HR4720-119

2. Prohibition on price gouging of certain materials The Defense Production Act of 1950 (50 U.S.C. 4512) is amended— in section 102— by striking In and inserting the following: In by inserting and price gouging after prevent hoarding; by striking accumulate (1) and inserting (1) accumulate; by striking for the purpose of resale at prices in excess of prevailing market prices and inserting sell or offer to sell at prices that grossly exceed prevailing market prices for the same or similar materials or critical goods in the trade area or at an unfairly excessive price; by striking accumulation. and inserting accumulation, or any critical good under an acute shortage.; by inserting scarce after designation of; and by adding at the end the following: A price is an unfairly excessive price if there is a gross disparity in the price of a material or critical good at the time of the transaction and the price of the material or critical good immediately prior to— the effective date of the President designating the material as a scarce material; or the date on which an acute shortage of the critical good begins. A presumptive gross disparity includes a 10 percent increase of price relative to— the effective date of the President designating the material as a scarce material; or the date on which an acute shortage of the critical good begins. Nothing in this subsection shall preclude a price increase that is less than a 10 percent increase of the price of a material or critical good relative to the price on the effective date of the President designating such material as a scarce material, or the date on which an acute shortage begins, from constituting a gross disparity. Notwithstanding paragraphs (1) and (2), a price is not an unfairly excessive price if it is the result of— a legitimate business need of the seller; or additional costs outside the control of the seller. In this section: The term acute shortage means any negative supply impact that is caused by— a disease; a pathogen; a natural disaster; a military conflict; terrorism; supply-chain disruptions; extreme industry consolidation; or any other similar exigent constraint. The term critical good means— any consumer food item, good, or service that is used, bought, or rendered primarily for personal, family, or household purposes; any essential medical or emergency supply or service; any energy resource, including— fuel; electricity; or home heating oil; or any other essential good or service used to promote the health, safety, or welfare of the public. in section 103— by striking Any and inserting the following: Except as described in subsection (b), any by adding at the end the following: Any person who willfully performs any act prohibited by the provisions of section 102 or any rule, regulation, or order thereunder, shall, upon conviction, be fined the greater of $20,000 or 300 percent of the revenue generated in violation of such section. (a)Prohibition on hoarding and price gouging of certain materials or goodsIn; (b) Unfairly excessive price (1) In general A price is an unfairly excessive price if there is a gross disparity in the price of a material or critical good at the time of the transaction and the price of the material or critical good immediately prior to— (A) the effective date of the President designating the material as a scarce material; or (B) the date on which an acute shortage of the critical good begins. (2) Gross disparity (A) Presumptive A presumptive gross disparity includes a 10 percent increase of price relative to— (i) the effective date of the President designating the material as a scarce material; or (ii) the date on which an acute shortage of the critical good begins. (B) Other price increase Nothing in this subsection shall preclude a price increase that is less than a 10 percent increase of the price of a material or critical good relative to the price on the effective date of the President designating such material as a scarce material, or the date on which an acute shortage begins, from constituting a gross disparity. (3) Exception Notwithstanding paragraphs (1) and (2), a price is not an unfairly excessive price if it is the result of— (A) a legitimate business need of the seller; or (B) additional costs outside the control of the seller. (c)DefinitionsIn this section: (1)Acute shortageThe term acute shortage means any negative supply impact that is caused by— (A)a disease; (B)a pathogen; (C)a natural disaster; (D)a military conflict; (E)terrorism; (F)supply-chain disruptions; (G)extreme industry consolidation; or (H)any other similar exigent constraint. (2)Critical goodThe term critical good means— (A)any consumer food item, good, or service that is used, bought, or rendered primarily for personal, family, or household purposes; (B)any essential medical or emergency supply or service; (C)any energy resource, including— (i)fuel; (ii)electricity; or (iii)home heating oil; or (D)any other essential good or service used to promote the health, safety, or welfare of the public. ; and (a)In generalExcept as described in subsection (b), any; and (b)Penalty for violation of section 102Any person who willfully performs any act prohibited by the provisions of section 102 or any rule, regulation, or order thereunder, shall, upon conviction, be fined the greater of $20,000 or 300 percent of the revenue generated in violation of such section..