I 
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 Representa-
tives 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 com-
mercial 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 de-
scribed 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 prohibi-
tion 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 COMMIS-
SION. 
(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 pre-
scribed 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 Commis-
sion 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 dis-
aster, as defined in section 102(2) of the Robert T. Staf-
ford 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 Com-
mission may consult with the Secretary of Energy in com-
plying 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. 
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