SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy and Water Integration Act of 2009''. SEC. 2. ENERGY WATER NEXUS STUDY. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary of Energy (referred to in this Act as the ``Secretary''), in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, shall enter into an arrangement with the National Academy of Sciences under which the Academy shall conduct an in-depth analysis of the impact of energy development and production on the water resources of the United States. (b) Scope of Study.-- (1) In general.--The study described in subsection (a) shall be comprised of each assessment described in paragraphs (2) through (4). (2) Transportation sector assessment.-- (A) In general.--The study shall include a lifecycle assessment of the quantity of water withdrawn and consumed in the production of transportation fuels, or electricity, to evaluate the ratio that-- (i) the quantity of water withdrawn and consumed in the production of transportation fuels (measured in gallons), or electricity (measured in kilowatts); bears to (ii) the total distance (measured in miles) that may be traveled as a result of the consumption of transportation fuels, or electricity. (B) Scope of assessment.-- (i) In general.--The assessment shall include, as applicable-- (I) the exploration for, and extraction or growing of, energy feedstock; (II) the processing of energy feedstock into transportation fuel; (III) the generation, transportation, and storage of electricity for transportation; and (IV) the conduct of an analysis of the efficiency with which the transportation fuel is consumed. (ii) Fuels.--The assessment shall contain an analysis of transportation fuel sources, including-- (I) domestically produced crude oil (including products derived from domestically produced crude oil); (II) imported crude oil (including products derived from imported crude oil); (III) domestically produced natural gas (including liquid fuels derived from natural gas); (IV) imported natural gas (including liquid fuels derived from natural gas); (V) oil shale; (VI) tar sands; (VII) domestically produced corn- based ethanol; (VIII) imported corn-based ethanol; (IX) advanced biofuels (including cellulosic- and algae-based biofuels); (X) coal to liquids (including aviation fuel, diesel, and gasoline products); (XI) electricity consumed in-- (aa) fully electric drive vehicles; and (bb) plug-in hybrid vehicles; (XII) hydrogen; and (XIII) any reasonably foreseeable combination of any transportation fuel source described in subclauses (I) through (XII). (3) Electricity sector assessment.-- (A) In general.--The study shall include a lifecycle assessment of the quantity of water withdrawn and consumed in the production of electricity to evaluate the ratio that-- (i) the quantity of water used and consumed in the production of electricity (measured in gallons); bears to (ii) the quantity of electricity that is produced (measured in kilowatt-hours). (B) Scope of assessment.--The assessment shall include, as applicable-- (i) the exploration for, or extraction or growing of, energy feedstock; (ii) the processing of energy feedstock for electricity production; and (iii) the production of electricity. (C) Generation types.--The assessment shall contain an evaluation and analysis of electricity generation facilities that are constructed in accordance with different plant designs (including different cooling technologies such as water, air, and hybrid systems, and technologies designed to minimize carbon dioxide releases) based on the fuel used by the facility, including-- (i) coal; (ii) natural gas; (iii) oil; (iv) nuclear energy; (v) solar energy; (vi) wind energy; (vii) geothermal energy; (viii) biomass; (ix) the beneficial use of waste heat; and (x) any reasonably foreseeable combination of any fuel described in clauses (i) through (ix). (4) Assessment of additional impacts.--In addition to the impacts associated with the direct use and consumption of water resources in the transportation and electricity sectors described in paragraphs (2) and (3), the study shall contain an identification and analysis of any unique water impact associated with a specific fuel source, including an impact resulting from-- (A) any extraction or mining practice; (B) the transportation of feedstocks from the point of extraction to the point of processing; (C) the transportation of fuel and power from the point of processing to the point of consumption; and (D) the location of a specific fuel source that is limited to 1 or more specific geographical regions. (c) Report to Secretary.--Not later than 18 months after the date of enactment of this Act, the National Academy of Sciences shall submit to the Secretary a report that contains a summary of the results of the study conducted under this section. (d) Availability of Results of Study.--On the date on which the National Academy of Sciences completes the study under this section, the National Academy of Sciences shall make available to the public the results of the study. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. SEC. 3. POWER PLANT WATER AND ENERGY EFFICIENCY. (a) In General.--To protect water supplies and promote the efficient use of water in the electricity production sector, the Secretary, in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, shall conduct a study to identify the best available technologies and related strategies to maximize water and energy efficiency in the production of electricity by each type of generation. (b) Generation Types.--The study shall include an evaluation of different types of generation facilities, including-- (1) coal facilities, under which the evaluation shall account for-- (A) different types of coal and associated generating technologies; and (B) the use of technologies designed to minimize and sequester carbon dioxide releases; (2) oil and natural gas facilities, under which the evaluation shall account for the use of technologies designed to minimize and sequester carbon dioxide releases; (3) hydropower, including turbine upgrades, incremental hydropower, in-stream hydropower, and pump-storage projects; (4) thermal solar facilities; and (5) nuclear facilities. (c) Report to Congress.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that contains a description of the results of the study conducted under this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section, to remain available until expended. SEC. 4. WATER CONSERVATION AND ENERGY SAVINGS STUDY. (a) Definitions.--In this section: (1) Major reclamation project.--The term ``major Reclamation project'' means a multipurpose project authorized by the Federal Government and carried out by the Bureau of Reclamation. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. (b) Study.-- (1) In general.--In accordance with paragraph (2), to promote the efficient use of energy in water distribution systems, the Secretary shall conduct a study to evaluate the quantities of energy used in water storage and delivery operations in major Reclamation projects. (2) Elements.--In conducting the study, the Secretary shall-- (A) with respect to each major Reclamation project-- (i) assess and estimate the annual energy consumption associated with the major Reclamation project; and (ii) identify-- (I) each major Reclamation project that consumes the greatest quantity of energy; and (II) the aspect of the operation of each major Reclamation project described in subclause (I) that is the most energy intensive (including water storage and releases, water delivery, and administrative operations); and (B) identify opportunities to significantly reduce current energy consumption and costs with respect to each major Reclamation project described in subparagraph (A), including, as applicable, through-- (i) reduced groundwater pumping; (ii) improved reservoir operations; (iii) infrastructure rehabilitation; (iv) water reuse; and (v) the integration of renewable energy generation with project operations. (c) Report to Congress.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that contains a description of the results of the study conducted under this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section, to remain available until expended. SEC. 5. BRACKISH GROUNDWATER NATIONAL DESALINATION RESEARCH FACILITY. (a) Definitions.--In this section: (1) Facility.--The term ``facility'' means the Brackish Groundwater National Desalination Research Facility, located in Otero County, New Mexico. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Duty of Secretary.--The Secretary shall operate, manage, and maintain the facility to carry out research, development, and demonstration activities to develop technologies and methods that promote brackish groundwater desalination as a viable method to increase water supply in a cost-effective manner. (c) Objectives; Activities.-- (1) Objectives.--The Secretary shall operate and manage the facility as a state-of-the-art desalination research center-- (A) to develop new water and energy technologies with widespread applicability; and (B) to create new supplies of usable water for municipal, agricultural, industrial, or environmental purposes. (2) Activities.--In operating, managing, and maintaining the facility under subsection (b), the Secretary shall carry out-- (A) as a priority, the development of renewable energy technologies for integration with desalination technologies-- (i) to reduce the capital and operational costs of desalination; (ii) to minimize the environmental impacts of desalination; and (iii) to increase public acceptance of desalination as a viable water supply process; (B) research regarding various desalination processes, including improvements in reverse and forward osmosis technologies; (C) the development of innovative methods and technologies to reduce the volume and cost of desalination concentrated wastes in an environmentally sound manner; (D) an outreach program to create partnerships with States, academic institutions, private entities, and other appropriate organizations to conduct research, development, and demonstration activities, including the establishment of rental and other charges to provide revenue to help offset the costs of operating and maintaining the facility; and (E) an outreach program to educate the public on-- (i) desalination and renewable energy technologies; and (ii) the benefits of using water in an efficient manner. (d) Authority of Secretary.--The Secretary may enter into contracts or other agreements with, or make grants to, appropriate entities to carry out this section, including an agreement with an academic institution to manage research activities at the facility. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended. SEC. 6. ENHANCED INFORMATION ON WATER-RELATED ENERGY CONSUMPTION. Section 205 of the Department of Energy Organization Act (42 U.S.C. 7135) is amended by adding at the end the following: ``(n) Water-Related Energy Consumption.-- ``(1) In general.--Not less than once during each 3-year period, to aid in the understanding and reduction of the quantity of energy consumed in association with the use of water, the Administrator shall conduct an assessment under which the Administrator shall collect information on energy consumption in various sectors of the economy that are associated with the acquisition, treatment, or delivery of water. ``(2) Required sectors.--An assessment described in paragraph (1) shall contain an analysis of water-related energy consumption for all relevant sectors of the economy, including water used for-- ``(A) agricultural purposes; ``(B) municipal purposes; ``(C) industrial purposes; and ``(D) domestic purposes. ``(3) Effect.--Nothing in this subsection affects the authority of the Administrator to collect data under section 52 of the Federal Energy Administration Act of 1974 (15 U.S.C. 790a).''. SEC. 7. ENERGY-WATER RESEARCH AND DEVELOPMENT ROADMAP. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary shall develop a document to be known as the ``Energy-Water Research and Development Roadmap'' to define the future research, development, demonstration, and commercialization efforts that are required to address emerging water-related challenges to future, cost-effective, reliable, and sustainable energy generation and production. (b) Report.--Not later than 120 days after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report describing the document described in subsection (a), including recommendations for any future action with respect to the document.

