Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Western Hemisphere Drug Policy
Commission Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) According to the Substance Abuse and Mental Health
        Services Administration's (SAMHSA) National Survey on Drug Use
        and Health, in 2008 in the United States, there were an
        estimated 25,768,000 users of marijuana, 5,255,000 users of
        cocaine, 850,000 users of methamphetamine, and 453,000 users of
        heroin.
            (2) Nearly 100 percent of the United States cocaine supply
        originates in the Andean countries of Bolivia, Colombia, and
        Peru and over 90 percent of the United States heroin supply
        originates in Colombia and Mexico.
            (3) In those countries, the cultivation, production and
        trafficking of cocaine and heroin generate violence,
        instability and corruption.
            (4) In the transit countries of Central America, Mexico,
        Venezuela, Ecuador, Haiti, and other Caribbean countries, drug
        trafficking is central to the growing strength of organized
        criminals to threaten local and national law enforcement,
        political institutions, citizen security, rule of law, and
        United States security and interests.
            (5) Drug-related violence is on the rise in Mexico and
        along the United States-Mexico border. 5,661 people died in
        Mexico in 2008 alone as a result of drug-related violence. This
        is more than double the 2007 total of 2,773.
            (6) According to the Department of State's June 2009
        Trafficking in Persons report, organized criminal networks in
        Mexico also ``traffic Mexican women and girls into the United
        States for commercial sexual exploitation''.
            (7) Extremist groups and their supporters in the Western
        Hemisphere, including the Revolutionary Armed Forces of
        Colombia (FARC) and Hezbollah, often use drug trafficking to
        finance terrorist activities.
            (8) From 1980-2008, United States counternarcotics
        assistance from the State and Defense Departments to Latin
        America and the Caribbean totaled about $11,300,000,000.

SEC. 3. ESTABLISHMENT OF WESTERN HEMISPHERE DRUG POLICY COMMISSION.

    There is established an independent commission to be known as the
``Western Hemisphere Drug Policy Commission'' (in this Act referred to
as the ``Commission'').

SEC. 4. PURPOSE.

    The Commission shall review and evaluate United States policy
regarding illicit drug supply reduction and interdiction, with
particular emphasis on international drug policies and programs
directed toward the countries of the Western Hemisphere, along with
foreign and domestic demand reduction policies and programs. The
Commission shall identify policy and program options to improve
existing international and domestic counternarcotics policy.

SEC. 5. DUTIES OF THE COMMISSION.

