II 
Calendar No. 373 
117TH CONGRESS 
2D SESSION 
H. R. 7688 
IN THE SENATE OF THE UNITED STATES 
MAY 19 (legislative day, MAY 17), 2022 
Received; read the first time 
MAY 19, 2022 
Read the second time and placed on the calendar 
AN ACT 
To protect consumers from price-gouging of consumer 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 ‘‘Consumer Fuel Price 
Gouging Prevention Act’’. 
SEC. 2. UNCONSCIONABLE PRICING OF CONSUMER FUELS 
DURING EMERGENCIES. 
(a) UNCONSCIONABLE PRICING.— 
(1) IN GENERAL.—It shall be unlawful for any 
person to sell a consumer fuel, at wholesale or retail, 
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in an area and during a period of an energy emer-
gency covered by a proclamation issued under para-
graph (2) at a price that— 
(A) is unconscionably excessive; and 
(B) indicates the seller is exploiting the 
circumstances related to an energy 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, that includes the geo-
graphic area covered, the consumer fuel cov-
ered, and the time period that such proclama-
tion 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 
not to exceed 30 days, as the President de-
termines appropriate; and 
(ii) may include a period of time not 
to exceed 1 week before a reasonably fore-
seeable emergency. 
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(3) FACTORS CONSIDERED.— 
(A) IN GENERAL.—In determining whether 
a person has violated paragraph (1), there shall 
be taken into account, among other factors, the 
aggravating factors described in subparagraph 
(B) and the mitigating factor described in sub-
paragraph (C). 
(B) AGGRAVATING FACTORS.—The aggra-
vating factors described in this subparagraph 
are the following: 
(i) Whether the amount charged by 
such person grossly exceeds the average 
price at which the consumer fuel was of-
fered for sale by such person during— 
(I) the 30-day period before the 
date on which the proclamation was 
issued; or 
(II) another appropriate bench-
mark period, as determined by the 
Commission. 
(ii) Whether the amount charged by 
such person grossly exceeds the price at 
which the same or a similar consumer fuel 
was readily obtainable in the same area 
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from other sellers during the energy emer-
gency period. 
(C) MITIGATING FACTOR.—The mitigating 
factor described in this subparagraph is wheth-
er the quantity of any consumer fuel such per-
son produced, distributed, or sold in an area 
covered by the proclamation during the 30-day 
period following the date on which the procla-
mation was issued increased over the quantity 
such person produced, distributed, or sold dur-
ing the 30-day period before the date on which 
the proclamation was issued, taking into ac-
count any usual seasonal demand variation. 
(b) AFFIRMATIVE DEFENSE.—It shall be an affirma-
tive defense in any civil action or administrative action to 
enforce subsection (a), with respect to the sale, at whole-
sale or retail, of a consumer fuel by a person, that the 
increase in the price of such consumer fuel reasonably re-
flects additional costs that were paid, incurred, or reason-
ably anticipated by such person, or reasonably reflects ad-
ditional risks taken by such person, to produce, distribute, 
obtain, or sell such consumer fuel under the cir-
cumstances. 
(c) RULE OF CONSTRUCTION.—This section may not 
be construed to cover a transaction on a futures market. 
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(d) ENFORCEMENT.— 
(1) FEDERAL TRADE COMMISSION.—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 Commission shall enforce this 
section in the same manner, by the same means, and 
with the same jurisdiction, powers, and duties as 
though all applicable terms and provisions of the 
Federal Trade Commission Act were incorporated 
into and made a part of this section. In enforcing 
subsection (a), the Commission shall give priority to 
enforcement actions concerning companies with total 
United States wholesale or retail sales of consumer 
fuels in excess of $500,000,000 per year. 
(2) ENFORCEMENT
AT
RETAIL
LEVEL
BY 
STATE ATTORNEYS GENERAL.— 
(A) IN
GENERAL.—If the chief law en-
forcement officer of a State, or an official or 
agency designated by a State, has reason to be-
lieve that any person has violated or is violating 
subsection (a) involving a retail sale, the attor-
ney general, official, or agency of the State, in 
addition to any authority it may have to bring 
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an action in State court under its laws, may 
bring a civil action in any appropriate United 
States district court or in any other court of 
competent jurisdiction to— 
(i) enjoin further such violation by 
such person; 
(ii) enforce compliance with such sub-
section; 
(iii) obtain civil penalties; and 
(iv) obtain damages, restitution, or 
other compensation on behalf of residents 
of the State. 
(B) NOTICE.—The State shall serve writ-
ten notice to the Commission of any civil action 
under subparagraph (A) before initiating such 
civil action. The notice 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 in-
stituting such civil action. 
(C) AUTHORITY
TO
INTERVENE.—Upon 
receipt of the notice required by subparagraph 
(B), the Commission may intervene in such civil 
action and upon intervening— 
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(i) be heard on all matters arising in 
such civil action; and 
(ii) file petitions for appeal of a deci-
sion in such civil action. 
