,,ii ,calendar ,no4 #cgc #aagth ,,congress #b;d ,session ,h4 ,r4 #gfhh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ai 7legislative day1 ,may #ag71 #bjbb,received2 read the first time ,may #ai1 #bjbb,read the second time and placed on the calendar ,,an ,,act ,to protect consumers from price-gouging of consumer fuels1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,consumer ,fuel ,price ,gouging ,prevention ,act4 #b4 ,unconscionable pricing of consumer fuels during emergencies 7a7 ,unconscionable pricing 7#a7 ,in general ,it shall be unlawful for any person to sell a consumer fuel1 at wholesale or retail1 in an area and during a period of an energy emergency covered by a proclamation issued under paragraph 7#b7 at a price that-- 7,a7 is unconscionably excessive2 and 7,b7 indicates the seller is exploiting the circumstances related to an energy emergency to increase prices unreasonably4 7#b7 ,energy emergency proclamation 7,a7 ,in general ,the ,president may issue an energy emergency proclamation for any area within the jurisdiction of the ,united ,states1 during which the prohibition in paragraph 7#a7 shall apply1 that includes the geographic area covered1 the consumer fuel covered1 and the time period that such proclamation shall be in effect4 7,b7 ,duration ,the proclamation-- 7i7 may not apply for a period of more than #cj consecutive days1 but may be renewed for such consecutive periods1 each not to exceed #cj days1 as the ,president determines appropriate2 and 7ii7 may include a period of time not to exceed #a week before a reasonably foreseeable emergency4 7#c7 ,factors considered 7,a7 ,in general ,in determining whether a person has violated paragraph 7#a71 there shall be taken into account1 among other factors1 the aggravating factors described in subparagraph 7,b7 and the mitigating factor described in subparagraph 7,c74 7,b7 ,aggravating factors ,the aggravating factors described in this subparagraph are the following3 7i7 ,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-- 7,i7 the #cj-;day period before the date on which the proclamation was issued2 or 7,,ii7 another appropriate benchmark period1 as determined by the ,commission4 7ii7 ,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 period4 7,c7 ,mitigating factor ,the mitigating factor described in this subparagraph is whether the quantity of any consumer fuel such person produced1 distributed1 or sold in an area covered by the proclamation during the #cj-;day period following the date on which the proclamation was issued increased over the quantity such person produced1 distributed1 or sold during the #cj-;day period before the date on which the proclamation was issued1 taking into account any usual seasonal demand variation4 7b7 ,affirmative defense ,it shall be an affirmative defense in any civil action or administrative action to enforce subsection 7a71 with respect to the sale1 at wholesale or retail1 of a consumer fuel by a person1 that the increase in the price of such consumer fuel reasonably reflects additional costs that were paid1 incurred1 or reasonably anticipated by such person1 or reasonably reflects additional risks taken by such person1 to produce1 distribute1 obtain1 or sell such consumer fuel under the circumstances4 7c7 ,rule of construction ,this section may not be construed to cover a transaction on a futures market4 7d7 ,enforcement 7#a7 ,federal ,trade ,commission ,a violation of subsection 7a7 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 ,the ,federal ,trade ,commission shall enforce this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act were incorporated into and made a part of this section4 ,in enforcing subsection 7a71 the ,commission shall give priority to enforcement actions concerning companies with total ,united ,states wholesale or retail sales of consumer fuels in excess of #ejj1jjj1jjj per year4 7#b7 ,enforcement at retail level by ,state attorneys general 7,a7 ,in general ,if the chief law enforcement officer of a ,state1 or an official or agency designated by a ,state1 has reason to believe that any person has violated or is violating subsection 7a7 involving a retail sale1 the attorney general1 official1 or agency of the ,state1 in addition to any authority it may have to bring an action in ,state court under its laws1 may bring a civil action in any appropriate ,united ,states district court or in any other court of competent jurisdiction to-- 7i7 enjoin further such violation by such person2 7ii7 enforce compliance with such subsection2 7iii7 obtain civil penalties2 and 7iv7 obtain damages1 restitution1 or other compensation on behalf of residents of the ,state4 7,b7 ,notice ,the ,state shall serve written notice to the ,commission of any civil action under subparagraph 7,a7 before initiating such civil action4 ,the notice shall include a copy of the complaint to be filed to initiate such civil action1 except that if it is not feasible for the ,state to provide such prior notice1 the ,state shall provide such notice immediately upon instituting such civil action4 7,c7 ,authority to intervene ,upon receipt of the notice required by subparagraph 7,b71 the ,commission may intervene in such civil action and upon intervening-- 7i7 be heard on all matters arising in such civil action2 and 7ii7 file petitions