    (a) Review of Illicit Drug Supply Reduction and Demand Reduction
Policies.--The Commission shall conduct a comprehensive review of
United States policy regarding illicit drug supply reduction,
interdiction, and demand reduction policies and shall, at a minimum,
address the following topics:
            (1) An assessment of United States international illicit
        drug control policies in the Western Hemisphere.
            (2) An assessment of drug interdiction efforts, crop
        eradication programs, and the promotion of economic development
        alternatives to illicit drugs.
            (3) The impact of the Andean Counterdrug Initiative (ACI),
        the Merida Initiative, the Caribbean Basin Security Initiative,
        and other programs in curbing drug production, drug
        trafficking, and drug-related violence in the Western
        Hemisphere.
            (4) An assessment of how to better deploy and employ
        available technology to target major drug cartels.
            (5) An assessment of efforts to curb the trafficking of
        chemical precursors for illicit drugs.
            (6) An assessment of how the United States drug
        certification process serves United States interests with
        respect to United States international illicit drug control
        policies.
            (7) An assessment of the nature and extent of the United
        States population's demand for illicit drugs.
            (8) An assessment of United States drug prevention and
        treatment programs, including anti-drug coalitions, drug
        courts, and programs aimed at preventing recidivism.
            (9) An assessment of the extent to which the consumption of
        illicit drugs in the United States is driven by individuals
        addicted to or abusive of illicit drugs, and the most effective
        experiences in the United States and throughout the world in
        treating those individuals and reducing the damage to
        themselves and to society.
            (10) Recommendations on how best to improve United States
        policies aimed at reducing the supply of and demand for illicit
        drugs.
            (11) Assessing the value of supporting relevant government
        entities and nongovernmental institutions in other countries of
        the Western Hemisphere in promoting the reduction of supply of
        and demand for illicit drugs.
            (12) An assessment of whether the proper indicators of
        success are being used in United States illicit drug control
        policy.
    (b) Coordination With Governments, International Organizations, and
Nongovernmental Organizations (NGOs) in the Western Hemisphere.--In
conducting the review required under subsection (a), the Commission
shall consult with--
            (1) government, academic, and nongovernmental leaders, as
        well as leaders from international organizations, from
        throughout the United States, Latin America, and the Caribbean;
        and
            (2) the Inter-American Drug Abuse Control Commission
        (CICAD) to examine what changes would increase its
        effectiveness.
    (c) Report.--
            (1) In general.--Not later than 12 months after the first
        meeting of the Commission, the Commission shall submit to the
        Committee on Foreign Affairs of the House of Representatives
        and the Committee on Foreign Relations of the Senate, the
        Committee on the Judiciary of the House of Representatives and
        the Committee on the Judiciary of the Senate, the Committee on
        Energy and Commerce of the House of Representatives and the
        Committee on Health, Education, Labor and Pensions of the
        Senate, the Committee on Armed Services of the House of
        Representatives and the Committee on Armed Services of the
        Senate, the Secretary of State, the Secretary of Defense, the
        Secretary of Health and Human Services, the Attorney General,
        and the Director of the Office of National Drug Control Policy
        (ONDCP) a report that contains a detailed statement of the
        recommendations, findings, and conclusions of the Commission,
        including summaries of the input and recommendations of the
        leaders and organizations with which is consulted under
        subsection (b).
            (2) Public availability.--The report required under this
        subsection shall be made available to the public.

SEC. 6. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of
ten members, to be appointed as follows:
            (1) The majority leader and minority leader of the Senate
        shall each appoint two members.
            (2) The Speaker and the minority leader of the House of
        Representatives shall each appoint two members.
            (3) The President shall appoint two members.
    (b) Appointments.--The Commission may not include Members of
Congress or other currently elected Federal, State, or local government
officials.
    (c) Period of Appointment.--Each member shall be appointed for the
life of the Commission. Any vacancies shall not affect the power and
duties of the Commission, but shall be filled in the same manner as the
original appointment.
    (d) Date.--Members of the Commission shall be appointed not later
than 30 days after the date of the enactment of this Act.
    (e) Initial Meeting and Selection of Chairperson.--Not later than
60 days after the date of the enactment of this Act, the Commission
shall hold an initial meeting to develop and implement a schedule for
completion of the review and report required under section 5. At the
initial meeting, the Commission shall select a Chairperson from among
its members.
    (f) Quorum.--Six members of the Commission shall constitute a
quorum.
    (g) Travel Expenses.--Members shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code, while away from their
homes or regular places of business in performance of services for the
Commission.

SEC. 7. POWERS.

    (a) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of its members.
    (b) Hearings.--The Commission may hold such hearings and undertake
such other activities as the Commission determines necessary to carry
out its duties.
    (c) Other Resources.--The Commission shall have reasonable access
to documents, statistical data, and other such information the
Commission determines necessary to carry out its duties from the
Library of Congress, the Office of National Drug Control Policy, the
Department of State, the Department of Health and Human Services, the
Department of Justice, the Drug Enforcement Administration, the
Department of Defense (including the United States Southern Command),
and other agencies of the executive and legislative branches of the
Federal Government. The Chairperson of the Commission shall make
requests for such access in writing when necessary. The General
Services Administration (GSA) shall make office space available for
day-to-day Commission activities and for scheduled Commission meetings.
Upon request, the Administrator of General Services shall provide, on a
reimbursable basis, such administrative support as the Commission
requests to fulfill its duties.
    (d) Authority to Use the United States Mails.--The Commission may
use the United States mails in the same manner and under the same
conditions as other departments and agencies of the United States.
    (e) Authority to Contract.--Subject to the Federal Property and
Administrative Services Act of 1949, the Commission is authorized to
enter into contracts with Federal and State agencies, private firms,
institutions, and individuals for the conduct of activities necessary
to the discharge of its duties and responsibilities. A contract, lease,
or other legal agreement entered into by the Commission may not extend
beyond the date of termination of the Commission.