Summary: Energy and Water Integration Act of 2009 - Directs the Secretary of Energy (the Secretary) to enter into an arrangement with the National Academy of Sciences to conduct an in-depth analysis of the impact of energy development and production on U.S. water resources. Requires the study to include a lifecycle assessment of the quantity of water withdrawn and consumed in the production of transportation fuels or electricity. Requires the Secretary to conduct a study to identify the best available technologies and related strategies to maximize water and energy efficiency in the production of electricity by each type of generation (coal, oil and natural gas, hydropower, thermal solar, and nuclear). Directs the Secretary of the Interior: (1) acting through the Commissioner of Reclamation, to conduct a study to evaluate the quantities of energy used in water storage and delivery operations in major reclamation projects; and (2) to operate, manage, and maintain the Brackish Groundwater National Desalination Research Facility in Otero County, New Mexico, to carry out research, development, and demonstration activities to develop technologies and methods that promote brackish groundwater desalination as a viable method to increase water supply in a cost-effective manner. Amends the Department of Energy Organization Act to require the Administrator of the Energy Information Administration to conduct an assessment of energy consumption in various sectors of the economy that are associated with the acquisition, treatment, or delivery of water. Requires the Secretary to develop an Energy-Water Research and Development Roadmap.


SECTION 1. DEMONSTRATION PROJECT TO INCLUDE CERTAIN COVERED BENEFICIARIES WITHIN FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) Demonstration Project.--(1) Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1107. Health care coverage through Federal Employees Health Benefits program: demonstration project ``(a) FEHBP Option Demonstration.--(1) Subject to paragraph (2), the Secretary of Defense, after consulting with the other administering Secretaries, shall enter into an agreement with the Office of Personnel Management to conduct a demonstration project under which covered beneficiaries described in subsection (b) and residing within the area covered by the demonstration project will be eligible to enroll in health benefits plans offered through the Federal Employees Health Benefits program under chapter 89 of title 5. ``(2) The authority to enter into the agreement described in paragraph (1) and to conduct the demonstration project provided for by the agreement shall be subject to the availability of appropriations to carry out the demonstration project. ``(b) Eligible Covered Beneficiaries.--(1) A covered beneficiary referred to in subsection (a) is a member or former member of the uniformed services described in section 1074(b) of this title, or a dependent of the member described in section 1076(b) of this title, who is or becomes entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.). ``(2) A covered beneficiary described in paragraph (1) shall not be required to satisfy any eligibility criteria specified in chapter 89 of title 5 as a condition for enrollment in health benefits plans offered through the Federal Employee Health Benefits program under the demonstration project. However, if the covered beneficiary is enrolled in the supplemental medical insurance program under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) before the covered beneficiary enrolls in a health benefits plan offered pursuant to subsection (a), the covered beneficiary shall be required to remain enrolled in such supplemental medical insurance program during the term of the demonstration project. ``(c) Area of Demonstration Project.--The Secretary of Defense shall carry out the demonstration project in two geographic areas as follows: ``(1) One area shall include the catchment area of one or more military medical treatment facilities, within which not more than 25,000 eligible covered beneficiaries reside. ``(2) The other area shall not include the catchment area of any military medical treatment facility and not more than 25,000 eligible covered beneficiaries may reside in the area. ``(d) Time for Demonstration Project.--The Secretary of Defense shall conduct the demonstration project during at least two, but not more than three, contract years under the Federal Employees Health Benefits program. ``(e) Management of Participation.--The authority responsible for approving retired or retainer pay or equivalent pay in the case of a member or former member shall manage the participation of the member or former member, or dependents of the member or former member, who enroll in health benefits plans offered through the Federal Employee Health Benefits program pursuant to subsection (a). Such authority shall distribute program information to eligible covered beneficiaries, process enrollment applications, forward all required contributions to the Employees Health Benefits Fund established under section 8909 of title 5 in a timely manner, assist in the reconciliation of enrollment records with health plans, and prepare such reports as the Office of Personnel Management may require in its administration of chapter 89 of title 5. ``(f) Separate Risk Pools; Charges.--(1) The Office of Personnel Management shall require health benefits plans under chapter 89 of title 5 that participate in the demonstration project to maintain a separate risk pool for purposes of establishing premium rates for covered beneficiaries who enroll in such a plan in accordance with this section. ``(2) The Office shall determine total subscription charges for self only or for family coverage for covered beneficiaries who enroll in a health benefits plan under chapter 89 of title 5 in accordance with this section, which shall include premium charges paid to the plan and amounts described in section 8906(c) of title 5 for administrative expenses and contingency reserves. ``(g) Government Contributions.--The Secretary of Defense shall be responsible for the Government contribution for an eligible covered beneficiary who enrolls in a health benefits plan under chapter 89 of title 5 in accordance with this section, except that the amount of the contribution may not exceed the amount of the Government contribution which would be payable if the electing individual were an employee enrolled in the same health benefits plan and level of benefits. ``(h) Effect of Cancellation.--The cancellation by a covered beneficiary of coverage under the Federal Employee Health Benefits program shall be irrevocable during the term of the demonstration project. ``(i) Reporting Requirements.--Not later than May 31 of each year in which the demonstration project is conducted, the Secretary of Defense and the Director of the Office of Personnel Management shall jointly submit a report to Congress describing the provision of health care services to covered beneficiaries under this section during the preceding calendar year. The report shall address or contain the following: ``(1) The number of covered beneficiaries enrolled in health benefits plans offered through the Federal Employee Health Benefits program pursuant to subsection (a), both in terms of total number and as a percentage of all covered beneficiaries receiving health care through the health care system of the uniformed services. ``(2) Any changes in enrollment patterns and numbers compared to previous open seasons under the demonstration project. ``(3) The out-of-pocket cost to enrollees under such health benefits plans and a comparison of those costs to the costs incurred by other enrollees under the Federal Employee Health Benefits program. ``(4) The cost to the Government (including the Department of Defense, the Department of Transportation, and the Department of Health and Human Services) of providing care under such health benefits plans. ``(5) A comparison of the costs determined under paragraphs (3) and (4) and the costs that would have otherwise been incurred by the Government and enrollees under alternative health care options available to the administering Secretaries. ``(6) The effect of this section on the cost, access, and utilization rates of other health care options under the health care system of the uniformed services.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1107. Health care coverage through Federal Employees Health Benefits program: demonstration project.''. (b) Chapter 89 of title 5, United States Code, is amended-- (1) in section 8905-- (A) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and (B) by inserting after subsection (c) the following new subsection: ``(d) An individual whom the Secretary of Defense determines is an eligible covered beneficiary under subsection (b) of section 1107 of title 10 may enroll, as part of the demonstration project under such section, in a health benefits plan under this chapter in accordance with the agreement under subsection (a) of such section between the Secretary and the Office and applicable regulations under this chapter.''; (2) in section 8906(b)-- (A) in paragraph (1), by striking ``paragraphs (2) and (3)'' and inserting in lieu thereof ``paragraphs (2), (3), and (4)''; and (B) by adding at the end the following new paragraph: ``(4) In the case of individuals who enroll, as part of the demonstration project under section 1107 of title 10, in a health benefits plan in accordance with section 8905(d) of this title, the Government contribution shall be determined in accordance with section 1107(g) of title 10.''; and (3) in section 8906(g)-- (A) in paragraph (1), by striking ``paragraph (2)'' and inserting in lieu thereof ``paragraphs (2) and (3)''; and (B) by adding at the end the following new paragraph: ``(3) The Government contribution described in subsection (b)(4) for beneficiaries who enroll, as part of the demonstration project under section 1107 of title 10, in accordance with section 8905(d) of this title shall be paid as provided in section 1107(g) of title 10.''.

