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

Example Input: 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.
Example Output: 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.

Example Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Readjustment Counseling Service 
Amendments of 1995''.

SEC. 2. ORGANIZATION OF THE READJUSTMENT COUNSELING SERVICE IN THE 
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Section 7305 of title 38, United States Code, is 
amended--
            (1) by redesignating paragraph (7) as paragraph (8); and
            (2) by inserting after paragraph (6) the following new 
        paragraph (7):
            ``(7) A Readjustment Counseling Service.''.
    (b) Organization.--The Readjustment Counseling Service shall have 
the organizational structure and administrative structure of that 
service as such structures were in existence on January 1, 1993.
    (c) Revision of Organizational Structure.--(1) The Secretary of 
Veterans Affairs may not alter or revise the organizational structure 
or the administrative structure of the Readjustment Counseling Service 
until--
            (A) the Secretary has submitted to the Committees on 
        Veterans' Affairs of the Senate and House of Representatives a 
        report containing a full and complete statement of the proposed 
        alteration or revision; and
            (B) a period of 60 days has elapsed after the date on which 
        the report is received by the committees.
    (2) In the computation of the 60-day period under paragraph (1)(B), 
there shall be excluded any day on which either House of Congress is 
not in session because of an adjournment of more than 3 calendar days 
to a day certain.
    (d) Budget Information Relating to the Service.--Each budget 
submitted to Congress by the President under section 1105 of title 31, 
United States Code, shall set forth the amount requested in the budget 
for the operation of the Readjustment Counseling Service in the fiscal 
year covered by the budget and shall set forth separately the amount 
requested for administrative oversight of the activities of the service 
(including the amount requested for funding of the Advisory Committee 
on Readjustment of Veterans).

SEC. 3. DIRECTOR OF THE READJUSTMENT COUNSELING SERVICE.

    (a) Director.--Section 7306(b) of title 38, United States Code, is 
amended--
            (1) by striking out ``and'' at the end of paragraph (2);
            (2) by striking out the period at the end of paragraph (3) 
        and inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following:
            ``(4) one shall be a person who (A)(i) is a qualified 
        psychiatrist, (ii) is a qualified psychologist holding a 
        diploma as a doctorate in clinical or counseling psychology 
        from an authority approved by the American Psychological 
        Association and has successfully undergone an internship 
        approved by that association, (iii) is a qualified holder of a 
        master in social work degree, or (iv) is a registered nurse 
        holding a master of science in nursing degree in psychiatric 
        nursing or any other mental-health related degree approved by 
        the Secretary, and (B) has at least 3 years of clinical 
        experience and 2 years of administrative experience in the 
        Readjustment Counseling Service or other comparable mental 
        health care counseling service (as determined by the 
        Secretary), who shall be the director of the Readjustment 
        Counseling Service.''.
    (b) Status of Director.--Section 7306(a)(3) of such title is 
amended by striking out ``eight'' and inserting in lieu thereof 
``nine''.
    (c) Organizational Requirement.--The Director of the Readjustment 
Counseling Service shall report to the Under Secretary for Health of 
the Department of Veterans Affairs through the Associate Deputy Under 
Secretary for Health for Clinical Programs.

SEC. 4. EXPANSION OF ELIGIBILITY FOR READJUSTMENT COUNSELING AND 
              CERTAIN RELATED COUNSELING SERVICES.

