,,ii  #aafth ,,congress  #b;d ,session  
,s4 #cegf  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,march #bd1    
#bjbj,ms4 ,klobuchar 7for herself1 ,mr4 
,blumenthal1 ,ms4 ,hirono1 and ,ms4     
,cortez ,masto7 introduced the following
 bill2 which was read twice and referred
 to the ,committee on ,commerce1        
,science1 and ,transportation  ,a ,,bill
  ,to clarify that the ,federal ,trade  
,commission ,act prohibits excessive and
 unjustified price increases in the sale
 of certain products and services when  
an emergency or disaster results in     
abnormal disruptions of the market1 and 
for other purposes4  #a4 ,short title   
,this ,act may be cited as the ,disaster
 and ,emergency ,pricing ,abuse         
,prevention ,act4  #b4 ,definitions ,in 
this section3 7a7 ,commission ,the term 
,commission means the ,federal ,trade   
,commission4  7b7 ,essential goods or   
services ,the term essential goods or   
services means goods or services that   
may be used to preserve1 protect1 or    

sustain the health1 safety1 or welfare  
of members of the public from potential 
harms resulting from a natural disaster1
 a pandemic1 or the circumstances giving
 rise to a state of emergency4  7c7     
,natural disaster ,the term natural     
disaster means a disaster1 catastrophe1 
or emergency1 including flood1 fire1    
earthquake1 storm1 or other serious act 
of nature1 which threatens the health1  
safety1 or welfare of the public4  7d7  
,person ,the term person means an       
individual or entity1 its directors1    
officers1 employees1 agents1            
representatives1 successors1 and        
assigns1 including any entity the person
 controls1 and the respective directors1
 officers1 employees1 agents1           
representatives1 successors1 and assigns
 of each4  7e7 ,state of emergency ,the 
term state of emergency means any state 
of emergency or disaster declared by the
 ,president or by the government of any 
,state or territory of the ,united      
,states4  7f7 ,unconscionably excessive 

price ,the term unconscionably excessive
 price means a price that represents a  
gross disparity between the price of the
 essential good or service that is the  
subject of an offer or transaction      
during1 or in anticipation of1 a natural
 disaster1 pandemic1 or state of        
emergency and the average price at which
 such essential good or service was     
offered in the ordinary course of       
business prior to any public            
anticipation of a natural disaster1     
pandemic1 or state of emergency4  #c4   
,federal ,trade ,commission enforcement 
against price gouging  7a7 ,violation   
,selling1 or offering for sale1         
essential goods and services1 in or     
affecting commerce1 at an unconscionably
 excessive price during1 or in          
anticipation of1 a natural disaster1    
pandemic1 or state of emergency1 shall  
constitute an unfair or deceptive act or
 practice under section #e7;a7 of the   
,federal ,trade ,commission ,act 7#ae   
,u4,s4,c4 #de7;a774  7b7 ,civil action  

7#a7 ,in general ,if the ,commission has
 reason to believe that there has been a
 violation of section #e7;a7 of the     
,federal ,trade ,commission ,act 7#ae   
,u4,s4,c4 #de7;a77 under subsection 7a7 
of this section1 the ,commission may    
commence a civil action to recover a    
civil penalty and seek other appropriate
 relief in a district court of the      
,united ,states4  7#b7 ,presumption ,in 
a civil action under paragraph 7#a71 the
 price of an essential good or service  
shall be presumed to be an              
unconscionably excessive price if the   
price charged or offered by the         
defendant during1 or in anticipation of1
 a natural disaster1 pandemic1 or state 
of emergency1 exceeded by #bj percent   
the greater of-- 7,a7 the average price 
charged by the defendant for the        
essential good or service during the    
preceding #fj days before the public    
could reasonably have anticipated the   
natural disaster1 pandemic1 or state of 
emergency2 or  7,b7 the average price at

 which buyers could obtain such good or 
service or similar goods or services in 
the geographic area during the #fj-;day 
period before the date on which the     
public could reasonably have anticipated
 the natural disaster1 pandemic1 or     
state of emergency1  unless the price   
charged by the defendant is attributable
 to price increases in related input    
markets or to additional expenses not   
within the control of the defendant that
 increased the defendant's costs to     
furnish the essential goods or services4
  7#c7 ,civil penalty ,in an action     
under paragraph 7#a71 any person that   
has been found liable for a violation of
 section #e7;a7 of the ,federal ,trade  
,commission ,act 7#ae ,u4,s4,c4 #de7;a77
 under subsection 7a7 of this section   
shall be subject to a civil penalty of  
an amount no greater than #aj1jjj per   
violation4  7#d7 ,rule of construction  
,the civil penalty provided in this     
subsection is in addition to1 and not in
 lieu of1 any other remedies provided by

 ,federal law1 including injunctive     
relief under section #ac7;b7 of the     
,federal ,trade ,commission ,act 7#ae   
,u4,s4,c4 #ec7;b774 ,nothing in this    
paragraph shall be construed to affect  
any authority of the ,commission under  
any other provision of law4  #d4 ,price 
gouging hotline ,the ,commission shall  
establish a telephone hotline and an    
online portal dedicated solely to       
receiving price gouging complaints from 
the public1 which shall be activated in 
anticipation of or during major         
disasters or states of emergency and    
shall remain operational until #abj days
 after the conclusion of such major     
disasters or states of emergency4  #e4  
,no preemption of ,state law ,nothing in
 this ,act preempts any ,state law4