SEC. 8. STAFF.

    (a) Executive Director.--The Commission shall have a staff headed
by an Executive Director. The Executive Director and such staff as is
needed shall be paid at a rate not more than the rate of pay for level
IV of the Executive Schedule.
    (b) Staff Appointment.--With the approval of the Commission, the
Executive Director may appoint such personnel as the Executive Director
determines to be appropriate. The Commission may appoint and fix the
compensation of such other personnel as may be necessary to enable the
Commission to carry out its duties, without regard to the provisions of
title 5, United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that no rate of pay fixed under
this subsection may exceed the equivalent of that payable to a person
occupying a position at level V of the Executive Schedule under section
5316 of such title.
    (c) Experts and Consultants.--With the approval of the Commission,
the Executive Director may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code.
    (d) Detail of Government Employees.--Upon the request of the
Commission, the head of any Federal agency may detail, without
reimbursement, any of the personnel of such agency to the Commission to
assist in carrying out the duties of the Commission. Any such detail
shall not interrupt or otherwise affect the civil service status or
privileges of the personnel.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated $2,000,000
to carry out this Act.
    (b) Availability.--Amounts appropriated pursuant to subsection (a)
shall remain available, without fiscal year limitation, until expended.

SEC. 10. SUNSET.

    The Western Hemisphere Drug Policy Commission shall terminate 60
days after the submission to Congress of its report under section 5(c).

            Passed the House of Representatives December 8, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Output:
Western Hemisphere Drug Policy Commission Act of 2009 - Establishes the Western Hemisphere Drug Policy Commission, which shall: (1) review and evaluate U.S. policy regarding illicit drug supply reduction and interdiction, with particular emphasis on international drug policies and programs directed toward the countries of the Western Hemisphere; (2) review and evaluate foreign and domestic demand reduction policies and programs; and (3) identify policy and program options to improve existing international and domestic counternarcotics policy.

Sets forth Commission duties.

Authorizes appropriations.

Terminates the Commission 60 days after submission of the report required under this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Cooperation Against
Terrorism Act of 2002''.

SEC. 2. ELECTRONIC TRANSMISSION OF PASSENGER MANIFESTS.

    Section 44909(c) of title 49, United States Code, is amended by
adding at the end the following new paragraph:
            ``(6) Penalties.--In addition to any other penalties, any
        air carrier or foreign air carrier that does not electronically
        transmit data through the advanced passenger information system
        established under section 431 of the Tariff Act of 1930 (19
        U.S.C. 1431) (``APIS'') shall be subject to the following
        penalties:
                    ``(A) Within 60 days after the date of enactment of
                the International Cooperation Against Terrorism Act of
                2002, a fine of $5,000 for every flight of that carrier
                that does not submit complete and accurate data in the
                electronic manifest for at least 85 percent of the
                passengers and crew of such flight.
                    ``(B) Within 120 days after the date of enactment
                of the International Cooperation Against Terrorism Act
                of 2002, a fine of $7,000 for every flight of that
                carrier that does not submit complete and accurate data
                in the electronic manifest for 100 percent of the
                passengers and crew of such flight.
                    ``(C) Within 210 days after the date of enactment
                of the International Cooperation Against Terrorism Act
                of 2002, the United States Customs Service shall revoke
                the landing rights of an air carrier or foreign air
                carrier that does not submit complete and accurate data
                in the electronic manifest for 100 percent of the
                passengers and crew of every flight of such carrier.''.

SEC. 3. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR AIR CARGO.

