2022: Fitzpatrick Voted Against An Amendment That Established A FTC
Transportation Fuel Monitoring And Enforcement Unit To Collect Crude Oil
And Transportation Fuel Market Data, Identify Market Manipulation And
False Importation, And Enforce Penalties. In May 2022, according to
Congressional Quarterly, Fitzpatrick voted against an amendment to the
Consumer Fuel Price Gouging Prevention Act, which would "require the
Federal Trade Commission to establish a transportation fuel monitoring
and enforcement unit tasked with collecting and analyzing crude oil and
transportation fuel market data to support transparent market prices;
identify market manipulation and false information reporting; and
facilitate penalty enforcement for violations of relevant statutory
prohibitions. It would authorize such sums as necessary through fiscal
2027 for such activities." The vote was on the adoption of an amendment.
The House adopted the amendment by a vote of 214-207. [House Vote 230,
5/19/22; Congressional
Quarterly, 5/19/22;
Congressional Actions, H.Amdt.
215;
Congressional Actions, H.R.
7688]
2022: Fitzpatrick Voted Against An Amendment That Authorized $1
Million To The Federal Trade Commission To Determine Whether The Price
Of Gasoline Was Being Manipulated Or Artificially Increased By Price
Gouging. In May 2022, according to Congressional Quarterly,
Fitzpatrick voted against an amendment to the Consumer Fuel Price
Gouging Prevention Act, which would "authorize $1 million for fiscal
2023 for the Federal Trade Commission to conduct an investigation to
determine if the price of gasoline is being manipulated by reducing
refinery capacity or any other form of market manipulation or being
artificially increased by price gouging practices, including to consider
the impact of mergers and acquisitions in the oil and gas industry. It
would require the FTC to report to Congress on the investigation within
270 days of enactment and provide a long-term strategy to address oil
and gas market manipulation during times of national or international
crisis or emergency." The vote was on the adoption of an amendment. The
House adopted the amendment by a vote of 217-205. [House Vote 229,
5/19/22; Congressional
Quarterly, 5/19/22;
Congressional Actions, H.Amdt.
214;
Congressional Actions, H.R.
7688]
2022: Fitzpatrick Effectively Voted Against An Amendment That Doubled
The Penalty For Market Manipulation And Sharing False Information
Regarding Fuel Pricing By Suppliers To $2 Million. In May 2022,
according to Congressional Quarterly, Fitzpatrick effectively voted
against the manager's amendment to the Consumer Fuel Price Gouging
Prevention Act, which would "update existing law prohibiting market
manipulation and the sharing of false information relating to
transportation fuel pricing by a supplier, including to double the
penalty for such violations to $2 million." The vote was on the
adoption of the rule. The House adopted the rule by a vote of 218-202,
thus the manager's amendment was automatically adopted. [House Vote
209, 5/18/22;
Congressional Quarterly,
5/18/22; Congressional Actions,
H.R.
7688;
Congressional Actions, H.Res.
1124]
2022: Fitzpatrick Voted Against Prohibiting The Sale Of Consumer Fuel
At Excessive Costs During An Energy Emergency Declared By The
President. In May 2022, according to Congressional Quarterly,
Fitzpatrick voted against the Consumer Fuel Price Gouging Prevention
Act, which would "prohibit the sale of consumer fuel at excessive costs
during a presidentially declared energy emergency. Specifically, the
bill would allow the president to issue an energy emergency proclamation
for any U.S. area for a renewable period of up to 30 days. During an
energy emergency period, it would prohibit the sale of consumer fuel at
a price that is 'unconscionably excessive' and indicates that the seller
is 'exploiting' the circumstances of the emergency to unreasonably
increase prices." The vote was on passage. The House passed the bill by
a vote of 217-207, thus the bill was sent to the Senate. [House Vote
232, 5/19/22;
Congressional Quarterly,
5/19/22; Congressional
Actions, H.R.
7688]
The Bill Would Instruct The Federal Trade Commission To Enforce
Fuel Price Gouging Violations, Establish Affirmative Defense For
Civil And Administrative Lawsuits To Enforce Violations, And Specify
The Factors In Determining The Violations Of Fuel Price Gouging.
