shall enforce this title 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 
title. In enforcing section 302 of this title, the Commission 
shall give priority to enforcement actions concerning com-
panies with total United States wholesale or retail sales 
of gasoline and other petroleum distillates in excess of 
$10,000,000,000 per year. 
(b) CIVIL PENALTIES.— 
(1) IN
GENERAL.—Notwithstanding the pen-
alties set forth under the Federal Trade Commission 
Act, any person who violates section 302 with actual 
knowledge or knowledge fairly implied on the basis 
of objective circumstances shall be subject to— 
(A) a civil penalty of not more than 3 
times the amount of profits gained by such per-
son through such violation; or 
(B) a civil penalty of not more than 
$100,000,000. 
(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 Mar 15 2010 
05:40 May 25, 2011
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
smartinez on DSKB9S0YB1PROD 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. 304. CRIMINAL PENALTIES. 
(a) IN GENERAL.—In addition to any penalty appli-
cable under section 303, any person who violates section 
302 shall be fined under title 18, United States Code, in 
an amount not to exceed $500,000,000. 
(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. The Attorney Gen-
eral shall give priority to enforcement actions concerning 
companies with total United States wholesale or retail 
sales of gasoline and other petroleum distillates in excess 
of $10,000,000,000 per year. 
VerDate Mar 15 2010 
05:40 May 25, 2011
Jkt 099200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
smartinez on DSKB9S0YB1PROD with BILLS
SEC. 305. ENFORCEMENT AT RETAIL LEVEL BY STATE AT-
TORNEYS 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 302, or to impose the civil penalties 
authorized by section 303(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 threat-
ened or adversely affected by a violation of this title or 
a regulation under this title, involving a retail 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 Mar 15 2010 
05:40 May 25, 2011
Jkt 099200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
smartinez on DSKB9S0YB1PROD 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 Mar 15 2010 
05:40 May 25, 2011
Jkt 099200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
smartinez on DSKB9S0YB1PROD 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 title, 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 
title 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. 306. EFFECT ON OTHER LAWS. 
(a) OTHER AUTHORITY OF FEDERAL TRADE COM-
MISSION.—Nothing in this title 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 title preempts any 
State law. 
Æ 
VerDate Mar 15 2010 
05:40 May 25, 2011
Jkt 099200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6301
E:\BILLS\H1899.IH
H1899
smartinez on DSKB9S0YB1PROD with BILLS