In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restoring Authority to Schools Act 
of 2004''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to restore authority to the public schools to conduct 
        education as a human enterprise;
            (2) to limit Federal court oversight of public schools to 
        that which is reasonable and necessary to implement Federal 
        law; and
            (3) to allow State and local education officials to bring 
        new insights and solutions to problems of allocating revenues 
        and resources for the common good in keeping with their 
        designated legislative and executive powers.

SEC. 3. APPROPRIATE REMEDIES WITH RESPECT TO VIOLATIONS OF FEDERAL LAW 
              IN THE PUBLIC SCHOOLS.

    (a) Requirements for Relief.--
            (1) Prospective relief.--
                    (A) Prospective relief in any civil action with 
                respect to violations of Federal law in the public 
                schools shall extend no further than necessary to 
                correct the violation of the Federal right of a 
                particular plaintiff or plaintiffs. The court shall not 
                grant or approve any prospective relief unless the 
                court finds that such relief is narrowly drawn, extends 
                no further than necessary to correct the violation of 
                the Federal right, and is the least intrusive means 
                necessary to correct the violation of the Federal 
                right. The court shall give substantial weight to any 
                adverse impact on other students or the school 
                community as a whole caused by the relief.
                    (B) The court shall not order any prospective 
                relief that requires or permits a government official 
                to exceed his or her authority under State or local law 
                or otherwise violates State or local law, unless--
                            (i) Federal law requires such relief to be 
                        ordered in violation of State or local law;
                            (ii) the relief is necessary to correct the 
                        violation of a Federal right; and
                            (iii) no other relief will correct the 
                        violation of the Federal right.
            (2) Preliminary injunctive relief.--In any civil action 
        with respect to violations of Federal law in the public 
        schools, to the extent otherwise authorized by law, the court 
        may enter a temporary restraining order or an order for 
        preliminary injunctive relief. Preliminary injunctive relief 
        must be narrowly drawn, extend no further than necessary to 
        correct the harm the court finds requires preliminary relief, 
        and be the least intrusive means necessary to correct that 
        harm. The court shall give substantial weight to any adverse 
        impact on other students or the school community as a whole 
        caused by the preliminary relief and shall respect the 
        principles of comity set out in paragraph (1)(B) in tailoring 
        any preliminary relief. Preliminary injunctive relief shall 
        automatically expire on the date that is 90 days after its 
        entry, unless the court makes the findings required under 
        subsection (a)(1) for the entry of prospective relief and makes 
        the order final before the expiration of the 90-day period.
    (b) Termination of Relief.--
            (1) Termination of prospective relief.--
                    (A) In any civil action with respect to violations 
                of Federal law in the public schools in which 
                prospective relief is ordered, such relief shall be 
                terminable upon the motion of any party or intervener--
                            (i) 2 years after the date the court 
                        granted or approved the prospective relief;
                            (ii) 1 year after the date the court has 
                        entered an order denying termination of 
                        prospective relief under this paragraph; or
                            (iii) in the case of an order issued on or 
                        before the date of enactment of the Restoring 
                        Authority to Schools Act (enacted ____ __, 
                        2004), 2 years after such date of enactment.
                    (B) Nothing in this section shall prevent the 
                parties from agreeing to terminate or modify relief 
                before the relief is terminated under subparagraph (A).
            (2) Immediate termination of prospective relief.--In any 
        civil action with respect to violations of Federal law in the 
        public schools, a defendant or intervener shall be entitled to 
        the immediate termination of any prospective relief if the 
        relief was approved or granted in the absence of a finding by 
        the court that the relief is narrowly drawn, extends no further 
        than necessary to correct the violation of the Federal right, 
        and is the least intrusive means necessary to correct the 
        violation of the Federal right.
            (3) Limitation.--Prospective relief shall not terminate if 
        the court makes written findings based on the record that 
        prospective relief remains necessary to correct a current and 
        ongoing violation of the Federal right, extends no further than 
        necessary to correct the violation of the Federal right, and 
        that the prospective relief is narrowly drawn and the least 
        intrusive means to correct the violation.
            (4) Termination or modification of relief.--Nothing in this 
        section shall prevent any party or intervener from seeking 
        modification or termination before the relief is terminable 
        under paragraph (1) or (2), to the extent that modification or 
        termination would otherwise be legally permissible.
    (c) Settlements.--
            (1) Consent decrees.--In any civil action with respect to 
        violations of Federal law in the public schools, the court 
        shall not enter or approve a consent decree unless it complies 
        with the limitations on relief set forth in subsection (a).
            (2) Private settlement agreements.--
                    (A) Nothing in this section shall preclude parties 
                from entering into a private settlement agreement that 
                does not comply with the limitations on relief set 
                forth in subsection (a), if the terms of that agreement 
                are not subject to court enforcement other than the 
                reinstatement of the civil proceeding that the 
                agreement settled.
                    (B) Nothing in this section shall preclude any 
                party claiming that a private settlement agreement has 
                been breached from seeking in State court any remedy 
                available under State law.
    (d) State Law Remedies.--The limitations on remedies in this 
section shall not apply to relief entered by a State court based solely 
upon claims arising under State law.
    (e) Procedure for Motions Affecting Prospective Relief.--
