In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
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Question: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Justice for Victims of Fraud Act of
2016''.

SEC. 2. FINDINGS.

The Congress finds the following:
(1) The Bureau of Consumer Financial Protection found that
Wells Fargo management implemented sales incentives, including
an incentive-compensation program, in part to increase the
number of banking products and services that its employees sold
to its customers.
(2) The Bureau of Consumer Financial Protection found that
Wells Fargo employees engaged in improper sales practices to
satisfy sales goals under Wells Fargo's incentive compensation
program, including opening as many as 1,534,280 checking
accounts and 565,443 credit card accounts using consumers'
information without their knowledge or consent between May 2011
and July 2015.
(3) Wells Fargo successfully claimed in Jabbari v. Wells
Fargo that customers had signed away their rights to hold Wells
Fargo accountable in court for claims of fraud because those
customers were bound to a forced arbitration clause for their
legitimate accounts.
(4) After Wells Fargo publicly entered a settlement with
Federal regulators for the opening of thousands of unauthorized
customer accounts, Wells Fargo claimed in Mitchell et. al. v.
Wells Fargo et. al. that customers' fraud claims must continue
to be forced into arbitration.
(5) Several courts have determined that despite claims of
fraud over unauthorized accounts opened without customer
knowledge or consent, those customers are still bound by
contracts forcing those claims into arbitration based on the
courts' interpretation of the Federal Arbitration Act.
(6) The Federal Arbitration Act (now codified as chapter 1
of title 9, United States Code) was intended to apply to
disputes between commercial entities of generally similar
sophistication and bargaining power, but a series of decisions
by the Supreme Court of the United States have interpreted the
Federal Arbitration Act as applicable to claims of fraud.
(7) Consumers have no meaningful choice whether to submit
their claims to arbitration and are typically unaware that they
have given up their rights to file claims in court.

SEC. 3. ARBITRATION OF CONSUMER DISPUTES RELATED TO CREDIT CARD
ACCOUNTS.

Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is
amended by adding at the end the following (and the table of contents
for such chapter is conformed accordingly):
''Sec. 140B. Validity and enforceability
''(a) Definitions.--In this section--
''(1) the term 'covered dispute' means a dispute that is
not subject to a final judgment by a court; and
''(2) the term 'predispute arbitration agreement' means any
agreement between a person and a consumer providing for
arbitration of any future dispute between the parties.
''(b) Validity and Enforceability.--No predispute arbitration
agreement shall be valid or enforceable in a covered dispute that is
related to a credit card that was not issued in response to a request
or application for that credit card account.
''(c) Applicability.--The applicability of this section to a
predispute arbitration agreement shall be determined by a State or
Federal court of competent jurisdiction.''.

SEC. 4. ARBITRATION OF CONSUMER DISPUTES RELATED TO COVERED ACCOUNTS.

The Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) is
amended by inserting after section 920 (15 U.S.C. 1693o-2) the
following:

''SEC. 920A. VALIDITY AND ENFORCEABILITY.

''(a) Definitions.--In this section--
''(1) the term 'covered account'--
''(A) means a demand deposit, savings deposit, or
other asset account (other than an occasional or
incidental credit balance in an open end credit plan as
defined in section 103(i)), as described in regulations
of the Bureau, established primarily for personal,
family, or household purposes, including demand
accounts, time accounts, negotiable order of withdrawal
accounts, and share draft accounts; and
''(B) does not include an account held by a
financial institution pursuant to a bona fide trust
agreement;
''(2) the term 'covered dispute' means a dispute that is
not subject to a final judgment by a court; and
''(3) the term 'predispute arbitration agreement' means any
agreement between a financial institution and a consumer
providing for arbitration of any future dispute between the
parties.
''(b) Validity and Enforceability.--No predispute arbitration
agreement shall be valid or enforceable in a covered dispute that is
related to a covered account that was not issued in response to a
request or application for that covered account.
''(c) Applicability.--The applicability of this section to a
predispute arbitration agreement shall be determined by a State or
Federal court of competent jurisdiction.''.

SEC. 5. RULE OF CONSTRUCTION.