Summary: Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to conduct a demonstration project under which covered members and beneficiaries under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) who are or become entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act will be eligible to enroll in health benefits plans offered through the Federal Employees Health Benefits (FEHB) program. Requires the demonstration project to be conducted in two geographic areas and to last at least two, but not more than three, contract years. Provides for: (1) management of participation in the project; (2) Government contributions for beneficiary coverage under the FEHB program; and (3) reporting requirements.


SECTION 1. FINANCIAL INFORMATION PRIVACY. (a) In General.--The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``TITLE X--FINANCIAL INFORMATION PRIVACY PROTECTION ``Sec. ``1001. Short title. ``1002. Definitions. ``1003. Privacy protection for customer information of financial institutions. ``1004. Administrative enforcement. ``1005. Civil liability. ``1006. Criminal penalty. ``1007. Relation to State laws. ``1008. Agency guidance. ``Sec. 1001. Short title ``This title may be cited as the `Financial Information Privacy Act'. ``Sec. 1002. Definitions ``For purposes of this title, the following definitions shall apply: ``(1) Customer.--The term `customer' means, with respect to a financial institution, any person (or authorized representative of a person) to whom the financial institution provides a product or service, including that of acting as a fiduciary. ``(2) Customer information of a financial institution.--The term `customer information of a financial institution' means any information maintained by a financial institution which is derived from the relationship between the financial institution and a customer of the financial institution and is identified with the customer. ``(3) Document.--The term `document' means any information in any form. ``(4) Financial institution.-- ``(A) In general.--The term `financial institution' means any institution engaged in the business of providing financial services to customers who maintain a credit, deposit, trust, or other financial account or relationship with the institution. ``(B) Certain financial institutions specifically included.--The term `financial institution' includes any depository institution (as defined in section 19(b)(1)(A) of the Federal Reserve Act), any loan or finance company, any credit card issuer or operator of a credit card system, and any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis (as defined in section 603(p)). ``(C) Further definition by regulation.--The Board of Governors of the Federal Reserve System may prescribe regulations further defining the term `financial institution', in accordance with subparagraph (A), for purposes of this title. ``Sec. 1003. Privacy protection for customer information of financial institutions ``(a) Prohibition on Obtaining Customer Information by False Pretenses.--It shall be a violation of this title for any person to obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, customer information of a financial institution relating to another person-- ``(1) by knowingly making a false, fictitious, or fraudulent statement or representation to an officer, employee, or agent of a financial institution with the intent to deceive the officer, employee, or agent into relying on that statement or representation for purposes of releasing the customer information; ``(2) by knowingly making a false, fictitious, or fraudulent statement or representation to a customer of a financial institution with the intent to deceive the customer into relying on that statement or representation for purposes of releasing the customer information or authorizing the release of such information; or ``(3) by knowingly providing any document to an officer, employee, or agent of a financial institution, knowing that the document is forged, counterfeit, lost, or stolen, was fraudulently obtained, or contains a false, fictitious, or fraudulent statement or representation, if the document is provided with the intent to deceive the officer, employee, or agent into relying on that document for purposes of releasing the customer information. ``(b) Prohibition on Solicitation of a Person To Obtain Customer Information From Financial Institution Under False Pretenses.--It shall be a violation of this title to request a person to obtain customer information of a financial institution, knowing or consciously avoiding knowing that the person will obtain, or attempt to obtain, the information from the institution in any manner described in subsection (a). ``(c) Nonapplicability to Law Enforcement Agencies.--No provision of this section shall be construed so as to prevent any action by a law enforcement agency, or any officer, employee, or agent of such agency, to obtain customer information of a financial institution in connection with the performance of the official duties of the agency. ``(d) Nonapplicability to Financial Institutions in Certain Cases.--No provision of this section shall be construed so as to prevent any financial institution, or any officer, employee, or agent of a financial institution, from obtaining customer information of such financial institution in the course of-- ``(1) testing the security procedures or systems of such institution for maintaining the confidentiality of customer information; ``(2) investigating allegations of misconduct or negligence on the part of any officer, employee, or agent of the financial institution; or ``(3) recovering customer information of the financial institution which was obtained or received by another person in any manner described in subsection (a) or (b). ``(e) Nonapplicability to Certain Types of Customer Information of Financial Institutions.--No provision of this section shall be construed so as to prevent any person from obtaining customer information of a financial institution that otherwise is available as a public record filed pursuant to the securities laws (as defined in section 3(a)(47) of the Securities Exchange Act of 1934). ``Sec. 1004. Administrative enforcement ``(a) Enforcement by Federal Trade Commission.--Except as provided in subsection (b), compliance with this title shall be enforced by the Federal Trade Commission in the same manner and with the same power and authority as the Commission has under title VIII, the Fair Debt Collection Practices Act, to enforce compliance with such title. ``(b) Enforcement by Other Agencies in Certain Cases.-- ``(1) In general.--Compliance with this title shall be enforced under-- ``(A) section 8 of the Federal Deposit Insurance Act, in the case of-- ``(i) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency; ``(ii) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act, by the Board; ``(iii) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System and national nonmember banks) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit Insurance Corporation; and ``(iv) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, by the Director of the Office of Thrift Supervision; and ``(B) the Federal Credit Union Act, by the Administrator of the National Credit Union Administration with respect to any Federal credit union. ``(2) Violations of this title treated as violations of other laws.--For the purpose of the exercise by any agency referred to in paragraph (1) of its powers under any Act referred to in that paragraph, a violation of this title shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in paragraph (1), each of the agencies referred to in that paragraph may exercise, for the purpose of enforcing compliance with this title, any other authority conferred on such agency by law. ``(c) State Action for Violations.-- ``(1) Authority of states.--In addition to such other remedies as are provided under State law, if the chief law enforcement officer of a State, or an official or agency designated by a State, has reason to believe that any person has violated or is violating this title, the State-- ``(A) may bring an action to enjoin such violation in any appropriate United States district court or in any other court of competent jurisdiction; ``(B) may bring an action on behalf of the residents of the State to recover damages of not more than $1,000 for each violation; and ``(C) in the case of any successful action under subparagraph (A) or (B), shall be awarded the costs of the action and reasonable attorney fees as determined by the court. ``(2) Rights of federal regulators.-- ``(A) Prior notice.--The State shall serve prior written notice of any action under paragraph (1) upon the Federal Trade Commission and, in the case of an action which involves a financial institution described in section 1004(b)(1), the agency referred to in such section with respect to such institution and provide the Federal Trade Commission and any such agency with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. ``(B) Right to intervene.--The Federal Trade Commission or an agency described in subsection (b) shall have the right-- ``(i) to intervene in an action under paragraph (1); ``(ii) upon so intervening, to be heard on all matters arising therein; ``(iii) to remove the action to the appropriate United States district court; and ``(iv) to file petitions for appeal. ``(3) Investigatory powers.--For purposes of bringing any action under this subsection, no provision of this subsection shall be construed as preventing the chief law enforcement officer, or an official or agency designated by a State, from exercising the powers conferred on the chief law enforcement officer or such official 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. ``(4) Limitation on state action while federal action pending.--If the Federal Trade Commission or any agency described in subsection (b) has instituted a civil action for a violation of this title, no State may, during the pendency of such action, bring an action under this section against any defendant named in the complaint of the Federal Trade Commission or such agency for any violation of this title that is alleged in that complaint. ``Sec. 1005. Civil liability ``Any person, other than a financial institution, who fails to comply with any provision of this title with respect to any financial institution or any customer information of a financial institution shall be liable to such financial institution or the customer to whom such information relates in an amount equal to the sum of the amounts determined under each of the following paragraphs: ``(1) Actual damages.--The greater of-- ``(A) the amount of any actual damage sustained by the financial institution or customer as a result of such failure; or ``(B) any amount received by the person who failed to comply with this title, including an amount equal to the value of any nonmonetary consideration, as a result of the action which constitutes such failure. ``(2) Additional damages.--Such additional amount as the court may allow. ``(3) Attorneys' fees.--In the case of any successful action to enforce any liability under paragraph (1) or (2), the costs of the action, together with reasonable attorneys' fees. ``Sec. 1006. Criminal penalty ``(a) In General.--Whoever violates, or attempts to violate, section 1003 shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both. ``(b) Enhanced Penalty for Aggravated Cases.--Whoever violates, or attempts to violate, section 1003 while violating another law of the United States or as part of a pattern of any illegal activity involving more than $100,000 in a 12-month period shall be fined twice the amount provided in subsection (b)(3) or (c)(3) (as the case may be) of section 3571 of title 18, United States Code, imprisoned for not more than 10 years, or both. ``Sec. 1007. Relation to State laws ``(a) In General.--This title shall not be construed as superseding, altering, or affecting the statutes, regulations, orders, or interpretations in effect in any State, except to the extent that such statutes, regulations, orders, or interpretations are inconsistent with the provisions of this title, and then only to the extent of the inconsistency. ``(b) Greater Protection Under State Law.--For purposes of this section, a State statute, regulation, order, or interpretation is not inconsistent with the provisions of this title if the protection such statute, regulation, order, or interpretation affords any person is greater than the protection provided under this title. ``Sec. 1008. Agency guidance ``In furtherance of the objectives of this title, each Federal banking agency (as defined in section 3(z) of the Federal Deposit Insurance Act) shall issue advisories to depository institutions under the jurisdiction of the agency, in order to assist such depository institutions in deterring and detecting activities proscribed under section 1003.''. (b) Report to the Congress.--Before the end of the 18-month period beginning on the date of the enactment of this Act, the Comptroller General, in consultation with the Federal Trade Commission, Federal banking agencies, and appropriate Federal law enforcement agencies, shall submit to the Congress a report on the following: (1) The efficacy and adequacy of the remedies provided in the amendments made by subsection (a) in addressing attempts to obtain financial information by fraudulent means or by false pretenses. (2) Any recommendations for additional legislative or regulatory action to address threats to the privacy of financial information created by attempts to obtain information by fraudulent means or false pretenses.