            (1) Generally.--The court shall promptly rule on any motion 
        to modify or terminate prospective relief in a civil action 
        with respect to violations of Federal law in the public 
        schools. Mandamus shall lie to remedy any failure to issue a 
        prompt ruling on such a motion.
            (2) Automatic stay.--Any motion to modify or terminate 
        prospective relief made under subsection (b) shall operate as a 
        stay during the period--
                    (A)(i) beginning on the 30th day after such motion 
                is filed, in the case of a motion made under paragraph 
                (1) or (2) of subsection (b); or
                    (ii) beginning on the 180th day after such motion 
                is filed, in the case of a motion made under any other 
                law; and
                    (B) ending on the date the court enters a final 
                order ruling on the motion.
            (3) Postponement of automatic stay.--The court may postpone 
        the effective date of an automatic stay specified in subsection 
        (e)(2)(A) for not more than 60 days for good cause. No 
        postponement shall be permissible because of general congestion 
        of the court's calendar.
            (4) Order blocking the automatic stay.--Any order staying, 
        suspending, delaying, or barring the operation of the automatic 
        stay described in paragraph (2) (other than an order to 
        postpone the effective date of the automatic stay under 
        paragraph (3)) shall be treated as an order refusing to 
        dissolve or modify an injunction and shall be appealable 
        pursuant to section 1292(a)(1) of title 28, United States Code, 
        regardless of how the order is styled or whether the order is 
        termed a preliminary or a final ruling.
    (f) Special Masters.--
            (1) In general.--
                    (A) In any civil action in a Federal court with 
                respect to violations of Federal law in the public 
                schools, the court may appoint a special master who 
                shall be disinterested and objective and who will give 
                due regard to balancing the needs of the school 
                community as a whole against the requested relief, to 
                conduct hearings on the record and prepare proposed 
                findings of fact.
                    (B) The court shall appoint a special master under 
                this subsection during the remedial phase of the action 
                only upon a finding that the remedial phase will be 
                sufficiently complex to warrant the appointment.
            (2) Appointment.--
                    (A) If the court determines that the appointment of 
                a special master is necessary, the court shall request 
                that the defendant State officials and the plaintiff 
                each submit a list of not more than 5 persons to serve 
                as a special master.
                    (B) Each party shall have the opportunity to remove 
                up to 3 persons from the opposing party's list.
                    (C) The court shall select the master from the 
                persons remaining on the list after the operation of 
                subparagraph (B).
            (3) Interlocutory appeal.--Any party shall have the right 
        to an interlocutory appeal of the judge's selection of the 
        special master under this subsection, on the ground of 
        partiality.
            (4) Compensation.--The compensation to be allowed to a 
        special master under this section shall be based on an hourly 
        rate not greater than the hourly rate established under section 
        3006A for payment of court-appointed counsel, plus costs 
        reasonably incurred by the special master. Such compensation 
        and costs shall be paid with funds appropriated to the 
        Judiciary.
            (5) Regular review of appointment.--In any civil action 
        with respect to violations of Federal law in the public schools 
        in which a special master is appointed under this subsection, 
        the court shall review the appointment of the special master 
        every 6 months to determine whether the services of the special 
        master continue to be required under paragraph (1). In no event 
        shall the appointment of a special master extend beyond the 
        termination of the relief.
            (6) Limitations on powers and duties.--A special master 
        appointed under this subsection--
                    (A) may be authorized by a court to conduct 
                hearings and prepare proposed findings of fact, which 
                shall be made on the record;
                    (B) shall not make any findings or communications 
                ex parte;
                    (C) may be authorized by a court to assist in the 
                development of remedial plans; and
                    (D) may be removed at any time, but shall be 
                relieved of the appointment upon the termination of 
                relief.
    (g) Definitions.--As used in this section--
            (1) the term ``consent decree'' means any relief entered by 
        the court that is based in whole or in part upon the consent or 
        acquiescence of the parties, but does not include private 
        settlements;
            (2) the term ``civil action with respect to violations of 
        Federal law in the public schools'' means any civil proceeding 
        arising under Federal law with respect to any aspect of 
        operation of the public schools or the provision of public 
        education, including extra curricular and ancillary activities, 
        but does not include civil proceedings relating to 
        desegregation of the public schools;
            (3) the term ``public schools'' means a public elementary 
        or secondary school as such terms are defined in section 9101 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. Sec. 7801);
            (4) the term ``private settlement agreement'' means an 
        agreement entered into among the parties that is not subject to 
        judicial enforcement other than the reinstatement of the civil 
        proceeding that the agreement settled;
            (5) the term ``prospective relief'' means all relief other 
        than compensatory monetary damages;
            (6) the term ``special master'' means any person appointed 
        by a Federal court pursuant to Rule 53 of the Federal Rules of 
        Civil Procedure or pursuant to any inherent power of the court 
        to exercise the powers of a master, regardless of the title or 
        description given by the court; and
            (7) the term ``relief'' means all relief in any form that 
        may be granted or approved by the court, and includes consent 
        decrees but does not include private settlement agreements.
[A]: Restoring Authority to Schools Act of 2004 - Requires prospective relief in any civil action for violations of Federal law in public schools to be narrowly drawn, to extend no further than necessary, and to reflect the least intrusive means necessary to correct the violation. Requires the court to give substantial weight to any adverse impact on other students or the school community caused by such relief.