(D) CONSTRUCTION.—For purposes of 
bringing any civil action under subparagraph 
(A), nothing in this paragraph shall prevent the 
attorney general of a State from exercising the 
powers conferred on the attorney general by the 
laws of such State to conduct investigations or 
to administer oaths or affirmations or to compel 
the attendance of witnesses or the production of 
documentary and other evidence. 
(E) LIMITATION ON STATE ACTION WHILE 
FEDERAL ACTION IS PENDING.—If the Commis-
sion has instituted a civil action or an adminis-
trative action for violation of subsection (a), a 
State attorney general, or official or agency of 
a State, may not bring an action under this 
paragraph during the pendency of that action 
against any defendant named in the complaint 
of the Commission or another agency for any 
violation of this Act alleged in the complaint. 
(F) RULE OF CONSTRUCTION.—This para-
graph may not be construed to prohibit an au-
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thorized State official from proceeding in State 
court to enforce a civil or criminal statute of 
such State. 
(e) LOW INCOME ENERGY ASSISTANCE.— 
(1) DEPOSIT OF FUNDS.—Amounts collected in 
any penalty under subsection (d)(1) shall be depos-
ited in a separate fund in the Treasury to be known 
as the Consumer Relief Trust Fund. 
(2) USE OF FUNDS.—To the extent provided 
for in advance in appropriations Acts, the amounts 
deposited into the fund shall be used to provide as-
sistance under the Low Income Home Energy As-
sistance Program described in section 2602 of the 
Low-Income Home Energy Assistance Act of 1981 
(42 U.S.C. 8621) administered by the Secretary of 
Health and Human Services and the Weatherization 
Assistance Program established under part A of title 
IV of the Energy Conservation and Production Act 
(42 U.S.C. 6861 et seq.) administered by the Sec-
retary of Energy. 
(f) EFFECT ON OTHER LAWS.— 
(1) OTHER
AUTHORITY
OF
COMMISSION.— 
Nothing in this section may be construed to limit the 
authority of the Commission under the Federal 
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Trade Commission Act (15 U.S.C. 41 et seq.) or any 
other provision of law. 
(2) STATE LAW.—Nothing in this section pre-
empts any State law. 
(g) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(2) CONSUMER
FUEL.—The term ‘‘consumer 
fuel’’ includes gasoline, distillate fuel oil, jet fuel, liq-
uid propane, aviation gasoline, compressed natural 
gas, and biofuel (including ethanol, biomass-based 
diesel, and renewable blending components) used for 
transportation fuels, and home heating oil and liquid 
propane used for residential heating or residential 
energy generation. 
(3) RETAIL.—The term ‘‘retail’’, with respect 
to the sale of a consumer fuel, includes all sales to 
end users such as motorists as well as all direct 
sales to other end users such as agriculture, indus-
try, residential, and commercial consumers. 
(4) WHOLESALE.—The term ‘‘wholesale’’, with 
respect to the sale of a consumer fuel, means sale 
to any person for resale. 
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SEC. 3. AMENDMENTS TO THE PROHIBITIONS ON MARKET 
MANIPULATION AND FALSE INFORMATION 
PROVISIONS OF THE ENERGY INDEPEND-
ENCE AND SECURITY ACT OF 2007. 
(a) APPLICATION TO TRANSPORTATION FUEL.—Sub-
title B of title VIII of the Energy Independence and Secu-
rity Act of 2007 (42 U.S.C. 17301 et seq.) is amended— 
(1) in section 811, by striking ‘‘gasoline or pe-
troleum distillates’’ and inserting ‘‘or transportation 
fuel’’; 
(2) in section 812— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘gasoline or petroleum distillates’’ 
and inserting ‘‘or transportation fuel’’; and 
(B) in paragraph (3), by striking ‘‘, gaso-
line, or petroleum distillates’’ and inserting ‘‘or 
transportation fuel’’; and 
(3) by adding at the end the following new sec-
tion: 
‘‘SEC. 816. DEFINITION OF TRANSPORTATION FUEL. 
‘‘In this subtitle, the term ‘transportation fuel’ in-
cludes gasoline, distillate fuels (including heating oil), jet 
fuel, aviation gasoline, and biofuel (including ethanol, bio-
mass-based diesel and distillates, and renewable blending 
components).’’. 
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serting ‘‘Except as otherwise provided in section 814, this 
subtitle’’. 
(d) PENALTIES.—Section 814 of the Energy Inde-
pendence and Security Act of 2007 (42 U.S.C. 17304) is 
amended— 
(1) in subsection (a), by striking ‘‘$1,000,000’’ 
and inserting ‘‘$2,000,000’’; and 
(2) in subsection (b), by striking ‘‘section 5 of 
the Federal Trade Commission Act (15 U.S.C. 45)’’ 
and inserting ‘‘section 5(m)(1)(A) of the Federal 
Trade Commission Act (15 U.S.C. 45(m)(1)(A))’’. 
SEC. 4. TRANSPORTATION FUEL MARKET TRANSPARENCY. 
