109TH CONGRESS 
1ST SESSION H. R. 3681 
To amend the Clayton Act to make unlawful price gouging for necessary 
goods and services during Presidentially declared times of national disaster. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 7, 2005 
Mr. CONYERS (for himself, Mr. NADLER, Mr. MEEHAN, Mr. SCOTT of Vir-
ginia, Ms. ZOE LOFGREN of California, Mr. DELAHUNT, Ms. LINDA T. 
SA´NCHEZ of California, Ms. WASSERMAN SCHULTZ, Ms. JACKSON-LEE of 
Texas, Mr. THOMPSON of Mississippi, Mr. JEFFERSON, Mr. SCHIFF, Mr. 
TAYLOR of Mississippi, Mr. CROWLEY, Mr. SANDERS, Mr. VAN HOLLEN, 
Mr. CASE, Ms. WATSON, Mr. CAPUANO, Mr. BOREN, Mr. FILNER, Mr. 
KUCINICH, Mr. MCDERMOTT, Ms. MCCOLLUM
of Minnesota, Mr. 
WEINER, Mr. GEORGE MILLER of California, Mr. LARSON of Con-
necticut, Mr. AL GREEN of Texas, Ms. LEE, Ms. KILPATRICK of Michi-
gan, Ms. CARSON, Mrs. MALONEY, Mr. CLEAVER, Ms. ROYBAL-ALLARD, 
Mr. INSLEE, and Mr. SERRANO) introduced the following bill; which was 
referred to the Committee on the Judiciary 
A BILL 
To amend the Clayton Act to make unlawful price gouging 
for necessary goods and services during Presidentially 
declared times of national disaster. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Anti-Price Gouging 
Act of 2005’’.
SEC. 2. AMENDMENT. 
The Clayton Act (15 U.S.C. 12 et seq.) is amended 
by adding at the end thereof the following: 
‘‘SEC. 28. (a) During any time of national disaster, 
it shall be unlawful for any person engaged in commerce, 
in the course of such commerce, to sell, lease, or license, 
or to offer to sell, lease, or license, any necessary good 
or service at an unconscionable price in the United States. 
For purposes of determining whether a price is uncon-
scionable, the following shall be considered: 
‘‘(1) Whether the price charged or offered by 
the person grossly exceeded both— 
‘‘(A) the price charged by the person for 
the same or a similar good or service during the 
10-day period immediately preceding the time 
of national disaster; and 
‘‘(B) the price at which the person usually 
offers the same or a similar good or service. 
‘‘(2) Whether the price charged or offered by 
the person grossly exceeded the price at which the 
same or a similar good or service was readily obtain-
able in the relevant trade area during the 10-day pe-
riod immediately preceding the time of national dis-
aster. 
‘‘(3) Whether the price charged or offered by 
the person was attributable solely to an additional
cost incurred by the person in connection with the 
sale, lease, or license of the good or service, includ-
ing an additional cost imposed by the person’s 
source. Proof that the person incurred such addi-
tional cost during the time of national disaster shall 
be prima facie evidence that the price charged or of-
fered during such time of national disaster was not 
unconscionable. 
‘‘(4) Whether the price charged or offered by 
the person was attributable solely to a regular sea-
sonal or holiday adjustment in the price charged or 
offered for the good or service. Proof that the person 
regularly increased the price for the good or service 
during a similar period occurring in the time of na-
tional disaster shall be prima facie evidence that the 
price charged or offered during such time of national 
disaster was not unconscionable during such similar 
period. 
‘‘(b) For purposes of this section— 
‘‘(1) the term ‘necessary good or service’ means 
any good or service for which demand does, or is 
likely to, increase as a consequence of the national 
disaster and includes, but is not limited to, water, 
ice, consumer food items or supplies, property or 
services for emergency cleanup, emergency supplies,
communication supplies and services, medical sup-
plies and services, home heating fuel, building mate-
rials and services, tree removal supplies and services, 
freight, storage services, housing, lodging, transpor-
tation, and motor fuels; and 
‘‘(2) the term ‘time of national disaster’ means 
the period during which there is in effect a declara-
tion of a major disaster, or a declaration of an emer-
gency, issued by the President under the Robert T. 
Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5122 et seq.).’’. 
Æ