Prohibits the court from ordering prospective relief that requires or permits government officials to exceed their authority under State or local law or otherwise violates such law unless Federal law so requires, the relief is necessary, and no other relief will correct the violation.

Authorizes the court to enter a temporary restraining order or an order for preliminary injunctive relief with respect to violations of Federal law in public schools to the extent otherwise authorized by law if the order complies with the limitations on prospective relief set forth in this Act.

Requires the termination of prospective relief upon the motion of any party or intervener at specified times. Entitles defendants or interveners to the immediate termination of such relief if it was approved or granted in the absence of a finding that the limitations set forth in this Act were met.

Prohibits the court from entering or approving a consent decree absent compliance with such limitations.

Sets forth procedures for motions affecting prospective relief.

Authorizes the court to appoint a special master in those civil actions addressed by this Act.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Route 66 Centennial Commission 
Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Route 66 was the Nation's first all-paved highway under 
        the U.S. Highway System connecting the Midwest to California 
        and has played a major role in the history of the United 
        States.
            (2) Route 66 was the symbol of opportunity to hundreds of 
        thousands of people seeking escape from the Dust Bowl in the 
        1930s, serving as a ``road to opportunity'' in the West and 
        providing employment during the Great Depression, as thousands 
        were put to work on road crews to pave the road.
            (3) Route 66 was invaluable in transporting troops, 
        equipment, and supplies across the country to the West, where 
        the government established multiple industries and armed force 
        bases during World War II. Upon the conclusion of the war in 
        1945, Route 66 was a key route taken by thousands of troops as 
        they returned home.
            (4) Route 66 symbolized the Nation's positive outlook 
        during the postwar economic recovery in the 1950s and 1960s, 
        serving as an icon of free-spirited independence and linking 
        people across the United States. During this period, the 
        tourist industry along Route 66 grew tremendously, giving rise 
        to countless tourist courts, motels, service stations, garages, 
        and diners.
            (5) Since June 27, 1985, when Route 66 was decommissioned 
        as a Federal highway, the popularity and mythical stature of 
        Route 66 has grown domestically and internationally, as the 
        road has experienced a rebirth of interest and support.
            (6) The year 2026 will be the centennial anniversary of 
        Route 66, and a commission should be established to study and 
        recommend to Congress activities that are fitting and proper to 
        celebrate that anniversary in a manner that appropriately 
        honors America's Mother Road.