    Section 431(b) of the Tariff Act of 1930 (19 U.S.C. 1431(b)) is
amended--
            (1) by striking ``Any manifest'' and inserting ``(1) In
        general.--Any manifest''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Cargo manifest.--
                    ``(A) Requirement.--In addition to any other
                requirement under this section, the pilot, operator, or
                owner (or the authorized agent of such owner or
                operator) of every aircraft required to make entry or
                obtain clearance under the customs laws of the United
                States shall electronically transmit the cargo manifest
                information described in subparagraph (B) in advance of
                such entry or clearance in such manner, time, and form
                as the Secretary shall prescribe. The Secretary may
                exclude any class of aircraft from the requirements of
                this subparagraph if the Secretary determines that such
                requirements are not necessary.
                    ``(B) Content.--The cargo manifest for each
                aircraft shall consist of the following information:
                            ``(i) The port or place of arrival or
                        departure.
                            ``(ii) The carrier code, prefix code, or
                        both.
                            ``(iii) The flight, voyage, or trip number.
                            ``(iv) The date of scheduled arrival or
                        date of scheduled departure.
                            ``(v) The request for permit to proceed to
                        the destination, if applicable.
                            ``(vi) The numbers and quantities from the
                        air carrier's master bill of lading.
                            ``(vii) The first port of lading of the
                        cargo.
                            ``(viii) A description, including the
                        weight, of any cargo that is not in a sealed
                        container.
                            ``(ix) The shipper's declared description,
                        including the weight, of any cargo that is in a
                        sealed container.
                            ``(x) The shippers name and address from
                        all bills of lading.
                            ``(xi) The consignee's name and address
                        from all bills of lading.
                            ``(xii) Information regarding any
                        discrepancies between the quantities listed on
                        the bill of lading and the actual quantity on
                        board.
                            ``(xiii) Transfer or transit information
                        for the cargo while it has been under the
                        control of the air carrier.
                            ``(xiv) Warehouse or other location of the
                        cargo while it has been under the control of
                        the air carrier.
                            ``(xv) Any additional information that the
                        Secretary by regulation determines is
                        reasonably necessary to ensure aviation
                        transportation safety.
                    ``(C) Certain verification not required.--Nothing
                in subparagraph (B)(xii), shall require an air carrier
                to verify boarded quantities of cargo in sealed
                containers.
                    ``(D) Notice.--The Commissioner of Customs shall
                notify all air carriers of the requirements of this
                paragraph.
                    ``(E) Enforcement.--In addition to any other
                penalties, any air carrier that does not comply with
                the requirements of this paragraph shall be subject to
                the following penalties:
                            ``(i) Within 60 days after the date of
                        enactment of the International Cooperation
                        Against Terrorism Act of 2002, a fine of $5,000
                        for every flight of that carrier that does not
                        submit complete and accurate data for at least
                        85 percent of the cargo of such flight.
                            ``(ii) Within 120 days after the date of
                        enactment of the International Cooperation
                        Against Terrorism Act of 2002, a fine of $7,000
                        for every flight of that carrier that does not
                        submit complete and accurate data for 100
                        percent of the cargo of such flight.
                            ``(iii) Within 210 days after the date of
                        enactment of the International Cooperation
                        Against Terrorism Act of 2002, the United
                        States Customs Service shall revoke the landing
                        rights of the air carrier that does not submit
                        complete and accurate data for 100 percent of
                        the cargo of every flight of such carrier.
                    ``(F) Definition.--In this paragraph, the term `air
                carrier' has the meaning given the terms `air carrier'
                and `foreign air carrier' in section 40102 of title 49,
                United States Code.''.

SEC. 4. OVERSIGHT OF CHARITABLE ORGANIZATIONS CONNECTED TO TERRORIST
              ACTIVITIES.

