,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fdej ,,in ,,the ,,house ,,of ,,representatives ,april #c1 #bjbj,mr4 ,neguse introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to prevent price gouging during emergencies1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,price ,gouging ,prevention ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,during a national emergency1 state of emergency1 or public health emergency1 some merchants have taken unfair advantage of consumers by greatly increasing prices for essential consumer goods4 7#b7 ,while the pricing of consumer goods and other supplies is generally best left to the marketplace under ordinary conditions1 when a declared national emergency or state of emergency results in abnormal disruptions of the market1 the public interest requires that excessive and unjustified increases in the prices of essential consumer goods be prohibited4 7#c7 ,to protect citizens from excessive and unjustified increases in the prices charged during or shortly after a declared national emergency or state of emergency for consumer goods and supplies that are vital and necessary for the health1 safety1 and welfare of consumers is of utmost concern and importance4 #c4 ,prevention of price gouging during emergencies 7a7 ,in general ,during an emergency declaration1 including a renewal thereof1 and for a period of #cj days after such emergency period ends1 it shall be unlawful1 in the region or ,state affected by the emergency declaration1 for any seller to sell or offer to sell any consumer good for a price that is more than #aj percent greater than the price charged by similarly situated sellers for those consumer goods during the #abj-;day period before the date of the declaration of the emergency4 7b7 ,factors for consideration ,in determining whether a seller has violated subsection 7a71 there shall be taken into account1 with respect to the price at which such seller sold or offered for sale the consumer good1 factors that include-- 7#a7 whether such increase in price was directly attributable to additional costs of the consumer goods1 or directly attributable to additional costs for labor or materials used to provide the consumer goods during the emergency declaration2 and 7#b7 whether such price is not more than #aj percent greater than the total of the cost to the seller plus the markup customarily applied by the seller for that consumer good in the usual course of business before the onset of the public health emergency4 7c7 ,enforcement 7#a7 ,enforcement by ,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 section4 ,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 section shall be construed in any way to limit the authority of the ,commission under any other provision4 7#c7 ,enforcement by ,state attorneys general 7,a7 ,in general ,if the attorney general of a ,state1 or another 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 subsection 7a72 7iii7 obtain civil penalties2 and 7iv7 obtain damages1 restitution1 or other compensation on behalf of residents of the ,state4 7,b7 ,notice ,before filing an action under subparagraph 7,a71 the attorney general1 official1 or agency of the ,state involved shall provide to the ,commission a written notice of such action and a copy of the complaint for such action4 ,if the attorney general1 official1 or agency determines that it is not feasible to provide the notice described in this subsection before the filing of the action1 the attorney general1 official1 or agency shall provide written notice of the action and a copy of the complaint to the ,commission immediately upon the filing of the action4 7,c7 ,authority of ,commission ,on receiving notice under subparagraph 7,b7 of an action under this section1 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,d7 ,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 section alleged in the complaint4 7d7 ,definitions ,for purposes of this section1 the following definitions apply3 7#a7 ,consumer good ,the term consumer good means a good offered in commerce1 including-- 7,a7 food1 water1 ice1 flashlights1 radios1 batteries1 candles1 blankets1 soaps1 diapers1 toiletries1 gasoline1 generators1 temporary shelters1 plywood1 nails1 hammers2 7,b7 prescription and nonprescription medications1 bandages1 gauze1 isopropyl alcohol1 any personal protective equipment for protection from or prevention of a contagious disease1 antibacterial materials2 or 7,c7 goods vital and necessary for the health1 safety1 welfare of consumers deemed necessary by public health officials during a declared public health emergency4 7#b7 ,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#c7 ,seller ,the term seller means any person selling or offering for sale any consumer good1 as defined in such section4