I 
110TH CONGRESS 
2D SESSION 
H. R. 6346 
To protect consumers from price-gouging of gasoline and other fuels, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 23, 2008 
Mr. STUPAK introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on 
Education and Labor, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To protect consumers from price-gouging of gasoline and 
other fuels, and for other purposes. 
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 ‘‘Federal Price Gouging 
Prevention Act’’. 
SEC. 2. UNCONSCIONABLE PRICING OF GASOLINE AND 
OTHER PETROLEUM DISTILLATES DURING 
EMERGENCIES. 
(a) UNCONSCIONABLE PRICING.— 
VerDate Aug 31 2005 
04:33 Jun 24, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6346.IH
H6346
jbell on PROD1PC69 with BILLS
(1) IN GENERAL.—It shall be unlawful for any 
person to sell, at wholesale or at retail in an area 
and during a period of an energy emergency, gaso-
line or any other petroleum distillate covered by a 
proclamation issued under paragraph (2) at a price 
that— 
(A) is unconscionably excessive; and 
(B) indicates the seller is taking unfair ad-
vantage of the circumstances related to an en-
ergy emergency to increase prices unreasonably. 
(2) ENERGY EMERGENCY PROCLAMATION.— 
(A) IN
GENERAL.—The President may 
issue an energy emergency proclamation for any 
area within the jurisdiction of the United 
States, during which the prohibition in para-
graph (1) shall apply. The proclamation shall 
state the geographic area covered, the gasoline 
or other petroleum distillate covered, and the 
time period that such proclamation shall be in 
effect. 
(B) DURATION.—The proclamation— 
(i) may not apply for a period of more 
than 30 consecutive days, but may be re-
newed for such consecutive periods, each 
VerDate Aug 31 2005 
04:33 Jun 24, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6346.IH
H6346
jbell on PROD1PC69 with BILLS
not to exceed 30 days, as the President de-
termines appropriate; and 
(ii) may include a period of time not 
to exceed 1 week preceding a reasonably 
foreseeable emergency. 
(3) FACTORS
CONSIDERED.—In determining 
whether a person has violated paragraph (1), there 
shall be taken into account, among other factors— 
(A) whether the amount charged by such 
person for the applicable gasoline or other pe-
troleum distillate at a particular location in an 
area covered by a proclamation issued under 
paragraph (2) during the period such proclama-
tion is in effect— 
(i) grossly exceeds the average price 
at which the applicable gasoline or other 
petroleum distillate was offered for sale by 
that person during the 30 days prior to 
such proclamation; 
(ii) grossly exceeds the price at which 
the same or similar gasoline or other pe-
troleum distillate was readily obtainable in 
the same area from other competing sellers 
during the same period; 
VerDate Aug 31 2005 
04:33 Jun 24, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6346.IH
H6346
jbell on PROD1PC69 with BILLS
(iii) reasonably reflected additional 
costs, not within the control of that person, 
that were paid, incurred, or reasonably an-
ticipated by that person, or reflected addi-
tional risks taken by that person to 
produce, distribute, obtain, or sell such 
product under the circumstances; and 
(iv) was substantially attributable to 
local, regional, national, or international 
market conditions; and 
(B) whether the quantity of gasoline or 
other petroleum distillate the person produced, 
distributed, or sold in an area covered by a 
proclamation issued under paragraph (2) dur-
ing a 30-day period following the issuance of 
such proclamation increased over the quantity 
that that person produced, distributed, or sold 
during the 30 days prior to such proclamation, 
taking into account usual seasonal demand vari-
ations. 
(b) DEFINITIONS.—As used in this section— 
(1) the term ‘‘wholesale’’, with respect to sales 
of gasoline or other petroleum distillates, means ei-
ther truckload or smaller sales of gasoline or petro-
leum distillates where title transfers at a product 
VerDate Aug 31 2005 
04:33 Jun 24, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6346.IH
H6346
jbell on PROD1PC69 with BILLS
terminal or a refinery, and dealer tank wagon sales 
of gasoline or petroleum distillates priced on a deliv-
ered basis to retail outlets; and 
(2) the term ‘‘retail’’, with respect to sales of 
gasoline or other petroleum distillates, includes all 
sales to end users such as motorists as well as all 
direct sales to other end users such as agriculture, 
industry, residential, and commercial consumers. 
(c) CONSTRUCTION.—As described in this section, a 
sale of gasoline or other petroleum distillate does not in-
clude a transaction on a futures market. 
SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMIS-
SION. 
(a) ENFORCEMENT BY FTC.—A violation of section 
2 shall be treated as a violation of a rule defining an un-
fair 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)). The Federal Trade Commission 
shall enforce this Act in the same manner, by the same 
means, and with the same jurisdiction as though all appli-
cable terms and provisions of the Federal Trade Commis-
sion Act were incorporated into and made a part of this 
Act. In enforcing section 2(a) of this Act, the Commission 
shall give priority to enforcement actions concerning com-
panies with total United States wholesale or retail sales 
VerDate Aug 31 2005 
04:33 Jun 24, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6346.IH
H6346
jbell on PROD1PC69 with BILLS
of gasoline and other petroleum distillates in excess of 
$500,000,000 per year. 
