I 
112TH CONGRESS 
1ST SESSION 
H. R. 964 
To protect consumers from price-gouging of gasoline and other fuels, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 9, 2011 
Mr. BISHOP of New York (for himself, Mr. MCNERNEY, Mr. WALZ of Min-
nesota, Mr. MCINTYRE, Mr. BRALEY of Iowa, Mr. YARMUTH, and Mr. 
CHANDLER) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce 
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.— 
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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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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. 
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 of this Act, 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.— 
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(1) IN
GENERAL.—Notwithstanding the pen-
alties set forth under the Federal Trade Commission 
Act, any person who violates section 2 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). 
(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. 
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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, 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. 
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 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. 
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