[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8698 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8698
To protect consumers from gasoline and fuel price gouging, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 7, 2026
Ms. McDonald Rivet (for herself and Ms. Schrier) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Education and Workforce,
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 gasoline and fuel price gouging, 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 ``Lower Prices at the Pump Act''.
SEC. 2. PROHIBITION ON EXCESSIVE PRICING OF GASOLINE AND FUELS DUE TO
CONFLICT WITH IRAN.
(a) Prohibition.--No person may sell or offer for sale at wholesale
or at retail, and during a period of time defined under subsection (b),
gasoline or any other petroleum distillate at a price that--
(1) is unconscionably excessive; and
(2) indicates such person is taking unfair advantage of the
circumstances related to such period described under subsection
(b) to increase prices unreasonably.
(b) Period of Time.--The period of time described in this
subsection begins on the date of the enactment of this Act and ends on
the date on which the President, in consultation with the Speaker of
the House of Representatives, the Majority Leader of the Senate, the
Minority Leader of the House of Representatives, and the Minority
Leader of the Senate--
(1) declares that military operations against Iran which
began in March 2026 have ceased indefinitely; and
(2) determines and certifies to Congress that the Strait of
Hormuz is fully open and global shipping through the Strait has
resumed.
(c) Factors Considered.--In determining whether a person has
violated subsection (a), the following factors shall be considered:
(1) Whether the price charged by such person for the
gasoline or other petroleum distillate at a particular location
in the United States meets any of the following
characteristics:
(A) Grossly exceeds the average price at which such
gasoline or other petroleum distillate was offered for
sale by the person during the 30-day period prior to
February 28, 2026.
(B) Grossly exceeds the price at which the same or
similar gasoline or other petroleum distillate was
readily obtainable in such location from competing
sellers during such period.
(C) Reasonably reflects--
(i) additional costs not within the control
of the person that were paid, incurred, or
reasonably anticipated by the person; or
(ii) additional risks taken by the person
to produce, distribute, obtain, or sell the
relevant gasoline or other petroleum distillate
under the circumstances.
(D) Is substantially attributable to local,
regional, national, or international market conditions.
(2) Whether the quantity of gasoline or other petroleum
distillate the person produced, distributed, or sold at a
particular location in the United States increased over the
quantity that the person produced, distributed, or sold during
the 30-day period prior to February 28, 2026, in such location.
SEC. 3. ENFORCEMENT.
(a) Enforcement by Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
section 2(a) shall be treated as a violation of a regulation
under section 18(a)(1)(B) of the Federal Trade Commission Act
(15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or
practices.
(2) Powers of commission.--The Commission shall enforce
section 2(a) 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 (15 U.S.C. 41 et seq.) were incorporated into and made a
part of this Act, and any person who violates such section
shall be subject to the penalties and entitled to the
privileges and immunities provided in the Federal Trade
Commission Act.
(b) Actions by States.--
(1) In general.--In any case in which the attorney general
of a State government, or an official or agency of a State, has
reason to believe that an interest of the residents of such
State has been or is threatened or adversely affected by an act
or practice in violation of section 2(a), the State, as parens
patriae, may bring a civil action on behalf of the residents of
the State in an appropriate district court of the United States
to--
(A) enjoin such act or practice;
(B) enforce compliance with such section;
(C) obtain damages, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other legal and equitable relief as
the court may consider to be appropriate.
(2) Notice.--Before filing an action under this subsection,
the attorney general, official, or agency of the State involved
shall provide to the Commission a written notice of such action
and a copy of the complaint for such action. If the attorney
general, official, or agency determines that it is not feasible
to provide the notice described in this paragraph before the
filing of the action, the attorney general, official, or agency
shall provide written notice of the action and a copy of the
complaint to the Commission immediately upon the filing of the
action.
(3) Authority of commission.--
(A) In general.--On receiving notice under
paragraph (2) of an action under this subsection, the
Commission shall have the right--
(i) to intervene in the action;
(ii) upon so intervening, to be heard on
all matters arising therein; and
(iii) to file petitions for appeal.
(B) Limitation on state action while federal action
is pending.--If the Commission or the Attorney General
of the United States has instituted a civil action for
violation of section 2(a) (referred to in this
subparagraph as the ``Federal action''), no State
attorney general, official, or agency may bring an
action under this subsection during the pendency of the
Federal action against any defendant named in the
complaint in the Federal action for any violation of
such section alleged in such complaint.
(4) Rule of construction.--For purposes of bringing a civil
action under this subsection, nothing in this Act shall be
construed to prevent an attorney general, official, or agency
of a State from exercising the powers conferred on the attorney
general, official, or agency by the laws of such State to
conduct investigations, administer oaths and affirmations, or
compel the attendance of witnesses or the production of
documentary and other evidence.
(c) Criminal Penalties.--
(1) In general.--In addition to any other penalty
applicable under this section, any person who violates section
2 shall be fined under title 18, United States Code, in an
amount not to exceed $500,000,000.
(2) Enforcement.--The criminal penalty provided by
paragraph (1) may be imposed only pursuant to a criminal action
brought by the Attorney General or other officer of the
Department of Justice. The Attorney General shall give priority
to enforcement actions concerning companies with total United
States wholesale or retail sales of gasoline and other
petroleum distillates in excess of $10,000,000,000 per year.
(d) Deposit of Funds.--Amounts collected in any penalty under this
section shall be deposited in a separate fund in the Treasury to be
known as the Consumer Relief Trust Fund.
(e) Use of Funds.--The amounts deposited into the fund described in
subsection (d) 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.
SEC. 4. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Retail.--The term ``retail'', with respect to the sale
of gasoline or any other petroleum distillate, includes--
(A) any sale to an end user, such as a motorist;
and
(B) any direct sale to another end user, such as
agriculture, industry, residential, and commercial
consumers.
(3) Wholesale.--The term ``wholesale'', with respect to the
sale of gasoline or any other petroleum distillate, means--
(A) truckload or smaller sales of gasoline or other
petroleum distillates for which title transfers at a
product terminal or a refinery; and
(B) dealer tank wagon sales of gasoline or other
petroleum distillates priced on a delivered basis to
retail outlets.
SEC. 5. EFFECT ON OTHER LAWS.
(a) Other Authority of Commission.--Nothing in this Act may be
construed to limit or affect in any way the authority of the Commission
to bring an enforcement action or take any other measure under the
Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other
provision of law.
(b) State Law.--Nothing in this Act may be construed to preempt any
State law.
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