Fossella opposed and now favors Gas price gouging

Last year Rep. Vito Fossella voted in favor of the Federal Energy Price Protection Act of 2006 [HR 5253] a bill nearly identical to HR 1252 which he voted AGAINST this year. We covered yesterday the games he played by introducing an alternative bill with extremely limited or no penalties the same day Congress passed HR 1252. Today's question, why did he support the bill one year and then caved to Exxon and flipped on it the following year?

Additionally if Rep. Fossella feels so strongly about this issue that he actually took some time to try to draft legitimate legislation, the question arises why has he never bothered to work on helping to pass similar legislation in the past?

REFUSED TO CO-SPONSOR H.R.3681 in 2005, To amend the Clayton Act to make unlawful price gouging for necessary goods and services during Presidentially declared times of national disaster.

REFUSED TO CO-SPONSOR H.RES.238, Condemning any price gouging with respect to motor fuels during the hours and days after the terrorist acts of September 11, 2001. [no xml link]

REFUSED TO CO-SPONSOR H.R.3782, To prohibit price gouging of gasoline and diesel fuel in areas declared major disasters.

REFUSED TO SIGN discharge petition to allow the consideration of the resolution H. Res. 568 entitled, a resolution providing for consideration of the bill (H.R. 3936) to protect consumers from price-gouging of gasoline and other fuels during energy emergencies, and for other purposes; Dec 2005

This shouldn't come as a surprise. VetoFossella.com shows us he votes against or refused to support Minimum Wage bills year after year only to then vote for it this year. In fact he voted against an identical bill just last year in the Republican controlled Congress. Does Fossella actually have a stance on anything?

Why is Fossella protecting Exxon's interests?

On February 28, 2007 HR 1252 was submitted titled the "Federal Price Gouging Prevention Act." The summary of this bill reads;

"Federal Price Gouging Prevention Act - Makes it unlawful for any person to sell crude oil, gasoline, natural gas, or petroleum distillates at a price that: (1) is unconscionably excessive; or (2) indicates the seller is taking unfair advantage unusual market conditions or the circumstances of an emergency to increase prices unreasonably."

Two fellow NY state Republicans co-sponsored this legislation;
On February 28, 2007 Republican Rep. McHugh (NY)
On March 20, 2007 Republican Rep. Kuhl (NY)

On May 23, 2007 the House voted on this bill, passing it by a vote of 284 - 141. Rep. Vito Fossella voted against it.

On May 23, 2007, the same exact day this bill came to a vote on the floor, and the same exact day that Rep. Vito Fossella voted against protecting Americans from massive oil conglomerates such as Exxon Mobil, Rep. Vito Fossella submitted HR 2460. Admittedly we are quick to suggest Rep. Fossella is useless and does little or no work that is meaningful in Congress so we ask you to judge for yourself his work in this area. What is his bill?

HR 2460 is titled the 'Federal Energy Price Protection Act.'

What does the bill do?

It shall be unlawful for any supplier to increase the price at which that supplier sells, or offers to sell, crude oil, gasoline, or petroleum distillates in an area covered by a Presidential proclamation issued under section 4(a)(1) by an unconscionable amount during the period beginning on the date the proclamation is issued and ending on the date specified in the proclamation.

So it, just like the bill he voted against calls for making it illegal to unconscionably raise the price of gasoline to take advantage of consumers specifically during emergencies. So what is Fossella thinking? Clearly HR 1252 had bi-partisan support, since his own NY Republican co-workers are supporting it. The difference is that he does not want to make it illegal for gas companies to unconscionably make profits off of consumers unless President Bush declares the region to be in some sort of disaster emergency. So he wants to leave it up to the President whose family has vested interests in major oil companies to declare when it would be illegal for Exxon to gouge prices for the sole purposes of increasing profits. [updated: after review this is incorrect] Aside from this what are the other differences, mainly the severity of the crime;

HR 1252; the good bill that passed (Fossella voted against)
HR 2460; the sham bill Fossella wrote

HR 1252; $3 million maximum civil penalty
HR 2460; $5 million maximum civil penalty
(Note this is the only occasion where Fossella lays out a stronger penalty)

HR 1252; Each day of a violation should be considered a separate violation
HR 2460; Each determination of a violation should be considered a separate violation

HR 1252; $1 million civil penalty for falsification of information
HR 2460; nothing

HR 1252; $150 million maximum criminal penalty
HR 2460; $1 million maximum criminal penalty

HR 1252; $2 million maximum individual criminal penalty
HR 2460; $1 million maximum criminal penalty

HR 1252; 10 years imprisonment for individual criminal convictions
HR 2460; 2 years imprisonment for individual criminal convictions

So why is Rep. Vito Fossella voting against the stronger bill and introducing his own mock proposal intentionally weakening fines, prison sentences and penalties, consider this;

$10,500 from Exxon Mobil
$5,000 Occidental Petroleum Corp PAC
$5,000 Valero
$2,500 Texaco
$1,000 Shell Oil Company

Source: FEC

The choice was Fossella's and he sold out his constituents to support Exxon Mobil.

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Why did Fossella vote to allow oil companies to gouge prices at the pump?

via ABC News;

With average U.S. pump prices at an all-time, inflation-adjusted high of $3.22 a gallon, the House voted 284-141 for the "Federal Price Gouging Protection Act," which bans sellers from charging prices that are "unconscionably excessive," or take "unfair advantage" of consumers.

HR 1252, Federal Price Gouging Prevention Act, received 56 Republican votes (in addition to 228 Democrats) as well as being co-sponsored be fellow NY Republicans Rep. Kuhl and Rep. Walsh. So why did Rep. Vito Fossella decide to oppose this and support Oil Companies should they decide to excessively raising gas prices?