    (a) Readjustment Counseling.--(1) Subsection (a) of section 1712A 
of title 38, United States Code, is amended to read as follows:
    ``(a)(1)(A) Upon the request of any veteran referred to in 
subparagraph (B) of this paragraph, the Secretary shall furnish 
counseling to the veteran to assist the veteran in readjusting to 
civilian life.
    ``(B) A veteran referred to in subparagraph (A) of this paragraph 
is any veteran who--
            ``(i) served on active duty during the Vietnam era; or
            ``(ii) served on active military, naval, or air service in 
        a theater of combat operations (as determined by the Secretary, 
        in consultation with the Secretary of Defense) during a period 
        of war or in any other area during a period in which 
        hostilities (as defined in subparagraph (D) of this paragraph) 
        occurred in such area.
    ``(C) Upon the request of any veteran other than a veteran referred 
to in subparagraph (A) of this paragraph, the Secretary may furnish 
counseling to the veteran to assist the veteran in readjusting to 
civilian life.
    ``(D) For the purposes of subparagraph (A) of this paragraph, the 
term `hostilities' means an armed conflict in which the members of the 
Armed Forces are subjected to danger comparable to the danger to which 
members of the Armed Forces have been subjected in combat with enemy 
armed forces during a period of war, as determined by the Secretary in 
consultation with the Secretary of Defense.
    ``(2) The counseling referred to in paragraph (1) shall include a 
general mental and psychological assessment of a covered veteran to 
ascertain whether such veteran has mental or psychological problems 
associated with readjustment to civilian life.''.
    (2) Subsection (c) of such section is repealed.
    (b) Other Counseling.--Such section is further amended by inserting 
after subsection (b) the following new subsection (c):
    ``(c)(1) The Secretary shall provide the counseling services 
described in section 1701(6)(B)(ii) of this title to the surviving 
parents, spouse, and children of any member of the Armed Forces who is 
killed during service on active military, naval, or air service in a 
theater of combat operations (as determined by the Secretary, in 
consultation with the Secretary of Defense) during a period of war or 
in any other area during a period in which hostilities (as defined in 
subsection (a)(1)(D) of this section) occurred in such area.
    ``(2) The Secretary may provide the counseling services referred to 
in paragraph (1) to the surviving parents, spouse, and children of any 
member of the Armed Forces who dies while serving on active duty or 
from a condition (as determined by the Secretary) incurred in or 
aggravated by such service.''.
    (c) Authority To Contract for Counseling Services.--Subsection (e) 
of such section is amended by striking out ``subsections (a) and (b)'' 
each place it appears and inserting in lieu thereof ``subsections (a), 
(b), and (c)''.

SEC. 5. ADVISORY COMMITTEE ON THE READJUSTMENT OF VETERANS.

    (a) In General.--(1) Subchapter II of chapter 17 of title 38, 
United States Code, is amended by inserting after section 1712B the 
following:
``Sec. 1712C. Advisory Committee on the Readjustment of Veterans
    ``(a)(1) There is in the Department the Advisory Committee on the 
Readjustment of Veterans (hereafter in this section referred to as the 
`Committee').
    ``(2) The Committee shall consist of not more than 18 members 
appointed by the Secretary from among veterans who--
            ``(A) have demonstrated significant civic or professional 
        achievement; and
            ``(B) have experience with the provision of veterans 
        benefits and services by the Department.
    ``(3) The Secretary shall seek to ensure that members appointed to 
the Committee include persons from a wide variety of geographic areas 
and ethnic backgrounds, persons from veterans service organizations, 
and women.
    ``(4) The Secretary shall determine the terms of service and pay 
and allowances of the members of the Committee, except that a term of 
service may not exceed 2 years. The Secretary may reappoint any member 
for additional terms of service.
    ``(b)(1) The Secretary shall, on a regular basis, consult with and 
seek the advice of the Committee with respect to the provision by the 
Department of benefits and services to veterans in order to assist 
veterans in the readjustment to civilian life.
    ``(2)(A) In providing advice to the Secretary under this 
subsection, the Committee shall--
            ``(i) assemble and review information relating to the needs 
        of veterans in readjusting to civilian life;
            ``(ii) provide information relating to the nature and 
        character of psychological problems arising from service in the 
        Armed Forces;
            ``(iii) provide an on-going assessment of the effectiveness 
        of the policies, organizational structures, and services of the 
        Department in assisting veterans in readjusting to civilian 
        life; and
            ``(iv) provide on-going advice on the most appropriate 
        means of responding to the readjustment needs of veterans in 
        the future.
    ``(B) In carrying out its duties under subparagraph (A), the 
Committee shall take into special account veterans of the Vietnam era, 
and the readjustment needs of such veterans.
    ``(c)(1) Not later than March 31 of each year, the Committee shall 
submit to the Secretary a report on the programs and activities of the 
Department that relate to the readjustment of veterans to civilian 
life. Each such report shall include--
            ``(A) an assessment of the needs of veterans with respect 
        to readjustment to civilian life;
            ``(B) a review of the programs and activities of the 
        Department designed to meet such needs; and
            ``(C) such recommendations (including recommendations for 
        administrative and legislative action) as the Committee 
        considers appropriate.
    ``(2) Not later than 90 days after the receipt of each report under 
paragraph (1), the Secretary shall transmit to the Committees on 
Veterans' Affairs of the Senate and House of Representatives a copy of 
the report, together with any comments and recommendations concerning 
the report that the Secretary considers appropriate.
    ``(3) The Committee may also submit to the Secretary such other 
reports and recommendations as the Committee considers appropriate.
    ``(4) The Secretary shall submit with each annual report submitted 
to the Congress pursuant to section 529 of this title a summary of all 
reports and recommendations of the Committee submitted to the Secretary 
since the previous annual report of the Secretary submitted pursuant to 
that section.
    ``(d)(1) Except as provided in paragraph (2), the provisions of the 
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the 
activities of the Committee under this section.
    ``(2) Section 14 of such Act shall not apply to the Committee.''.
    (2) The table of sections at the beginning of chapter 17 of such 
title is amended by inserting after the item relating to section 1712B 
the following:

