,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fdgb ,,in ,,the ,,house ,,of ,,representatives ,april #g1 #bjbj,ms4 ,schakowsky 7for herself1 ,mr4 ,pallone1 ,mr4 ,cicilline1 ,mr4 ,nadler1 ,mr4 ,crdenas1 and ,mr4 ,lujn7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to prohibit price gouging in connection with the public health emergency resulting from ,,covid-#ai1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,covid-#ai ,price ,gouging ,prevention ,act4 #b4 ,prevention of price gouging 7a7 ,in general ,for the duration of a public health emergency declared pursuant to section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 as a result of confirmed cases of #bjai novel coronavirus 7,,covid-#ai71 including any renewal thereof1 it shall be unlawful for any person to sell or offer for sale a good or service at a price that-- 7#a7 is unconscionably excessive2 and 7#b7 indicates the seller is using the circumstances related to such public health emergency 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 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 good or service was sold or offered for sale by such person-- 7,a7 during the #ij-;day period immediately preceding ,january #ca1 #bjbj2 or 7,b7 during the same #ij-;day period of the previous year4 7#b7 ,whether such price grossly exceeds the average price at which the same or a similar good or service was readily obtainable from other similarly situated competing sellers before ,january #ca1 #bjbj4 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 good or service under the circumstances4 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 ,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 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 ,,ftc ,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 ,act1 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 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 7#d7 ,savings clause ,nothing in this ,act shall preempt or otherwise affect any ,state or local law4 7d7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,good or service ,the term good or service means a good or service offered in commerce1 including-- 7,a7 food1 beverages1 water1 ice1 a chemical1 or a personal hygiene product2 7,b7 any personal protective equipment for protection from or prevention of contagious diseases1 filtering facepiece respirators1 medical supplies 7including medical testing supplies71 cleaning supplies1 disinfectants1 sanitizers2 or 7,c7 any healthcare service1 cleaning service1 or delivery service4 7#c7 ,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