    (a) Reporting Requirements.--The President, in consultation with
the task force described in subsection (b)(1), is authorized to
conclude agreements with foreign countries under which the governments
of those countries agree to require each qualified charitable
organization operating in any of those countries to report--
            (1) the overall sources of the organization's funds,
        including amounts received from fundraising, amounts received
        from sales, and amounts received from the holding of events;
            (2) the names of the organization's officers and directors;
            (3) an itemization of the organization's expenses; and
            (4) a description of all lobbying and political activities
        of the organization.
    (b) Task Force.--
            (1) In general.--The task force referred to in subsection
        (a) means an interagency task force consisting of 3
        representatives from each of the Department of State, the
        Department of the Treasury, and the Department of Justice for
        the purpose of coordinating the activities of the United States
        Government with respect to the activities of charitable
        organizations abroad.
            (2) International cooperation.--The members of the task
        force shall cooperate with appropriate counterpart
        representatives of any foreign country with which the United
        States seeks to conclude, or to implement, an agreement under
        subsection (a).
    (c) Report.--The task force described in subsection (b) shall
report to the Speaker of the House of Representatives and the President
pro tempore of the Senate on its progress not later than 6 months after
the date of enactment of this Act and every 6 months thereafter on its
progress. Each such report shall include a list of countries that are
cooperating with the task force and a description of the degree of
cooperation or noncooperation of the foreign countries with which the
President has sought to conclude an agreement under subsection (a).
    (d) Qualified Charitable Organization Defined.--In this section,
the term ``qualified charitable organization'' means a charitable
organization that has been identified by the task force as an
organization that sponsors, funds, receives funds from, or supports
terrorist organizations.

SEC. 5. EXPORT LICENSE REQUIRED.

    Section 6(j) of the Export Administration Act of 1979 (50 U.S.C.
App. 2405(j)) is amended--
            (1) by amending paragraph (1), to read as follows:
            ``(1) A validated license shall be required for the export
        of goods or technology to a country if the Secretary of State
        determines that--
                    ``(A) the government of such country--
                            ``(i) is not cooperating with the United
                        States antiterrorism efforts, including failing
                        to freeze the bank accounts of entities
                        supporting terrorist activities, or failing to
                        share intelligence information regarding
                        terrorist organizations with the United States;
                        or
                            ``(ii) has repeatedly provided support for
                        acts of international terrorism; and
                    ``(B) with respect to a country described in
                subparagraph (A), the export of such goods or
                technology could make a significant contribution to--
                            ``(i) the military potential of such
                        country, including its military logistics
                        capability, or could enhance the ability of
                        such country to support acts of international
                        terrorism; or
                            ``(ii) the development of the country's
                        ability to explore for, extract, refine, or
                        transport petroleum or natural gas.'';
            (2) in paragraph (2), by striking ``Foreign Affairs'' and
        inserting ``International Relations and the Committee on Ways
        and Means'';
            (3) in paragraph (4), in the matter preceding subparagraph
        (A), by inserting ``, chairman of the Committee on Ways and
        Means, and the chairman of the Committee on International
        Relations'' after ``the Speaker'';
            (4) in paragraph (4)(A)--
                    (A) by inserting ``at least 45 days'' after
                ``(A)'';
                    (B) in clause (ii), by striking ``and'';
                    (C) in clause (iii), by striking ``or''; and
                    (D) by adding at the end the following:
                    ``(iv) that government is cooperating with United
                States antiterrorism efforts; and
                    ``(v) that government has provided assurances that
                it will cooperate with future efforts to fight
                terrorism; or'';
            (5) in paragraph (4)(B)--
                    (A) in clause (i), by striking ``and'';
                    (B) in clause (ii), by striking the period at the
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(iii) the government concerned has taken action
                to cooperate with antiterrorism efforts during the
                preceding 6-month period; and
                    ``(iv) the government concerned has provided
                assurances that it will support efforts to fight
                terrorism in the future.''; and
            (6) in paragraph (5)--
                    (A) in subparagraph (E), by striking ``and'';
                    (B) in subparagraph (F), by striking the period at
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(G) an analysis of the impact of the proposed
                export or transfer on the development of the foreign
                country's ability to explore for, extract, refine, or
                transport petroleum or natural gas and the effects on
                the surrounding countries' petroleum or natural gas
                resources and the ability to explore for these
                resources.''.

SEC. 6. CONDITIONAL SANCTIONS REGARDING INVESTMENT.

