,,ii #aafth ,,congress #b;d ,session ,s4 #cegd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bd1 #bjbj,mr4 ,tillis introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to protect consumers from price-gouging during emergencies4 #a4 ,short title ,this ,act may be cited as the ,ending ,price-,gouging ,during ,emergencies ,act4 #b4 ,prohibition of unconscionably excessive pricing of necessary goods and services during emergencies 7a7 ,unconscionable pricing 7#a7 ,in general ,it shall be unlawful for any person to sell1 at wholesale or at retail in an emergency area and during an emergency period1 any good or service covered by a proclamation issued by the ,administrator of the ,federal ,emergency ,management ,agency 7in this section referred to as the ,administrator7 under paragraph 7#b7 at a price that-- 7,a7 is unconscionably excessive2 and 7,b7 indicates the seller is taking unfair advantage of the circumstances related to the emergency to increase prices unreasonably4 7#b7 ,necessary goods and services proclamation 7,a7 ,in general ,the ,administrator may issue a proclamation with respect to an emergency area during an emergency period to designate the goods and services to which the prohibition described in paragraph 7#a7 shall apply4 7,b7 ,content of proclamation ,a proclamation issued under this paragraph shall include the following3 7i7 ,the geographic area covered by the proclamation4 7ii7 ,the time period that such proclamation shall be in effect4 7iii7 ,the specific goods and services or categories of goods and services that are subject to the prohibition described in paragraph 7#a74 7,c7 ,duration ,the proclamation may not apply for a period of more than #cj consecutive days1 but may be renewed for such consecutive periods1 each not to exceed #cj days1 as the ,administrator determines appropriate4 7,d7 ,authority to issue multiple proclamations ,the ,administrator may issue multiple proclamations under this paragraph with respect to an emergency area and an emergency period1 as necessary4 7#c7 ,factors considered ,in determining whether a person has violated paragraph 7#a71 there shall be taken into account1 among other factors-- 7,a7 whether the amount charged by such person for the applicable good or service at a particular location in an area covered by a proclamation issued under paragraph 7#b7 during the period such proclamation is in effect-- 7i7 grossly exceeds the average price at which the applicable good or service was offered for sale by that person during the #cj days prior to such proclamation2 7ii7 grossly exceeds the price at which the same or similar good or service was readily obtainable in the same area from other competing sellers during the same period2 7iii7 reasonably reflected additional costs1 not within the control of that person1 that were paid1 incurred1 or reasonably anticipated by that person1 or reflected additional risks taken by that person to produce1 distribute1 obtain1 or sell such good or service under the circumstances2 and 7iv7 was substantially attributable to local1 regional1 national1 or international market conditions2 and 7,b7 whether the quantity of the good or service the person produced1 distributed1 or sold in an area covered by a proclamation issued under paragraph 7#b7 during a #cj-;day period following the issuance of such proclamation increased over the quantity that such person produced1 distributed1 or sold during the #cj days prior to such proclamation1 taking into account usual seasonal demand variations4 7b7 ,definition of emergency area and period ,in this section1 an emergency area is a geographical area in which1 and an emergency period is the period during which1 there exists an emergency or disaster declared by the ,president pursuant to the ,national ,emergencies ,act or the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act4 7c7 ,effective date ,this section shall take effect on the date of enactment of this ,act and shall apply to any emergency or disaster declaration described in subsection 7b7 that is in effect on such date or made on or after such date4 #c4 ,enforcement by the ,federal ,trade ,commission 7a7 ,enforcement by ,,ftc ,a violation of section #b shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 ,the ,federal ,trade ,commission shall enforce this ,act in the same manner1 by the same means1 and with the same jurisdiction as though all applicable terms and provisions of the ,federal ,trade ,commission ,act were incorporated into and made a part of this ,act4 ,in enforcing section #b of this ,act1 the ,commission shall give priority to enforcement actions involving instances of a good or service being sold at an unconscionably excessive price during an emergency period with the highest percentage increase in price over the price for such good or