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109TH CONGRESS 
1ST SESSION H. R. 4029 
To ensure fairness in gasoline, diesel fuel, and home heating oil prices. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 7, 2005 
Ms. DELAURO introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To ensure fairness in gasoline, diesel fuel, and home heating 
oil prices. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fuel Price Fairness 
Act’’. 
SEC. 2. DEFINITIONS. 
As used in this Act— 
(1) the term ‘‘Commission’’ means the Federal 
Trade Commission; 
(2) the term ‘‘integrated oil company’’ has the 
meaning given such term in section 291(b)(4) of the
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Internal Revenue Code of 1986 (26 U.S.C. 
291(b)(4)); and 
(3) the term ‘‘refinery’’ means any industrial 
plant located in the United States which is designed 
to serve the primary purpose of processing liquid 
fuel from crude oil or qualified fuels. 
SEC. 3. DECLARATION OF ENERGY PRICE EMERGENCY. 
(a) DECLARATION.—The Commission, in consulta-
tion with the Secretary of Energy, shall have the authority 
to declare a national or regional energy price emergency 
if the Commission finds that the health, safety, welfare, 
or economic well-being of the citizens of the United States, 
or a region of the United States, is at risk because of a 
shortage or imminent shortage of adequate supplies of 
crude oil, gasoline, diesel fuel, or home heating oil due to 
a disruption of national or regional distribution systems 
for crude oil, gasoline, natural gas, or petroleum distillates 
(including such a shortage related to a major disaster (as 
defined in section 102(2) of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 
5122))), or significant pricing anomalies in national or re-
gional energy markets for crude oil, gasoline, diesel fuel, 
or home heating oil of a more than transient nature. 
(b) INFORMATION SHARING.—For purposes of moni-
toring the supplies of crude oil, gasoline, diesel fuel, or
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home heating oil in compliance with subsection (a), the 
Secretary of Energy shall permit the Commission to have 
regular and constant access to any information obtained 
by or in the possession of the Energy Information Admin-
istration. 
(c) DURATION OF DECLARED EMERGENCY.—A na-
tional or regional price emergency declared under this sec-
tion shall terminate not later than 30 days after such a 
declaration at the discretion of the Commission. 
SEC. 4. DISCLOSURE OR ENERGY PRICING DURING ENERGY 
PRICE EMERGENCY. 
During a declared national or regional energy price 
emergency, an integrated oil company or refinery shall— 
(1) not later than 30 days after a declaration 
of such an emergency, disclose to the Commission 
the prevailing price of crude oil and wholesale price 
of refined gasoline, diesel, home heating oil, based 
on invoices, for each week during the period of 60 
days immediately preceding the declaration of an en-
ergy emergency; and 
(2) not later than 15 days after a termination 
of such an emergency, disclose to the Commission 
the prevailing price of crude oil and wholesale price 
of refined gasoline, diesel, home heating oil, based
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on invoices, for each week of the period in which a 
national price emergency is in effect. 
SEC. 5. UNREASONABLE PRICING PROHIBITED. 
(a) UNLAWFUL RETAIL PRICING.—During a national 
energy price emergency declared under section 3, or in a 
region declared to be in a regional energy price emergency 
under such section, it shall be unlawful for any person 
to sell at retail gasoline, diesel fuel, or home heating oil 
at an unreasonable price. 
(b) UNLAWFUL SUPPLY OR WHOLESALE PRICING.— 
During a national energy price emergency declared under 
section 3, or in a region declared to be in a regional energy 
price emergency under such section, it shall be unlawful 
for any integrated oil company or refinery to sell crude 
oil or refined gasoline, diesel fuel, or home heating oil at 
an unreasonable price. 
(c) UNREASONABLE PRICE.—Not later than 60 days 
after the date of the enactment of this Act, the Federal 
Trade Commission shall, by rule, determine what con-
stitutes an unreasonable price for purposes of subsections 
(a) and (b). 
(d) ENFORCEMENT AGAINST RETAILERS.—A viola-
tion of subsection (a) shall be treated as a violation of 
a rule defining an unfair or deceptive act or practice pre-
scribed under section 18(a)(1)(B) of the Federal Trade
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Commission Act (15 U.S.C. 57a(a)(1)(B)). The Commis-
sion shall enforce such subsection (and the rule promul-
gated pursuant to subsection (c)) in the same manner, by 
the same means, and with the same jurisdiction as though 
all applicable terms and provisions of the Federal Trade 
Commission Act were incorporated into and made a part 
of this section. 
(e) CRIMINAL ENFORCEMENT AGAINST OIL COMPA-
NIES AND REFINERIES.—Any person who violates sub-
section (b) shall be fined under title 18 an amount not 
more than $2,000,000, or imprisoned for a period of not 
more than 2 years, or both. 
SEC. 6. REPORT ON COMMODITIES MARKET. 
Not later than 1 year after enactment of this Act, 
the Federal Trade Commission shall conduct a study on 
the effects of increased and possible excess trading of oil 
and gasoline futures contracts on the rising cost of oil and 
gasoline commodities, and shall transmit a report of its 
findings to the House of Representatives and the Senate. 
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