Nothing in the amendments made by this Act shall be construed--
(1) to authorize the imposition of a requirement to submit
a dispute to arbitration; or
(2) to restrict any court from ruling that a requirement to
submit a dispute to arbitration is invalid or unenforceable.

Answer: Justice for Victims of Fraud Act of 2016 This bill amends the Truth in Lending Act and the Electronic Fund Transfer Act to prohibit predispute arbitration agreements with consumers (i.e., agreements to arbitrate any future disputes between parties instead of pursuing the claims in court) from being valid or enforceable in disputes related to credit card accounts or personal bank accounts that are not subject to a final judgment by a court if the credit card or bank account was not issued in response to a request or application for that account. The bill excludes from this prohibition accounts held by a financial institution pursuant to a bona fide trust agreement.

Question: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Northwest Straits Marine
Conservation Initiative Reauthorization Act of 2009''.

SEC. 2. REAUTHORIZATION OF NORTHWEST STRAITS MARINE CONSERVATION
INITIATIVE ACT.

The Northwest Straits Marine Conservation Initiative Act (title IV
of Public Law 105-384; 112 Stat. 3458) is amended--
(1) in section 402, by striking ''(in this title referred
to as the 'Commission')'';
(2) by striking sections 403 and 404;
(3) by redesignating section 405 as section 410; and
(4) by inserting after section 402 the following new
sections:

''SEC. 403. FINDINGS.

''Congress makes the following findings:
''(1) The marine waters and ecosystem of the Northwest
Straits in Puget Sound in the State of Washington represent a
unique resource of enormous environmental and economic value to
the people of the United States.
''(2) During the 20th century, the environmental health of
the Northwest Straits declined dramatically as indicated by
impaired water quality, declines in marine wildlife, collapse
of harvestable marine species, loss of critical marine
habitats, ocean acidification, and sea level rise.
''(3) At the start of the 21st century, the Northwest
Straits have been threatened by sea level rise, ocean
acidification, and other effects of climate change.
''(4) In 1998, the Northwest Straits Marine Conservation
Initiative Act (title IV of Public Law 105-384) was enacted to
tap the unprecedented level of citizen stewardship demonstrated
in the Northwest Straits and create a mechanism to mobilize
public support and raise capacity for local efforts to protect
and restore the ecosystem of the Northwest Straits.
''(5) The Northwest Straits Marine Conservation Initiative
helps the National Oceanic and Atmospheric Administration and
other Federal agencies with their marine missions by fostering
local interest in marine issues and involving diverse groups of
citizens.
''(6) The Northwest Straits Marine Conservation Initiative
shares many of the same goals with the National Oceanic and
Atmospheric Administration, including fostering citizen
stewardship of marine resources, general ecosystem management,
and protecting federally managed marine species.
''(7) Ocean literacy and identification and removal of
marine debris projects are examples of on-going partnerships
between the Northwest Straits Marine Conservation Initiative
and the National Oceanic and Atmospheric Administration.

''SEC. 404. DEFINITIONS.

''In this title:
''(1) Commission.--The term 'Commission' means the
Northwest Straits Advisory Commission established by section
402.
''(2) Indian tribe.--The term 'Indian tribe' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
''(3) Northwest straits.--The term 'Northwest Straits'
means the marine waters of the Strait of Juan de Fuca and of
Puget Sound from the Canadian border to the south end of
Snohomish County.

''SEC. 405. MEMBERSHIP OF THE COMMISSION.