service as of the second week preceding such period4 7b7 ,civil penalties 7#a7 ,in general ,notwithstanding the penalties set forth under the ,federal ,trade ,commission ,act1 any person who violates section #b with actual knowledge or knowledge fairly implied on the basis of objective circumstances shall be subject to-- 7,a7 a civil penalty of not more than #aj times the amount of profits gained by such person through such violation2 or 7,b7 a civil penalty of not more than #ajj1jjj1jjj4 7#b7 ,method ,the penalties provided by paragraph 7#a7 shall be obtained in the same manner as civil penalties obtained under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de74 7#c7 ,multiple offenses2 mitigating factors ,in assessing the penalty provided by subsection 7a7-- 7,a7 each day of a continuing violation shall be considered a separate violation2 and 7,b7 the court shall take into consideration1 among other factors1 the seriousness of the violation and the efforts of the person committing the violation to remedy the harm caused by the violation in a timely manner4 #d4 ,criminal penalties 7a7 ,in general ,in addition to any penalty applicable under section #c1 any person who violates section #b shall be fined under title #ah1 ,united ,states ,code1 in an amount not to exceed #ejj1jjj1jjj4 7b7 ,enforcement ,the criminal penalty provided by subsection 7a7 may be imposed only pursuant to a criminal action brought by the ,attorney ,general or other officer of the ,department of ,justice4 ,the ,attorney ,general shall give priority to enforcement actions involving instances of a good or service being sold at an unconscionably excessive price during an emergency period with the highest percentage increase in price over the price for such good or service as of the second week preceding such period4 #e4 ,enforcement at retail level by ,state attorneys general 7a7 ,in general ,a ,state1 as parens patriae1 may bring a civil action on behalf of its residents in an appropriate district court of the ,united ,states to enforce the provisions of section #b of this ,act1 or to impose the civil penalties authorized by section #c7;b77#a77;,b71 whenever the attorney general of the ,state has reason to believe that the interests of the residents of the ,state have been or are being threatened or adversely affected by a violation of this ,act or a regulation under this ,act1 involving a retail sale4 7b7 ,notice ,the ,state shall serve written notice to the ,federal ,trade ,commission of any civil action under subsection 7a7 prior to initiating such civil action4 ,the notice shall include a copy of the complaint to be filed to initiate such civil action1 except that if it is not feasible for the ,state to provide such prior notice1 the ,state shall provide such notice immediately upon instituting such civil action4 7c7 ,authority ,to intervene ,upon receiving the notice required by subsection 7b71 the ,federal ,trade ,commission may intervene in such civil action and upon intervening-- 7#a7 be heard on all matters arising in such civil action2 and 7#b7 file petitions for appeal of a decision in such civil action4 7d7 ,construction ,for purposes of bringing any civil action under subsection 7a71 nothing in this section shall prevent the attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of such ,state to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence4 7e7 ,venue2 service of process ,in a civil action brought under subsection 7a7-- 7#a7 the venue shall be a judicial district in which-- 7,a7 the defendant operates2 7,b7 the defendant was authorized to do business2 or 7,c7 the defendant in the civil action is found2 7#b7 process may be served without regard to the territorial limits of the district or of the ,state in which the civil action is instituted2 and 7#c7 a person who participated with the defendant in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person4 7f7 ,limitation on ,state action while ,federal action is pending ,if the ,federal ,trade ,commission has instituted a civil action or an administrative 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 ,federal ,trade ,commission or the other agency for any violation of this ,act alleged in the complaint4 7g7 ,enforcement of ,state ,law ,nothing contained in this section shall prohibit an authorized ,state official from proceeding in ,state court to enforce a civil or criminal statute of such ,state4 #f4 ,effect on other laws 7a7 ,other authority of ,federal ,trade ,commission ,nothing in this ,act shall be construed to limit or affect in any way the ,federal ,trade ,commission's authority to bring enforcement actions or take any other measure under the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 or any other provision of law4 7b7 ,state law ,nothing in this ,act preempts any ,state law4