 7,a7 during the #ij-;day period immediately preceding the #ahj-;day period described in such subsection2 or 7,b7 during the same #ahj-;day period of the previous year4 7#b7 ,whether such price grossly exceeds the average price at which the same or a similar consumer good or service was readily obtainable from other similarly situated competing sellers in the affected area during the #ahj-;day period described in such subsection4 7#c7 ,whether such price reasonably reflects additional costs1 not within the control of such person1 that were paid1 incurred1 or reasonably anticipated by such person1 or reasonably reflects the profitability of forgone sales or additional risks taken by such person1 to produce1 distribute1 obtain1 or sell such consumer good or service under the circumstances4 7#d7 ,whether such price is substantially attributable to local1 regional1 national1 or international market conditions4 #c4 ,enforcement 7a7 ,enforcement by ,federal ,trade ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of section #b 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 section #b 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 section shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act4 7b7 ,effect on other laws ,nothing in this ,act shall be construed in any way to limit or affect the authority of the ,commission under any other provision of law4 7c7 ,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 section #b1 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-- 7,a7 enjoin further such violation by such person2 7,b7 enforce compliance with such section2 7,c7 obtain civil penalties2 and 7,d7 obtain damages1 restitution1 or other compensation on behalf of residents of the ,state4 7#b7 ,notice and intervention by the ,,ftc ,the attorney general of a ,state shall provide prior written notice of any action under paragraph 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-- 7,a7 to intervene in the action2 7,b7 upon so intervening1 to be heard on all matters arising therein2 and 7,c7 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 ,act1 no ,state attorney general1 or official or agency of a ,state1 may bring an action under this subsection 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 7#d7 ,relationship with ,state-law claims ,if the attorney general of a ,state has authority to bring an action under ,state law directed at acts or practices that also violate this ,act1 the attorney general may assert the ,state-law claim and a claim under this ,act in the same civil action4 7d7 ,savings clause ,nothing in this ,act shall preempt or otherwise affect any ,state or local law4 #d4 ,definitions ,in this ,act3 7#a7 ,affected area ,the term affected area means an area affected by a major disaster declared by the ,president under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq474 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,consumer good or service ,the term consumer good or service-- 7,a7 means a good1 piece of equipment1 or service provided primarily for personal1 family1 or household purposes1 including food1 water1 ice1 a chemical1 a building supply1 a tool1 a petroleum product1 residential construction1 reconstruction1 repair service1 or a service for the removal of debris 7including a damaged tree7 or garbage2 and 7,b7 includes a property or a facility rented to a consumer for use as a residence or storage facility4 7#d7 ,major disaster ,the term major disaster has the meaning given that term in section #ajb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eabb74 7#e7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 each commonwealth1 territory1 or possession of the ,united ,states1 and each federally recognized ,indian ,tribe4