,,ii #aafth ,,congress #b;d ,session ,s4 #chec ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #a1 #bjbj,ms4 ,warren 7for herself and ,ms4 ,harris7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,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 ,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 emergency1 state of emergency1 or public health 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 period and in a covered geographical area1 it shall be unlawful for a seller to sell or offer for sale a consumer good at an excessive or opportunistic price4 7b7 ,presumption of excessive or opportunistic price 7#a7 ,in general ,a seller shall be presumed to be in violation of subsection 7a7 if1 during an emergency period and in a covered geographical area1 the seller sells or offers for sale a consumer good at a price that exceeds by more than #aj percent either-- 7,a7 the average price at which the consumer good was sold or offered for sale by all sellers in such area during the #abj-;day period preceding such emergency period2 or 7,b7 the average price at which the consumer good was sold or offered for sale by the seller involved during the #abj-;day period preceding such emergency period4 7#b7 ,rebuttal ,a seller may rebut a presumption under paragraph 7#a7 if the seller demonstrates by clear and convincing evidence that the increase in price of the consumer good involved is directly attributable to additional costs paid by the seller in procuring1 acquiring1 or providing the consumer during the emergency period4 7c7 ,enforcement 7#a7 ,enforcement by ,federal ,trade ,commission 7,a7 ,unfair or deceptive acts or practices ,a violation of this section 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 this section 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 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 provision of law or to limit the application of any other ,federal or ,state law4 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 this section1 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 ,state 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 section2 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 subparagraph 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 ,with respect to an action described in subparagraph 7,a71 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 7d7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,consumer good ,the term consumer good a good offered in commerce1 including-- 7,a7 food1 water1 ice1 flashlights1 radios1 batteries1 candles1 blankets1 soaps1 diapers1 toiletries1 gasoline1 generator1 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 disaster or emergency described in paragraph 7#c77;,a74 7#c7 ,emergency period2 covered geographical area 7,a7 ,in general ,subject to subparagraph 7,b71 an emergency period is the period during which1 and a covered geographical area is a geographical area in which1 there exists-- 7i7 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 or 7ii7 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,b7 ,rule of application ,for purposes of subparagraph 7,a7-- 7i7 an emergency period with respect to a disaster or emergency declaration described in such subparagraph shall include the #cj-;day period following the last day that such disaster or emergency declaration is in effect2 and 7ii7 a geographical area in which there exists a disaster or emergency described in subparagraph 7,a7 shall be considered to be a covered geographical area through the end of the period described in clause 7i74 7#d7 ,seller ,the term seller means1 with respect to a consumer good1 any person selling or offering for sale such consumer good4