H.R. 964House112th Congress (2011-2013)In Committee

Federal Price Gouging Prevention Act

Introduced March 9, 2011

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Commerce, Manufacturing, and Trade.

March 14, 2011

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HouseIntro Referral

Introduced in House

March 9, 2011

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

March 9, 2011

HouseCommittee

Referred to the Subcommittee on Commerce, Manufacturing, and Trade.

March 14, 2011

Floor Debate

18 members

What members said about H.R. 964 on the floor

7 Republicans11 Democrats
Virginia Foxx
Rep. Virginia FoxxR-NC-5 · May 24, 2011

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 269 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

James P. McGovern
Rep. James P. McGovernD-MA-3 · May 24, 2011

Mr. Speaker, I want to thank the gentlelady from North Carolina and my friend, Dr. Foxx, for yielding me the customary 30 minutes, and I yield myself such time as I may consume. (Mr. McGOVERN asked…

Jared Polis
Rep. Jared PolisD-CO-2 · Mar 9, 2011

Mr. Speaker, I thank the gentleman from Utah for the time, and I yield myself such time as I may consume. Mr. Speaker, now more than ever it's critical that we focus our efforts on creating jobs,…

Rob Bishop
Rep. Rob BishopR-UT-1 · Mar 6, 2012

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 570 and ask for its immediate consideration. Madam Speaker, for the purposes of debate only, I yield the customary 30…

Rob Bishop
Rep. Rob BishopR-UT-1 · Mar 9, 2011

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 150 and ask for its immediate consideration. Mr. Speaker, for purposes of debate only, I yield the customary 30 minutes…

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Rob Bishop
Rep. Rob BishopR-UT-1 · Feb 29, 2012

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 566 and ask for its immediate consideration. Mr. Speaker, for purposes of debate only, I yield the customary 30 minutes…

Jared Polis
Rep. Jared PolisD-CO-2 · Feb 29, 2012

Mr. Speaker, I thank the gentleman for yielding me the 30 minutes, and I yield myself such time as I may consume. I'd like to begin by acknowledging the service of David Timothy Dreier to this House…

Devin Nunes
Rep. Devin NunesR-CA-21 · Feb 29, 2012

Mr. Speaker, will the gentleman yield for a colloquy, please? Mr. Speaker, I was asking my good friend from Colorado to enter into a colloquy with me, and that's okay. But I do want to say that the…

Robert J. Dold
Rep. Robert J. DoldR-IL-10 · Mar 9, 2011

I thank the gentleman from Utah for yielding, and I certainly want to take this opportunity to outline what this program has been. It is undeniable that this program has been what anybody that looks…

Tom McClintock
Rep. Tom McClintockR-CA-4 · Feb 29, 2012

I thank the gentleman for yielding. Mr. Speaker, in 2009 and again in 2010, hundreds of billions of gallons of contracted water were expropriated from California farms and instead dumped into the…

Louise McIntosh Slaughter
Rep. Louise McIntosh SlaughterD-NY-28 · Mar 6, 2012

I thank the gentleman from Utah for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Madam Speaker, in my home State of New York, unemployment continues to remain…

Tom McClintock
Rep. Tom McClintockR-CA-4 · Mar 6, 2012

I thank the gentleman for yielding. Madam Speaker, this rule brings to the floor one of the most simple and sensible bills on energy development that we have yet heard. It is H.R. 2842, offered by…

George Miller
Rep. George MillerD-CA-7 · Feb 29, 2012

I thank the gentleman for yielding, and I rise in opposition to the rule, and I rise in opposition to the legislation. There is going to be an argument today about science. This bill makes it very…

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Jeff Denham
Rep. Jeff DenhamR-CA-19 · Feb 29, 2012

Thank you. I appreciate the opportunity to talk on this not only in support of the rule, but in support of the bill. This is something we went through in committee with very great debate, but it goes…

Robert E. Andrews
Rep. Robert E. AndrewsD-NJ-1 · Mar 9, 2011

I thank my friend from Colorado for yielding. Mr. Speaker, I would venture to say that if we went to a mall this afternoon in our country, or a diner, or some other place where people gather--maybe…

Dennis J. Kucinich
Rep. Dennis J. KucinichD-OH-10 · May 24, 2011

Thank you very much, Mr. McGovern. And to my friend on the other side of the aisle, I want to say that I will be offering an amendment to the defense authorization bill which would defund the war in…

Scott R. Tipton
Rep. Scott R. TiptonR-CO-3 · Mar 6, 2012

As a sponsor of this bipartisan legislation, I support the rule on H.R. 2842, and I encourage an open debate because I believe the merits of this bill will speak for themselves. H.R. 2842 is a…

Robert E. Andrews
Rep. Robert E. AndrewsD-NJ-1 · Mar 6, 2012

I thank the gentlelady for yielding. Madam Speaker, 180 days ago, the President of the United States came to this Chamber and laid out before the country and the Congress some very specific proposals…

Timothy H. Bishop
Rep. Timothy H. BishopD-NY-1 · Mar 6, 2012

I thank the gentlelady for yielding. I rise in opposition to the rule and in support of moving the previous question. This motion would amend the bill with strong provisions to stop price gouging at…

