,,ii ,calendar ,no4 #ab #aahth ,,congress #ast ,session ,s4 #bei ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #b1 #bjbc,ms4 ,cantwell 7for herself1 ,ms4 ,cortez ,masto1 and ,mr4 ,wyden7 introduced the following bill2 which was read the first time ,february #g1 #bjbc,read the second time and placed on the calendar ,a ,,bill ,to ensure transparent and competitive transportation fuel markets in order to protect consumers from unwarranted price increases4 #a4 ,short title ,this ,act may be cited as the ,transportation ,fuel ,market ,transparency ,act4 #b4 ,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 person intended the false or misleading information reported by the person to affect the analyses4 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 #had7;b7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agcjd7;b77 is amended 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 #c4 ,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 potential market manipulation4 7ii7 ,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 #bjjg1 as amended by section #b1 or any other applicable provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de et seq474 7iii7 ,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 #gace71 as amended by section #d4 7iv7 ,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 7ii71 including sufficient market information necessary to monitor for cross-market manipulations that may include multiple financial and physical market positions4 7v7 ,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;,b77iv71 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 #bjbc through #bjbh to carry out this section4 #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 4 7#i7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this section such sums as are necessary for each of fiscal years #bjbc through #bjbh4 4 #e4 ,report on ,,ftc enforcement actions based on the market manipulation and false information provisions of the ,energy ,independence and ,security ,act of #bjjg 7a7 ,report ,not later than #ij days after the date of enactment of this ,act1 the ,federal ,trade ,commission 7in this section referred to as the ,commission7 shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report regarding the enforcement actions of the ,commission against prohibited market manipulation or false information under section #hac of the ,energy ,independence and ,security ,act of #bjjg 7 #db ,u4,s4,c4 #agcjc7 during the calendar year commencing on ,january #a1 #bjbb1 and the preceding #e calendar years4 7b7 ,report contents ,the report required under subsection 7a7 shall include1 for each calendar year-- 7#a7 the number of enforcement actions initiated2 and 7#b7 the number of enforcement actions completed1 including-- 7,a7 the number of such actions that resulted in a violation of section #haa or #hab of the ,energy ,independence and ,security ,act of #bjjg 7 #db ,u4,s4,c4 #agcja1 #agcjb71 including-- 7i7 the average number of violations per enforcement action2 7ii7 the average civil penalty assessed in each enforcement action2 and 7iii7 the aggregate civil penalties collected by the ,commission during the calendar year2 and 7,b7 the number of such actions that resulted in a finding of no violation of such section #haa or #hab4 #f4 ,savings clause ,nothing in this ,act shall be construed to alter or expand the authority of the ,federal ,trade ,commission4 ,february #g1 #bjbc,read the second time and placed on the calendar