[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7688 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7688
To protect consumers from price-gouging of consumer fuels, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 6, 2022
Ms. Schrier (for herself and Ms. Porter) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committee on Education and Labor, 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 consumers from price-gouging of consumer fuels, and for
other purposes.
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 ``Consumer Fuel Price Gouging
Prevention Act''.
SEC. 2. UNCONSCIONABLE PRICING OF CONSUMER FUELS DURING EMERGENCIES.
(a) Unconscionable Pricing.--
(1) In general.--It shall be unlawful for any person to
sell a consumer fuel, at wholesale or retail, in an area and
during a period of an energy emergency covered by a
proclamation issued under paragraph (2) at a price that--
(A) is unconscionably excessive; and
(B) indicates the seller is exploiting the
circumstances related to an energy emergency to
increase prices unreasonably.
(2) Energy emergency proclamation.--
(A) In general.--The President may issue an energy
emergency proclamation for any area within the
jurisdiction of the United States, during which the
prohibition in paragraph (1) shall apply, that includes
the geographic area covered, the consumer fuel covered,
and the time period that such proclamation shall be in
effect.
(B) Duration.--The proclamation--
(i) may not apply for a period of more than
30 consecutive days, but may be renewed for
such consecutive periods, each not to exceed 30
days, as the President determines appropriate;
and
(ii) may include a period of time not to
exceed 1 week before a reasonably foreseeable
emergency.
(3) Factors considered.--
(A) In general.--In determining whether a person
has violated paragraph (1), there shall be taken into
account, among other factors, the aggravating factors
described in subparagraph (B) and the mitigating factor
described in subparagraph (C).
(B) Aggravating factors.--The aggravating factors
described in this subparagraph are the following:
(i) Whether the amount charged by such
person grossly exceeds the average price at
which the consumer fuel was offered for sale by
such person during--
(I) the 30-day period before the
date on which the proclamation was
issued; or
(II) another appropriate benchmark
period, as determined by the
Commission.
(ii) Whether the amount charged by such
person grossly exceeds the price at which the
same or a similar consumer fuel was readily
obtainable in the same area from other sellers
during the energy emergency period.
(C) Mitigating factor.--The mitigating factor
described in this subparagraph is whether the quantity
of any consumer fuel such person produced, distributed,
or sold in an area covered by the proclamation during
the 30-day period following the date on which the
proclamation was issued increased over the quantity
such person produced, distributed, or sold during the
30-day period before the date on which the proclamation
was issued, taking into account any usual seasonal
demand variation.
(b) Affirmative Defense.--It shall be an affirmative defense in any
civil action or administrative action to enforce subsection (a), with
respect to the sale, at wholesale or retail, of a consumer fuel by a
person, that the increase in the price of such consumer fuel reasonably
reflects additional costs that were paid, incurred, or reasonably
anticipated by such person, or reasonably reflects additional risks
taken by such person, to produce, distribute, obtain, or sell such
consumer fuel under the circumstances.
(c) Rule of Construction.--This section may not be construed to
cover a transaction on a futures market.
(d) Enforcement.--
(1) Federal trade commission.--A violation of subsection
(a) shall be treated as a violation of a rule defining an
unfair or deceptive act or practice prescribed under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)). The Federal Trade Commission shall enforce this
section 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 were
incorporated into and made a part of this section. In enforcing
subsection (a), the Commission shall give priority to
enforcement actions concerning companies with total United
States wholesale or retail sales of consumer fuels in excess of
$500,000,000 per year.
(2) Enforcement at retail level by state attorneys
general.--
(A) In general.--If the chief law enforcement
officer of a State, or an official or agency designated
by a State, has reason to believe that any person has
violated or is violating subsection (a) involving a
retail sale, the attorney general, official, or agency
of the State, in addition to any authority it may have
to bring an action in State court under its laws, may
bring a civil action in any appropriate United States
district court or in any other court of competent
jurisdiction to--
(i) enjoin further such violation by such
person;
(ii) enforce compliance with such
subsection;
(iii) obtain civil penalties; and
(iv) obtain damages, restitution, or other
compensation on behalf of residents of the
State.
(B) Notice.--The State shall serve written notice
to the Commission of any civil action under
subparagraph (A) before initiating such civil action.
The notice shall include a copy of the complaint to be
filed to initiate such civil action, except that if it
is not feasible for the State to provide such prior
notice, the State shall provide such notice immediately
upon instituting such civil action.
(C) Authority to intervene.--Upon receipt of the
notice required by subparagraph (B), the Commission may
intervene in such civil action and upon intervening--
(i) be heard on all matters arising in such
civil action; and
(ii) file petitions for appeal of a
decision in such civil action.
(D) Construction.--For purposes of bringing any
civil action under subparagraph (A), nothing in this
paragraph shall prevent the attorney general of a State
from exercising the powers conferred on the attorney
general by the laws of such State to conduct
investigations or to administer oaths or affirmations
or to compel the attendance of witnesses or the
production of documentary and other evidence.
(E) Limitation on state action while federal action
is pending.--If the Commission has instituted a civil
action or an administrative action for violation of
subsection (a), a State attorney general, or official
or agency of a State, may not bring an action under
this paragraph during the pendency of that action
against any defendant named in the complaint of the
Commission or another agency for any violation of this
Act alleged in the complaint.
(F) Rule of construction.--This paragraph may not
be construed to prohibit an authorized State official
from proceeding in State court to enforce a civil or
criminal statute of such State.
(e) Low Income Energy Assistance.--
(1) Deposit of funds.--Amounts collected in any penalty
under subsection (d)(1) shall be deposited in a separate fund
in the Treasury to be known as the Consumer Relief Trust Fund.
(2) Use of funds.--To the extent provided for in advance in
appropriations Acts, the amounts deposited into the fund shall
be used to provide assistance under the Low Income Home Energy
Assistance Program described in section 2602 of the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8621)
administered by the Secretary of Health and Human Services and
the Weatherization Assistance Program established under part A
of title IV of the Energy Conservation and Production Act (42
U.S.C. 6861 et seq.) administered by the Secretary of Energy.
(f) Effect on Other Laws.--
(1) Other authority of commission.--Nothing in this section
may be construed to limit the authority of the Commission under
the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any
other provision of law.
(2) State law.--Nothing in this section preempts any State
law.
(g) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Consumer fuel.--The term ``consumer fuel'' includes
gasoline, distillate fuel oil, jet fuel, liquid propane,
aviation gasoline, compressed natural gas, and biofuel
(including ethanol, biomass-based diesel, and renewable
blending components) used for transportation fuels, and home
heating oil and liquid propane used for residential heating or
residential energy generation.
(3) Retail.--The term ``retail'', with respect to the sale
of a consumer fuel, includes all sales to end users such as
motorists as well as all direct sales to other end users such
as agriculture, industry, residential, and commercial
consumers.
(4) Wholesale.--The term ``wholesale'', with respect to the
sale of a consumer fuel, means sale to any person for resale.
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