Summary: Financial Information Privacy Act - Amends the Consumer Credit Protection Act to: (1) specify the types of enterprises constituting a financial institution within its purview; and (2) authorize the Board of Governors of the Federal Reserve System to prescribe regulations clarifying or describing the types of institutions which shall be treated as financial institutions for purposes of this Act. Declares it a violation of this Act to obtain or disclose under false pretenses customer information of a financial institution. Grants the Federal Trade Commission (FTC), certain banking regulatory agencies, and the States enforcement powers under this Act. Subjects violations of this Act to civil liability for damages and Federal criminal penalties. Requires each Federal banking agency to issue advisories to depository institutions within its purview in order to assist in deterring and detecting the acts proscribed by this Act. Requires the Comptroller General to report to the Congress on: (1) the efficacy and adequacy of the remedies provided in this Act; and (2) recommendations for additional action to address threats to the privacy of financial information.


SECTION 1. SHORT TITLE. This Act may be cited as the ``PLO Accountability Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) The Palestine Liberation Organization (PLO) Mission office, representing the PLO, and by extension, the Palestinian Authority (PA), in Washington, DC, was opened in 1994 in order to implement the Oslo Accords, which initiated direct negotiations between the PLO and the Government of Israel. (2) Section 1003 of the Anti-Terrorism Act of 1987 (Public Law 100-204; 22 U.S.C. 5202), makes it unlawful to ``establish or maintain an office, headquarters, premises, or other facilities or establishments within the jurisdiction of the United States at the behest or direction of, or with funds provided by the Palestine Liberation Organization or any of its constituent groups, any successor to any of those, or any agents thereof''. (3) Using various authorities, the executive branch has waived the provisions of section 1003 of the Anti-Terrorism Act of 1987. (4) Article XXXI, clause 7, of the Israeli-Palestinian Interim Agreement on the Status of the West Bank and the Gaza Strip (September 28, 1995) states that ``Neither side shall initiate or take any step that will change the status of the West Bank and the Gaza Strip pending the outcome of the permanent status negotiations''. (5) In January 2009, the PLO sent a declaration to the International Criminal Court under Article 12(3) of the Rome Statute of the International Criminal Court on behalf of the Palestinian Authority. (6) On October 31, 2011, the United Nations Educational, Scientific and Cultural Organization (UNESCO) voted to admit the ``State of Palestine'' as its 195th full member. Since being admitted, the Palestinians have used UNESCO to pass anti- Israel resolutions, including a recent effort to deny the historical connection of the Jewish people to holy sites including the Temple Mount and Western Wall in Jerusalem. (7) On November 29, 2012, the United Nations General Assembly voted to accord the ``State of Palestine'' status as a nonmember observer State at the United Nations. (8) On April 2, 2014, the PLO joined the Geneva Conventions as well as 13 other organizations. (9) On January 2, 2015, the PLO acceded to the Rome Statute, and on January 16, 2015, the Prosecutor of the International Criminal Court opened a ``preliminary examination of the situation in Palestine'' after accepting jurisdiction of the International Criminal Court over ``alleged crimes committed in the occupied Palestinian territory, including East Jerusalem, since June 13, 2014''. (10) The PLO's decision to accede to the Rome Statute as well as several international organizations is an attempt to change the status of the West Bank and the Gaza Strip outside of direct negotiations between the Israelis and Palestinians. (11) On January 7, 2015, the Department of State's Office of the Spokesperson stated, ``we have made clear our opposition to Palestinian action in seeking to join the Rome Statute of the International Criminal Court''. (12) On April 1, 2015, the ``State of Palestine'' officially became a member of the International Criminal Court. (13) The PLO and PA continue to engage in incitement and glorify terrorism, and reward terrorists, their families, and the families of those who died committing terrorist attacks with roughly $300,000,000 annually in salaries and benefits, providing a higher reward to those with longer jail sentences. (14) On August 30, 2016, Deputy Secretary of State, Anthony J. Blinken, submitted to Congress a report as required under section 804(b) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246), sections 603 and 604 of the Middle East Peace Commitments Act of 2002 (subtitle A of title VI of Public Law 107-228), and section 699 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228). (15) In this report, Deputy Secretary of State Blinken, acting under authority delegated to him as Deputy Secretary pursuant to the President's Delegation of Functions on April 30, 2009, made the determination that ``the PLO and PA are not in compliance with certain commitments to prevent violations, discipline violators, and assume responsibility over all PLO elements . . . thus the sanction specified in section 604(a)(2) of [Public Law 107-228], calling for a downgrade in status of the PLO office in Washington, DC, has been imposed''. (16) On January 31, 2017, then Acting Secretary of State, Thomas Shannon, pursuant to the President's Delegation of Functions dated April 30, 2009, submitted to Congress a similar report to Congress as required under section 804(b) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, sections 603 and 604 of the Middle East Peace Commitments Act of 2002, and section 699 of the Foreign Relations Authorization Act, Fiscal Year 2003, in which the same determination was made that the PLO and PA are not in compliance with their commitments, and imposed the same sanction of a downgrade in the status of the PLO office in Washington, DC. (17) In both the August 30, 2016, and January 31, 2017, reports, the sanctions were immediately waived. (18) Section 604(a) of the Foreign Relations Authorization Act, Fiscal Year 2003 requires that if the President determines that the PLO or the Palestinian Authority has not complied with each of the commitments specified in such section, the President shall impose one or more of the following sanctions: (A) The denial of visas to PLO and PA officials. (B) The downgrade in status of the PLO office in the United States. (C) The designation as a foreign terrorist organization of the PLO, or one or more of its constituent groups (including Fatah). (D) The prohibition on United States assistance to the West Bank and Gaza (except humanitarian assistance). SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Palestine Liberation Organization (PLO) has failed to live up to its commitment to a bilateral peace process with Israel, renounce violence, accept Israel's right to exist, honor previous diplomatic agreements made by the Palestinians, and continues to circumvent a negotiated settlement with Israel by seeking unilateral statehood at the United Nations and from other countries, actively endorsing terror, and supporting boycotts, divestments, and sanctions (BDS) against Israel; (2) the Palestinian initiation of an International Criminal Court preliminary examination, investigation, or active support for such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians, is part of a deliberate effort to engage in diplomatic, legal warfare against Israel and would violate the Palestinians' commitment to not change the status of the West Bank and Gaza Strip; (3) the only path towards solving the conflict is through direct negotiations between Israel and the Palestinians; (4) the Palestinians should not turn to outside parties, including international organizations, to impose or otherwise influence a solution; (5) it is in the national security interests of the United States to close down the PLO office in Washington, DC; and (6) the executive branch should avail itself of the range of sanctions as allowed under the authority to impose sanctions under section 604 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228) in order to hold the Palestinian leadership accountable. SEC. 4. PROHIBITIONS REGARDING THE PALESTINE LIBERATION ORGANIZATION UNDER THE ANTI-TERRORISM ACT OF 1987. Section 1003 of the Anti-Terrorism Act of 1987 (22 U.S.C. 5202) is amended-- (1) by striking ``It shall be unlawful'' and inserting ``(a) In General.--It shall be unlawful''; and (2) by adding at the end the following: ``(b) Waiver.--Notwithstanding any other provision of law, including section 604 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228), the President may waive for a period of not more than 6 months the provisions of subsection (a) if the President determines and certifies in writing to Congress, not later than 45 days before the waiver is to take effect, that-- ``(1)(A) the Palestinians have not, on or after January 1, 2017, obtained in the United Nations or any specialized agency thereof the same standing as member states or full membership as a state outside an agreement negotiated between Israel and the Palestinians; ``(B) the Palestinians have officially ceased to be members of the International Criminal Court (ICC) and have withdrawn from the Rome Statute of the International Criminal Court; ``(C) any preliminary examination or ongoing investigation against Israel, the Government of Israel, the Israeli Armed or Security Forces, or any Israeli national initiated by, or on behalf of, the Palestinians, or referred to the ICC by a state party, the United Nations Security Council, or a Pre-Trial Chamber has been withdrawn and terminated; ``(D) the PLO and the Palestinian Authority no longer provide any financial award, payment, salary or benefit to Palestinians who have committed terrorist attacks, their families, or the families of those who died committing acts of terrorism; ``(E) the PLO and the Palestinian Authority has ceased to engage in a pattern of incitement against or with respect to the United States or Israel; or ``(2) the Palestinians have entered into a final negotiated peace agreement with, and have ceased all hostilities against, Israel. ``(c) Definition.--In subsection (b)(1)(E), the term `incitement' means to advocate, endorse, or express support for violence, martyrdom, or terrorism, or glorify, honor, or otherwise memorialize any person or group that has advocated, sponsored, or committed acts of terrorism, including the naming after or dedication to such person or group of any school, community center, camp, sports team, stadium, public square, street, land, landmark, waterway, or other facility.''.