''(a) Composition.--The Commission shall be composed of up to 14
members who shall be appointed as follows:
''(1) One member appointed by a consensus of the members of
a marine resources committee established under section 408 for
each of the following counties of the State of Washington:
''(A) San Juan County.
''(B) Island County.
''(C) Skagit County.
''(D) Whatcom County.
''(E) Snohomish County.
''(F) Clallam County.
''(G) Jefferson County.
''(2) Two members appointed by the Secretary of the
Interior in trust capacity and in consultation with the
Northwest Indian Fisheries Commission or the Indian tribes
affected by this title collectively, as the Secretary of the
Interior considers appropriate, to represent the interests of
such tribes.
''(3) One member appointed by the Governor of the State of
Washington to represent the interests of the Puget Sound
Partnership.
''(4) Four members appointed by the Governor of the State
of Washington who--
''(A) are residents of the State of Washington; and
''(B) are not employed by a Federal, State, or
local government.
''(b) Vacancies.--A vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
''(c) Chairperson.--The Commission shall select a Chairperson from
among its members.
''(d) Meeting.--The Commission shall meet at the call of the
Chairperson, but not less frequently than quarterly.
''(e) Liaison.--
''(1) In general.--The Secretary of Commerce, acting
through the Under Secretary for Oceans and Atmosphere and in
consultation with the Director of the Commission appointed
under section 407(a), shall appoint an employee of the National
Oceanic and Atmospheric Administration--
''(A) to serve as a liaison between the Commission
and the Department of Commerce; and
''(B) to attend meetings and other events of the
Commission as a nonvoting participant.
''(2) Limitation.--Service of an employee as an appointee
under paragraph (1)--
''(A) shall be limited to service as a liaison and
attendance of meetings and other events as a nonvoting
participant; and
''(B) does not obligate the employee to perform any
duty of the Commission under section 406(b).

''SEC. 406. GOAL AND DUTIES OF THE COMMISSION.

''(a) Goal.--The goal of the Commission is to protect and restore
the marine waters, habitats, and species of the Northwest Straits
region to achieve ecosystem health and sustainable resource use by--
''(1) designing and initiating projects that are driven by
sound science, local priorities, community-based decisions, and
the ability to measure results;
''(2) building awareness and stewardship and making
recommendations to improve the health of the Northwest Straits
marine resources;
''(3) maintaining and expanding diverse membership and
partner organizations;
''(4) expanding partnerships with governments of Indian
tribes affected by this title and continuing to foster respect
for tribal cultures and treaties; and
''(5) recognizing the importance of economic and social
benefits that are dependent on marine environments and
sustainable marine resources.
''(b) Duties.--The duties of the Commission are the following:
''(1) To provide resources and technical support for marine
resources committees established under section 408.
''(2) To work with such marine resources committees and
appropriate entities of Federal and State governments and
Indian tribes affected by this title to develop programs to
monitor the overall health of the marine ecosystem of the
Northwest Straits.
''(3) To identify factors adversely affecting or preventing
the restoration of the health of the marine ecosystem and
coastal economies of the Northwest Straits.
''(4) To develop scientifically sound restoration and
protection recommendations, informed by local priorities, that
address such factors.
''(5) To assist in facilitating the successful
implementation of such recommendations by developing broad
support among appropriate authorities, stakeholder groups, and
local communities.
''(6) To develop regional projects based on such
recommendations to protect and restore the Northwest Straits
ecosystem.
''(7) To serve as a public forum for the discussion of
policies and actions of Federal, State, or local government, an
Indian tribe affected by this title, or the Government of
Canada with respect to the marine ecosystem of the Northwest
Straits.
''(8) To inform appropriate authorities and local
communities about the marine ecosystem of the Northwest Straits
and about issues relating to the marine ecosystem of the
Northwest Straits.
''(9) To consult with all Indian tribes affected by this
title to ensure that the work of the Commission does not
violate tribal treaty rights.
''(c) Benchmarks.--The Commission shall carry out its duties in a
manner that promotes the achieving of the benchmarks described in
subsection (f)(2).
''(d) Coordination and Collaboration.--The Commission shall carry
out the duties described in subsection (b) in coordination and
collaboration, when appropriate, with Federal, State, and local
governments and Indian tribes affected by this title.
''(e) Regulatory Authority.--The Commission shall have no power to
issue regulations.
''(f) Annual Report.--
''(1) In general.--Each year, the Commission shall prepare,
submit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Natural
Resources of the House of Representatives, and the Under
Secretary for Oceans and Atmosphere, and make available to the
public an annual report describing--
''(A) the activities carried out by the Commission
during the preceding year; and
''(B) the progress of the Commission in achieving
the benchmarks described in paragraph (2).
''(2) Benchmarks.--The benchmarks described in this
paragraph are the following:
''(A) Protection and restoration of marine,
coastal, and nearshore habitats.
''(B) Prevention of loss and achievement of a net
gain of healthy habitat areas.
''(C) Protection and restoration of marine
populations to healthy, sustainable levels.
''(D) Protection of the marine water quality of the
Northwest Straits region and restoration of the health
of marine waters.
''(E) Collection of high-quality data and promotion
of the use and dissemination of such data.
''(F) Promotion of stewardship and understanding of
Northwest Straits marine resources through education
and outreach.