SEC. 3. ESTABLISHMENT.

    There is established a commission to be known as the Route 66 
Centennial Commission (referred to in this Act as the ``Commission'').

SEC. 4. DUTIES.

    The Commission shall have the following duties:
            (1) To study activities that may be carried out by the 
        Federal Government to determine whether the activities are 
        fitting and proper to honor Route 66 on the occasion of its 
        centennial anniversary, including any of the activities 
        described under section 8(b)(2)(B).
            (2) To recommend to Congress the activities the Commission 
        considers most fitting and proper to honor Route 66 on such 
        occasion, to be carried out by the Department of Transportation 
        and any other entity or entities within the Federal Government 
        that the Commission considers most appropriate to carry out 
        such activities.
            (3) To plan and host, in cooperation with such partners, a 
        conference on the U.S. Numbered Highway System, and assist in 
        the activities of such a conference.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 19 
members appointed as follows:
            (1) Three members, each of whom shall be a qualified 
        citizen described in subsection (b), appointed by the 
        President.
            (2) Two members, each of whom shall be a qualified citizen 
        described in subsection (b), appointed by the President on the 
        recommendation of the Secretary of Transportation.
            (3) One member, who shall be a qualified citizen described 
        in subsection (b), appointed by the President on the 
        recommendation of the Governor of Illinois.
            (4) One member, who shall be a qualified citizen described 
        in subsection (b), appointed by the President on the 
        recommendation of the Governor of Missouri.
            (5) One member, who shall be a qualified citizen described 
        in subsection (b), appointed by the President on the 
        recommendation of the Governor of Kansas.
            (6) One member, who shall be a qualified citizen described 
        in subsection (b), appointed by the President on the 
        recommendation of the Governor of Oklahoma.
            (7) One member, who shall be a qualified citizen described 
        in subsection (b), appointed by the President on the 
        recommendation of the Governor of Texas.
            (8) One member, who shall be a qualified citizen described 
        in subsection (b), appointed by the President on the 
        recommendation of the Governor of New Mexico.
            (9) One member, who shall be a qualified citizen described 
        in subsection (b), appointed by the President on the 
        recommendation of the Governor of Arizona.
            (10) One member, who shall be a qualified citizen described 
        in subsection (b), appointed by the President on the 
        recommendation of the Governor of California.
            (11) Three members, each of whom shall be a qualified 
        citizen described in subsection (b), appointed by the President 
        on the recommendation of the Speaker of the House of 
        Representatives, in consultation with the minority leader of 
        the House of Representatives.
            (12) Three members, each of whom shall be a qualified 
        citizen described in subsection (b), appointed by the President 
        on the recommendation of the majority leader of the Senate, in 
        consultation with the minority leader of the Senate.
    (b) Qualified Citizen.--A qualified citizen described in this 
subsection is a private citizen of the United States with--
            (1) a demonstrated dedication to educating others about the 
        importance of historical figures and events; and
            (2) substantial knowledge and appreciation of Route 66.
    (c) Time of Appointment.--Each initial appointment of a member of 
the Commission shall be made before the expiration of the 120-day 
period beginning on the date of the enactment of this Act.
    (d) Continuation of Membership.--If a member of the Commission was 
appointed to the Commission as a Member of Congress, and ceases to be a 
Member of Congress, that member may continue to serve on the Commission 
for not longer than the 30-day period beginning on the date that member 
ceases to be a Member of Congress.
    (e) Terms.--Each member shall be appointed for the life of the 
Commission.
    (f) Vacancies.--A vacancy in the Commission shall not affect the 
powers of the Commission but shall be filled in the manner in which the 
original appointment was made.
    (g) Basic Pay.--Members shall serve on the Commission without pay.
    (h) Travel Expenses.--Each member shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with sections 
5702 and 5703 of title 5, United States Code.
    (i) Quorum.--Seven members of the Commission shall constitute a 
quorum but a lesser number may hold hearings.
    (j) Chair.--The President, in consultation with the Secretary of 
Transportation, shall designate one member of the Commission as Chair.
    (k) Meetings.--The Commission shall meet at the call of the Chair.