``1712C. Advisory Committee on the Readjustment of Veterans.''.
    (b) Original Members.--(1) Notwithstanding subsection (a)(2) of 
section 1712C of such title (as added by subsection (a)), the members 
of the Advisory Committee on the Readjustment of Vietnam and Other War 
Veterans on the date of the enactment of this Act shall be the original 
members of the advisory committee recognized under such section.
    (2) The original members shall so serve until the Secretary of 
Veterans Affairs carries out appointments under such subsection (a)(2). 
The Secretary shall carry out such appointments as soon after such date 
as is practicable. The Secretary may make such appointments from among 
such original members.

SEC. 6. PLAN FOR EXPANSION OF VIETNAM VETERAN RESOURCE CENTER PILOT 
              PROGRAM.

    (a) Requirement.--(1) The Secretary of Veterans Affairs shall 
submit to the Committees on Veterans' Affairs of the Senate and House 
of Representatives a plan for the expansion of the Vietnam Veteran 
Resource Center program established pursuant to the amendment made by 
section 105 of the Veterans' Administration Health-Care Amendments of 
1985 (Public Law 99-166; 99 Stat. 944). The plan shall include a 
schedule for, and an assessment of the cost of, the implementation of 
the program at or through all Department of Veterans Affairs 
readjustment counseling centers.
    (2) The Secretary shall submit the plan not later than 4 months 
after the date of the enactment of this Act.
    (b) Definition.--In this section, the term ``Department of Veterans 
Affairs readjustment counseling centers'' has the same meaning given 
the term ``center'' in section 1712A(i)(1) of title 38, United States 
Code.

SEC. 7. REPORT ON COLLOCATION OF VET CENTERS AND DEPARTMENT OF VETERANS 
              AFFAIRS OUTPATIENT CLINICS.

    (a) Requirement.--(1) The Secretary of Veterans Affairs shall 
submit to the Committees on Veterans' Affairs of the Senate and House 
of Representatives a report on the feasibility and desirability of the 
collocation of Vet Centers and outpatient clinics (including rural 
mobile clinics) of the Department of Veterans Affairs as current leases 
for such centers and clinics expire.
    (2) The Secretary shall submit the report not later than 6 months 
after the date of the enactment of this Act.
    (b) Covered Matters.--The report under this section shall include 
an assessment of the following:
            (1) The results of any collocation of Vet Centers and 
        outpatient clinics carried out by the Secretary before the date 
        of the enactment of this Act, including the effects of such 
        collocation on the quality of care provided at such centers and 
        clinics.
            (2) The effect of such collocation on the capacity of such 
        centers to carry out their primary mission.
            (3) The extent to which such collocation will impair the 
        operational independence or administrative integrity of such 
        centers.
            (4) The feasibility of combining the services provided by 
        such centers and clinics in the course of the collocation of 
        such centers and clinics.
            (5) The advisability of the collocation of centers and 
        clinics of significantly different size.
            (6) The effect of the locations (including urban and rural 
        locations) of the centers and clinics on the feasibility and 
        desirability of such collocation.
            (7) The amount of any costs savings to be achieved by 
        Department as a result of such collocation.
            (8) The desirability of such collocation in light of plans 
        for the provision of health care services by the Department 
        under national health care reform.
            (9) Any other matters that the Secretary determines 
        appropriate.

SEC. 8. VET CENTER HEALTH CARE PILOT PROGRAM.

