I 
110TH CONGRESS 
1ST SESSION H. R. 2492 
To protect the welfare of consumers by prohibiting price gouging with respect 
to road transportation fuel or domestic heating fuel during certain abnor-
mal market disruptions. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 24, 2007 
Mr. UPTON (for himself, Mr. BLUNT, Mr. ADERHOLT, Mr. SHIMKUS, Mr. 
ROSKAM, Mr. CAMP of Michigan, Mr. ENGLISH of Pennsylvania, Mr. 
PICKERING, Mr. HALL of Texas, Mr. KIRK, Mr. TERRY, and Mr. WAL-
DEN of Oregon) introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committee 
on Armed Services, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To protect the welfare of consumers by prohibiting price 
gouging with respect to road transportation fuel or do-
mestic heating fuel during certain abnormal market dis-
ruptions. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘The Motorist’s Bill 
of Rights: Increasing Gas Supply, Reducing Demand, and 
Protecting Consumers from Gouging’’. 
TITLE I—PROTECTION OF CON-
SUMERS 
AGAINST 
PRICE 
GOUGING 
SEC. 101. PROTECTION OF CONSUMERS AGAINST PRICE 
GOUGING. 
(a) CONDUCT PROHIBITED.—It shall be unlawful for 
any supplier to increase the price at which that supplier 
sells, or offers to sell, road transportation fuel or domestic 
heating fuel in an area covered by a Presidential procla-
mation issued under section 102 by an unconscionable 
amount during the period beginning on the date the proc-
lamation is issued and ending on the date specified in the 
proclamation. 
(b) JUSTIFIABLE PRICE INCREASES.— 
(1) IN
GENERAL.—The prohibition in sub-
section (a) shall not apply to the extent that the in-
crease in the price of the road transportation fuel or 
domestic heating fuel is substantially attributable 
to— 
(A) an increase in the wholesale cost of 
road transportation fuel or domestic heating 
fuel to a retail seller or reseller; 
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(B) an increase in the replacement costs 
for road transportation fuel or domestic heating 
fuel sold; 
(C) an increase in operational costs; or 
(D) local, regional, national, or inter-
national market conditions. 
(2) OTHER
MITIGATING
FACTORS.—In deter-
mining whether a violation of this section has oc-
curred, there also shall be taken into account, 
among other factors, the price that would reasonably 
equate supply and demand in a competitive and free-
ly functioning market and whether the price at 
which the road transportation fuel or domestic heat-
ing fuel was sold reasonably reflects other additional 
costs or risks, not within the control of the seller, 
that were paid or incurred by the seller. 
SEC. 102. ENERGY EMERGENCY PROCLAMATIONS AND OR-
DERS. 
(a) SCOPE
AND DURATION.—The President may 
issue an energy emergency proclamation when an abnor-
mal market disruption has occurred or is reasonably ex-
pected to occur. The emergency proclamation shall specify 
with particularity— 
(1) the period for which the proclamation ap-
plies; 
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