for appeal of a decision in such civil action4 7,d7 ,construction ,for purposes of bringing any civil action under subparagraph 7,a71 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 evidence4 7,e7 ,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 7a71 a ,state attorney general1 or official or agency of a ,state1 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 complaint4 7,f7 ,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 ,state4 7e7 ,low income energy assistance 7#a7 ,deposit of funds ,amounts collected in any penalty under subsection 7d77#a7 shall be deposited in a separate fund in the ,treasury to be known as the ,consumer ,relief ,trust ,fund4 7#b7 ,use of funds ,to the extent provided for in advance in appropriations ,acts1 the amounts deposited into the fund shall be used to provide assistance under the ,low ,income ,home ,energy ,assistance ,program described in section #bfjb of the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfba7 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 7#db ,u4,s4,c4 #fhfa et seq47 administered by the ,secretary of ,energy4 7f7 ,effect on other laws 7#a7 ,other authority of ,commission ,nothing in this section may be construed to limit the authority of the ,commission under the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 or any other provision of law4 7#b7 ,state law ,nothing in this section preempts any ,state law4 7g7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,consumer fuel ,the term consumer fuel includes gasoline1 distillate fuel oil1 jet fuel1 liquid propane1 aviation gasoline1 compressed natural gas1 and biofuel 7including ethanol1 biomass-based diesel1 and renewable blending components7 used for transportation fuels1 and home heating oil and liquid propane used for residential heating or residential energy generation4 7#c7 ,retail ,the term retail1 with respect to the sale of a consumer fuel1 includes all sales to end users such as motorists as well as all direct sales to other end users such as agriculture1 industry1 residential1 and commercial consumers4 7#d7 ,wholesale ,the term wholesale1 with respect to the sale of a consumer fuel1 means sale to any person for resale4 #c4 ,amendments to the prohibitions on market manipulation and false information provisions of the ,energy ,independence and ,security ,act of #bjjg 7a7 ,application to transportation fuel ,subtitle ,b of title ,,viii of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agcja et seq47 is amended-- 7#a7 in section #haa1 by striking gasoline or petroleum distillates and inserting or transportation fuel2 7#b7 in section #hab-- 7,a7 in the matter preceding paragraph 7#a71 by striking gasoline or petroleum distillates and inserting or transportation fuel2 and 7,b7 in paragraph 7#c71 by striking 1 gasoline1 or petroleum distillates and inserting or transportation fuel2 and 7#c7 by adding at the end the following new section3 #haf4 ,definition of transportation fuel ,in this subtitle1 the term transportation fuel includes gasoline1 distillate fuels 7including heating oil71 jet fuel1 aviation gasoline1 and biofuel 7including ethanol1 biomass-based diesel and distillates1 and renewable blending components74 4 7b7 ,prohibition on false information ,section #hab of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agcjb7 is amended-- 7#a7 in the matter preceding paragraph 7#a7-- 7,a7 by striking wholesale and inserting supply of1 operational actions related to1 output related to1 or wholesale2 and 7,b7 by striking to a ,federal department or agency2 7#b7 in paragraph 7#a71 by adding and at the end2 7#c7 by striking paragraph 7#b7 and redesignating paragraph 7#c71 as amended by subsection 7a71 as paragraph 7#b72 and 7#d7 in paragraph 7#b71 as so redesignated1 by striking the person intended the false or misleading data to affect data compiled by the department or agency and inserting the false or misleading information reported by the person affected analyses or data compiled by a ,federal department or agency or a private sector price-reporting agency4 7c7 ,enforcement ,section #hac7;a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agcjc7;a77 is amended by striking ,this subtitle and inserting ,except as otherwise provided in section #had1 this subtitle4 7d7 ,penalties ,section #had of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agcjd7 is amended-- 7#a7 in subsection 7a71 by striking #a1jjj1jjj and inserting #b1jjj1jjj2 and 7#b7 in subsection 7b71 by striking section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 and inserting section #e7m77#a77;,a7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7m77#a77;,a774 #d4 ,transportation fuel market transparency ,section #bje of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gace7 is amended by adding at the end the following3 7n7 ,transportation fuel market transparency 7#a7 ,definitions ,in this subsection3 7,a7 ,energy company ,the term energy company means a person 7as defined in section #aa7;e7 of the ,energy ,supply and ,environmental ,coordination ,act of #aigd 7#ae ,u4,s4,c4 #gif7;e777 that-- 7i7 owns or controls commercial amounts of crude oil or transportation fuel2 or 7ii7 is engaged in-- 7,i7 exploration for1 or development of1 crude oil2 7,,ii7 extraction of crude oil2 7,,iii7 refining or otherwise