H.R. 8698

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8698 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8698

To protect consumers from gasoline and fuel price gouging, and for 
other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 7, 2026

Ms. McDonald Rivet (for herself and Ms. Schrier) introduced the 
following bill; which was referred to the Committee on Energy and 
Commerce, and in addition to the Committee on Education and Workforce, 
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 gasoline and fuel price gouging, 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 ``Lower Prices at the Pump Act''.

SEC. 2. PROHIBITION ON EXCESSIVE PRICING OF GASOLINE AND FUELS DUE TO 
CONFLICT WITH IRAN.

(a) Prohibition.--No person may sell or offer for sale at wholesale 
or at retail, and during a period of time defined under subsection (b), 
gasoline or any other petroleum distillate at a price that--
(1) is unconscionably excessive; and
(2) indicates such person is taking unfair advantage of the 
circumstances related to such period described under subsection 
(b) to increase prices unreasonably.
(b) Period of Time.--The period of time described in this 
subsection begins on the date of the enactment of this Act and ends on 
the date on which the President, in consultation with the Speaker of 
the House of Representatives, the Majority Leader of the Senate, the 
Minority Leader of the House of Representatives, and the Minority 
Leader of the Senate--
(1) declares that military operations against Iran which 
began in March 2026 have ceased indefinitely; and
(2) determines and certifies to Congress that the Strait of 
Hormuz is fully open and global shipping through the Strait has 
resumed.
(c) Factors Considered.--In determining whether a person has 
violated subsection (a), the following factors shall be considered:
(1) Whether the price charged by such person for the 
gasoline or other petroleum distillate at a particular location 
in the United States meets any of the following 
characteristics:
(A) Grossly exceeds the average price at which such 
gasoline or other petroleum distillate was offered for 
sale by the person during the 30-day period prior to 
February 28, 2026.
(B) Grossly exceeds the price at which the same or 
similar gasoline or other petroleum distillate was 
readily obtainable in such location from competing 
sellers during such period.
(C) Reasonably reflects--
(i) additional costs not within the control 
of the person that were paid, incurred, or 
reasonably anticipated by the person; or
(ii) additional risks taken by the person 
to produce, distribute, obtain, or sell the 
relevant gasoline or other petroleum distillate 
under the circumstances.
(D) Is substantially attributable to local, 
regional, national, or international market conditions.
(2) Whether the quantity of gasoline or other petroleum 
distillate the person produced, distributed, or sold at a 
particular location in the United States increased over the 
quantity that the person produced, distributed, or sold during 
the 30-day period prior to February 28, 2026, in such location.

SEC. 3. ENFORCEMENT.

(a) Enforcement by Commission.--
(1) Unfair or deceptive acts or practices.--A violation of 
section 2(a) shall be treated as a violation of a regulation 
under section 18(a)(1)(B) of the Federal Trade Commission Act 
(15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or 
practices.
(2) Powers of commission.--The Commission shall enforce 
section 2(a) 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 (15 U.S.C. 41 et seq.) were incorporated into and made a 
part of this Act, and any person who violates such section 
shall be subject to the penalties and entitled to the 
privileges and immunities provided in the Federal Trade 
Commission Act.
(b) Actions by States.--
(1) In general.--In any case in which the attorney general 
of a State government, or an official or agency of a State, has 
reason to believe that an interest of the residents of such 
State has been or is threatened or adversely affected by an act 
or practice in violation of section 2(a), the State, as parens 
patriae, may bring a civil action on behalf of the residents of 
the State in an appropriate district court of the United States 
to--
(A) enjoin such act or practice;
(B) enforce compliance with such section;
(C) obtain damages, restitution, or other 
compensation on behalf of residents of the State; or
(D) obtain such other legal and equitable relief as 
the court may consider to be appropriate.
(2) Notice.--Before filing an action under this subsection, 
the attorney general, official, or agency of the State involved 
shall provide to the Commission a written notice of such action 
and a copy of the complaint for such action. If the attorney 
general, official, or agency determines that it is not feasible 
to provide the notice described in this paragraph before the 
filing of the action, the attorney general, official, or agency 
shall provide written notice of the action and a copy of the 
complaint to the Commission immediately upon the filing of the 
action.
(3) Authority of commission.--
(A) In general.--On receiving notice under 
paragraph (2) of an action under this subsection, the 
Commission shall have the right--
(i) to intervene in the action;
(ii) upon so intervening, to be heard on 
all matters arising therein; and
(iii) to file petitions for appeal.
(B) Limitation on state action while federal action 
is pending.--If the Commission or the Attorney General 
of the United States has instituted a civil action for 
violation of section 2(a) (referred to in this 
subparagraph as the ``Federal action''), no State 
attorney general, official, or agency may bring an 
action under this subsection during the pendency of the 
Federal action against any defendant named in the 
complaint in the Federal action for any violation of 
such section alleged in such complaint.
(4) Rule of construction.--For purposes of bringing a civil 
action under this subsection, nothing in this Act shall be 
construed to prevent an attorney general, official, or agency 
of a State from exercising the powers conferred on the attorney 
general, official, or agency by the laws of such State to 
conduct investigations, administer oaths and affirmations, or 
compel the attendance of witnesses or the production of 
documentary and other evidence.
(c) Criminal Penalties.--
(1) In general.--In addition to any other penalty 
applicable under this section, any person who violates section 
2 shall be fined under title 18, United States Code, in an 
amount not to exceed $500,000,000.
(2) Enforcement.--The criminal penalty provided by 
paragraph (1) 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.
(d) Deposit of Funds.--Amounts collected in any penalty under this 
section shall be deposited in a separate fund in the Treasury to be 
known as the Consumer Relief Trust Fund.
(e) Use of Funds.--The amounts deposited into the fund described in 
subsection (d) 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.

SEC. 4. DEFINITIONS.

In this Act:
(1) Commission.--The term ``Commission'' means the Federal 
Trade Commission.
(2) Retail.--The term ``retail'', with respect to the sale 
of gasoline or any other petroleum distillate, includes--
(A) any sale to an end user, such as a motorist; 
and
(B) any direct sale to another end user, such as 
agriculture, industry, residential, and commercial 
consumers.
(3) Wholesale.--The term ``wholesale'', with respect to the 
sale of gasoline or any other petroleum distillate, means--
(A) truckload or smaller sales of gasoline or other 
petroleum distillates for which title transfers at a 
product terminal or a refinery; and
(B) dealer tank wagon sales of gasoline or other 
petroleum distillates priced on a delivered basis to 
retail outlets.

SEC. 5. EFFECT ON OTHER LAWS.

(a) Other Authority of Commission.--Nothing in this Act may be 
construed to limit or affect in any way the authority of the Commission 
to bring an enforcement action 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 may be construed to preempt any 
State law.
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