HR 7688 PCS
‘‘(A) FEDERAL TRADE COMMISSION.—Not-
withstanding subchapter III of chapter 35 of 
title 44, United States Code (commonly known 
as the ‘Confidential Information Protection and 
Statistical Efficiency Act of 2018’), not later 
than 1 year after the date of enactment of this 
subsection, the Administrator shall enter into a 
data-sharing agreement with the Federal Trade 
Commission that shall allow any information 
collected pursuant to this subsection to be re-
quested by and transferred to the Federal 
Trade Commission without limitation or delay. 
‘‘(B) OTHER
FEDERAL
AGENCIES.—The 
Administrator may enter into data-sharing 
agreements with other Federal agencies that 
have energy-related policy decision-making re-
sponsibilities, including the Commodity Futures 
Trading Commission, the Federal Energy Regu-
latory Commission, and the Securities and Ex-
change Commission. 
‘‘(8) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Ad-
ministrator to carry out this section such sums as 
are necessary for each of fiscal years 2022 through 
2027.’’. 
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SEC. 5. FTC INVESTIGATION AND REPORT ON GASOLINE 
PRICES. 
(a) INVESTIGATION.— 
(1) IN GENERAL.—The Federal Trade Commis-
sion shall conduct an investigation to determine if 
the price of gasoline is being manipulated by reduc-
ing refinery capacity or by any other form of market 
manipulation or artificially increased by price 
gouging practices. 
(2) CONSIDERATION.—In conducting the inves-
tigation under paragraph (1), the Federal Trade 
Commission may consider the impact of mergers and 
acquisitions in the oil and gas industry, including 
mergers and acquisitions involving producers, refin-
ers, transporters, and gas stations. 
(b) REPORT.—Not later than 270 days after the date 
of the enactment of this Act, the Federal Trade Commis-
sion shall submit to Congress a report on the investigation 
conducted under subsection (a), including a long-term 
strategy for the Commission and Congress to address ma-
nipulation of oil and gas markets during times of national 
or international crisis or emergency. 
(c) EXEMPTION
FROM
PAPERWORK
REDUCTION 
ACT.—Chapter 35 of title 44, United States Code, shall 
not apply to the collection of information under subsection 
(a). 
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(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Federal Trade Com-
mission to carry out this section $1,000,000 for fiscal year 
2023. 
SEC. 6. TRANSPORTATION FUEL MONITORING AND EN-
FORCEMENT WITHIN THE FEDERAL TRADE 
COMMISSION. 
(a) ESTABLISHMENT
OF
THE
TRANSPORTATION 
FUEL MONITORING AND ENFORCEMENT UNIT.— 
(1) IN GENERAL.—The Commission shall estab-
lish within the Commission the Transportation Fuel 
Monitoring and Enforcement Unit (in this section 
referred to as the ‘‘Unit’’). 
(2) DUTIES OF THE UNIT.— 
(A) PRIMARY RESPONSIBILITY.—The pri-
mary responsibility of the Unit shall be to assist 
the Commission in protecting the public interest 
by continuously and comprehensively collecting, 
monitoring, and analyzing crude oil and trans-
portation fuel market data in order to— 
(i) support transparent and competi-
tive market practices; 
(ii) identify any market manipulation, 
reporting of false information, use of mar-
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ket power to disadvantage consumers, or 
other unfair method of competition; and 
(iii) facilitate enforcement of penalties 
against persons in violation of relevant 
statutory prohibitions. 
(B) SPECIFIC DUTIES.—In order to carry 
out the responsibility under subparagraph (A), 
the Unit shall assist the Commission in car-
rying out the following duties: 
(i) Receiving, compiling, and ana-
lyzing relevant buying and selling activity 
in order to identify and investigate anoma-
lous market trends and suspicious behav-
ior. 
(ii) Determining whether excessive 
concentration or exclusive control of en-
ergy-related infrastructure may allow or 
result in anti-competitive behaviors. 
(iii) Gathering evidence of wrongdoing 
against any person in violation of the stat-
utory prohibitions on market manipulation 
and false information established in, and 
consistent with, subtitle B of title VIII of 
the Energy Independence and Security Act 
of 2007 or any other applicable provisions 
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of the Federal Trade Commission Act (15 
U.S.C. 45 et seq.). 
(iv) Obtaining a data-sharing agree-
ment with the Energy Information Admin-
istration that includes the data collected in 
accordance with section 205(n) of the De-
partment of Energy Organization Act (42 
U.S.C. 7135). 
(v) Obtaining data-sharing agree-
ments with the Commodities Futures 
Trading Commission, the Federal Energy 
Regulatory Commission, and as necessary 
and practicable, State energy offices or 
commissions, and relevant public and pri-
vate data sources that will allow the Com-
mission to receive and archive information 
on— 
(I) crude oil and transportation 
fuel buying and selling activity; 
(II) individual physical and fi-
nancial market positions of market 
participants regarding crude oil and 
transportation fuel; 
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(III) refinery output, capacity, 
and inventory levels of crude oil and 
transportation fuel; 
(IV) imports and exports of 
crude oil and transportation fuel with-
in regions and at levels that could im-
pact prices faced by consumers; 
(V) public announcements by en-
ergy companies of planned pricing or 
output decisions regarding crude oil 
and transportation fuel; and 
(VI) other relevant market infor-
mation that will facilitate the gath-
ering of evidence described in clause 
(iii), including sufficient market infor-
mation necessary to monitor for cross- 
market manipulations that may in-
clude multiple financial and physical 
market positions. 
(vi) Any other information determined 
appropriate by the Commission to carry 
out the responsibility under subparagraph 
(A). 
(b) DEFINITIONS.—In this section: 
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(1) COMMISSION.—Other than in subsection 
(a)(2)(B)(v), the term ‘‘Commission’’ means the 
Federal Trade Commission. 
(2) TRANSPORTATION FUEL.—The term ‘‘trans-
portation fuel’’ includes gasoline, distillate fuels (in-
cluding heating oil), jet fuel, aviation gasoline, and 
biofuel (including ethanol, biomass-based diesel and 
distillates, and renewable blending components). 
(c) REGULATIONS.—Not later than 90 days after the 
date of enactment of this Act, the Commission shall pro-
mulgate regulations to carry out this section. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Commission such 
sums as may be necessary for each of fiscal years 2022 
through 2027 to carry out this section. 
Passed the House of Representatives May 19, 2022. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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Calendar No. 373 
117TH CONGRESS 
2D SESSION 
H. R. 7688 
AN ACT 
To protect consumers from price-gouging of 
consumer fuels, and for other purposes. 
MAY 19, 2022 
Read the second time and placed on the calendar 
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