    (a) In General.--The Secretary of Veterans Affairs shall carry out 
a pilot program for the provision of health-related services to 
eligible veterans at readjustment counseling centers. The Secretary 
shall carry out the pilot program in accordance with this section.
    (b) Services.--(1) In carrying out the pilot program, the Secretary 
shall provide the services referred to in paragraph (2) at not less 
than 10 readjustment counseling centers in existence on the date of the 
enactment of this Act.
    (2) The Secretary shall provide basic ambulatory services and 
health care screening services by such personnel as the Secretary 
considers appropriate at each readjustment counseling center under the 
pilot program. The Secretary shall assign not less than one-half of a 
full-time employee equivalent at each such center in order to provide 
such services under the pilot program.
    (3) In determining the location of the readjustment counseling 
centers at which to provide services under the pilot program, the 
Secretary shall select centers that are located in a variety of 
geographic areas and that serve veterans of a variety of economic, 
social, and ethnic backgrounds.
    (c) Period of Operation.--(1) The Secretary shall commence the 
provision of health-related services at readjustment counseling centers 
under the pilot program not later than 4 months after the date of the 
enactment of this Act.
    (2) The pilot program shall terminate 2 years after the date on 
which the Secretary commences the provision of services under paragraph 
(1).
    (d) Report.--(1) The Secretary shall submit to Congress a report on 
the pilot program established under this section. The report shall 
include the following:
            (A) A description of the program, including information 
        on--
                    (i) the number of veterans provided basic 
                ambulatory services and health care screening services 
                under the pilot program;
                    (ii) the number of such veterans referred to 
                Department of Veterans Affairs general health-care 
                facilities in order to provide such services to such 
                veterans; and
                    (iii) the cost to the Department of Veterans 
                Affairs of the pilot program.
            (B) An analysis of the effectiveness of the services 
        provided to veterans under the pilot program.
            (C) The recommendations of the Secretary for means of 
        improving the pilot program, and an estimate of the cost to the 
        Department of implementing such recommendations.
            (D) An assessment of the desirability of expanding the type 
        or nature of services provided under the pilot program in light 
        of plans for the provision of health care services by the 
        Department under national health care reform.
            (E) An assessment of the extent to which the provision of 
        services under the pilot program impairs the operational or 
        administrative independence of the readjustment counseling 
        centers at which such services are provided.
            (F) An assessment of the effect of the location of the 
        centers on the effectiveness for the Department and for 
        veterans of the services provided under the pilot program.
            (G) Such other information as the Secretary considers 
        appropriate.
    (2) The Secretary shall submit the report not later than 18 months 
after the date of the enactment of this Act.
    (e) Definitions.--For the purposes of this section:
            (1) The term ``Department of Veterans Affairs general 
        health-care facility'' has the meaning given such term in 
        section 1712A(i)(2) of title 38, United States Code.
            (2) The term ``eligible veteran'' means any veteran 
        eligible for outpatient services under paragraph (1), (2), or 
        (3) of section 1712(a) of such title.
            (3) The term ``readjustment counseling center'' has the 
        same meaning given the term ``center'' in section 1712A(i)(1) 
        of such title.
                                 
S 403 IS----2
Example Output: Readjustment Counseling Service Amendments of 1995 - Includes a Readjustment Counseling Service (RCS) as part of the Veterans Health Administration of the Department of Veterans Affairs.  Prohibits the Secretary of Veterans Affairs from altering or revising the organizational structure of RCS until the Secretary has notified specified congressional committees and 60 days have elapsed since such notification.  Requires RCS budget information to be included annually in the President's budget submitted to the Congress. 
Outlines eligibility requirements for one of the Assistant Under Secretaries for Health in the Department, including at least three years of clinical experience and two years of administrative experience in RCS or other comparable mental health care counseling service.  Makes such a qualified person the director of RCS. 
Increases from eight to nine the authorized number of Assistant Under Secretaries for Health. 
Directs the Secretary to furnish readjustment counseling to any veteran who:  (1) served on active duty during the Vietnam era; or (2) served on active duty in a theater of combat during a period of war (currently, only after May 7, 1975) in any area in which hostilities occurred.  Authorizes the Secretary to furnish such assistance to any other veteran upon request.   Directs the Secretary to provide counseling to survivors and dependents of members of the armed forces killed while performing such duty.  Allows the Secretary to provide such counseling to the survivors and dependents of other members killed during active duty or from a condition incurred in or aggravated by such service. 
Establishes in the Department the Advisory Committee on the Readjustment of Veterans to perform advisory services with respect to veterans' readjustment, taking into special account Vietnam era veterans.  Requires specified reports from the Advisory Committee and the Secretary. 
Directs the Secretary to report to the congressional veterans' affairs committees: (1) a plan for the expansion of the Vietnam Veteran Resource Center program; and (2) on the feasibility and desirability of the collocation of Vet Centers and outpatient clinics of the Department as current leases for such centers and clinics expire. 
Directs the Secretary to carry out and report to the Congress on a pilot program for the provision of health-related services to eligible veterans at readjustment counseling centers.

