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