[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1854 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1854

  To prohibit price gouging for commodities and services sold during 
                     national emergency situations.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 6, 2005

  Mr. Salazar introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To prohibit price gouging for commodities and services sold during 
                     national emergency situations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Treat Emergency Victims Fairly Act 
of 2005''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Price gouging in emergencies, including natural 
        disasters and other emergencies, is reprehensible commercial 
        activity.
            (2) Emergencies place great strains on commercial and 
        consumer relationships in the areas affected.
            (3) Emergencies can strain commercial and consumer 
        relationships in areas beyond those directly damaged or 
        affected by the emergency.
            (4) It is an unfortunate truth that some will try to take 
        advantage of others in emergency situations by price gouging 
        for consumer and other commercial goods or services.
            (5) Price gouging can take place prior to, during, and 
        following natural disasters and other emergencies.
            (6) Price gouging in commercial and consumer settings 
        affects interstate commerce.
            (7) Price gouging--
                    (A) distorts markets without regard to State lines;
                    (B) disturbs and interferes with the flow of 
                commodities and services across State lines; and
                    (C) creates or exacerbates shortages and 
                interruptions of supplies of materials across State 
                lines.
            (8) It is in the interest of the United States to prohibit 
        and deter price gouging.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Emergency.--The term ``emergency'' means a natural 
        disaster or other circumstance or event that is formally 
        declared to be an emergency by Federal or State authorities. An 
        emergency may be associated with a designated area.
            (2) Goods or services.--The term ``goods or services'' 
        means goods or services of any type, including food, 
        transportation, housing, and energy supplies.
            (3) Person.--The term ``person'' means a natural person, 
        corporation, governmental body, or other entity.
            (4) Price gouging.--
                    (A) In general.--The term ``price gouging'' means 
                charging an unreasonable and unconscionable price for a 
                good or service immediately prior to, during, or 
                following an emergency.
                    (B) Presumption.--
                            (i) Affirmative.--A price for a good or 
                        service is presumed to be unreasonable and 
                        unconscionable--
                                    (I) in the designated area of an 
                                emergency if it reflects a price 
                                increase at least 10 percent greater 
                                than the average price for the good or 
                                service charged by the seller in the 
                                designated area during the 30 days 
                                prior to the formal declaration of the 
                                emergency; and
                                    (II) outside the designated area of 
                                an emergency if the price is affected 
                                by the emergency and if the price 
                                reflects a price increase at least 10 
                                percent greater than the average price 
                                for the good or service charged by the 
                                seller in the area of the sale during 
                                the 30 days prior to the formal 
                                declaration of an emergency.
                        For purposes of subclause (II), a price is 
                        presumed to be affected by the emergency if, 
                        within 30 days following the declaration of the 
                        emergency, the price is at least 25 percent 
                        greater than the average price for the good or 
                        service charged by the seller in the area of 
                        the sale during the 30 days prior to the formal 
                        declaration of the emergency.
                            (ii) Negative.--A price for a good or 
                        service is not unreasonable and unconscionable 
                        if it reflects only the cost of the good or 
                        service to the seller prior to the emergency, 
                        the average profit margin of the seller during 
                        the 30 days prior to the formal declaration of 
                        an emergency, and the increased costs actually 
                        incurred by the seller to sell the good or 
                        service during or following the emergency.

SEC. 4. CAUSE OF ACTION.

    (a) In General.--It shall be unlawful for any seller of goods or 
services to engage in price gouging.
    (b) Litigation.--A cause of action under this section may be 
brought--
            (1) in Federal or State court; and
            (2) by the Federal Government, through the Attorney 
        General, or a State Government acting through its attorney 
        general.
    (c) Venue and Procedure.--
            (1) Federal court.--An action in Federal court under this 
        section may be brought in any court whose jurisdiction 
        includes--
                    (A) the geographic area in which price gouging is 
                alleged to have occurred; or
                    (B) the State which is a plaintiff in the action.
            (2) State court.--An action in State court under this 
        section shall conform to State rules of procedure.
    (d) Expedited Federal Consideration.--An action under this section 
in Federal court shall receive expedited review.
    (e) Investigations.--
            (1) In general.--During the course of an investigation 
        under this section by the Attorney General of the United States 
        or a State attorney general, whether prior to filing an action 
        or during such an action, the investigating attorney general 
        may--
                    (A) order any person to file a statement, report in 
                writing, or answer questions in writing, under oath or 
                otherwise, concerning facts or circumstances reasonably 
                related to alleged price gouging;
                    (B) order any person to provide data or information 
                the attorney general reasonably deems to be necessary 
                to an investigation; and
                    (C) issue subpoenas to require the attendance of 
                witnesses or the production of relevant documents, 
                administer oaths, and conduct hearings in aid of the 
                investigation.
            (2) Enforcement.--A subpoena issued under this subsection 
        may be enforced in Federal or State court.
            (3) Penalty.--Failure to comply with an order or subpoena 
        under this subsection is subject to a civil penalty of up to 
        $10,000.
    (f) Limitation.--An action under this section shall be brought not 
later than 3 years of the date of the sale of the goods or services at 
issue.

SEC. 5. DAMAGES AND PENALTIES.

    (a) In General.--A prevailing plaintiff shall be entitled to--
            (1) plaintiff's damages incurred as a result of the price 
        gouging, including without limitation a refund of all prices 
        paid by the plaintiff in excess of conscionable and reasonable 
        prices;
            (2) injunctive relief prohibiting the defendant from price 
        gouging or mandating action; and
            (3) attorneys fees and costs incurred by the plaintiff.
    (b) Restitution.--The Attorney General of the United States and a 
State attorney general, in an action brought on behalf of the citizens 
of the United States or a State, respectively, may recover restitution 
or disgorgement of excess profits on behalf of those citizens.
    (c) Civil Penalties.--
            (1) In general.--A person who violates section 4(a) shall 
        be subject to civil penalties of up to $10,000 per incident.
            (2) Disposition of penalties.--Civil penalties collected 
        through an action by the United States Attorney General shall 
        be deposited in the United States Treasury. Civil penalties 
        collected through an action by an attorney general of a State 
        shall be deposited in the State's treasury. The court may 
        apportion the deposit of civil penalties as appropriate in the 
        circumstances.

SEC. 6. ATTORNEY GENERAL AUTHORITIES.

    The Attorney General of the United States shall--
            (1) provide assistance to and cooperate with the States in 
        State investigations of price gouging and in State litigation 
        brought under this Act;
            (2) create and disseminate guidelines designed to assist 
        the public to recognize and report price gouging and establish 
        a system to gather and disseminate information about instances 
        of reported price gouging; and
            (3) provide grants to offices of the State attorneys 
        general of not greater than $50,000 in order to support the 
        pursuit of price gouging investigations and other activities.

SEC. 7. SAVINGS PROVISION.

    This Act shall not preempt or otherwise affect any State or local 
law.
                                 <all>