Summary: PLO Accountability Act of 2017 This bill amends the Anti-Terrorism Act of 1987 to authorize the President to waive for up to six months the prohibition against establishment or maintenance of Palestine Liberation Organization (PLO) offices, headquarters, premises, or other facilities within U.S. jurisdiction if the President certifies to Congress that the Palestinians have entered into a final negotiated peace agreement with, and have ceased hostilities against, Israel or that: the Palestinians have not, on or after January 1, 2017, obtained state standing in the United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the Palestinians; the Palestinians have officially ceased to be International Criminal Court (ICC) members and have withdrawn from the Rome Statute of the ICC; any ICC investigation against Israel initiated by, or on behalf of, the Palestinians has been withdrawn and terminated; the PLO and the Palestinian Authority (PA) no longer provide financial awards, payments, salaries, or benefits to Palestinians who have committed terrorist attacks, their families, or the families of those who died committing acts of terrorism; and the PLO and the PA have ceased to engage in a pattern of incitement against the United States or Israel.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Interstate Abortion Notification Act''. SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION. Part I of title 18, United States Code, is amended by inserting after chapter 117 the following: ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION ``Sec. ``2431. Transportation of minors in circumvention of certain laws relating to abortion. ``2432. Transportation of minors in circumvention of certain laws relating to abortion and incest. ``Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion ``(a) Offense.-- ``(1) Generally.--Except as provided in subsection (b), whoever knowingly transports a minor across a State line, with the intent that the minor obtain an abortion, and thereby in fact abridges the right of a parent of the minor under a law requiring parental involvement in a minor's abortion decision, in force in the State in which the minor resides, shall be fined under this title or imprisoned not more than 1 year, or both. ``(2) Definition.--For the purposes of this subsection, an abridgement of the right of a parent of a minor occurs if an abortion is performed or induced on the minor, in a State other than the State in which the minor resides or in a foreign country, without the parental consent or notification, or the judicial authorization, that would have been required under a law requiring parental involvement in a minor's abortion decision had the abortion been performed in the State in which the minor resides. ``(b) Exceptions.-- ``(1) Life-endangering conditions.--The prohibition under subsection (a) shall not apply if the abortion is necessary to save the life of the minor because her life is endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself. ``(2) Minors and parents.--A minor transported in violation of this section, and any parent of that minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 of this title based on a violation of this section. ``(c) Affirmative Defense.--It is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant-- ``(1) reasonably believed, based on information the defendant obtained directly from a parent of the minor, that before the minor obtained the abortion, the parental consent or notification took place that would have been required under the law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State in which the minor resides; or ``(2) was presented with documentation showing with a reasonable degree of certainty that a court in the minor's State of residence waived any parental notification required by the laws of that State, or otherwise authorized that the minor be allowed to procure an abortion. ``(d) Civil Action.--Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor described in subsection (a). ``(e) Definitions.--For the purposes of this section-- ``(1) the term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove a dead unborn child; ``(2) the term `law requiring parental involvement in a minor's abortion decision' means a law-- ``(A) requiring, before an abortion is performed on a minor, either-- ``(i) the notification to, or consent of, a parent of that minor; or ``(ii) proceedings in a State court; and ``(B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity not described in that subparagraph; ``(3) the term `minor' means an individual who is not older than the maximum age requiring parental notification or consent, or proceedings in a State court, under a law requiring parental involvement in a minor's abortion decision; ``(4) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) an individual standing in loco parentis-- ``(i) who has care and control of the minor; ``(ii) with whom the minor regularly resides; and ``(iii) who is designated by the law requiring parental involvement in the minor's abortion decision as an individual to whom notification, or from whom consent, is required; and ``(5) the term `State' includes-- ``(A) the District of Columbia; ``(B) any commonwealth, possession, or other territory of the United States; and ``(C) any Indian tribe or reservation. ``Sec. 2432. Transportation of minors in circumvention of certain laws relating to abortion and incest ``(a) Offense.--Notwithstanding section 2431(b)(2), whoever has committed an act of incest with a minor and knowingly transports the minor across a State line with the intent that the minor obtain an abortion, shall be fined under this title or imprisoned not more than 1 year, or both. ``(b) Definitions.--For the purposes of this section, the terms `abortion', `minor', and `State' have the meanings given those terms in section 2435.''. SEC. 3. CHILD INTERSTATE ABORTION NOTIFICATION. Part I of title 18, United States Code, is amended by inserting after chapter 117A (as added by section 2) the following: ``CHAPTER 117B--CHILD INTERSTATE ABORTION NOTIFICATION ``Sec. ``2435. Child interstate abortion notification. ``Sec. 2435. Child interstate abortion notification ``(a) Offense.-- ``(1) Generally.--A physician who knowingly performs or induces an abortion on a minor in violation of the requirements of this section shall be fined under this title or imprisoned not more than 1 year, or both. ``(2) Parental notification.-- ``(A) Actual notice.--A physician who performs or induces an abortion on a minor who is a resident of a State other than the State in which the abortion is performed or induced shall provide, or cause his or her agent to provide, not less than 24 hours actual notice to a parent of the minor before performing or inducing the abortion. ``(B) Constructive notice.--If actual notice to a parent under subparagraph (A) is not accomplished after a reasonable effort has been made, not less than 24 hours constructive notice shall be given to a parent of the minor before the abortion is performed or induced. ``(b) Exceptions.--The notification requirement under subsection (a)(2) shall not apply if-- ``(1) the abortion is performed or induced in a State that has in force a law requiring parental involvement in a minor's abortion decision and the physician complies with the requirements of that law; ``(2) the physician is presented with documentation showing with a reasonable degree of certainty that a court in the minor's State of residence has waived any parental notification required by the laws of that State, or has otherwise authorized that the minor be allowed to procure an abortion; ``(3) the minor declares in a signed written statement that she is the victim of sexual abuse, neglect, or physical abuse by a parent, and, before an abortion is performed on the minor, the physician notifies the authorities specified to receive reports of child abuse or neglect by the law of the State in which the minor resides of the known or suspected abuse or neglect; ``(4) the abortion is necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself, except that an exception under this paragraph shall not apply unless the attending physician or an agent of such physician, not later than 24 hours after completion of the abortion, notifies a parent of the minor in writing that an abortion was performed on the minor and of the circumstances that warranted invocation of this paragraph; or ``(5) the minor is physically accompanied by a person who presents the physician or his or her agent with documentation showing with a reasonable degree of certainty that he or she is in fact the parent of that minor. ``(c) Civil Action.--Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor described in subsection (a). ``(d) Definitions.--For the purposes of this section-- ``(1) the term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove a dead unborn child; ``(2) the term `actual notice' means the giving of written notice directly, in person, by the physician or any agent of the physician; ``(3) the term `constructive notice' means notice that is given by certified mail, return receipt requested, restricted delivery to the last known address of the person being notified, with delivery deemed to have occurred 48 hours following noon on the next day subsequent to mailing on which regular mail delivery takes place, excluding days on which mail is not delivered; ``(4) the term `law requiring parental involvement in a minor's abortion decision' means a law-- ``(A) requiring, before an abortion is performed on a minor, either-- ``(i) the notification to, or consent of, a parent of that minor; or ``(ii) proceedings in a State court; and ``(B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity not described in that subparagraph; ``(5) the term `minor' means an individual who-- ``(A) has not attained the age of 18 years; and ``(B) is not emancipated under the law of the State in which the minor resides; ``(6) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) an individual standing in loco parentis-- ``(i) who has care and control of the minor; and ``(ii) with whom the minor regularly resides, as determined by State law; ``(7) the term `physician' means-- ``(A) a doctor of medicine legally authorized to practice medicine by the State in which the doctor practices medicine; or ``(B) any other person legally empowered under State law to perform an abortion; and ``(8) the term `State' includes-- ``(A) the District of Columbia; ``(B) any commonwealth, possession, or other territory of the United States; and ``(C) any Indian tribe or reservation.''. SEC. 4. CLERICAL AMENDMENT. The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following new items: ``117A. Transportation of minors in circumvention of certain 2431 laws relating to abortion. ``117B. Child interstate abortion notification.............. 2435''. SEC. 5. SEVERABILITY AND EFFECTIVE DATE. (a) Severability.--The provisions of this Act shall be severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated. (b) Effective Date.--This Act and the amendments made by this Act shall take effect 45 days after the date of enactment of this Act.