Section 205 of the Department of Energy Organiza-
tion Act (42 U.S.C. 7135) is amended by adding at the 
end the following: 
‘‘(n) TRANSPORTATION
FUEL
MARKET
TRANS-
PARENCY.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) ENERGY COMPANY.—The term ‘en-
ergy company’ means a person (as defined in 
section 11(e) of the Energy Supply and Envi-
ronmental Coordination Act of 1974 (15 U.S.C. 
796(e))) that— 
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‘‘(i) owns or controls commercial 
amounts of crude oil or transportation 
fuel; or 
‘‘(ii) is engaged in— 
‘‘(I) exploration for, or develop-
ment of, crude oil; 
‘‘(II) extraction of crude oil; 
‘‘(III) refining or otherwise proc-
essing crude oil or transportation fuel; 
‘‘(IV) 
commercial 
storage 
of 
crude oil or transportation fuel; 
‘‘(V) 
transportation 
by 
any 
means of commercial amounts of 
crude oil or transportation fuel; or 
‘‘(VI) wholesale or retail distribu-
tion of crude oil or transportation 
fuel. 
‘‘(B) TRANSPORTATION FUEL.—The term 
‘transportation fuel’ means— 
‘‘(i) gasoline; 
‘‘(ii) distillate fuels, including heating 
oil; 
‘‘(iii) jet fuel; 
‘‘(iv) aviation gasoline; and 
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‘‘(v) biofuel, including ethanol, bio-
mass-based diesel and distillates, and re-
newable blending components. 
‘‘(2) PURPOSE.—The purpose of this subsection 
is to collect data necessary to facilitate transparent 
and competitive transportation fuel markets, deter-
mine adherence to relevant international sanctions, 
and protect consumers. 
‘‘(3) SURVEYS.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall conduct surveys of energy companies to 
collect detailed and timely information on 
United States crude oil and transportation fuel 
markets. 
‘‘(B) 
EXEMPTION.—The 
Administrator 
shall exempt an energy company from partici-
pating in the surveys conducted under subpara-
graph (A) if the energy company has a de mini-
mis market presence or impact, as determined 
by the Administrator. 
‘‘(4) DATA COLLECTED.— 
‘‘(A) IN
GENERAL.—The surveys con-
ducted under paragraph (3) shall collect infor-
mation on a national, regional, State, and en-
ergy company basis. 
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‘‘(B) INFORMATION.—The surveys con-
ducted under paragraph (3) shall collect the fol-
lowing information with respect to crude oil and 
transportation fuel, as applicable: 
‘‘(i) The quantity of crude oil and 
transportation fuel imported and exported. 
‘‘(ii) The quantity of crude oil and 
transportation fuel refined, stored, and 
transported. 
‘‘(iii) The quantity of crude oil and 
transportation fuel entering final retail and 
commercial commerce. 
‘‘(iv) The quantity of crude oil and 
transportation fuel purchased and sold at 
any upstream point between energy compa-
nies, including off-exchange bilateral sales 
and sales between subsidiaries of the same 
energy company. 
‘‘(v) Market price data for the trans-
actions described in clauses (i) through 
(iv). 
‘‘(vi) Submissions to relevant price re-
porting entities. 
‘‘(vii) Any other such data, analyses, 
or evaluations that the Administrator de-
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termines is necessary to achieve the pur-
pose described in paragraph (2). 
‘‘(C) ORIGIN OF FUEL.—In obtaining the 
information described in subparagraph (B), the 
Administrator shall, to the maximum extent 
practicable, track and publish the country of 
original production of crude oil and transpor-
tation fuel that may have been resold, refined, 
blended, stored, or otherwise been exchanged or 
sold before being imported or exported into the 
United States. 
‘‘(D) OTHER
SOURCES.—The Adminis-
trator may, when practicable and determined 
reliable by the Administrator, obtain informa-
tion described in subparagraph (B) from pri-
vate price publishers and providers of trade 
processing services. 
‘‘(5) MINIMIZING REPORTING BURDENS.—The 
Administrator shall seek to minimize any burdens on 
energy companies in reporting information to the 
Administrator, including by automating data sub-
mission practices for data collected under the sur-
veys conducted under paragraph (3). 
‘‘(6) PUBLIC DISTRIBUTION.— 
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‘‘(A) IN GENERAL.—To the maximum ex-
tent practicable, subject to this paragraph, the 
Administrator shall consistently and promptly 
make publicly available analyses of the results 
of the data collected pursuant to this subsection 
in a form and manner easily adaptable for pub-
lic use and machine analysis. 
‘‘(B) GEOGRAPHICAL SPECIFICITY.—Anal-
yses published under subparagraph (A)— 
‘‘(i) shall be geographically specific 
enough to provide meaningful differentia-
tion between fuel markets; and 
‘‘(ii) shall not organize geographical 
data in the form of Petroleum Administra-
tion for Defense Districts or other geo-
graphic aggregations lacking sufficient res-
olution to ascertain regionally specific mar-
ket trends or disparities. 
‘‘(C) NONDISCLOSURE.—Any analysis pub-
lished under subparagraph (A) shall not dis-
close matters exempted from mandatory disclo-
sure under section 552(b) of title 5, United 
States Code. 
‘‘(7) DATA-SHARING AGREEMENTS.— 
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