The bill mandates enforcement mechanisms primarily through the Federal Trade Commission (FTC), which is tasked with ensuring compliance and addressing violations by imposing civil penalties. Specifically, violators with knowledge of their wrongdoing could face penalties of up to three times their profits from the violation, or a flat penalty of $100 million. The FTC is directed to prioritize enforcement actions against large-scale petroleum companies, ensuring that the most significant offenders are held accountable in times of crisis.
Summary
SB355, also known as the Federal Price Gouging Prevention Act, aims to protect consumers from the unfair practice of price gouging on gasoline and other petroleum distillates during times of crisis. The bill establishes that it shall be unlawful for any person to sell these products at prices deemed unconscionably excessive in the wake of a declared emergency affecting oil markets. The bill allows the President to issue proclamations to designate areas and times when these provisions will apply, thereby enforcing measures against exploitation of consumers during emergencies.
Contention
There are considerable discussions around potential points of contention regarding the scope and enforceability of the bill. Critics argue that defining 'unconscionable pricing' can be subjective and may lead to bureaucratic hurdles in enforcement. However, proponents emphasize the necessity of the legislation to safeguard consumers from opportunistic pricing, especially during emergencies that typically strain local economies. Additionally, the bill includes provisions allowing state attorneys general to intervene, creating a collaborative enforcement framework which may lead to varied interpretations across states.
Assault Weapons Ban of 2023 This bill makes it a crime to knowingly import, sell, manufacture, transfer, or possess a semiautomatic assault weapon (SAW) or large capacity ammunition feeding device (LCAFD). The prohibition does not apply to a firearm that is (1) manually operated by bolt, pump, lever, or slide action, except for certain shotguns; (2) permanently inoperable; (3) an antique; (4) only capable of firing rimfire ammunition; or (5) a rifle or shotgun specifically identified by make and model. The bill also exempts from the prohibition the following, with respect to a SAW or LCAFD: importation, sale, manufacture, transfer, or possession related to certain law enforcement efforts, or authorized tests or experiments; importation, sale, transfer, or possession related to securing nuclear materials; and possession by a retired law enforcement officer. The bill permits continued possession, sale, or transfer of a grandfathered SAW, which must be securely stored. A licensed gun dealer must conduct a background check prior to the sale or transfer of a grandfathered SAW between private parties. The bill permits continued possession of, but prohibits sale or transfer of, a grandfathered LCAFD. Newly manufactured LCAFDs must display serial number identification. Newly manufactured SAWs and LCAFDs must display the date of manufacture. The bill also allows a state or local government to use Edward Byrne Memorial Justice Assistance Grant Program funds to compensate individuals who surrender a SAW or LCAFD under a buy-back program.