[Congressional Record Volume 152, Number 47 (Wednesday, April 26, 2006)]
[House]
[Pages H1821-H1822]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         REPUBLICAN ENERGY BILL

  Mr. STUPAK. Madam Speaker, I ask unanimous consent to proceed out of 
order.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Michigan (Mr. Stupak) is recognized for 5 minutes.
  Mr. STUPAK. Madam Speaker, today the Speaker of the House, Mr. 
Hastert, announced that he will be bringing an energy package to the 
floor as soon as next week. As a member of the Committee on Energy and 
Commerce, I must express my concerns that this legislation has not been 
reviewed, had a hearing, or even been seen by members of the committee 
with the proper jurisdiction. In fact, the contents of this legislation 
are not available to be reviewed by the American people, let alone my 
colleagues who will be required to vote on the bill.
  All that anyone knows about this bill that is supposed to be on the 
floor next week is a one-page press release the Speaker put out. Yet we 
will be forced to vote on this bill as soon as we get back next week. 
This sounds like the Vice President's secret energy task force. And 
what have we seen since then? The price of gas has almost doubled and 
the profits of the oil companies have almost tripled since those secret 
meetings in the White House that no one seems to know anything about. 
But we know gas prices continue to go up and nobody knows why.
  The American people deserve real answers and real solutions to these 
high

[[Page H1822]]

gas prices. Consumers are currently paying an average of $2.91 per 
gallon for gasoline. Last summer it was $2.25. Why the almost 70-cent 
increase? This summer, as the real driving season begins, Americans are 
expected to pay even more at the pump than last summer.
  But in the meantime, look at these profits. Look at ExxonMobil, one 
of the larger oil companies in this country. Look at their profits. You 
can take all of the net income of the oil companies, their profits in 
the last year was $113 billion in profits.
  While the majority party has put out a one-page press release talking 
about things they would like to do, Democrats have real solutions that 
could be brought to the House floor today that would have an immediate 
effect and lower the price of gasoline for all Americans.
  For example, there are currently no Federal laws against gas price-
gouging. The only way the Federal Trade Commission can attempt to 
prosecute unfair pricing is by using the antitrust laws or the monopoly 
laws of this country. To date, in the entire history of the Federal 
Trade Commission, not one, not one case has ever been brought before 
the courts to prosecute for price gouging. Because the Federal 
Government does not have a clear definition or standard of what price 
gouging is, the FTC cannot do little more than make a study of the 
current gas price situation. Americans are tired of studies and want 
real answers.
  Last September I introduced a bill to increase the Federal 
Government's ability to prosecute price gougers. My bill, the FREE Act, 
the Federal Response to Energy Emergencies, will provide the Federal 
Trade Commission and the Department of Justice with the authority to 
investigate and prosecute those who engage in predatory pricing from 
oil companies all of the way down to distributors, with an emphasis on 
those who profit the most.
  The FREE Act, our legislation that could be on the floor tomorrow, 
will also allow each State attorney general to go into Federal district 
court to prosecute unfair pricing practices.
  When we talk about unfair price practices, we talk about everything 
in the chain and distribution and supply of oil and gasoline. Take a 
look at this here, from the time it comes out of the ground, refineries 
to distributors and retailers, taxes, all of the way to the consumer. 
We should be able to investigate every aspect of it. If you look at 
what the Republicans have been proposing, you only get to do an 
investigation when the President declares a national emergency and it 
is only for the distributors and retailers, not the refinery who has a 
255 percent increase in the cost of refining a gallon of gasoline in a 
year, nor even the crude oil producers who went up 46 percent in the 
last year.
  When we introduced our bill to increase the Federal Government's 
ability to prosecute price gougers, we included everybody. We want to 
make sure that the American people are protected from the time it comes 
out of the ground until you put it in your vehicle. Our legislation 
expands the Federal Trade Commission's authority to more aggressively 
pursue market manipulations such as geographic price settings or 
territorial restrictions put forth by the refineries.
  Why has gas gone up? In the last 12 months, from September 2004 to 
September 2005, it has gone up 255 percent. Is that price gouging? We 
happen to think it is, but we need a clear definition. Right now there 
are 28 States with different standards as to price gouging. That is why 
it is so important to have a Federal standard.
  Our bill also imposes tough civil penalties up to triple the damages 
on excess profits.
  Madam Speaker, we are trying to fight high gas prices. Democrats 
stand ready, willing and able to do our job.

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