''SEC. 407. COMMISSION PERSONNEL AND ADMINISTRATIVE MATTERS.

''(a) Director.--The Manager of the Shorelands and Environmental
Assistance Program of the Department of Ecology of the State of
Washington may, upon the recommendation of the Commission and the
Director of the Padilla Bay National Estuarine Research Reserve,
appoint and terminate a Director of the Commission. The employment of
the Director shall be subject to confirmation by the Commission.
''(b) Staff.--The Director may hire such other personnel as may be
appropriate to enable the Commission to perform its duties. Such
personnel shall be hired through the personnel system of the Department
of Ecology of the State of Washington.
''(c) Administrative Services.--If the Governor of the State of
Washington makes available to the Commission the administrative
services of the State of Washington Department of Ecology, the
Commission shall use such services for employment, procurement, grant
and fiscal management, and support services necessary to carry out the
duties of the Commission.

''SEC. 408. MARINE RESOURCES COMMITTEES.

''(a) In General.--The government of each of the counties referred
to in subparagraphs (A) through (G) of section 405(a)(1) may establish
a marine resources committee that--
''(1) complies with the requirements of this section; and
''(2) receives from such government the mission, direction,
expert assistance, and financial resources necessary--
''(A) to address issues affecting the marine
ecosystems within its county; and
''(B) to work to achieve the benchmarks described
in section 406(f)(2).
''(b) Membership.--
''(1) In general.--Each marine resources committee
established pursuant to this section shall be composed of--
''(A) members with relevant scientific expertise;
and
''(B) members that represent balanced
representation, including representation of--
''(i) local governments, including planning
staff from counties and cities with marine
shorelines;
''(ii) affected economic interests, such as
ports and commercial fishers;
''(iii) affected recreational interests,
such as sport fishers; and
''(iv) conservation and environmental
interests.
''(2) Tribal members.--With respect to a county referred to
in subparagraphs (A) through (G) of section 405(a)(1), each
Indian tribe with usual and accustomed fishing rights in the
waters of such county and each Indian tribe with reservation
lands in such county, may appoint one member to the marine
resources committee for such county. Such member may be
appointed by the respective tribal authority.
''(3) Chairperson.--
''(A) In general.--Each marine resources committee
established pursuant to this section shall select a
chairperson from among members by a majority vote of
the members of the committee.
''(B) Rotating position.--Each marine resources
committee established pursuant to this section shall
select a new chairperson at a frequency determined by
the county charter of the marine resources committee to
create a diversity of representation in the leadership
of the marine resources committee.
''(c) Duties.--The duties of a marine resources committee
established pursuant to this section are the following:
''(1) To assist in assessing marine resource problems in
concert with governmental agencies, tribes, and other entities.
''(2) To assist in identifying local implications, needs,
and strategies associated with the recovery of Puget Sound
salmon and other species in the region of the Northwest Straits
listed under the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.) in coordination with Federal, State, and local
governments, Indian tribes affected by this title, and other
entities.
''(3) To work with other entities to enhance the scientific
baseline and monitoring program for the marine environment of
the Northwest Straits.
''(4) To identify local priorities for marine resource
conservation and develop new projects to address those needs.
''(5) To work closely with county leadership to implement
local marine conservation and restoration initiatives.
''(6) To coordinate with the Commission on marine ecosystem
objectives.
''(7) To educate the public and key constituencies
regarding the relationship between healthy marine habitats,
harvestable resources, and human activities.

''SEC. 409. NORTHWEST STRAITS MARINE CONSERVATION FOUNDATION.

