To prevent gas and oil gouging during natural disasters.

1. Adds TITLE __--NATURAL DISASTER OIL AND GAS PRICE GOUGING PREVENTION ACT OF 2005 at the end of the bill

   Adds a title

   In H.R. 3058 · Reported to Senate

   (b) Use of Public-Private Competition.--Nothing in Office of Management and Budget Circular A-76 shall prevent the head of an executive agency from conducting a public-private competition to evaluate the benefits of converting work from contract performance to performance by Federal employees in appropriate instances. The Circular shall provide procedures and policies for these competitions that are similar to those applied to competitions that may result in the conversion of work from performance by Federal employees to performance by a contractor. This Act may be cited as the "Transportation, Treasury, the Judiciary, Housing and Urban Development, and Related Agencies Appropriations Act, 2006".

   Inserted: TITLE __--NATURAL DISASTER OIL AND GAS PRICE GOUGING PREVENTION ACT OF 2005

   Inserted: SEC. _01. SHORT TITLE.

   Inserted: This title may be cited as the "Natural Disaster Oil and Gas Price Gouging Prevention Act of 2005".

   Inserted: SEC. _02. DEFINITIONS.

   Inserted: In this title:

   Inserted: (1) Commission.--The term "Commission" means the Federal Trade Commission.

   Inserted: (2) Qualifying natural disaster declaration.--The term "qualifying natural disaster declaration" means--

   Inserted: (A) a natural disaster declared by the Secretary under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)); or

   Inserted: (B) a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

   Inserted: SEC. _03. RESTRICTION ON PRICE GOUGING.

   Inserted: (a) Restrictions.--It shall be unlawful in the United States during the period of a qualifying natural disaster declaration in the United States to increase the price of any oil or gas product more than 15 percent above the price of that product immediately prior to the declaration unless the increase in the amount charged is attributable to additional costs incurred by the seller or national or international market trends.

   Inserted: (b) Enforcement.--

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   Inserted: (1) Enforcement powers.--

   Inserted: (A) In general.--The Commission shall enforce this section as part of its duties under the Federal Trade Commission Act (15 U.S.C. 41 et seq.).

   Inserted: (B) Reporting of violations.--For purposes of the enforcement of this section, the Commission shall establish procedures to permit the reporting of violations of this section to the Commission, including appropriate links on the Internet website of the Commission and the use of a toll-free telephone number for such purposes.

   Inserted: (2) Penalty.--

   Inserted: (A) Criminal penalty.--A violation of this section shall be deemed a felony and a person, upon conviction of a violation of this section, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding 3 years, or both.

   Inserted: (B) Civil penalty.--The Commission may impose a civil penalty not to exceed $5,000 for each violation of this section. For purposes of this subparagraph, each day of violation shall constitute a separate offense. Civil penalties under this subparagraph shall not exceed amounts provided in subparagraph (A).

   Inserted: (c) Action by State Attorney General.--The attorney general of a State may bring a civil action for a violation of this section pursuant to section 4C of the Clayton Act (15 U.S.C. 15c).

   Original wording

   At the end of the bill, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed