II 
Calendar No. 461 
109TH CONGRESS 
2D SESSION 
H. R. 5253 
IN THE SENATE OF THE UNITED STATES 
MAY 4, 2006 
Received 
MAY 26, 2006 
Read the first time 
JUNE 5, 2006 
Read the second time and placed on the calendar 
AN ACT 
To prohibit price gouging in the sale of gasoline, diesel 
fuel, crude oil, and home heating oil, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Energy Price 
Protection Act of 2006’’. 
SEC. 2. GASOLINE PRICE GOUGING PROHIBITED. 
(a) UNLAWFUL CONDUCT.— 
(1) UNFAIR
AND
DECEPTIVE
ACT
OR
PRAC-
TICE.—It shall be an unfair or deceptive act or prac-
tice in violation of section 5 of the Federal Trade 
Commission Act for any person to sell crude oil, gas-
oline, diesel fuel, home heating oil, or any biofuel at 
a price that constitutes price gouging as defined by 
rule pursuant to subsection (b). 
(2) DEFINITION.—For purposes of this sub-
section, the term ‘‘biofuel’’ means any fuel con-
taining any organic matter that is available on a re-
newable or recurring basis, including agricultural 
crops and trees, wood and wood wastes and residues, 
plants (including aquatic plants), grasses, residues, 
fibers, and animal wastes, municipal wastes, and 
other waste materials. 
(b) PRICE GOUGING.— 
(1) IN
GENERAL.—Not later than 6 months 
after the date of the enactment of this Act, the Fed-
eral Trade Commission shall promulgate, in accord-
ance with section 553 of title 5, United States Code, 
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any rules necessary for the enforcement of this sec-
tion. 
(2) CONTENTS.—Such rules— 
(A) shall define ‘‘price gouging’’, ‘‘retail 
sale’’, and ‘‘wholesale sale’’ for purposes of this 
Act; and 
(B) shall be consistent with the require-
ments for declaring unfair acts or practices in 
section 5(n) of the Federal Trade Commission 
Act (15 U.S.C. 45(n)). 
(c) ENFORCEMENT.— 
(1) IN GENERAL.—Except as provided in sub-
section (d), a violation of subsection (a) 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)). The Federal Trade Com-
mission shall enforce this Act 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 Act. 
(2) 
EXCLUSIVE
ENFORCEMENT.—Notwith-
standing any other provision of law, no person, 
State, or political subdivision of a State, other than 
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the Federal Trade Commission or the Attorney Gen-
eral of the United States to the extent provided for 
in section 5 of the Federal Trade Commission Act 
or the attorney general of a State as provided by 
subsection (d), shall have any authority to enforce 
this Act or any rule prescribed pursuant to this Act. 
(d) ENFORCEMENT
BY STATE ATTORNEYS GEN-
ERAL.— 
(1) CIVIL ACTION.—In any case in which the 
attorney general of a State has reason to believe 
that an interest of the residents of that State has 
been or is threatened or adversely affected by any 
person who violates subsection (a), the attorney gen-
eral, as parens patriae, may bring a civil action on 
behalf of the residents of the State in a district 
court of the United States of appropriate jurisdic-
tion— 
(A) to enjoin further violation of such sec-
tion by the defendant; 
(B) to compel compliance with such sec-
tion; or 
(C) to impose a civil penalty under sub-
section (e). 
(2) INTERVENTION BY THE FTC.— 
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