    (a) Foreign Investment Controls.--
            (1) In general.--Notwithstanding any other provision of
        law, a validated license shall be required for the financial
        investment by a United States person in a foreign country if
        the President determines that the government of such country is
        not cooperating with United States antiterrorism efforts,
        including freezing the bank accounts of entities supporting
        terrorist activities, and sharing intelligence information
        regarding terrorist organizations with the United States.
            (2) United states person defined.--In this section, the
        term ``United States person'' means--
                    (A) a United States citizen;
                    (B) a partnership, corporation, or other legal
                entity organized under the laws of the United States;
                or
                    (C) a partnership, corporation, or other legal
                entity that is organized under the laws of a foreign
                country and is controlled by entities described in
                subparagraph (B) or United States citizens, or both.
    (b) Prohibition on Licenses.--A license described in subsection (a)
shall not be issued if the President determines that the proposed
financial investment would make a significant contribution to--
            (1) the military potential of the foreign country,
        including its military logistics capability; or
            (2) the development of the foreign country's ability to
        explore for, extract, refine, or transport petroleum or natural
        gas.
    (c) Publication.--Each determination of the President under
subsection (a), shall be published in the Federal Register.
    (d) Notification.--The President shall notify the Committee on
International Relations and the Committee on Ways and Means of the
House of Representatives and the Committee on Banking, Housing, and
Urban Affairs and the Committee on Foreign Relations of the Senate at
least 30 days before issuing any validated license required by
subsection (a).
    (e) Content of Notification.--The President shall include in the
notification required by subsection (d)--
            (1) a detailed description of the investment to be offered
        for which a license to invest is sought;
            (2) the reasons why the foreign country or international
        organization to which the investment is proposed to be made
        needs the investment and a description of the manner in which
        such country or organization intends to use such investment;
            (3) an analysis of the impact of the proposed investment on
        the military capabilities of the foreign country or
        international organization to which such investment would be
        made;
            (4) an analysis of the manner in which the proposed
        investment would affect the relative military strengths of
        countries in the region to which the investment is being
        delivered and whether other countries in the region have
        comparable kinds and amounts of investments;
            (5) an analysis of the impact of the proposed investment on
        the development of the foreign country's ability to explore
        for, extract, refine, or transport by petroleum or natural gas
        and the effects on the surrounding countries' petroleum or
        natural gas resources and ability to explore for these
        resources; and
            (6) an analysis of the impact of the proposed investment on
        the United States relations with the countries in the region to
        which the investment is being delivered.
    (f) Rescission.--A determination made by the President under
subsection (a) may not be rescinded unless the President submits to the
chairman of the Committee on International Relations and to the
chairman of the Committee on Ways and Means of the House of
Representatives, to the chairman of the Committee on Banking, Housing,
and Urban Affairs and the chairman of the Committee on Foreign
Relations of the Senate, at least 45 days before the proposed
rescission would take effect, a report certifying that--
            (1) there has been a fundamental change in the policies of
        the government of the country concerned;
            (2) the government is cooperating with United States
        antiterrorism efforts;
            (3) the government has provided assurances that it will
        cooperate with future efforts to fight terrorism; or
            (4) the reasons why the proposed investment is in the
        national security interest of the United States.

SEC. 7. ANNUAL REPORT.

    The President shall, not later than 30 days after the date of
enactment of this Act, and not later than December 31 of each year
thereafter, submit a report to the Committee on International Relations
and the Committee on Ways and Means of the House of Representatives,
and to the Committee on Banking, Housing, and Urban Affairs and the
Committee on Foreign Relations of the Senate, evaluating the
implementation of the provisions of the International Cooperation
Against Terrorism Act of 2002 and the amendments made by such Act.