SEC. 6. DIRECTOR AND STAFF.

    (a) Director.--The Commission may appoint and fix the pay of a 
Director and such additional personnel as the Commission considers to 
be appropriate.
    (b) Applicability of Certain Civil Service Laws.--
            (1) Director.--The Director of the Commission may be 
        appointed without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive service, 
        and may be paid without regard to the provisions of chapter 51 
        and subchapter III of chapter 53 of that title relating to 
        classification and General Schedule pay rates.
            (2) Staff.--The staff of the Commission shall be appointed 
        subject to the provisions of title 5, United States Code, 
        governing appointments in the competitive service, and shall be 
        paid in accordance with the provisions of chapter 51 and 
        subchapter III of chapter 53 of that title relating to 
        classification and General Schedule pay rates.

SEC. 7. POWERS.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out this Act, hold such hearings, sit and act at such times 
and places, take such testimony, and receive such evidence as the 
Commission considers to be appropriate.
    (b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action that 
the Commission is authorized to take by this Act.
    (c) Obtaining Official Data.--The Commission may secure directly 
from any department or agency of the United States information 
necessary to enable the Commission to carry out this Act. Upon request 
of the Chair of the Commission, the head of that department or agency 
shall furnish that information to the Commission.
    (d) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (e) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its responsibilities 
under this Act.

SEC. 8. REPORTS.

    (a) Interim Reports.--The Commission may submit to Congress such 
interim reports as the Commission considers to be appropriate.
    (b) Comprehensive Report.--
            (1) In general.--Not later than 5 years after the date of 
        enactment of this Act, the Commission shall submit to the 
        President and Congress a report incorporating specific 
        recommendations for the commemoration of the centennial of 
        Route 66 and related events.
            (2) Contents of report.--The report under paragraph (1)--
                    (A) shall include recommendations for the 
                allocation of financial and administrative 
                responsibility among the public and private authorities 
                and organizations recommended for participation by the 
                Commission; and
                    (B) may recommend activities such as--
                            (i) the production, publication, and 
                        distribution of books, pamphlets, films, 
                        electronic publications, and other educational 
                        materials focusing on the history and impact of 
                        Route 66 on the United States and the world;
                            (ii) bibliographical and documentary 
                        projects, publications, and electronic 
                        resources;
                            (iii) conferences, convocations, lectures, 
                        seminars, and other programs;
                            (iv) the development of programs by and for 
                        libraries, museums, parks, and historic sites, 
                        including national traveling exhibitions;
                            (v) ceremonies and celebrations 
                        commemorating specific events;
                            (vi) the production, distribution, and 
                        performance of artistic works, and of programs 
                        and activities, focusing on the national and 
                        international significance of Route 66; and
                            (vii) the issuance of commemorative coins, 
                        medals, certificates of recognition, and 
                        postage stamps.
    (c) Final Report.--The Commission shall submit to the President and 
Congress a final report not later than 90 days before the termination 
of the Commission provided in section 10.

SEC. 9. PLAN ON PRESERVATION NEEDS OF ROUTE 66.

    (a) In General.--The Secretary of Transportation, in consultation 
with the Governors referred to in section 5(a), shall prepare a plan on 
the preservation needs of Route 66.
    (b) Report to Congress.--Not later than 3 years after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives, the 
Committee on Environment and Public Works of the Senate, and the 
President a report containing the plan prepared under subsection (a).

SEC. 10. TERMINATION.

    The Commission shall terminate not later than June 30, 2027.

SEC. 11. CLARIFICATION REGARDING FUNDING.

    No additional funds are authorized to carry out the requirements of 
this Act. Such requirements may be carried out using amounts otherwise 
authorized or made available for the Department of Transportation, 
except for amounts authorized from the Highway Trust Fund.

