,,ii #aafth ,,congress #b;d ,session ,s4 #cfdg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #g1 #bjbj,mr4 ,booker introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to prohibit price gouging for necessary products during federally declared national emergencies or disasters4 #a4 ,short title ,this ,act may be cited as the ,prevent ,emergency and ,disaster ,profiteering ,act of #bjbj4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,emergency ,management ,agency4 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,emergency period2 emergency area ,an emergency period is the period during which1 and an emergency area is a geographical area in which1 there exists-- 7,a7 a major disaster declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj72 7,b7 an emergency declared by the ,president under section #eja of such ,act 7#db ,u4,s4,c4 #eaia72 or 7,c7 a public health emergency declared by the ,secretary pursuant to section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d74 7#d7 ,price gouging ,the term price gouging means the sale of a good or service at an unconscionably excessive price by a person during an emergency period and in an emergency area4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#f7 ,unconscionably excessive price 7,a7 ,in general ,the term unconscionably excessive price means1 with respect to a good or service sold or offered for sale by a person1 a price that exceeds1 by a margin that is greater than the allowable margin determined by the ,administrator or the ,secretary 7as applicable7 for the good or service under section #c1 the average price at which the good or service was sold by the person during the #ij-;day period prior to the date on which an emergency or disaster described in paragraph 7#b7 is declared4 7,b7 ,exception ,such term shall not include any price for a good or service that is increased beyond the margin described in subparagraph 7,a7 if such increased price is directly attributable to an appreciable increase in the cost of acquiring1 producing1 selling1 transporting1 or delivering the good or service1 or is otherwise justified by circumstances outside of the control of the seller1 as determined by the ,administrator or the ,secretary 7as applicable74 #c4 ,preventing price gouging during federally declared emergencies 7a7 ,in general ,during an emergency period and in an emergency area1 it shall be unlawful for any person to engage in price gouging with respect to a necessary good or service covered by a list published by the ,administrator under subsection 7b77#a7 or by the ,secretary under subsection 7b77#b74 7b7 ,necessary goods and services lists 7#a7 ,presidentially declared emergencies ,in the case of an emergency that is described in subparagraph 7,a7 or 7,b7 of section #b7c73 7,a7 ,the ,administrator1 in consultation with the ,secretary1 may publish on the internet website of the ,federal ,emergency ,management ,agency a list with respect to an emergency area during an emergency period to designate the goods and services to which the prohibition described in subsection 7a7 shall apply4 7,b7 ,the ,administrator1 in consultation with the ,secretary1 may update any list published under subparagraph 7,a7 to remove a good or service from the list or add a good or service to the list1 but the prohibition described in subsection 7a7 shall not apply to a good or service before the date on which good or service is added to the list4 7,c7 ,for any good or service included in a list under this paragraph1 the ,administrator shall specify the allowable margin by which the price at which a person sells or offers for sale such good or service may exceed the average price at which the good or service was sold or offered by the person during the #ij-;day period prior to the date on which the emergency or disaster involved was declared4 7#b7 ,public health emergency ,in the case of an emergency described in section #b7c77;,c73 7,a7 ,the ,secretary may publish on the internet website of the ,department of ,health and ,human ,services a list with respect to an emergency area during an emergency period to designate the goods and services to which the prohibition described in subsection 7a7 shall apply4 7,b7 ,the ,secretary may update any list published under subparagraph 7,a7 to remove a good or service from the list or add a good or service to the list1 but the prohibition described in subsection 7a7 shall not apply to a good or service before the date on which good or service is added to the list4 7,c7 ,for any good or service included in a list under this paragraph1 the ,secretary shall specify the allowable margin by which the price at which a person sells or offers for sale such good or service may exceed the average price at which the good or service was sold or offered by the person during the #ij-;day period prior to the date on which the emergency or disaster involved was declared4 7c7 ,duration of prohibition ,the prohibition described in subsection 7a7 shall apply to a good or service that is included on a list published by the ,administrator or the ,secretary 7as applicable7 under subsection 7b7-- 7#a7 beginning with the first day that the good or service is included on such a list2 and 7#b7 ending with the earlier of-- 7,a7 the last day that the good or service is included on such a list2 and 7,b7 the last day of every emergency period relating to a list on which the good or service is included4 #d4 ,enforcement 7a7 ,enforcement by ,federal ,trade ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of section #c 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 section #c 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 section shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act4 7b7 ,effect on other laws ,nothing in this ,act shall be construed in any way to limit or affect the authority of the ,commission under any other provision of law4 7c7 ,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 section #c1 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-- 7,a7 enjoin further such violation by such person2 7,b7 enforce compliance with such section2 7,c7 obtain civil penalties2 and 7,d7 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 paragraph 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-- 7,a7 to intervene in the action2 7,b7 upon so intervening1 to be heard on all matters arising therein2 and 7,c7 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 subsection 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 7d7 ,savings clause ,nothing in this ,act shall preempt or otherwise affect any ,state or local law4