Output: International Cooperation Against Terrorism Act of 2002 - Amends Federal aviation law to establish certain civil penalties for domestic and foreign air carriers which do not transmit passenger and crew manifest data electronically for each flight through the advanced passenger information system (APIS) to the Commissioner of Customs.Amends the Tariff Act of 1931 to require the pilot, operator, or owner of every aircraft required to make entry or obtain clearance under the U.S. customs laws to transmit certain cargo manifest information electronically in advance in the manner, time, and form the Secretary of the Treasury shall prescribe. Specifies civil penalties for noncompliance with such requirements.Authorizes the President to conclude agreements with foreign countries in which such countries agree to require charitable organizations identified as supporting terrorist organizations to report certain information, including the overall sources of organization funds.Amends the Export Administration Act of 1979 to revise the requirement of a validated license for the export of goods or technology to a foreign country supporting international terrorism. Extends such requirement to a country if the Secretary of State determines that: (1) the government of the country is not cooperating with U.S. antiterrorism efforts, including failing to freeze the bank accounts of entities supporting terrorist activities, or failing to share intelligence information regarding terrorist organizations with the United States; and (2) the export to the country of such goods or technology could make a significant contribution to the development of the country's ability to explore for, extract, refine, or transport petroleum or natural gas.Requires a validated license for the financial investment by a U.S. person in a foreign country if the President makes determinations about the country similar to those relating to the export of goods or technology.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Financial Technology Innovation and
Defense Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that the Federal Government should
prioritize the investigation of terrorist and illicit use of new
financial technology, including digital currencies.

SEC. 3. INDEPENDENT FINANCIAL TECHNOLOGY TASK FORCE.

    (a) Establishment.--There is established the Independent Financial
Technology Task Force (the ``Task Force''), which shall consist of--
            (1) the Secretary of the Treasury, who shall serve as the
        head of the Task Force;
            (2) the Attorney General;
            (3) the Director of the Central Intelligence Agency;
            (4) the Director of the Financial Crimes Enforcement
        Network;
            (5) the Director of the Secret Service;
            (6) the Director of the Federal Bureau of Investigations;
        and
            (7) 4 individuals appointed by the Secretary of the
        Treasury to represent the private sector (including the banking
        industry, non-profit groups, and think tanks).
    (b) Duties.--The Task Force shall--
            (1) conduct independent research on terrorist and illicit
        use of new financial technologies, including digital
        currencies; and
            (2) develop legislative and regulatory proposals to improve
        counter-terrorist and counter-illicit financing efforts.
    (c) Annual Congressional Report.--Not later than 1 year after the
date of the enactment of this Act, and annually thereafter, the Task
Force shall issue a report to the Congress containing the findings and
determinations made by the Task Force in the previous year and any
legislative and regulatory proposals developed by the Task Force.

SEC. 4. REWARDS FOR INFORMATION RELATED TO TERRORIST USE OF DIGITAL
              CURRENCIES.

    (a) In General.--The Secretary of the Treasury, in consultation
with the Attorney General, shall establish a program to pay a reward to
any person who provides information leading to the conviction of an
individual involved with terrorist use of digital currencies.
    (b) Use of Appropriated Funds.--To the extent provided in advance
by appropriation Acts, the Secretary may use appropriated funds to pay
a reward under this section with respect to information leading to a
conviction described under subsection (a) if the amount of fines and
forfeitures related to such conviction are not sufficient to pay such
reward.
    (c) Use of Fines and Forfeitures.--With respect to fines and
forfeitures related to the conviction of an individual involved with
terrorist use of digital currencies, the Secretary of the Treasury
shall, without further appropriation or fiscal year limitation--
            (1) use such amounts to pay rewards under this section
        related to such conviction;
            (2) with respect to any such amounts remaining after
        payments are made under paragraph (1), repay to the general
        fund of the Treasury--
                    (A) any reward amounts paid using appropriated
                funds under subsection (b); and
                    (B) the amount of any funds appropriated to the
                FinTech Leadership in Innovation Fund established under
                section 5; and
            (3) with respect to any such amounts remaining after
        payments are made under paragraphs (2) and (3), deposit such
        amounts in the FinTech Leadership in Innovation Fund.

SEC. 5. FINTECH LEADERSHIP IN INNOVATION FUND.