processing crude oil or transportation fuel2 7,,iv7 commercial storage of crude oil or transportation fuel2 7,v7 transportation by any means of commercial amounts of crude oil or transportation fuel2 or 7,,vi7 wholesale or retail distribution of crude oil or transportation fuel4 7,b7 ,transportation fuel ,the term transportation fuel means-- 7i7 gasoline2 7ii7 distillate fuels1 including heating oil2 7iii7 jet fuel2 7iv7 aviation gasoline2 and 7v7 biofuel1 including ethanol1 biomass-based diesel and distillates1 and renewable blending components4 7#b7 ,purpose ,the purpose of this subsection is to collect data necessary to facilitate transparent and competitive transportation fuel markets1 determine adherence to relevant international sanctions1 and protect consumers4 7#c7 ,surveys 7,a7 ,in general ,the ,administrator shall conduct surveys of energy companies to collect detailed and timely information on ,united ,states crude oil and transportation fuel markets4 7,b7 ,exemption ,the ,administrator shall exempt an energy company from participating in the surveys conducted under subparagraph 7,a7 if the energy company has a de minimis market presence or impact1 as determined by the ,administrator4 7#d7 ,data collected 7,a7 ,in general ,the surveys conducted under paragraph 7#c7 shall collect information on a national1 regional1 ,state1 and energy company basis4 7,b7 ,information ,the surveys conducted under paragraph 7#c7 shall collect the following information with respect to crude oil and transportation fuel1 as applicable3 7i7 ,the quantity of crude oil and transportation fuel imported and exported4 7ii7 ,the quantity of crude oil and transportation fuel refined1 stored1 and transported4 7iii7 ,the quantity of crude oil and transportation fuel entering final retail and commercial commerce4 7iv7 ,the quantity of crude oil and transportation fuel purchased and sold at any upstream point between energy companies1 including off-exchange bilateral sales and sales between subsidiaries of the same energy company4 7v7 ,market price data for the transactions described in clauses 7i7 through 7iv74 7vi7 ,submissions to relevant price reporting entities4 7vii7 ,any other such data1 analyses1 or evaluations that the ,administrator determines is necessary to achieve the purpose described in paragraph 7#b74 7,c7 ,origin of fuel ,in obtaining the information described in subparagraph 7,b71 the ,administrator shall1 to the maximum extent practicable1 track and publish the country of original production of crude oil and transportation fuel that may have been resold1 refined1 blended1 stored1 or otherwise been exchanged or sold before being imported or exported into the ,united ,states4 7,d7 ,other sources ,the ,administrator may1 when practicable and determined reliable by the ,administrator1 obtain information described in subparagraph 7,b7 from private price publishers and providers of trade processing services4 7#e7 ,minimizing reporting burdens ,the ,administrator shall seek to minimize any burdens on energy companies in reporting information to the ,administrator1 including by automating data submission practices for data collected under the surveys conducted under paragraph 7#c74 7#f7 ,public distribution 7,a7 ,in general ,to the maximum extent practicable1 subject to this paragraph1 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 public use and machine analysis4 7,b7 ,geographical specificity ,analyses published under subparagraph 7,a7-- 7i7 shall be geographically specific enough to provide meaningful differentiation between fuel markets2 and 7ii7 shall not organize geographical data in the form of ,petroleum ,administration for ,defense ,districts or other geographic aggregations lacking sufficient resolution to ascertain regionally specific market trends or disparities4 7,c7 ,nondisclosure ,any analysis published under subparagraph 7,a7 shall not disclose matters exempted from mandatory disclosure under section #eeb7;b7 of title #e1 ,united ,states ,code4 7#g7 ,data-sharing agreements 7,a7 ,federal ,trade ,commission ,notwithstanding subchapter ,,iii of chapter #ce of title #dd1 ,united ,states ,code 7commonly known as the ,confidential ,information ,protection and ,statistical ,efficiency ,act of #bjah71 not later than #a year after the date of enactment of this subsection1 the ,administrator shall enter into a data-sharing agreement with the ,federal ,trade ,commission that shall allow any information collected pursuant to this subsection to be requested by and transferred to the ,federal ,trade ,commission without limitation or delay4 7,b7 ,other ,federal agencies ,the ,administrator may enter into data-sharing agreements with other ,federal agencies that have energy-related policy decision-making responsibilities1 including the ,commodity ,futures ,trading ,commission1 the ,federal ,energy ,regulatory ,commission1 and the ,securities and ,exchange ,commission4 7#h7 ,authorization of appropriations ,there are authorized to be appropriated to the ,administrator to carry out this section such sums as are necessary for each of fiscal years #bjbb through #bjbg4 4 #e4 ,,ftc investigation and report on gasoline prices 7a7 ,investigation 7#a7 ,in general ,the ,federal ,trade ,commission shall conduct an investigation to determine if the