[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3808 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3808

 To amend title 18, United States Code, to provide criminal penalties 
              for price gouging during times of disaster.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2005

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

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to provide criminal penalties 
              for price gouging during times of 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 ``Prohibiting Reprehensible Increases 
in Costs of Essentials (PRICE) Act of 2005''.

SEC. 2. PRICE GOUGING.

    (a) Title 18 Amendment.--Chapter 89 of title 18, United States 
Code, is amended by adding at the end the following:
``Sec. 1822. Price gouging during times of disaster
    ``(a) Whoever engages in price gouging in a time and place of 
disaster shall be fined as provided in subsection (b) or imprisoned one 
year, or both.
    ``(b) The fine for an offense under this section shall be computed 
as follows:
            ``(1) Except as provided in paragraph (2), multiply the 
        amount of the profit made through the offense by the number of 
        days that the price gouging has occurred.
            ``(2) If the gross disparity in prices is 50 percent or 
        more, multiply by 2 the amount calculated in paragraph (1).
    ``(c) It is a defense to a prosecution for a violation of this 
section that the increase in the amount charged is attributable to 
additional costs incurred in connection with the rental or sale of the 
commodity or rental or lease of any dwelling unit or self-storage 
facility, or national or international market trends
    ``(d) As used in this section:
            ``(1) The term `price gouging' means charging a grossly 
        disproportionate price;
            ``(2) The term `time and place of disaster' means a time 
        during which and a place with respect to which the chief 
        executive of a State with respect to a State, or the President 
        with respect to the United States, has declared a disaster to 
        have taken place.
            ``(3) The term `grossly disproportionate' with respect to a 
        price, means there is a gross disparity between the price of 
        the commodity or rental or lease of any dwelling unit or self-
        storage facility that is the subject of the offer or 
        transaction and the average price at which that commodity or 
        dwelling unit or self-storage facility was rented, leased, 
        sold, or offered for rent or sale in the usual course of 
        business during the 30 days immediately prior to the 
        declaration of a state of emergency.
            ``(4) The term `commodity' means any good, service, 
        material, merchandise, supply, equipment, resource, or any 
        article of commerce, and includes gasoline, food, water, ice 
        chemicals, and lumber.
            ``(5) The term `gross disparity' means a 25 percent 
        increase.''.
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