Example Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Durable Medical Equipment 
Access Act of 2007''.

SEC. 2. BENEFICIARY PROTECTIONS.

    (a) Application of Quality Standards.--Section 1847(b)(2)(B) of the 
Social Security Act (42 U.S.C. 1395w-3(b)(2)(B)) is amended to read as 
follows:
                    ``(B) Application of quality standards and receipt 
                of advice from oversight committee.--The Secretary may 
                not award any contracts under the competitive 
                acquisition program under this section unless--
                            ``(i) the quality standards have been 
                        implemented under section 1834(a)(20); and
                            ``(ii) the Secretary has received advice 
                        from the program oversight committee 
                        established under subsection (c).''.
    (b) Requiring Use of Exemptions.--Section 1847(a)(3) of such Act 
(42 U.S.C. 1395w-3(a)(3)) is amended by striking ``may exempt'' and 
inserting ``shall exempt''.
    (c) Exemption of Smaller MSAs.--Section 1847(a)(3)(A) of such Act 
(42 U.S.C. 1395w-3(a)(3)(A)) is amended by inserting ``(including any 
metropolitan statistical area with a population of less than 500,000)'' 
after ``rural areas''.
    (d) Application of Federal Advisory Committee Act (FACA) to Program 
Advisory and Oversight Committee (PAOC).--Section 1847(c)(4) of such 
Act (42 U.S.C. 1395w-3(c)(4)) is amended to read as follows:
            ``(4) Applicability of faca.--The provisions of the Federal 
        Advisory Committee Act (5 U.S.C. App.) shall apply to the 
        Committee.''.
    (e) Effective Date.--The amendments made by this section shall be 
effective as if included in the enactment of the Medicare Prescription 
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).

SEC. 3. SMALL SUPPLIER PROTECTIONS.

    (a) Qualified Supplier Participation.--Section 1847(b) of the 
Social Security Act (42 U.S.C. 1395w-3(b)) is amended--
            (1) in paragraph (4)(A), by striking ``The Secretary may 
        limit'' and inserting ``Subject to paragraph (6)(D), the 
        Secretary may limit''; and
            (2) in paragraph (6)(D), by adding at the end the 
        following: ``Such appropriate steps shall include permitting 
        all suppliers to continue to participate as suppliers at the 
        selected award price so long as they submit bids at less than 
        the fee schedule amount otherwise applicable to the items and 
        they otherwise comply with applicable program requirements.''.
    (b) Restoration of Due Process.--Section 1847(b)(10) of such Act 
(42 U.S.C. 1395w-3(b)(10)) is amended--
            (1) by striking ``No administrative or judicial review'' 
        and inserting ``Restoration of appeal rights''; and
            (2) by striking ``There shall be no administrative or 
        judicial review under section 1869, section 1878, or otherwise 
        of'' and inserting ``Administrative and judicial review shall 
        only be available under section 1869 (and not otherwise) of''.
    (c) Application of Requirement for Significant Savings.--Section 
1847(a) of such Act (42 U.S.C. 1395w-3(a)) is amended--
            (1) in paragraph (3)(B), by inserting ``of at least 10 
        percent'' after ``significant savings''; and
            (2) in paragraph (1), by adding at the end the following 
        new subparagraph:
                    ``(D) Requirement for significant savings.--The 
                Secretary shall not implement a program under this 
                section with respect to an item or service unless the 
                Secretary demonstrates a probability of achieving 
                significant savings of at least 10 percent, compared to 
                the fee schedule in effect on January 1, 2007, by 
                including the item or service in the program.''.
    (d) Comparability Analysis.--Section 1834(a)(1) of such Act (42 
U.S.C. 1395m(a)(1)) is amended--
            (1) in subparagraph (F), by inserting ``subject to 
        subparagraph (G),'' after ``2009,''; and
            (2) by adding at the end the following new subparagraphs:
                    ``(G) Requirement for comparability analysis before 
                implementation.--The Secretary may not implement 
                subparagraph (F) with respect to the application of 
                rates in an area that is not a competitive acquisition 
                area under section 1847 unless the Secretary has 
                completed and published in the Federal Register a 
                comparability analysis to ensure the application is 
                appropriate. The comparability analysis shall include 
                at least an analysis of the relative costs of providing 
                the particular items and services in the respective 
                metropolitan statistical areas and an assessment of 
                whether application of the bid rate in an area that is 
                not a competitive acquisition area would adversely 
                impact beneficiary access to quality items and 
                services.
                    ``(H) Application of comparability analysis 
                requirement to certain other part b items and 
                services.--Subparagraph (G) shall also apply to the 
                implementation of section 1847(a) with respect to items 
                described in paragraph (2)(B) or (2)(C) of such section 
                that are furnished on or after January 1, 2009.''.
    (e) Effective Date.--The amendments made by this section shall be 
effective as if included in the enactment of the Medicare Prescription 
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).

