Title: Consumer Fuel Price Gouging Prevention Act
Policy area: Commerce

Summary:
Consumer Fuel Price Gouging Prevention Act  This bill prohibits any person from selling, during a proclaimed energy emergency, a consumer fuel at a price that (1) is unconscionably excessive, and (2) indicates that the seller is exploiting the emergency to increase prices unreasonably. The President may issue a proclamation of such an emergency that specifies the consumer fuel and geographic area covered and how long the proclamation applies.
The bill provides for enforcement of these provisions by the Federal Trade Commission and state attorneys general. Civil penalties collected by the commission through such enforcement must be used to provide assistance under the Low Income Home Energy Assistance Program.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7688 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 7688

  To protect consumers from price-gouging of consumer fuels, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 2022

Ms. Schrier (for herself and Ms. Porter) introduced the following bill; 
  which was referred to the Committee on Energy and Commerce, and in 
 addition to the Committee on Education and Labor, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
  To protect consumers from price-gouging of consumer fuels, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives 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, in an area and 
        during a period of an energy emergency covered by a 
        proclamation issued under paragraph (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 paragraph (1) shall apply, that includes 
                the geographic area covered, the consumer fuel 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 renewed for 
                        such consecutive periods, each not to exceed 30 
                        days, as the President determines appropriate; 
                        and
                            (ii) may include a period of time not to 
                        exceed 1 week before a reasonably foreseeable 
                        emergency.
            (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 subparagraph (C).
                    (B) Aggravating factors.--The aggravating 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 offered for sale by 
                        such person during--
                                    (I) the 30-day period before the 
                                date on which the proclamation was 
                                issued; or
                                    (II) another appropriate benchmark 
                                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 from other sellers 
                        during the energy emergency period.
                    (C) Mitigating factor.--The mitigating factor 
                described in this subparagraph is whether the quantity 
                of any consumer fuel such person produced, distributed, 
                or sold in an area covered by the proclamation during 
                the 30-day period following the date on which the 
                proclamation was issued increased over the quantity 
                such person produced, distributed, or sold during the 
                30-day period before the date on which the proclamation 
                was issued, taking into account any usual seasonal 
                demand variation.
    (b) Affirmative Defense.--It shall be an affirmative defense in any 
civil action or administrative action to enforce subsection (a), with 
respect to the sale, at wholesale or retail, of a consumer fuel by a 
person, that the increase in the price of such consumer fuel reasonably 
reflects additional costs that were paid, incurred, or reasonably 
anticipated by such person, or reasonably reflects additional risks 
taken by such person, to produce, distribute, obtain, or sell such 
consumer fuel under the circumstances.
    (c) Rule of Construction.--This section may not be construed to 
cover a transaction on a futures market.
    (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 enforcement 
                officer of a State, or an official or agency designated 
                by a State, has reason to believe that any person has 
                violated or is violating subsection (a) involving a 
                retail sale, the attorney general, official, or agency 
                of the State, in addition to any authority it may have 
                to bring 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 
                        subsection;
                            (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 written 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 instituting 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--
                            (i) be heard on all matters arising in such 
                        civil action; and
                            (ii) file petitions for appeal of a 
                        decision 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 Commission has instituted a civil 
                action or an administrative 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 paragraph may not 
                be construed to prohibit an authorized 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 deposited 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 assistance under the Low Income Home Energy 
        Assistance 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 Secretary 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 Trade Commission Act (15 U.S.C. 41 et seq.) or any 
        other provision of law.
            (2) State law.--Nothing in this section preempts 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, liquid 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, industry, 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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