[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6472 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6472

    To prohibit price gouging in connection with the public health 
       emergency resulting from COVID-19, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 7, 2020

 Ms. Schakowsky (for herself, Mr. Pallone, Mr. Cicilline, Mr. Nadler, 
 Mr. Cardenas, and Mr. Lujan) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
    To prohibit price gouging in connection with the public health 
       emergency resulting from COVID-19, 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 ``COVID-19 Price Gouging Prevention 
Act''.

SEC. 2. PREVENTION OF PRICE GOUGING.

    (a) In General.--For the duration of a public health emergency 
declared pursuant to section 319 of the Public Health Service Act (42 
U.S.C. 247d) as a result of confirmed cases of 2019 novel coronavirus 
(COVID-19), including any renewal thereof, it shall be unlawful for any 
person to sell or offer for sale a good or service at a price that--
            (1) is unconscionably excessive; and
            (2) indicates the seller is using the circumstances related 
        to such public health emergency 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 
good or service, factors that include the following:
            (1) Whether such price grossly exceeds the average price at 
        which the same or a similar good or service was sold or offered 
        for sale by such person--
                    (A) during the 90-day period immediately preceding 
                January 31, 2020; or
                    (B) during the same 90-day period of the previous 
                year.
            (2) Whether such price grossly exceeds the average price at 
        which the same or a similar good or service was readily 
        obtainable from other similarly situated competing sellers 
        before January 31, 2020.
            (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 good or service under the circumstances.
    (c) Enforcement.--
            (1) Enforcement by federal trade commission.--
                    (A) Unfair or deceptive acts or practices.--A 
                violation of subsection (a) 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.
                    (B) Powers of commission.--The Commission shall 
                enforce subsection (a) 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 subsection shall be subject to 
                the penalties and entitled to the privileges and 
                immunities provided in the Federal Trade Commission 
                Act.
            (2) Effect on other laws.--Nothing in this Act shall be 
        construed in any way to limit the authority of the Commission 
        under any other provision of law.
            (3) Enforcement by state attorneys general.--
                    (A) 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 subsection (a), 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--
                            (i) enjoin further such violation by such 
                        person;
                            (ii) enforce compliance with such 
                        subsection;
                            (iii) obtain civil penalties; and
                            (iv) obtain damages, restitution, or other 
                        compensation on behalf of residents of the 
                        State.
                    (B) Notice and intervention by the ftc.--The 
                attorney general of a State shall provide prior written 
                notice of any action under subparagraph (A) 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--
                            (i) to intervene in the action;
                            (ii) upon so intervening, to be heard on 
                        all matters arising therein; and
                            (iii) to file petitions for appeal.
                    (C) 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 paragraph 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.
                    (D) 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.
            (4) Savings clause.--Nothing in this Act shall preempt or 
        otherwise affect any State or local law.
    (d) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Good or service.--The term ``good or service'' means a 
        good or service offered in commerce, including--
                    (A) food, beverages, water, ice, a chemical, or a 
                personal hygiene product;
                    (B) any personal protective equipment for 
                protection from or prevention of contagious diseases, 
                filtering facepiece respirators, medical supplies 
                (including medical testing supplies), cleaning 
                supplies, disinfectants, sanitizers; or
                    (C) any healthcare service, cleaning service, or 
                delivery service.
            (3) 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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