SEC. 4. REPORT ON QUALITY AND ACCESS IMPACT OF IMPLEMENTATION AT 10 
              INITIAL COMPETITIVE ACQUISITION AREAS.

    (a) Analysis and Report.--After the Secretary of Health and Human 
Services has fully implemented the initial 10 competitive acquisition 
areas under section 1847 of the Social Security Act, the Secretary 
shall conduct a complete analysis of the impact of competitive bidding 
in those areas, including its impact on beneficiary access to quality 
products and its impact on providers of items and services covered 
under competition and shall submit a report to Congress on such 
analysis.
    (b) Moratorium on Further Implementation Until Congressional 
Action.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary shall not expand the coverage of competitive 
        acquisition programs under section 1847(a) of the Social 
        Security Act (42 U.S.C. 1395w-3(a)), or apply bid rates to non-
        bid areas under such section, beyond the 10 competitive 
        acquisition areas identified under paragraph (1)(B)(i)(I) of 
        such section as of the date of the enactment of this Act, 
        unless specifically authorized by Congress after such date.
            (2) Conforming reference.--Section 1847(a)(1)(B) of the 
        Social Security Act (42 U.S.C. 1395w-3(a)(1)(B)) is amended, in 
        the matter before clause (i), by striking ``The programs'' and 
        inserting ``Subject to section 4(b)(1) of the Medicare Durable 
        Medical Equipment Access Act of 2007, the programs''.
Example Output:
Medicare Durable Medical Equipment Access Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services from awarding any contracts under the competitive durable medical equipment items and services acquisition program unless: (1) the quality standards have been implemented; and (2) the Secretary has received advice from the program oversight committee.

Requires the Secretary (who currently is authorized), in carrying out competitive acquisition programs, to exempt: (1) rural areas and areas with low population density within urban areas that are not competitive, unless there is a significant national market through mail order for a particular item or service; and (2) items and services for which the application of competitive acquisition is not likely to result in significant savings. Exempts smaller metropolitan statistical areas as well.

Modifies requirements for the protection of small suppliers in bidding and contracting. Requires the Secretary to permit all suppliers to continue to participate as suppliers at the selected award price so long as they submit bids at less than the fee schedule amount otherwise applicable and otherwise comply with program requirements.

Provides for appeal rights (currently denied).

Requires the Secretary to exempt from competitive acquisition requirements items and services for which the application of competitive acquisition is not likely to result in significant savings of at least 10%.

Prohibits the Secretary from implementing a program with respect to an item or service unless inclusion of the item or service will make significant savings of at least 10% probable, compared to the fee schedule in effect on January 1, 2007.

Prohibits the Secretary from implementing certain payment rate basis requirements for covered items furnished after January 1, 2009, with respect to an area that is not a competitive acquisition area, unless a comparability analysis has been completed and published.

Directs the Secretary, after fully implementing the initial 10 competitive acquisition areas, to analyze and report to Congress on the impact of competitive bidding in those areas.

Prohibits expanding the coverage of competitive acquisition programs, or applying bid rates to non-bid areas, beyond the 10 competitive acquisition areas, unless specifically authorized by Congress.