Summary: Child Interstate Abortion Notification Act This bill amends the federal criminal code to make it a crime to knowingly transport a minor to another state to obtain an abortion without satisfying a parental involvement law in the minor's resident state. A parental involvement law requires parental consent or notification, or judicial authorization, for a minor to obtain an abortion. A violator is subject to criminal penalties—a fine, up to one year in prison, or both. The bill provides an exception for an abortion that is necessary to save the life of a minor whose life is endangered by a physical disorder, illness, or condition. This bill prohibits an individual who has committed incest with a minor from knowingly transporting the minor across a state line to receive an abortion. Additionally, this bill makes it a crime for a physician to knowingly perform or induce an abortion on an out-of-state minor without first complying with parental notification requirements, subject to specified exceptions. A physician violator is subject to criminal penalties—a fine, up to one year in prison, or both.


SECTION 1. SHORT TITLE. This Act may be cited as the ``High-End Computing Revitalization Act of 2004''. SEC. 2. FINDINGS. Congress finds that-- (1) high-end computing is a critical component of the scientific advances, defense capabilities, and commercial competitiveness of the United States in the 21st century; (2) with the deployment of the Earth System Simulator in Japan, the United States no longer has a clear lead in high-end computing worldwide; (3)(A) promising new architectures should be developed that increase memory and network bandwidth, minimize latency, and coordinate the architectures' various components to maximize application performance; and (B) it is recognized that different architectures may be better suited to different applications; (4)(A) software that improves efficiency on and accessibility to high-end systems should be developed; and (B) this development effort should include research in optimal algorithms, programming environments, tools, languages, and operating systems for high-end computing, in collaboration with architecture development efforts; (5) without government support, market forces are unlikely to drive sufficient innovation in high-end computing, because the private sector would not capture the full value of its innovations on a short enough time frame; and (6) having played an important role in the development of high-end computing, networking, and information technology, the Department of Energy, and the research programs of the Office of Science of the Department, are particularly qualified to lead research in those fields. SEC. 3. DEFINITIONS. In this Act: (1) High-end computing system.-- (A) In general.--The term ``high-end computing system'' means a computing system with performance that substantially exceeds commonly available systems. (B) Inclusions.--The term ``high-end computing system'' includes a system described in subparagraph (A) that is based on a variety of architectures, including vector, reconfigurable logic, streaming, processor-in-memory, and multithreading architectures. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (3) Secretary.--The term ``Secretary'' means the Secretary of Energy, acting through the Director of the Office of Science of the Department of Energy. (4) Ultrascale scientific computing capability.--The term ``ultrascale scientific computing capability'' means a computing capability supporting open scientific research in the United States that is at least 100 times such computing capability in existence on the date of enactment of this Act. SEC. 4. HIGH-END COMPUTING SYSTEMS PROGRAM. (a) In General.--In addition to any other authority provided by law, the Secretary shall carry out a program of research and development (involving software and hardware) to advance high-end computing systems. (b) Duties.--In carrying out the program, the Secretary shall-- (1) support both individual investigators and multidisciplinary teams of investigators; (2) conduct research in multiple architectures, including vector, reconfigurable logic, streaming, processor-in-memory, and multithreading architectures; (3) conduct research in software development on optimal algorithms, programming environments, tools, languages, and operating systems for high-end computing systems, in collaboration with architecture development efforts; (4) in accordance with subsection (c), develop, plan, construct, acquire, or operate equipment or facilities for the use of investigators conducting research and development on an ultrascale scientific computing capability; (5) support technology transfer to the private sector and others in accordance with applicable law; and (6) ensure that the program is coordinated with relevant activities in industry and other Federal agencies, including the National Nuclear Security Administration, the National Science Foundation, the Defense Advanced Research Projects Agency, and the National Security Agency. (c) Ultrascale Scientific Computing Capability.-- (1) In general.--As part of the program carried out under this Act, the Secretary shall develop, plan, construct, acquire, or operate a coordinated set of facilities for investigators to develop an ultrascale scientific computing capability for-- (A) scientific research and development using high- end computing systems; and (B) developing potential advancements in high-end computing system architecture and software. (2) Administration.--In carrying out this subsection, the Secretary shall-- (A) support multiple high-end computing system architectures; and (B) conduct research on the basis of proposals (including proposals that are submitted by industry, institutions of higher education, national laboratories, or any Federal agency) for research on problems that would particularly benefit from large computing power, even as the reliability of new hardware and software components are being evaluated. (d) High-End Software Development Center.-- (1) In general.--As part of the program carried out under this Act, the Secretary shall develop, plan, construct, acquire, or operate at least 1 High-End Software Development Center. (2) Duties.--A Center shall concentrate efforts to develop, test, maintain, and support optimal algorithms, programming environments, tools, languages, and operating systems for high- end computing systems. (3) Staff.--A Center shall include-- (A) a regular research staff, to create a centralized knowledge-base for high-end software development; and (B) a rotating staff of researchers from other institutions and industry to assist in the coordination of research efforts and promote technology transfer to the private sector. (4) Use of expertise.--The Secretary shall use the expertise of a Center to assess research and development in high-end computing system architecture. (5) Location.--The location of a Center shall be determined by a competitive proposal process administered by the Secretary. (e) Peer Review.--Each grant, contract, cooperative agreement, and financial assistance awarded under this section shall be made only after independent peer review. (f) Classified Research or Facilities.--No funds under this section may be used to directly support classified research or facilities. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--In addition to amounts made available for high-end computing systems under other provisions of law, there are authorized to be appropriated to the Secretary to carry out this Act-- (1) $150,000,000 for fiscal year 2005; (2) $155,000,000 for fiscal year 2006; (3) $160,000,000 for fiscal year 2007; (4) $165,000,000 for fiscal year 2008; and (5) $170,000,000 for fiscal year 2009. (b) Ultrascale Scientific Computing Capability.--Of the funds made available under subsection (a), $100,000,000 is authorized to be appropriated for each fiscal year to carry out section 4(c). (c) High-End Software Development Center.--Of the funds made available under subsection (a), $10,000,000 is authorized to be appropriated for each fiscal year to carry out section 4(d).

