[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3705 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3705

To amend title 18, United States Code, to prohibit price gouging during 
                         national emergencies.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 2005

 Mr. Gerlach introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to prohibit price gouging during 
                         national emergencies.

    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 ``Protection Against Gouging 
Activities Act''.

SEC. 2. PROHIBITION ON PRICE GOUGING DURING NATIONAL EMERGENCY.

    (a) Title 18 Amendment.--Chapter 41 of title 18, United States 
Code, is amended by adding at the end the following:
``Sec. 881. Price gouging during national emergency
    ``(a) Whoever engages in price gouging during a period of national 
emergency shall be fined not more than $5,000 or imprisoned for not 
more than 5 years, or both.
    ``(b) As used in this section--
            ``(1) the term `price gouging' means selling or renting any 
        product, service, dwelling, or facility at a price that grossly 
        exceeds the average price at which the same or similar product, 
        service, dwelling, or facility was obtainable in the same 
        geographic area during the 30-day period immediately preceding 
        the period of national emergency, and the increase in price is 
        not--
                    ``(A) attributable to any reasonable attendant 
                business risk resulting from the national emergency; or
                    ``(B) consistent with national or international 
                market trends; and
            ``(2) the term `period of national emergency' means the 
        period of 90 days immediately following the declaration of an 
        emergency or major disaster as defined in section 102 of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5122).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 41 of title 18, United States Code, is amended by adding at the 
end the following:

``881. Price gouging during national emergency.''.
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