Carolyn B. Maloney
Rep. Carolyn B. MaloneyD-NY-14 · Mar 9, 2011

I thank the gentleman for yielding. Mr. Speaker, I rise in opposition to the rule and in support of the FHA refinancing bill that is one of four bills that will be on the floor coming out of the…

Jared Polis
Rep. Jared PolisD-CO-2 · May 24, 2011

Mr. Speaker, I rise in opposition to the rule and the underlying bill in its current form. By delaying the repeal of Don't Ask, Don't Tell, this bill will weaken our Armed Forces and further confuse…

Doris O. Matsui
Rep. Doris O. MatsuiD-CA-5 · Feb 29, 2012

I thank the gentleman for yielding me time. Mr. Speaker, I rise in strong opposition to this rule and to this bill. The issue of water in California has been debated for many decades because it is…

John Garamendi
Rep. John GaramendiD-CA-10 · Feb 29, 2012

Mr. Speaker, I want to talk about two issues here, one of which was discussed by my colleague from California, which is the bill that will be up later this afternoon. While the rule allows for…

Mike Thompson
Rep. Mike ThompsonD-CA-1 · Feb 29, 2012

I thank the gentleman for yielding. Mr. Speaker and Members, I think it was Einstein that said: If you start with the wrong numbers in your equation, you can never get to the correct solution. What…

Bill Text

Latest available legislative text

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Introduced in HouseIssued March 9, 2011

I

112th CONGRESS

1st Session

H. R. 964

IN THE HOUSE OF REPRESENTATIVES

March 9, 2011

Mr. Bishop of New York (for himself, Mr. McNerney, Mr. Walz of Minnesota, Mr. McIntyre, Mr. Braley of Iowa, Mr. Yarmuth, and Mr. Chandler) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

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

1.

Short title

This Act may be cited as the Federal Price Gouging Prevention Act.

2.

Unconscionable pricing of gasoline and other petroleum distillates during emergencies

(a)

Unconscionable pricing

(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 affecting 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 advantage of the circumstances related to an international crisis to increase prices unreasonably.

(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 geographic area covered, the gasoline or other petroleum 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 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 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 petroleum distillate at a particular location in an area covered by a proclamation issued under paragraph (2) during the period such proclamation 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 petroleum distillate was readily obtainable in the same area from other competing sellers during the same period;

(iii)

reasonably reflected additional costs, not within the control of that person, that were paid, incurred, or reasonably anticipated by that person, or reflected additional 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) during 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 variations.

(b)

Definitions

As used in this section—

(1)

the term wholesale, with respect to sales of gasoline or other petroleum distillates, means either truckload or smaller sales of gasoline or petroleum distillates where title transfers at a product terminal or a refinery, and dealer tank wagon sales of gasoline or petroleum distillates priced on a delivered 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.

3.

Enforcement by the Federal Trade Commission

(a)

Enforcement by FTC

A violation of section 2 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 Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission 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 companies 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

(1)

In general

Notwithstanding the penalties 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 person through such violation; or

(B)

a civil penalty of not more than $100,000,000.

(2)

Method

The penalties provided by paragraph (1) shall be obtained in the same manner as civil penalties obtained under section 5 of the Federal Trade Commission Act (15 U.S.C. 45).

(3)

Multiple offenses; mitigating factors

In assessing the penalty provided by subsection (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 violation and the efforts of the person committing the violation to remedy the harm caused by the violation in a timely manner.

4.

Criminal penalties

(a)

In general

In addition to any penalty applicable 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 General 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.

5.

Enforcement at retail level by State attorneys general

(a)

In general

A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate 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 retail sale.

(b)

Notice

The State shall serve written notice to the Federal Trade Commission of any civil action under subsection (a) prior to 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 receiving the notice required by subsection (b), the Federal Trade Commission may intervene in such civil action and upon intervening—

(1)

be heard on all matters arising in such civil action; and

(2)

file petitions for appeal of a decision in such civil action.

(d)

Construction

For purposes of bringing any civil action under subsection (a), nothing in this section 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)

Venue; service of process

In a civil action brought under subsection (a)—

(1)

the venue shall be a judicial district in which—

(A)

the defendant operates;

(B)

the defendant was authorized to do business; or

(C)

the defendant in the civil action is found;

(2)

process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and

(3)

a person who participated with the defendant in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person.

(f)

Limitation on State action while Federal action is pending

If the Federal Trade Commission has instituted a civil action or an administrative action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Federal Trade Commission or the other agency for any violation of this Act alleged in the complaint.

(g)

Enforcement of State Law

Nothing contained in this section shall prohibit an authorized State official from proceeding in State court to enforce a civil or criminal statute of such State.

6.

Effect on other laws

(a)

Other authority of Federal Trade Commission

Nothing in this Act shall be construed to limit or affect in any way the Federal Trade Commission’s authority to bring enforcement actions or take any other measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other provision of law.

(b)

State law

Nothing in this Act preempts any State law.