,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #fbfd  ,,in ,,the ,,house ,,of  
,,representatives  ,march #ab1 #bjbj,mr4
 ,smith of ,missouri 7for himself and   
,mr4 ,gottheimer7 introduced the        
following bill2 which was referred to   
the ,committee on the ,judiciary  ,a    
,,bill  ,to prohibit price gouging      
during a state of emergency declaration1
 and for other purposes4  #a4 ,short    
title ,this ,act may be cited as the    
,preventing ,pandemic ,profiting ,act4  
#b4 ,prohibition  7a7 ,in general       
,chapter #aa of title #ah1 ,united      
,states ,code1 is amended by inserting  
after section #bbj the following3  #bba4
 ,price gouging during a state of       
emergency declaration  7a7 ,in general  
,whoever1 in any location that has      
received a state of emergency           
declaration1 knowingly sells or offers  
for sale1 during the effective period of
 such declaration1 any goods or services
 identified by the ,secretary of ,health
 and ,human ,services as vital and      

necessary for the health1 safety1 and   
welfare of consumers1 including medical 
treatment1 at an unconscionably         
excessive price1 shall be fined not more
 than #a1jjj1 imprisoned not more than  
#e years1 or both4  7b7 ,definitions ,in
 this section3 7#a7 ,state of emergency 
declaration ,the term state of emergency
 declaration means-- 7,a7 a public      
health emergency declaration under      
section #cai of the ,public ,health     
,service ,act2  7,b7 a major disaster   
declaration under section #dja of the   
,robert ,t4 ,stafford ,disaster ,relief 
and ,emergency ,assistance ,act2 or     
7,c7 an emergency declaration under     
section #eja of the ,robert ,t4         
,stafford ,disaster ,relief and         
,emergency ,assistance ,act4  7#b7      
,unconscionably excessive price ,the    
term unconscionably excessive price--   
7,a7 means a price higher than the      
average price at which goods or services
 were sold or offered for sale during   
the #cj-;day period prior to the date on

 which a state of emergency declaration 
is made2 and  7,b7 does not include--   
7i7 an increased price that reflects the
 average profit margin during the       
#cj-;day period prior to the date on    
which a state of emergency declaration  
is made1 plus an increase in the cost of
 services or the cost of acquiring1     
producing1 selling1 transporting1 and   
delivering goods2 or  7ii7 any price    
agreed to by a seller and consumer prior
 to the date on which a state of        
emergency declaration is made4  4  7b7  
,clerical amendment ,the table of       
sections for chapter #aa of title #ah1  
,united ,states ,code1 is amended by    
inserting after the item related to     
section #bbj the following3  #bba4      
,price gouging during a state of        
emergency declaration4  4  7c7          
,application ,this ,act and the         
amendments made by this ,act shall apply
 with respect to conduct occurring on or
 after the date of enactment of this    
,act4