''(a) Establishment.--The Director of the Commission and the
Director of the State of Washington Department of Ecology, or his or
her designee, may enter into an agreement with an organization
described in section 501(c)(3) of the Internal Revenue Code of 1986 to
establish a nonprofit foundation to support the Commission and the
marine resources committees established under section 408 in carrying
out their duties under this Act.
''(b) Designation.--The foundation authorized by subsection (a)
shall be known as the 'Northwest Straits Marine Conservation
Foundation'.
''(c) Receipt of Grants.--The Northwest Straits Marine Conservation
Foundation may, if eligible, apply for, accept, and use grants awarded
by Federal agencies, States, local governments, regional agencies,
interstate agencies, corporations, foundations, or other persons to
assist the Commission and the marine resources committees in carrying
out their duties under this Act.
''(d) Transfer of Funds.--The Northwest Straits Marine Conservation
Foundation may transfer funds to the Commission or the marine resources
committees to assist them in carrying out their duties under this
Act.''.

Passed the House of Representatives December 7, 2009.

Attest:

LORRAINE C. MILLER,

Clerk.

Answer: Northwest Straits Marine Conservation Initiative Reauthorization Act of 2009 - Amends the Northwest Straits Marine Conservation Initiative Act to define "Northwest Straits" as the marine waters of the Strait of Juan de Fuca and of Puget Sound from the Canadian border to the south end of Snohomish County, Washington.

Sets forth the membership of the Northwest Straits Advisory Commission. Directs the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, to appoint an employee of the National Oceanic and Atmospheric Administration (NOAA) to serve as a liaison between the Commission and the Department of Commerce and to attend the Commission's meetings and events as a nonvoting participant. States the goal of the Commission as the protection and restoration of the marine waters, habitats, and species of the Northwest Straits region in Washington to achieve ecosystem health and sustainable resource use. Enumerates the duties of the Commission and establishes benchmarks for its work. Requires the Commission to submit annual reports to Congress and the Under Secretary on its activities and its progress in achieving specified benchmarks.

Authorizes the Manager of the Shorelands and Environmental Assistance Program of Washington's Department of Ecology, upon the recommendation of the Commission and the Director of the Padilla Bay National Estuarine Research Reserve, to appoint and terminate a Director of the Commission. Requires the Director to be confirmed by the Commission.

Provides for the establishment of marine resources committees in specified counties of Washington.

Authorizes the Director of the Commission and the Director of the State of Washington Department of Ecology to establish the Northwest Straits Marine Conservation Foundation as a nonprofit foundation to support the Commission and the marine resources committees established by this Act.

Question: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ''Energy Emergency
Consumer Protection Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Unfair or deceptive acts or practices in commerce related to
gasoline and petroleum distillates.
Sec. 3. Declaration of energy emergency.
Sec. 4. Enforcement.
Sec. 5. Enforcement by State attorneys general.
Sec. 6. Penalties.
Sec. 7. Effect on other laws.
Sec. 8. Market transparency for crude oil, gasoline, and petroleum
distillates.
Sec. 9. Report on United States energy emergency preparedness.
Sec. 10. Alternative fuels investment by major oil companies and
automobile manufacturers.
Sec. 11. Protective action to prevent future disruptions of supply.
Sec. 12. Authorization of appropriations.

SEC. 2. UNFAIR OR DECEPTIVE ACTS OR PRACTICES IN COMMERCE RELATED TO
GASOLINE AND PETROLEUM DISTILLATES.

(a) Sales to Consumers at Unconscionable Price.--
(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, 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 occured, 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, 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, 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, the price that would reasonably
equate supply and demand in a competitive and freely
functioning market and whether the price at which the crude
oil, gasoline, 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, 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, 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, or petroleum distillates at wholesale, any
manipulative or deceptive device or contrivance, in contravention of
such rules and regulations as the Commission may prescribe as necessary
or appropriate in the public interest or for the protection of United
States citizens.

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, or petroleum distillates due to a disruption in
the national distribution system for crude oil, gasoline, 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 energy markets for crude oil, gasoline, or
petroleum distillates, 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 UNDER FEDERAL TRADE COMMISSION ACT.