            Passed the House of Representatives July 16, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
[A]: Route 66 Centennial Commission Act (Sec. 3) This bill establishes the Route 66 Centennial Commission to honor highway Route 66 on the occasion of its centennial anniversary. (Sec. 4) The bill sets forth the duties of the commission, its membership, powers, and reporting requirements.  (Sec. 9) The Department of Transportation shall prepare a plan on the preservation needs of Route 66. (Sec. 10) The commission shall terminate not later than June 30, 2027.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Response to Energy 
Emergencies Act of 2005''.

SEC. 2. UNCONSCIONABLE PRICING OF GASOLINE, OIL, NATURAL GAS, AND 
              PETROLEUM DISTILLATES DURING EMERGENCIES.

    (a) Unconscionable Pricing.--
            (1) In general.--During any energy emergency declared by 
        the President under section 3, it is unlawful for any person to 
        sell crude oil, gasoline, natural gas, or petroleum distillates 
        in, or for use in, the area to which that declaration applies 
        at a price that--
                    (A) is unconscionably excessive; or
                    (B) indicates the seller is taking unfair advantage 
                of the circumstances to increase prices unreasonably.
            (2) Factors considered.--In determining whether a violation 
        of paragraph (1) has occurred, there shall be taken into 
        account, among other factors, whether--
                    (A) the amount charged represents a gross disparity 
                between the price of the crude oil, gasoline, natural 
                gas, or petroleum distillate sold and the price at 
                which it was offered for sale in the usual course of 
                the seller's business immediately prior to the energy 
                emergency; or
                    (B) the amount charged grossly exceeds the price at 
                which the same or similar crude oil, gasoline, natural 
                gas, or petroleum distillate was readily obtainable by 
                other purchasers in the area to which the declaration 
                applies.
            (3) Mitigating factors.--In determining whether a violation 
        of paragraph (1) has occurred, there also shall be taken into 
        account, among other factors, whether the price at which the 
        crude oil, gasoline, natural gas, or petroleum distillate was 
        sold reasonably reflects additional costs, not within the 
        control of the seller, that were paid or incurred by the 
        seller.
    (b) False Pricing Information.--It is unlawful for any person to 
report information related to the wholesale price of crude oil, 
gasoline, natural gas, or petroleum distillates to the Federal Trade 
Commission if--
            (1) that person knew, or reasonably should have known, the 
        information to be false or misleading;
            (2) the information was required by law to be reported; and
            (3) the person intended the false or misleading data to 
        affect data compiled by that department or agency for 
        statistical or analytical purposes with respect to the market 
        for crude oil, gasoline, natural gas, or petroleum distillates.
    (c) Market Manipulation.--It is unlawful for any person, directly 
or indirectly, to use or employ, in connection with the purchase or 
sale of crude oil, gasoline, natural gas, or petroleum distillates at 
wholesale, any manipulative or deceptive device or contrivance, in 
contravention of such rules and regulations as the Federal Trade 
Commission may prescribe as necessary or appropriate in the public 
interest or for the protection of United States citizens.
    (d) Rulemaking.--Not later than 180 days after the date of the 
enactment of this Act, the Federal Trade Commission shall promulgate 
rules necessary and appropriate to enforce this section.

SEC. 3. DECLARATION OF ENERGY EMERGENCY.

    (a) In General.--If the President finds that the health, safety, 
welfare, or economic well-being of the citizens of the United States is 
at risk because of a shortage or imminent shortage of adequate supplies 
of crude oil, gasoline, natural gas, or petroleum distillates due to a 
disruption of the national distribution system for crude oil, gasoline, 
natural gas, or petroleum distillates (including such a shortage 
related to a major disaster (as defined in section 102(2) of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5122))), or significant pricing anomalies in national or regional 
energy markets for crude oil, gasoline, natural gas, or petroleum 
distillates of a more than transient nature, the President may declare 
that a Federal energy emergency exists.
    (b) Scope and Duration.--The declaration shall apply to the Nation, 
a geographical region, or 1 or more States, as determined by the 
President, but may not be in effect for a period of more than 45 days.
    (c) Extensions.--The President may--
            (1) extend a declaration under subsection (a) for a period 
        of not more than 45 days; and
            (2) extend such a declaration more than once.

