[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1743 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1743

  To authorize the Federal Trade Commission to investigate and assess 
   penalties for price gouging with respect to oil and gas products.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2005

   Mr. Smith introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To authorize the Federal Trade Commission to investigate and assess 
   penalties for price gouging with respect to oil and gas products.

    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 ``Post-Disaster Consumer Protection 
Act of 2005''.

SEC. 2. PRICE GOUGING PROHIBITION FOLLOWING MAJOR DISASTERS.

    (a) Definitions.--In this section:
            (1) Affected area.--The term ``affected area'' means an 
        area affected by a major disaster declared by the President 
        under the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5121 et seq.).
            (2) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (3) Oil or gas products.--The term ``oil or gas products'' 
        means oil, gasoline, diesel, aviation fuel, natural gas, or 
        home heating oil.
            (4) Price gouging.--The term ``price gouging'' means the 
        charging of an unconscionably excessive price by a supplier of 
        an oil or gas product.
            (5) Supplier.--The term ``supplier'' includes a seller, 
        reseller, wholesaler, or distributor of an oil or gas product.
            (6) Unconscionably excessive price.--The term 
        ``unconscionably excessive price'' means a price charged--
                    (A)(i) for an oil or gas product sold in an 
                affected area that represents a gross disparity, as 
                determined by the Commission, between the price charged 
                by a supplier for that product after a major disaster 
                is declared and the average price charged for that 
                product by that supplier in the affected area during 
                the 30-day period immediately before the President 
                declares the existence of the major disaster; or
                    (ii) for an oil or gas product produced in the 
                affected area for sale in interstate commerce that 
                represents a gross disparity, as determined by the 
                Commission, between the price charged by a supplier for 
                that product after a major disaster is declared and the 
                average price charged for that product by that supplier 
                during the 30-day period immediately before the 
                President declares the existence of the major disaster;
                    (B) that is not attributable to increased wholesale 
                or operational costs incurred by the supplier in 
                connection with the provision of the oil or gas product 
                or to international market trends; and
                    (C) that is not attributable to a loss of 
                production or loss of pipeline transmission capability.
    (b) Price Gouging Involving Disaster Victims.--
            (1) Offense.--During the 30-day period following the date 
        on which a major disaster is declared by the President, it 
        shall be unlawful for a supplier to sell, or to offer to sell, 
        any oil or gas product at an unconscionably excessive price as 
        described in subsection (a)(6).
    (c) Unfair or Deceptive Act or Practice.--
            (1) In general.--The provisions of this Act shall be 
        enforced by the Commission under the Federal Trade Commission 
        Act (15 U.S.C. 41 et seq.). A violation of any provision of 
        this Act shall be treated as an unfair or deceptive act or 
        practice violating a rule promulgated under section 18 of the 
        Federal Trade Commission Act (15 U.S.C. 57a).
            (2) Actions by the commission.--The Commission may prevent 
        any person from violating this Act in the same manner, by the 
        same means, and with the same jurisdiction, powers, and duties 
        as though all applicable terms and provisions of the Federal 
        Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated 
        into and made a part of this Act. Any entity that violates any 
        provision of this Act is subject to the penalties and entitled 
        to the privileges and immunities provided in the Federal Trade 
        Commission Act in the same manner, by the same means, and with 
        the same jurisdiction, power, and duties as though all 
        applicable terms and provisions of the Federal Trade Commission 
        Act were incorporated into and made a part of this Act.
    (d) Effect on Other Laws.--Nothing contained in this Act shall be 
construed to limit the authority of the Commission under any other 
provision of law.
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