(b) CIVIL PENALTIES.— 
(1) IN
GENERAL.—Notwithstanding the pen-
alties set forth under the Federal Trade Commission 
Act, any person who violates this Act with actual 
knowledge or knowledge fairly implied on the basis 
of objective circumstances shall be subject to the fol-
lowing penalties: 
(A) PRICE GOUGING; UNJUST PROFITS.— 
Any person who violates section 2(a) shall be 
subject to— 
(i) a fine of not more than 3 times the 
amount of profits gained by such person 
through such violation; or 
(ii) 
a 
fine 
of 
not 
more 
than 
$3,000,000. 
(B) FALSE
INFORMATION.—Any person 
who violates section 2(b) shall be subject to a 
civil penalty of not more than $1,000,000. 
(2) METHOD.—The penalties provided by para-
graph (1) shall be obtained in the same manner as 
civil penalties obtained under section 5 of the Fed-
eral Trade Commission Act (15 U.S.C. 45). 
VerDate Aug 31 2005 
04:33 Jun 24, 2008
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6346.IH
H6346
jbell on PROD1PC69 with BILLS
(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 vio-
lation and the efforts of the person committing 
the violation to remedy the harm caused by the 
violation in a timely manner. 
SEC. 4. CRIMINAL PENALTIES. 
(a) IN GENERAL.—In addition to any penalty appli-
cable under section 3, any person who violates section 2 
shall be fined under title 18, United States Code— 
(1) 
if 
a 
corporation, 
not 
to 
exceed 
$150,000,000; and 
(2) if an individual not to exceed $2,000,000, 
or imprisoned for not more than 10 years, or both. 
(b) ENFORCEMENT.—The criminal penalty provided 
by subsection (a) may be imposed only pursuant to a 
criminal action brought by the Attorney General or other 
officer of the Department of Justice. 
VerDate Aug 31 2005 
04:33 Jun 24, 2008
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6346.IH
H6346
jbell on PROD1PC69 with BILLS
SEC. 5. ENFORCEMENT AT RETAIL LEVEL BY STATE ATTOR-
NEYS 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 
provisions of section 2(a) of this Act, or to impose the 
civil penalties authorized by section 3(b)(1)(B), 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 violation 
of this Act or a regulation under this Act, involving a re-
tail sale. 
(b) NOTICE.—The State shall serve written notice to 
the Federal Trade Commission of any civil action under 
subsection (a) prior to initiating such civil action. The no-
tice shall include a copy of the complaint to be filed to 
initiate such civil action, except that if it is not feasible 
for the State to provide such prior notice, the State shall 
provide such notice immediately upon instituting such civil 
action. 
(c) AUTHORITY TO INTERVENE.—Upon receiving the 
notice required by subsection (b), the Federal Trade Com-
mission may intervene in such civil action and upon inter-
vening— 
(1) be heard on all matters arising in such civil 
action; and 
VerDate Aug 31 2005 
04:33 Jun 24, 2008
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6346.IH
H6346
jbell on PROD1PC69 with BILLS
(2) 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 exer-
cising the powers conferred on the attorney general by the 
laws of such State to conduct investigations or to admin-
ister oaths or affirmations or to compel the attendance 
of witnesses 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) 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 defend-
ant in an alleged violation that is being litigated in 
VerDate Aug 31 2005 
04:33 Jun 24, 2008
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6346.IH
H6346
jbell on PROD1PC69 with BILLS
the civil action may be joined in the civil action with-
out regard to the residence of the person. 
(f) LIMITATION ON STATE ACTION WHILE FEDERAL 
ACTION IS PENDING.—If the Federal Trade Commission 
has instituted a civil action or an administrative action 
for violation of this Act, no State attorney general, or offi-
cial or agency of a State, may bring an action under this 
subsection during the pendency of that action against any 
defendant named in the complaint of the Federal Trade 
Commission or the other agency for any violation of this 
Act alleged in the complaint. 
(g) ENFORCEMENT OF STATE LAW.—Nothing con-
tained in this section shall prohibit an authorized State 
official from proceeding in State court to enforce a civil 
or criminal statute of such State. 
SEC. 6. LOW INCOME ENERGY ASSISTANCE. 
Amounts collected in fines and penalties under sec-
tion 3 of this Act shall be deposited in a separate fund 
in the treasury to be known as the Consumer Relief Trust 
Fund. To the extent provided for in advance in appropria-
tions Acts, the fund shall be used to provide assistance 
under the Low Income Home Energy Assistance Program 
administered by the Secretary of Health and Human Serv-
ices. 
VerDate Aug 31 2005 
04:33 Jun 24, 2008
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6346.IH
H6346
jbell on PROD1PC69 with BILLS
SEC. 7. EFFECT ON OTHER LAWS. 
(a) OTHER AUTHORITY OF FEDERAL TRADE COM-
MISSION.—Nothing in this Act shall be construed to limit 
or affect in any way the Federal Trade Commission’s au-
thority to bring enforcement actions or take any other 
measure under the Federal Trade Commission Act (15 
U.S.C. 41 et seq.) or any other provision of law. 
(b) STATE LAW.—Nothing in this Act preempts any 
State law. 
Æ 
VerDate Aug 31 2005 
04:33 Jun 24, 2008
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H6346.IH
H6346
jbell on PROD1PC69 with BILLS