[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4196 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4196

    To prohibit price gouging after a major disaster, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 31, 2017

 Mr. Pallone introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
    To prohibit price gouging after a major disaster, and for other 
                               purposes.

    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 ``Stop Targeting Americans in Natural 
Disasters with Unconscionable Prices Act of 2017'' or the ``STAND UP 
Act of 2017''.

SEC. 2. PREVENTION OF PRICE GOUGING.

    (a) In General.--During the 180-day period beginning on the date on 
which a major disaster is declared by the President, it shall be 
unlawful for any person to sell or offer for sale a consumer good or 
service in an affected area at a price that--
            (1) is unconscionably excessive; and
            (2) indicates the seller is taking unfair advantage of the 
        circumstances related to a major disaster to increase prices 
        unreasonably.
    (b) Factors for Consideration.--In determining whether a person has 
violated subsection (a), there shall be taken into account, with 
respect to the price at which such person sold or offered for sale the 
consumer good or service, factors that include the following:
            (1) Whether such price grossly exceeds the average price at 
        which the same or a similar consumer good or service was sold 
        or offered for sale by such person in the affected area--
                    (A) during the 90-day period immediately preceding 
                the 180-day period described in such subsection; or
                    (B) during the same 180-day period of the previous 
                year.
            (2) Whether such price grossly exceeds the average price at 
        which the same or a similar consumer good or service was 
        readily obtainable from other similarly situated competing 
        sellers in the affected area during the 180-day period 
        described in such subsection.
            (3) Whether such price reasonably reflects additional 
        costs, not within the control of such person, that were paid, 
        incurred, or reasonably anticipated by such person, or 
        reasonably reflects the profitability of forgone sales or 
        additional risks taken by such person, to produce, distribute, 
        obtain, or sell such consumer good or service under the 
        circumstances.
            (4) Whether such price is substantially attributable to 
        local, regional, national, or international market conditions.

SEC. 3. ENFORCEMENT.

    (a) Enforcement by Federal Trade Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        section 2 shall be treated as a violation of a regulation under 
        section 18(a)(1)(B) of the Federal Trade Commission Act (15 
        U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or 
        practices.
            (2) Powers of commission.--The Commission shall enforce 
        section 2 in the same manner, by the same means, and with the 
        same jurisdiction, powers, and duties as though all applicable 
        terms and provisions of the Federal Trade Commission Act (15 
        U.S.C. 41 et seq.) were incorporated into and made a part of 
        this Act. 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 Act.
    (b) 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 law.
    (c) Enforcement by State Attorneys General.--
            (1) In general.--If the chief law enforcement officer of a 
        State, or an official or agency designated by a State, has 
        reason to believe that any person has violated or is violating 
        section 2, the attorney general, official, or agency of the 
        State, in addition to any authority it may have to bring an 
        action in State court under its consumer protection law, may 
        bring a civil action in any appropriate United States district 
        court or in any other court of competent jurisdiction, 
        including a State court, to--
                    (A) enjoin further such violation by such person;
                    (B) enforce compliance with such section;
                    (C) obtain civil penalties; and
                    (D) obtain damages, restitution, or other 
                compensation on behalf of residents of the State.
            (2) Notice and intervention by the ftc.--The attorney 
        general of a State shall provide prior written notice of any 
        action under paragraph (1) to the Commission and provide the 
        Commission with a copy of the complaint in the action, except 
        in any case in which such prior notice is not feasible, in 
        which case the attorney general shall serve such notice 
        immediately upon instituting such action. The Commission shall 
        have the right--
                    (A) to intervene in the action;
                    (B) upon so intervening, to be heard on all matters 
                arising therein; and
                    (C) to file petitions for appeal.
            (3) Limitation on state action while federal action is 
        pending.--If the Commission has instituted a civil action for 
        violation of this Act, no State attorney general, or official 
        or agency of a State, 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 complaint.
            (4) 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 Act, 
        the attorney general may assert the State-law claim and a claim 
        under this Act in the same civil action.
    (d) Savings Clause.--Nothing in this Act shall preempt or otherwise 
affect any State or local law.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Affected area.--The term ``affected area'' means an 
        area affected by a major disaster declared by the President 
        under the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5121 et seq.).
            (2) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (3) Consumer good or service.--The term ``consumer good or 
        service''--
                    (A) means a good, piece of equipment, or service 
                provided primarily for personal, family, or household 
                purposes, including food, water, ice, a chemical, a 
                building supply, a tool, a petroleum product, 
                residential construction, reconstruction, repair 
                service, or a service for the removal of debris 
                (including a damaged tree) or garbage; and
                    (B) includes a property or a facility rented to a 
                consumer for use as a residence or storage facility.
            (4) Major disaster.--The term ``major disaster'' has the 
        meaning given that term in section 102 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5122).
            (5) State.--The term ``State'' means each of the several 
        States, the District of Columbia, each commonwealth, territory, 
        or possession of the United States, and each federally 
        recognized Indian Tribe.
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