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(4) the product or products to which it applies.
(c) EXTENSIONS.—The President may—
(1) extend a declaration under subsection (a) for
a period of not more than 30 days;
(2) extend such a declaration more than once;
and
(3) discontinue such a declaration before its ex-
piration.
SEC. 607. ENFORCEMENT BY THE FEDERAL TRADE COMMIS-
SION.
(a) ENFORCEMENT.—This title shall be enforced by the
Federal Trade Commission in the same manner, by the
same means, and with the same jurisdiction as though all
applicable terms of the Federal Trade Commission Act were
incorporated into and made a part of this title. In enforcing
section 603 of this Act, the Commission shall give priority
to enforcement actions concerning companies with total
United States wholesale or retail sales of crude oil, gasoline,
and petroleum distillates in excess of $500,000,000 per year
but shall not exclude enforcement actions against companies
with total United States wholesale sales of $500,000,000 or
less per year.
(b) VIOLATION IS TREATED AS UNFAIR OR DECEPTIVE
ACT OR PRACTICE.—The violation of any provision of this
title shall be treated as an unfair or deceptive act or prac-
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tice proscribed under a rule issued under section
18(a)(1)(B) of the Federal Trade Commission Act (15
U.S.C. 57a(a)(1)(B)).
(c) COMMISSION ACTIONS.—Following the declaration
of an energy emergency by the President under section 606
of this Act, the Commission shall—
(1) maintain within the Commission—
(A) a toll-free hotline that a consumer may
call to report an incident of price gouging in the
affected area; and
(B) a program to develop and distribute to
the public informational materials to assist resi-
dents of the affected area in detecting, avoiding,
and reporting price gouging;
(2) consult with the Attorney General, the
United States Attorney for the districts in which a
disaster occurred (if the declaration is related to a
major disaster), and State and local law enforcement
officials to determine whether any supplier in the af-
fected area is charging or has charged an unconscion-
ably excessive price for crude oil, gasoline, or petro-
leum distillates in the affected area; and
(3) conduct investigations as appropriate to de-
termine whether any supplier in the affected area has
violated section 603 of this Act, and upon such find-
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ing, take any action the Commission determines to be
appropriate to remedy the violation.
SEC. 608. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
(a) IN GENERAL.—A State, as parens patriae, may
bring a civil action on behalf of its residents in an appro-
priate district court of the United States to enforce the pro-
visions of section 603 of this Act, or to impose the civil
penalties authorized by section 609 for violations of section
603, whenever the attorney general of the State has reason
to believe that the interests of the residents of the State have
been or are being threatened or adversely affected by a sup-
plier engaged in the sale or resale, at retail or wholesale,
or distribution of crude oil, gasoline or petroleum distillates
in violation of section 603 of this Act.
(b) NOTICE.—The State shall serve written notice to
the Commission of any civil action under subsection (a)
prior to initiating the action. The notice shall include a
copy of the complaint to be filed to initiate the civil action,
except that if it is not feasible for the State to provide such
prior notice, the State shall provide such notice imme-
diately upon instituting the civil action.
(c) AUTHORITY TO INTERVENE.—Upon receiving the
notice required by subsection (b), the Commission may in-
tervene in the civil action and, upon intervening—
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(1) may be heard on all matters arising in such
civil action; and
(2) may file petitions for appeal of a decision in
such civil action.
(d) CONSTRUCTION.—For purposes of bringing any
civil action under subsection (a), nothing in this section
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 wit-
nesses or the production of documentary and other evidence.
(e) VENUE; SERVICE OF PROCESS.—In a civil action
brought under subsection (a)—
(1) the venue shall be a judicial district in
which—
(A) the defendant operates;
(B) the defendant was authorized to do
business; or
(C) where the defendant in the civil action
is found;
(2) process may be served without regard to the
territorial limits of the district or of the State in
which the civil action is instituted; and
(3) a person who participated with the defendant
in an alleged violation that is being litigated in the
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civil action may be joined in the civil action without
regard to the residence of the person.
(f) LIMITATION ON STATE ACTION WHILE FEDERAL
ACTION IS PENDING.—If the Commission has instituted a
civil action or an administrative action for violation of this
title, a State attorney general, or official or agency of a
State, may not bring an action under this section during
the pendency of that action against any defendant named
in the complaint of the Commission or the other agency for
any violation of this title alleged in the Commission’s civil
or administrative action.
(g) NO PREEMPTION.—Nothing contained in this sec-
tion shall prohibit an authorized State official from pro-
ceeding in State court to enforce a civil or criminal statute
of that State.
SEC. 609. PENALTIES.
(a) CIVIL PENALTY.—
(1) IN GENERAL.—In addition to any penalty
applicable under the Federal Trade Commission Act,
any supplier—
(A) that violates section 604 or section 605
of this Act is punishable by a civil penalty of not
more than $1,000,000; and
(B) that violates section 603 of this Act is
punishable by a civil penalty of—
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(i) not more than $500,000, in the case
of an independent small business marketer
of gasoline (within the meaning of section
324(c) of the Clean Air Act (42 U.S.C.
7625(c))); and
(ii) not more than $5,000,000 in the
case of any other supplier.
(2) METHOD.—The penalties provided by para-
graph (1) shall be obtained in the same manner as
civil penalties imposed under section 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) each day of a continuing violation shall
be considered a separate violation; and
(B) the court shall take into consideration,
among other factors, the seriousness of the viola-
tion and the efforts of the person committing the
violation to remedy the harm caused by the vio-
lation in a timely manner.
(b) CRIMINAL PENALTY.—Violation of section 603 of
this Act is punishable by a fine of not more than
$5,000,000, imprisonment for not more than 5 years, or
both.