SEC. 4. 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(a) of this Act, the Commission 
shall give priority to enforcement actions concerning companies with 
total United States wholesale or retail sales of crude oil, gasoline, 
and petroleum distillates in excess of $500,000,000 per year.
    (b) Civil Penalties.--
            (1) In general.--Notwithstanding the penalties set forth 
        under the Federal Trade Commission Act, any person who violates 
        this Act shall be subject to the following penalties:
                    (A) Price gouging; unjust profits.--Any person who 
                violates section 2(a) of this Act shall be subject to--
                            (i) a fine of not more than 3 times the 
                        amount of profits gained by such person through 
                        such violation; or
                            (ii) a fine of not more than $3,000,000.
                    (B) False information; market manipulation.--Any 
                person who violates section 2(b) or 2(c) of this Act 
                shall be subject to a civil penalty of not more than 
                $1,000,000.
            (2) Method of assessment.--The penalties provided by 
        paragraph (1) shall be assessed in the same manner as civil 
        penalties imposed 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 Federal Trade Commission shall take into 
                consideration 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.

SEC. 5. CRIMINAL PENALTIES.

    Any person who violates section 2 or any rule or order issued 
thereunder shall be fined under title 18, United States Code--
            (1) if a corporation, not to exceed $100,000,000; or
            (2) if any other person, not to exceed $1,000,000, or 
        imprisoned for not more than 10 years, or both.

SEC. 6. 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(a) of this 
Act, or to impose the civil penalties authorized by section 4(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.
    (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) where 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.

SEC. 7. LOW INCOME ENERGY ASSISTANCE.

    Amounts collected in fines and penalties under sections 4 or 5 of 
this Act shall be deposited in a separate fund in the treasury to be 
known as the Consumer Relief Trust Fund. To the extent provided for in 
advance in appropriations Acts fund shall be used to provide assistance 
under the Low Income Home Energy Assistance Program administered by the 
Secretary of Health and Human Services.

SEC. 8. 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.

SEC. 9. MARKET TRANSPARENCY FOR CRUDE OIL, GASOLINE, AND PETROLEUM 
              DISTILLATES.

    (a) In General.--The Federal Trade Commission shall facilitate 
price transparency in markets for the sale of crude oil and essential 
petroleum products at wholesale, having due regard for the public 
interest, the integrity of those markets, fair competition, and the 
protection of consumers.
    (b) Marketplace Transparency.--
            (1) Dissemination of information.--In carrying out this 
        section the Federal Trade Commission shall provide by rule for 
        the dissemination, on a timely basis, of information about the 
        availability and prices of wholesale crude oil, gasoline, and 
        petroleum distillates to the Federal Trade Commission, States, 
        wholesale buyers and sellers, and the public.
            (2) Protection of public from anticompetitive activity.--In 
        determining the information to be made available under this 
        section and time to make the information available, the Federal 
        Trade Commission shall seek to ensure that consumers and 
        competitive markets are protected from the adverse effects of 
        potential collusion or other anticompetitive behaviors that can 
        be facilitated by untimely public disclosure of transaction-
        specific information.
            (3) Protection of market mechanisms.--The Federal Trade 
        Commission shall withhold from public disclosure under this 
        section any information the Commission determines would, if 
        disclosed, be detrimental to the operation of an effective 
        market or jeopardize system security.
    (c) Information Sources.--
            (1) In general.--In carrying out subsection (b), the 
        Federal Trade Commission may--
                    (A) obtain information from any market participant; 
                and
                    (B) rely on entities other than the Commission to 
                receive and make public the information, subject to the 
                disclosure rules in subsection (b)(3).
            (2) Published data.--In carrying out this section, the 
        Federal Trade Commission shall consider the degree of price 
        transparency provided by existing price publishers and 
        providers of trade processing services, and shall rely on such 
        publishers and services to the maximum extent possible.
            (3) Electronic information systems.--The Federal Trade 
        Commission may establish an electronic information system if it 
        determines that existing price publications are not adequately 
        providing price discovery or market transparency. Nothing in 
        this section, however, shall affect any electronic information 
        filing requirements in effect under this Act as of the date of 
        enactment of this section.
            (4) De minimus exception.--The Federal Trade Commission may 
        not require entities who have a de minimus market presence to 
        comply with the reporting requirements of this section.
    (d) Cooperation With Other Federal Agencies.--
            (1) Memorandum of understanding.--Within 180 days after the 
        date of enactment of this Act, the Federal Trade Commission 
        shall conclude a memorandum of understanding with the Commodity 
        Futures Trading Commission and other appropriate agencies (if 
        applicable) relating to information sharing, which shall 
        include provisions--
                    (A) ensuring that information requests to markets 
                within the respective jurisdiction of each agency are 
                properly coordinated to minimize duplicative 
                information requests; and
                    (B) regarding the treatment of proprietary trading 
                information.
            (2) CFTC jurisdiction.--Nothing in this section may be 
        construed to limit or affect the exclusive jurisdiction of the 
        Commodity Futures Trading Commission under the Commodity 
        Exchange Act (7 U.S.C. 1 et seq.).
    (e) Rulemaking.--Within 180 days after the date of enactment of 
this Act, the Federal Trade Commission shall initiate a rulemaking 
proceeding to establish such rules as the Commission determines to be 
necessary and appropriate to carry out this section.