(a) Enforcement by Commission.--This Act shall be enforced by the
Federal Trade Commission. 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 but shall not exclude enforcement actions against companies with
total United States wholesale sales of $500,000,000 or less per year.
(b) Violation Is Unfair or Deceptive Act or Practice.--The
violation of any provision of this Act shall be treated as an unfair or
deceptive act or practice proscribed under a rule issued under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).

SEC. 5. 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 6 for
violations of section 2(a), 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 person
engaged in retail sales of gasoline or petroleum distillates to
consumers for purposes other than resale that violates this Act or a
regulation under this Act.
(b) Notice.--The State shall serve written notice to the 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 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 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 Commission or the other agency for any
violation of this Act alleged in the complaint.
(f) 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. 6. PENALTIES.

(a) Civil Penalty.--
(1) In general.--In addition to any penalty applicable
under the Federal Trade Commission Act--
(A) any person who violates section 2(b) or 2(c) of
this Act is punishable by a civil penalty of not more
than $1,000,000; and
(B) any person who violates section 2(a) of this
Act is punishable by a civil penalty of not more than
$3,000,000.
(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 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.
(b) Criminal Penalty.--Violation of section 2(a) of this Act is
punishable by a fine of not more than $1,000,000, imprisonment for not
more than 5 years, or both.

SEC. 7. EFFECT ON OTHER LAWS.

(a) Other Authority of Commission.--Nothing in this Act shall be
construed to limit or affect in any way the 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. 8. 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 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 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
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 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 security.
(c) Information Sources.--
(1) In general.--In carrying out subsection (b), the
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
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 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 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 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 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. 9. 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 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 refining 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. 10. ALTERNATIVE FUELS INVESTMENT BY MAJOR OIL COMPANIES AND
AUTOMOBILE MANUFACTURERS.

The Comptroller General shall conduct an investigation within 1
year after the date of enactment of this Act and every 4 years
thereafter of the extent to which companies with total United States
wholesale or retail sales of crude oil, gasoline, and petroleum
distillates in excess of $500,000,000 per year and automobile
manufacturers have invested in alternative fuels production,
infrastructure, and technology development to diversify the motor
vehicle fuel and vehicle options available to consumers in the United
States. At the conclusion of each such investigation, the Comptroller
General shall transmit a report containing the findings and conclusions
to the Congress.

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

The National Academy of Sciences 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, that includes an assessment
of the companies' preparations for the current forecasted period of
more frequent and, due to global warming, 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 to the Federal Trade
Commission such sums as may be necessary to carry out the provisions of
this Act.
D23/

Answer:
Energy Emergency Consumer Protection Act of 2005 - States that during any presidentially-declared energy emergency it is unlawful to sell crude oil, gasoline, or petroleum distillates in, or for use in, the area involved at a price that: (1) is unconscionably excessive; or (2) indicates the seller is taking unfair advantage of the circumstances to increase prices unreasonably.

Makes it unlawful to: (1) report to the Federal Trade Commission (FTC) false or misleading data and information regarding the wholesale price of crude oil, gasoline, or petroleum distillates; or (2) use or employ, in connection with the purchase or sale of crude oil, gasoline, or petroleum distillates at wholesale, any manipulative or deceptive device or contrivance, in contravention of FTC-prescribed rules and regulations.

Authorizes the President to declare a federal energy emergency if the health, safety, welfare, or economic well-being of American citizens is at risk because there exists either: (1) an actual or imminent shortage of adequate supplies of crude oil, gasoline, or petroleum distillates due to a disruption in the national distribution system; or (2) significant pricing anomalies in national energy markets for such products.

Empowers the FTC and state attorneys general to enforce this Act.

Prescribes maximum civil and criminal penalties for violations of this Act.

Instructs the FTC to: (1) facilitate price transparency in wholesale crude oil and petroleum product markets; and (2) conclude a memorandum of understanding with the Commodity Futures Trading Commission and other appropriate agencies relating to information sharing.

Instructs the Comptroller General to investigate periodically the extent to which major oil companies and automobile manufacturers have invested in alternative fuels production, infrastructure, and technology development.

Directs the National Academy of Sciences to review expenditures and activities by major U.S. 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.