[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3681 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3681

 To amend the Clayton Act to make unlawful price gouging for necessary 
  goods and services during Presidentially declared times of national 
                               disaster.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 7, 2005

    Mr. Conyers (for himself, Mr. Nadler, Mr. Meehan, Mr. Scott of 
  Virginia, Ms. Zoe Lofgren of California, Mr. Delahunt, Ms. Linda T. 
Sanchez of California, Ms. Wasserman Schultz, Ms. Jackson-Lee of Texas, 
 Mr. Thompson of Mississippi, Mr. Jefferson, Mr. Schiff, Mr. Taylor of 
 Mississippi, Mr. Crowley, Mr. Sanders, Mr. Van Hollen, Mr. Case, Ms. 
     Watson, Mr. Capuano, Mr. Boren, Mr. Filner, Mr. Kucinich, Mr. 
McDermott, Ms. McCollum of Minnesota, Mr. Weiner, Mr. George Miller of 
California, Mr. Larson of Connecticut, Mr. Al Green of Texas, Ms. Lee, 
Ms. Kilpatrick of Michigan, Ms. Carson, Mrs. Maloney, Mr. Cleaver, Ms. 
 Roybal-Allard, Mr. Inslee, and Mr. Serrano) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Clayton Act to make unlawful price gouging for necessary 
  goods and services during Presidentially declared times of national 
                               disaster.

    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 ``Anti-Price Gouging Act of 2005''.

SEC. 2. AMENDMENT.

    The Clayton Act (15 U.S.C. 12 et seq.) is amended by adding at the 
end thereof the following:
    ``Sec. 28. (a) During any time of national disaster, it shall be 
unlawful for any person engaged in commerce, in the course of such 
commerce, to sell, lease, or license, or to offer to sell, lease, or 
license, any necessary good or service at an unconscionable price in 
the United States. For purposes of determining whether a price is 
unconscionable, the following shall be considered:
            ``(1) Whether the price charged or offered by the person 
        grossly exceeded both--
                    ``(A) the price charged by the person for the same 
                or a similar good or service during the 10-day period 
                immediately preceding the time of national disaster; 
                and
                    ``(B) the price at which the person usually offers 
                the same or a similar good or service.
            ``(2) Whether the price charged or offered by the person 
        grossly exceeded the price at which the same or a similar good 
        or service was readily obtainable in the relevant trade area 
        during the 10-day period immediately preceding the time of 
        national disaster.
            ``(3) Whether the price charged or offered by the person 
        was attributable solely to an additional cost incurred by the 
        person in connection with the sale, lease, or license of the 
        good or service, including an additional cost imposed by the 
        person's source. Proof that the person incurred such additional 
        cost during the time of national disaster shall be prima facie 
        evidence that the price charged or offered during such time of 
        national disaster was not unconscionable.
            ``(4) Whether the price charged or offered by the person 
        was attributable solely to a regular seasonal or holiday 
        adjustment in the price charged or offered for the good or 
        service. Proof that the person regularly increased the price 
        for the good or service during a similar period occurring in 
        the time of national disaster shall be prima facie evidence 
        that the price charged or offered during such time of national 
        disaster was not unconscionable during such similar period.
    ``(b) For purposes of this section--
            ``(1) the term `necessary good or service' means any good 
        or service for which demand does, or is likely to, increase as 
        a consequence of the national disaster and includes, but is not 
        limited to, water, ice, consumer food items or supplies, 
        property or services for emergency cleanup, emergency supplies, 
        communication supplies and services, medical supplies and 
        services, home heating fuel, building materials and services, 
        tree removal supplies and services, freight, storage services, 
        housing, lodging, transportation, and motor fuels; and
            ``(2) the term `time of national disaster' means the period 
        during which there is in effect a declaration of a major 
        disaster, or a declaration of an emergency, issued by the 
        President under the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5122 et seq.).''.
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