SEC. 10. REPORT ON UNITED STATES ENERGY EMERGENCY PREPAREDNESS.

    (a) Potential Impacts Report.--Within 30 days after the date of 
enactment of this Act, the Federal Trade Commission shall transmit to 
the Congress a confidential report describing the potential impact on 
domestic prices of crude oil, residual fuel oil, and refined petroleum 
products that would result from the disruption for periods of 1 week, 1 
year, and 5 years, respectively, of not less than--
            (1) 30 percent of United States oil production;
            (2) 20 percent of United States refinery capacity; and
            (3) 5 percent of global oil supplies.
    (b) Projections and Possible Remedies.--The President shall include 
in the report--
            (1) projections of the impact any such disruptions would be 
        likely to have on the United States economy; and
            (2) detailed and prioritized recommendations for remedies 
        under each scenario covered by the report.

SEC. 11. PROTECTIVE ACTION TO PREVENT FUTURE DISRUPTIONS OF SUPPLY.

    The Secretary of Energy and the Energy Information Administration 
shall review expenditures by, and activities undertaken by, companies 
with total United States wholesale or retail sales of crude oil, 
gasoline, and petroleum distillates in excess of $500,000,000 per year 
to protect the energy supply system from terrorist attacks, 
international supply disruptions, and natural disasters, and ensure a 
stable and reasonably priced supply of such products to consumers in 
the United States, and, not later than 180 days after the date of the 
enactment of this title, shall transmit a report of their findings to 
Congress. Such report shall include an assessment of the companies' 
preparations for the forecasted period of more frequent and more 
intense hurricane activity in the Gulf of Mexico and other vulnerable 
coastal areas.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act.
[A]:
Federal Response to Energy Emergencies Act of 2005 - Declares unlawful: (1) unconscionable pricing of gasoline, oil, natural gas, and petroleum distillates during emergencies; (2) intentional reporting of false price information concerning wholesale prices of such products; and (3) market manipulation regarding the purchase or sale at wholesale of such products.

Authorizes the President to declare a federal energy emergency upon finding that the national health, safety, welfare, or economic well-being is at risk because of an actual or imminent shortage of such products due to a disruption of the national distribution system, or significant pricing anomalies in national or regional energy markets for the products.

Empowers the Federal Trade Commission (FTC) and State Attorneys General to enforce this Act.

Sets forth civil and criminal penalties for violations of this Act.

Requires fines and penalties collected under this Act to be deposited in a separate fund in the treasury to be known as the Consumer Relief Trust Fund to provide assistance under the Low Income Home Energy Assistance Program.

Directs the FTC to facilitate price transparency in wholesale markets for the sale of crude oil and essential petroleum products.

Instructs the FTC to transmit a confidential report to Congress on the potential impact on domestic prices of crude oil, residual fuel oil, and refined petroleum products that would result from the disruption for periods of one week, one year, and five years, respectively.

Directs the Secretary of Energy and the Energy Information Administration to review and report to Congress on expenditures and activities undertaken by certain size companies to protect the energy supply system from terrorist attacks, international supply disruptions, and natural disasters, and ensure a stable and reasonably priced supply of such products to consumers in the United States.

Requires such report to assess the companies' preparations for the forecasted period of more frequent and more intense hurricane activity in the Gulf of Mexico and other vulnerable coastal areas.