[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3782 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3782

To prohibit price gouging of gasoline and diesel fuel in areas declared 
                            major disasters.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2005

  Mrs. Wilson of New Mexico (for herself, Mr. Rogers of Michigan, Mr. 
 Moore of Kansas, Mr. Bradley of New Hampshire, Mr. Brown of Ohio, Mr. 
   Simmons, Mr. Crowley, Mrs. McCarthy, Ms. Bean, Mr. Chandler, Mr. 
 Spratt, Mr. Boehlert, and Mr. Fitzpatrick of Pennsylvania) introduced 
 the following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
To prohibit price gouging of gasoline and diesel fuel in areas declared 
                            major disasters.

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

SEC. 2. PRICE GOUGING PROHIBITED.

    (a) In General.--It shall be unlawful for any commercial vendor in 
an area and during a period described in subsection (b) to sell 
gasoline or diesel fuel at a price that represents a 10 percent or 
greater increase from the average price of gasoline or diesel fuel 
prevailing in the area during the 30-day period preceding the 
designation described in subsection (b), if such increase is not--
            (1) attributable to any reasonable additional cost incurred 
        attendant to the major disaster described in subsection (b), 
        including replacement costs, taxes, transportation costs 
        incurred by the vendor, and costs imposed by the vendor's 
        source; or
            (2) consistent with national or international market 
        trends.
    (b) Applicable Area and Period.--The prohibition in subsection (a) 
shall apply to commercial vendors in areas in the United States which 
have been declared a major disaster as defined in section 102(2) of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122(2)), or designated a disaster area by the Governor of a 
State. Such prohibition shall apply for 90 days after such declaration 
or designation is made.

SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.

    (a) Unfair and Deceptive Act or Practice.--A violation of section 2 
shall be treated as a violation of a rule defining an unfair or 
deceptive act or practice prescribed under section 18(a)(1)(B) of the 
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
    (b) Enforcement.--The Federal Trade Commission shall enforce this 
Act in the same manner, by the same means, and with the same 
jurisdiction as though all applicable terms and provisions of the 
Federal Trade Commission Act were incorporated into and made a part of 
this Act.

SEC. 4. AVERAGE GASOLINE PRICE ON FTC WEBSITE.

    Within 5 days following a declaration of a major disaster, as 
defined in section 102(2) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5122(2)), the Federal Trade 
Commission shall post on its Internet website the average prices of 
gasoline and diesel fuel in the area declared a major disaster for the 
30-day period preceding such declaration. The Commission may consult 
with the Secretary of Energy in complying with the requirements of this 
section.

SEC. 5. EFFECT ON OTHER LAWS.

    Nothing in this Act annuls, alters, or affects in any manner the 
meaning, scope, or applicability of the laws of any State or 
subdivision of a State relating to price gouging, except to the extent 
those laws are inconsistent with the provisions of this Act, and then 
only to the extent of the inconsistency.
                                 <all>