Summary: High-End Computing Revitalization Act of 2004 - Instructs the Secretary of Energy to implement a research and development program to advance high-end computing systems, including establishment of a coordinated set of facilities for investigators to develop ultrascale scientific computing capability for: (1) scientific research and development using high-end computing systems; and (2) development of potential advancements in high-end computing system architecture and software. Requires such program to include establishment of at least one High-End Software Development Center.


SECTION 1. RESTORATION OF IMPORT AND ENTRY AGRICULTURAL INSPECTION FUNCTIONS TO THE DEPARTMENT OF AGRICULTURE. (a) Repeal of Transfer of Functions.--Section 421 of the Homeland Security Act of 2002 (6 U.S.C. 231) is repealed. (b) Conforming Amendment to Function of Secretary of Homeland Security.--Section 402 of the Homeland Security Act of 2002 (6 U.S.C. 202) is amended-- (1) by striking paragraph (7); and (2) by redesignating paragraph (8) as paragraph (7). (c) Transfer Agreement.-- (1) In general.--Not later than the effective date described in subsection (g), the Secretary of Agriculture and the Secretary of Homeland Security shall enter into an agreement to effectuate the return of functions required by the amendments made by this section. (2) Use of certain employees.--The agreement may include authority for the Secretary of Agriculture to use employees of the Department of Homeland Security to carry out authorities delegated to the Animal and Plant Health Inspection Service regarding the protection of domestic livestock and plants. (d) Restoration of Department of Agriculture Employees.--Not later than the effective date described in subsection (e), all full-time equivalent positions of the Department of Agriculture transferred to the Department of Homeland Security under section 421(g) of the Homeland Security Act of 2002 (6 U.S.C. 231(g)) (as in effect on the day before the effective date described in subsection (g)) shall be restored to the Department of Agriculture. (e) Authority of APHIS.-- (1) Establishment of program.--The Secretary of Agriculture shall establish within the Animal and Plant Health Inspection Service a program, to be known as the ``International Agricultural Inspection Program'', under which the Administrator of the Animal and Plant Health Inspection Service (referred to in this subsection as the ``Administrator'') shall carry out import and entry agricultural inspections. (2) Information gathering and inspections.--In carrying out the program under paragraph (1), the Administrator shall have full access to-- (A) each secure area of any terminal for screening passengers or cargo under the control of the Department of Homeland Security on the day before the date of enactment of this Act for purposes of carrying out inspections and gathering information; and (B) each database (including any database relating to cargo manifests or employee and business records) under the control of the Department of Homeland Security on the day before the date of enactment of this Act for purposes of gathering information. (3) Inspection alerts.--The Administrator may issue inspection alerts, including by indicating cargo to be held for immediate inspection. (4) Inspection user fees.--The Administrator may, as applicable-- (A) continue to collect any agricultural quarantine inspection user fee; and (B) administer any reserve account for the fees. (5) Career track program.-- (A) In general.--The Administrator shall establish a program, to be known as the ``import and entry agriculture inspector career track program'', to support the development of long-term career professionals with expertise in import and entry agriculture inspection. (B) Strategic plan and training.--In carrying out the program under this paragraph, the Administrator, in coordination with the Secretary of Agriculture, shall-- (i) develop a strategic plan to incorporate import and entry agricultural inspectors into the infrastructure protecting food, fiber, forests, bioenergy, and the environment of the United States from animal and plant pests, diseases, and noxious weeds; and (ii) as part of the plan under clause (i), provide training for import and entry agricultural inspectors participating in the program not less frequently than once each year to improve inspection skills. (f) Duties of Secretary.-- (1) In general.--The Secretary of Agriculture (referred to in this subsection as the ``Secretary'') shall-- (A) develop standard operating procedures for inspection, monitoring, and auditing relating to import and entry agricultural inspections, in accordance with recommendations from the Comptroller General of the United States and reports of interagency advisory groups, as applicable; and (B) ensure that the Animal and Plant Health Inspection Service has a national electronic system with real-time tracking capability for monitoring, tracking, and reporting inspection activities of the Service. (2) Federal and state cooperation.-- (A) Communication system.--The Secretary shall develop and maintain an integrated, real-time communication system with respect to import and entry agricultural inspections to alert State departments of agriculture of significant inspection findings of the Animal and Plant Health Inspection Service. (B) Advisory committee.-- (i) Establishment.--The Secretary shall establish a committee, to be known as the ``International Trade Inspection Advisory Committee'' (referred to in this subparagraph as the ``committee''), to advise the Secretary on policies and other issues relating to import and entry agricultural inspection. (ii) Model.--In establishing the committee, the Secretary shall use as a model the Agricultural Trade Advisory Committee. (iii) Membership.--The committee shall be composed of members representing-- (I) State departments of agriculture; (II) directors of ports and airports in the United States; (III) the transportation industry; (IV) the public; and (V) such other entities as the Secretary determines to be appropriate. (3) Report.--Not less frequently than once each year, the Secretary shall submit to Congress a report containing an assessment of-- (A) the resource needs for import and entry agricultural inspection, including the number of inspectors required; (B) the adequacy of-- (i) inspection and monitoring procedures and facilities in the United States; and (ii) the strategic plan developed under subsection (e)(5)(B)(i); and (C) new and potential technologies and practices, including recommendations regarding the technologies and practices, to improve import and entry agricultural inspection. (4) Funding.--The Secretary shall pay the costs of each import and entry agricultural inspector employed by the Animal and Plant Health Inspection Service-- (A) from amounts made available to the Department of Agriculture for the applicable fiscal year; or (B) if amounts described in subparagraph (A) are unavailable, from amounts of the Commodity Credit Corporation. (g) Effective Date.--The amendments made by this section take effect on the date that is 180 days after the date of enactment of this Act.

Summary: Amends the Homeland Security Act to repeal the transfer of agricultural import and entry inspection functions from the Department of Agriculture to the Department of Homeland Security (DHS). Directs the Secretary of Agriculture to establish within the Animal and Plant Health Inspection Service the international agricultural inspection program to carry out import and entry agricultural inspections.