price of gasoline is being manipulated by reducing refinery capacity or by any other form of market manipulation or artificially increased by price gouging practices4 7#b7 ,consideration ,in conducting the investigation under paragraph 7#a71 the ,federal ,trade ,commission may consider the impact of mergers and acquisitions in the oil and gas industry1 including mergers and acquisitions involving producers1 refiners1 transporters1 and gas stations4 7b7 ,report ,not later than #bgj days after the date of the enactment of this ,act1 the ,federal ,trade ,commission shall submit to ,congress a report on the investigation conducted under subsection 7a71 including a long-term strategy for the ,commission and ,congress to address manipulation of oil and gas markets during times of national or international crisis or emergency4 7c7 ,exemption from ,paperwork ,reduction ,act ,chapter #ce of title #dd1 ,united ,states ,code1 shall not apply to the collection of information under subsection 7a74 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,federal ,trade ,commission to carry out this section #a1jjj1jjj for fiscal year #bjbc4 #f4 ,transportation fuel monitoring and enforcement within the ,federal ,trade ,commission 7a7 ,establishment of the transportation fuel monitoring and enforcement unit 7#a7 ,in general ,the ,commission shall establish within the ,commission the ,transportation ,fuel ,monitoring and ,enforcement ,unit 7in this section referred to as the ,unit74 7#b7 ,duties of the unit 7,a7 ,primary responsibility ,the primary responsibility of the ,unit shall be to assist the ,commission in protecting the public interest by continuously and comprehensively collecting1 monitoring1 and analyzing crude oil and transportation fuel market data in order to-- 7i7 support transparent and competitive market practices2 7ii7 identify any market manipulation1 reporting of false information1 use of market power to disadvantage consumers1 or other unfair method of competition2 and 7iii7 facilitate enforcement of penalties against persons in violation of relevant statutory prohibitions4 7,b7 ,specific duties ,in order to carry out the responsibility under subparagraph 7,a71 the ,unit shall assist the ,commission in carrying out the following duties3 7i7 ,receiving1 compiling1 and analyzing relevant buying and selling activity in order to identify and investigate anomalous market trends and suspicious behavior4 7ii7 ,determining whether excessive concentration or exclusive control of energy-related infrastructure may allow or result in anti-competitive behaviors4 7iii7 ,gathering evidence of wrongdoing against any person in violation of the statutory prohibitions on market manipulation and false information established in1 and consistent with1 subtitle ,b of title ,,viii of the ,energy ,independence and ,security ,act of #bjjg or any other applicable provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de et seq474 7iv7 ,obtaining a data-sharing agreement with the ,energy ,information ,administration that includes the data collected in accordance with section #bje7n7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gace74 7v7 ,obtaining data-sharing agreements with the ,commodities ,futures ,trading ,commission1 the ,federal ,energy ,regulatory ,commission1 and as necessary and practicable1 ,state energy offices or commissions1 and relevant public and private data sources that will allow the ,commission to receive and archive information on-- 7,i7 crude oil and transportation fuel buying and selling activity2 7,,ii7 individual physical and financial market positions of market participants regarding crude oil and transportation fuel2 7,,iii7 refinery output1 capacity1 and inventory levels of crude oil and transportation fuel2 7,,iv7 imports and exports of crude oil and transportation fuel within regions and at levels that could impact prices faced by consumers2 7,v7 public announcements by energy companies of planned pricing or output decisions regarding crude oil and transportation fuel2 and 7,,vi7 other relevant market information that will facilitate the gathering of evidence described in clause 7iii71 including sufficient market information necessary to monitor for cross-market manipulations that may include multiple financial and physical market positions4 7vi7 ,any other information determined appropriate by the ,commission to carry out the responsibility under subparagraph 7,a74 7b7 ,definitions ,in this section3 7#a7 ,commission ,other than in subsection 7a77#b77;,b77v71 the term ,commission means the ,federal ,trade ,commission4 7#b7 ,transportation fuel ,the term transportation fuel includes gasoline1 distillate fuels 7including heating oil71 jet fuel1 aviation gasoline1 and biofuel 7including ethanol1 biomass-based diesel and distillates1 and renewable blending components74 7c7 ,regulations ,not later than #ij days after the date of enactment of this ,act1 the ,commission shall promulgate regulations to carry out this section4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,commission such sums as may be necessary for each of fiscal years #bjbb through #bjbg to carry out this section4 ,passed the ,house of ,representatives ,may #ai1 #bjbb4;,cheryl ,l4 ,johnson1,clerk4 ,may #ai1 #bjbb,read the second time and placed on the calendar