I 
113TH CONGRESS 
1ST SESSION H. R. 2070 
To protect consumers from price-gouging of gasoline and other fuels, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 21, 2013 
Mr. BISHOP of New York (for himself, Mr. WALZ, Mr. LANGEVIN, Mr. 
RAHALL, Mr. YARMUTH, Mrs. MCCARTHY of New York, Mr. VAN HOL-
LEN, Mr. TIERNEY, Ms. KUSTER, and Mr. CICILLINE) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce 
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 of 2013’’. 
SEC. 2. UNCONSCIONABLE PRICING OF GASOLINE AND 
OTHER PETROLEUM DISTILLATES DURING 
EMERGENCIES. 
(a) UNCONSCIONABLE PRICING.— 
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(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 international crisis affect-
ing the oil markets proclaimed under paragraph (2), 
gasoline 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 
international crisis to increase prices unreason-
ably. 
(2) ENERGY EMERGENCY PROCLAMATION.— 
(A) IN
GENERAL.—The President may 
issue a proclamation of an international crisis 
affecting the oil markets and may designate any 
area within the jurisdiction of the United 
States, where the prohibition in paragraph (1) 
shall apply. The proclamation shall state the ge-
ographic area covered, the gasoline or other pe-
troleum 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-
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newed for such consecutive periods, each 
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; 
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(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 
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