(2) the area or region to which it applies; and 
(3) the event, circumstance, or condition that is 
the reason such a proclamation is determined to be 
necessary. 
(b) 
LIMITATIONS.—An 
emergency 
proclamation 
issued under subsection (a)— 
(1) may not apply for a period of more than 30 
consecutive days, but may be renewed for a consecu-
tive 30-day period; and 
(2) may be issued not more than 7 days pre-
ceding the reasonably expected occurrence of the 
event, circumstance, or condition that is the reason 
such a proclamation is determined to be necessary. 
SEC. 103. ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION. 
(a) VIOLATION IS UNFAIR OR DECEPTIVE ACT OR 
PRACTICE.—A violation of section 101 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)). 
(b) ACTIONS BY THE COMMISSION.—The Commis-
sion shall prevent any supplier from violating section 101 
in the same manner, by the same means, and with the 
same jurisdiction, powers, and duties as though all appli-
cable terms and provisions of the Federal Trade Commis-
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sion Act (15 U.S.C. 41 et seq.) were incorporated into and 
made a part of this Act. Any entity that violates section 
101 is subject to the penalties and entitled to the privi-
leges and immunities provided in the Federal Trade Com-
mission Act in the same manner, by the same means, and 
with the same jurisdiction, power, and duties as though 
all applicable terms and provisions of the Federal Trade 
Commission Act were incorporated into and made a part 
of this title. 
(c) REGULATIONS.—Not later than 180 days after 
the date of enactment of this title, the Federal Trade 
Commission shall prescribe such regulations as may be 
necessary or appropriate to implement this title. 
SEC. 104. PENALTIES. 
(a) CIVIL PENALTY.— 
(1) IN GENERAL.—In addition to any penalty 
applicable under the Federal Trade Commission Act 
any supplier who violates this title is punishable by 
a civil penalty of— 
(A) not more than $500,000, in the case of 
an independent small business marketer of gas-
oline (within the meaning of section 324(c) of 
the Clean Air Act (42 U.S.C. 7625(c))); and 
(B) not more than $5,000,000 in the case 
of any other supplier. 
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(2) METHOD
OF
ASSESSMENT.—The penalty 
provided by paragraph (1) shall be obtained in the 
same manner as civil penalties obtained under sec-
tion 5 of the Federal Trade Commission Act (15 
U.S.C. 45). 
(3) MULTIPLE
OFFENSES; MITIGATING
FAC-
TORS.—In assessing the penalty provided by sub-
section (a)— 
(A) a court shall take into consideration 
the seriousness of the violation and the efforts 
of the supplier committing the violation to rem-
edy the harm caused by the violation in a time-
ly manner; and 
(B) each determination that road transpor-
tation fuel or domestic heating fuel have been 
sold or offered for sale in the area and during 
the period covered by a proclamation issued 
under section 102 by an unconscionable amount 
shall be considered a single violation. 
(b) CRIMINAL PENALTY.— 
(1) IN GENERAL.—In addition to any penalty 
applicable under the Federal Trade Commission Act, 
the violation of section 101 is punishable by a fine 
of not more than $1,000,000, imprisonment for not 
more than 2 years, or both. 
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(2) ENFORCEMENT.—The criminal penalty pro-
vided by paragraph (1) may be imposed only pursu-
ant to a criminal action brought by the Attorney 
General or other officer of the Department of Jus-
tice. 
SEC. 105. DEFINITIONS. 
In this Act the following definitions apply: 
(1) ABNORMAL
MARKET
DISRUPTION.—The 
term ‘‘abnormal market disruption’’ means there is 
a reasonable likelihood that there will be an increase 
in the average price of road transportation fuel or 
domestic heating fuel as a result of a change in the 
market, whether actual or imminently threatened, 
resulting from extreme weather, a natural disaster, 
strike, civil disorder, war, military action, a national 
or local emergency, or other similar cause, that ad-
versely affects the availability or delivery road trans-
portation fuel or domestic heating fuel. 
(2) ROAD TRANSPORTATION FUEL OR DOMES-
TIC HEATING FUEL.—The term ‘‘road transportation 
fuel or domestic heating fuel’’ means those products 
used as transportation fuel or for home heating but 
does not include jet fuel. 
(3) REPLACEMENT COSTS.—The term ‘‘replace-
ment costs’’ means, with respect to a supplier to 
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