According to Congressional Quarterly, "It would direct the Federal
Trade Commission to enforce such violations under existing law
related to unfair or deceptive practices. It would establish an
affirmative defense for civil and administrative action brought to
enforce the violation that an increase in price 'reasonably
reflects' additional costs or risks taken to produce, distribute,
obtain or sell fuel. It would specify aggravating and mitigating
factors in determining violations including whether the price
grossly exceeds the average price of fuel offered in the 30 days
before the emergency proclamation or during a benchmark period
established by the FTC; whether the price grossly exceeds the
average price offered during the emergency period by other sellers
in the same area; and whether the quantity of fuel produced,
distributed or sold increased in an area during the emergency
period, accounting for usual seasonal variation." [Congressional
Quarterly, 5/19/22]
The Bill Would Prioritize Overseeing Price Gouging Activities
Against Companies With Fuel Sales Over $500 Million Annually,
Permit State Attorneys General To Enforce The Bill Through Civil
Actions, And Create The Consumer Trust Fund To Collect Penalties And
Provide Energy Aid To Low-Income Households. According to
Congressional Quarterly, "Among other provisions related to
enforcement, it would require the FTC to prioritize enforcement
against companies with sales over $500 million annually; allow
state attorneys general to enforce the prohibition through civil
action and allow the FTC to intervene in such cases; and establish
the Consumer Relief Trust Fund for funds collected from penalties,
to be used to provide energy assistance to low-income households."
[Congressional Quarterly,
5/19/22]
The Bill Would Increase The Maximum Penalty For Fuel Price Gouging
From $1 Million To $2 Million And Expand The Federal Trade
Commission's Enforcement For Market Manipulation And False
Information Distribution. According to Congressional Quarterly,
"It would also increase from $1 million to $2 million the maximum
penalty under existing law and expand FTC enforcement authority for
market manipulation and sharing false information with respect to
transportation fuel pricing." [Congressional Quarterly,
5/19/22]
The Bill Would Instruct The Energy Department To Conduct Surveys
To Collect Data On U.S. Crude Oil And Transportation Markets.
According to Congressional Quarterly, "It would require the Energy
Department's Energy Information Administration to conduct surveys of
energy companies to collect information on U.S. crude oil and
transportation fuel markets and share survey results and related
analyses with the public and the FTC." [Congressional Quarterly,
5/19/22]
The Bill Would Require The Federal Trade Commission To Investigate
And Address Price Manipulation And Price Gouging Activities During
National And Global Emergencies. According to Congressional
Quarterly, "It would require the FTC to investigate and create a
strategy to address price manipulation and price gouging practices
for gasoline during national or international emergencies."
[Congressional Quarterly,
5/19/22]
The Bill Would Provide The President With The Authority To Issue
Emergency Energy Proclamations And Prohibit Excessive Gas And Energy
Prices, And Expand The Federal Trade Commission's Authority To
Investigate And Address Violations Of Price Gouging By Energy
Companies. According to CBS News, "The Consumer Fuel Price Gouging
Prevention Act would grant the president authority to issue
emergency energy proclamations and make it illegal to increase gas
and energy prices in excessive and exploitative ways. It would also
expand the Federal Trade Commission's power to investigate and
address possible price gouging by oil and gas companies." [CBS
News,
5/19/22]
2022: Fitzpatrick Effectively Voted Against The Consumer Fuel Price
Gouging Prevention Act. In May 2022, according to Congressional
Quarterly, Fitzpatrick voted for the "Westerman, R-Ark., motion to
recommit the bill to the House Energy and Commerce Committee." The vote
was on a motion to recommit. The House rejected the motion by a vote of
201-220. [House Vote 231,
5/19/22; Congressional
Quarterly, 5/19/22;
Congressional Actions, H.R.
7688]
2022: Fitzpatrick Effectively Voted Against The Consumer Fuel Price
Gouging Prevention Act. In May 2022, according to Congressional
Quarterly, Fitzpatrick voted against the "adoption of the rule (H Res
1124) that would provide for floor consideration of [...] the Consumer
Fuel Price Gouging Prevention Act (HR 7688)." The vote was on the
adoption of the rule. The House adopted the rule by a vote of 218-202.
[House Vote 209,
5/18/22; Congressional
Quarterly, 5/18/22;
Congressional Actions, H.R.
7688;
Congressional Actions, H.Res.
1124]
2022: Fitzpatrick Effectively Voted Against The Consumer Fuel Price
Gouging Prevention Act. In May 2022, according to Congressional
Quarterly, Fitzpatrick voted against the "motion to order the previous
question (thus ending debate and possibility of amendment) on the rule
(H Res 1124) that would provide for floor consideration of [...] the
Consumer Fuel Price Gouging Prevention Act (HR 7688)." The vote was on a
motion to order the previous question. The House agreed to the motion by
a vote of 217-201. [House Vote 208,
5/18/22; Congressional
Quarterly, 5/18/22;
Congressional Actions, H.R.
7688;
Congressional Actions, H.Res.
1124]