SECTION 1. SHORT TITLE. This Act may be cited as the ``International Remittance Services Enhancement and Protection Act of 2003''. SEC. 2. FEDERAL CREDIT UNION ACT AMENDMENT. Paragraph (12) of section 107 of the Federal Credit Union Act (12 U.S.C. 1757(12)) is amended to read as follows: ``(12) in accordance with regulations prescribed by the Board-- ``(A) to sell or provide for a fee negotiable checks (including travelers checks), money orders, international money transfer services, and other similar money transfer instruments and services; and ``(B) to cash checks and money orders;''. SEC. 3. DISCLOSURES REQUIRED. (a) Regulations.--Subject to paragraph (2), the appropriate Federal agencies shall jointly prescribe regulations that require any financial institution or money transmitting business which initiates an international money transfer on behalf of a consumer (whether or not the consumer maintains an account at such institution or business) to provide the following disclosures to the consumer before the consummation of the transaction: (1) Any fees to be charged to the recipient, including any exchange rate or currency conversion fees. (2) A final itemization of all costs to the consumer, which would include all fees charged, for the remittance. (3) The exact amount of foreign currency to be received by the recipient in the foreign country. (b) Language Requirement.--The disclosures required under subsection (a) shall be in English and in any other language used by the financial institution or money transmitting business, or any of its agents, to advertise, solicit, or negotiate, either orally or in writing, at the office of the institution or business at which the international money transfer is initiated. (c) Definitions.--For purposes of this section, the following definitions shall apply: (1) Appropriate federal agency.--The term ``appropriate Federal agency'' means-- (A) the appropriate Federal banking agency, in the case of any insured depository institution; (B) the National Credit Union Administration, in the case of any insured credit union; and (C) the Federal Trade Commission, in the case of any financial institution or money transmitting business that is not an insured depository institution or insured credit union. (2) Appropriate federal banking agency.--The term ``appropriate Federal banking agency'' has the same meaning as in section 3 of the Federal Deposit Insurance Act; (3) Insured credit union.--The term ``insured credit union'' has the same meaning as in section 101 of the Federal Credit Union Act; (4) Insured depository institution.--The term ``insured depository institution'' has the same meaning as in section 3 of the Federal Deposit Insurance Act; (5) International money transfer.--The term ``international money transfer'' means any money transmitting service originating in the United States and involving an international transaction which is provided by a financial institution or a money transmitting business. (6) Money transmitting service.--The term ``money transmitting service'' has the same meaning as in section 5330(d)(2) of title 31, United States Code. (7) Money transmitting business.--The term ``money transmitting business'' means any business which-- (A) provides check cashing, currency exchange, or money transmitting or remittance services, or issues or redeems money orders, travelers' checks, and other similar instruments; and (B) is not a depository institution (as defined in section 5313(g) of title 31, United States Code). (d) Administrative Enforcement.-- (1) Depository institutions.-- (A) In general.--Compliance with the requirements imposed under this section shall be enforced under-- (i) section 8 of the Federal Deposit Insurance Act, in the case of an insured depository institution, by the appropriate Federal banking agency; and (ii) the Federal Credit Union Act, in the case of any insured credit union (as defined in section 101 of the Federal Credit Union Act), by the National Credit Union Administration. (B) Applicability of other laws.-- (i) Violations of this section.--For the purpose of the exercise by any agency referred to in subparagraph (A) of its powers under any Act referred to in that subparagraph, a violation of any requirement imposed under this section shall be deemed to be a violation of a requirement imposed under that Act. (ii) Other authority.--In addition to its powers under any provision of law specifically referred to in subparagraph (A), each of the agencies referred to in such subparagraph may exercise, for the purpose of enforcing compliance with any requirement imposed under this section, any other authority conferred on it by law. (2) Other money transmitting businesses.-- (A) Appropriate federal regulator.--Except to the extent that enforcement of the requirements imposed under this section is specifically committed to some other Government agency under paragraph (1), the Federal Trade Commission shall enforce such requirements. (B) Applicability of other laws.-- (i) Violations of this section.--For the purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act, a violation of any requirement imposed under this section shall be deemed a violation of a requirement imposed under that Act. (ii) Other authority.--All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person subject to the jurisdiction of the Commission with the requirements imposed under this section, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act. (e) Effective Date.--This section shall apply to any international money transfer initiated in the United States after the end of the 3- month period beginning on the date of enactment of this Act.

Summary: International Remittance Services Enhancement and Protection Act of 2003 - Amends the Federal Credit Union Act to repeal the limitation on the authority of Federal credit unions to sell negotiable checks (including travelers checks), money orders, and other similar money transfer instruments and services to, as well as cash checks and money orders for, members only. (Thus allows Federal credit unions to perform such services for anyone.) Adds international money transfer services to the list of such services. Directs the appropriate Federal agencies to jointly prescribe regulations that require any financial institution or money transmitting business which initiates an international money transfer on behalf of a consumer to disclose the following: (1) any fees charged to the recipient, including exchange rate or currency conversion fees; (2) a final itemization of all costs to the consumer, including all fees charged for the remittance; and (3) the exact amount of foreign currency to be received by the recipient in the foreign country. Requires such disclosures to be in English and in any other language used by the financial institution or money transmitting business, or any of its agents, to advertise, solicit, or negotiate, either orally or in writing, at the office of the institution or business at which the international money transfer is initiated. Grants the Federal Trade Commission enforcement powers with respect to any financial institution or money transmitting business that is not an insured depository institution or insured credit union.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Agriculture Environmental Incentives Act of 1998''. SEC. 2. ALLOWANCE OF CREDIT FOR NUTRIENT MANAGEMENT COSTS OF ANIMAL FEEDING OPERATIONS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45D. ANIMAL FEEDING OPERATION EQUIPMENT CREDIT. ``(a) In General.--For purposes of section 38, the animal feeding operation equipment credit determined under this section for the taxable year is an amount equal to 25 percent of the eligible nutrient management costs of a taxpayer for the taxable year. ``(b) Eligible Nutrient Management Costs.--For purposes of this section-- ``(1) In general.--The term `eligible nutrient management costs' means amounts paid or incurred by a taxpayer to purchase a calibrated manure spreader or eligible processing equipment for use at an animal feeding operation owned by the taxpayer. ``(2) Calibrated manure spreader.--The term `calibrated manure spreader' means equipment (including any associated geostationary positioning satellite equipment) which is used by the taxpayer exclusively for the precision application of manure to land in accordance with a comprehensive nutrient management plan. ``(3) Eligible processing equipment.-- ``(A) In general.--The term `eligible processing equipment' means equipment or structures used by the taxpayer exclusively for processing manure. ``(B) Exclusion.--The term `eligible processing equipment' does not include equipment used exclusively for the simple containment or transportation of manure. ``(c) Other Definitions.--For purposes of this section-- ``(1) Animal feeding operation.--The term `animal feeding operation' means a facility for the milking of dairy cows or the raising of livestock or poultry (including egg production) for commercial sale. ``(2) Application.--The term `application' means laying, spreading on, irrigating, injecting, or otherwise placing manure on land by any means. ``(3) Comprehensive nutrient management plan.--The term `comprehensive nutrient management plan' means a written plan prepared in accordance with applicable Federal and State laws and regulations. ``(4) Manure.--The term `manure' means-- ``(A) the excreta of an animal or other organic byproduct of an animal feeding operation, including litter, bedding, dead animals, composted animal carcasses, milk house waste, or other residual organic matter, and ``(B) water or any other material mixed with such excreta or byproduct for purposes of collection, handling, containment, or processing of such excreta or byproduct. ``(5) Precision application.--The term `precision application' means the controlled application of manure to land in a manner which distributes a specified amount of manure, as determined by the nitrogen or phosphorous content of the manure, across a specified area of land. ``(6) Processing.--The term `processing' means any mechanical, physical, or chemical treatment which-- ``(A) alters the concentration of nitrogen, phosphorous, water, or other constituents in manure to facilitate-- ``(i) manure application on land covered by the requirements of a comprehensive nutrient management plan, or ``(ii) use of manure or processed manure for commercial purposes other than land application on land owned or controlled by the taxpayer, ``(B) enhances the value of manure as a plant fertilizer or soil amendment, or ``(C) utilizes manure as an energy source. ``(d) Special Rules.-- ``(1) Reduction in basis.--For purposes of this subtitle, if a credit is determined under this section with respect to any property, the basis of such property shall be reduced by the amount of the credit so determined. ``(2) Pass-thru in the case of estates and trusts.--For purposes of this section, under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(3) Allocation in the case of partnerships.--For purposes of this section, in the case of partnerships, the credit shall be allocated among partners under regulations prescribed by the Secretary.'' (b) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``plus'' at the end of paragraph (11), (B) by striking the period at the end of paragraph (12), and inserting ``, plus'', and (C) by adding at the end the following new paragraph: ``(13) the animal feeding operation equipment credit determined under section 45D.'' (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 45D. Animal feeding operation equipment credit.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998.

Summary: Animal Agriculture Environmental Incentives Act of 1998 - Amends the Internal Revenue Code to allow a limited tax credit for the nutrient management costs of animal feeding operations.