    (a) Establishment.--There is established a fund to be known as the
``FinTech Leadership in Innovation Fund'', which shall be available to
the Secretary of the Treasury, without further appropriation or fiscal
year limitation, to carry out this section.
    (b) Innovation Grants.--
            (1) In general.--The Secretary of the Treasury shall make
        grants for the development of tools and programs to detect
        terrorist and illicit use of digital currencies.
            (2) Eligible recipients.--The Secretary may make grants
        under this subsection to entities located in the United States,
        including academic institutions, companies, non-profit
        institutions, individuals, and any other entities locating in
        the United States that the Secretary determines appropriate.
            (3) Eligible projects.--With respect to tools and programs
        described under paragraph (1), in addition to grants for the
        development of such tools and programs, the Secretary may make
        grants under this subsection to carry out pilot programs using
        such tools, the development of test cases using such tools, and
        research related to such tools.
            (4) Preferences.--In making grants under this subsection,
        the Secretary shall give preference to--
                    (A) technology that is non-proprietary or that is
                community commons-based;
                    (B) computer code that is developed and released on
                an open source basis; and
                    (C) tools that are proactive (such as meeting
                regulatory requirements under ``know your customer''
                and anti-money laundering requirements for any entity
                that has to comply with U.S. Government regulations)
                vs. reactive (such as aiding law enforcement
                organizations in catching illegal activity after the
                fact).
            (5) Other requirements.--
                    (A) Use of existing global standards.--Any new
                technology developed with a grant made under this
                subsection shall be based on existing global standards,
                such as those developed by the Internet Engineering
                Task Force (IETF) and the World Wide Web Consortium
                (W3C).
                    (B) Supporting existing laws or regulations.--Tools
                and programs developed with a grant made under this
                subsection shall be in support of existing laws or
                regulations, including the Bank Secrecy Act.
                    (C) Open access requirement.--Tools and programs
                developed with a grant made under this subsection shall
                be freely accessible and usable by the public. This
                requirement may be fulfilled by publicly availing
                application programming interfaces or software
                development kits.

SEC. 6. DEFINITIONS.

    For purposes of this Act:
            (1) Bank secrecy act.--The term ``Bank Secrecy Act''
        means--
                    (A) section 21 of the Federal Deposit Insurance
                Act;
                    (B) chapter 2 of title I of Public Law 91-508; and
                    (C) subchapter II of chapter 53 of title 31, United
                States Code.
            (2) Digital currency.--The term ``digital currency''--
                    (A) means a digital representation of value that--
                            (i) is used as a medium of exchange, unit
                        of account, or store of value; and
                            (ii) is not legal tender, whether or not
                        denominated in legal tender; and
                    (B) does not include--
                            (i) a transaction in which a merchant
                        grants, as part of an affinity or rewards
                        program, value that cannot be taken from or
                        exchanged with the merchant for legal tender,
                        bank credit, or digital currency; or
                            (ii) a digital representation of value
                        issued by or on behalf of a publisher and used
                        solely within an online game, game platform, or
                        family of games sold by the same publisher or
                        offered on the same game platform.
            (3) Terrorist.--The term ``terrorist'' includes a person
        carrying out domestic terrorism or international terrorism (as
        such terms are defined, respectively, under section 2331 of
        title 18, United States Code).

Output: Financial Technology Innovation and Defense Act  This bill provides for the investigation of new financial technologies (e.g., digital currencies) and their use in terrorism and other illicit activities. Specifically, the bill:   establishes the Independent Financial Technology Task Force, which must report annually on such matters;  establishes the FinTech Leadership in Innovation Fund to support the development of tools and programs to detect such activity; and  directs the Department of the Treasury to provide a reward for a person who provides information regarding terrorist use of digital currencies.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Birmingham Civil Rights National
Historical Park''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Birmingham Civil Rights District is an area of
        downtown Birmingham, Alabama, where significant events in the
        American Civil Rights Movement of the 1950s and 1960s took
        place. Many sites in this area are listed on the National
        Register of Historic Places, including the A.G. Gaston Motel,
        Kelley Ingram Park, 16th Street Baptist Church, Bethel Baptist
        Church, the 4th Avenue Historic District, and the Birmingham
        Civil Rights Institute.
            (2) In the 1960s, Birmingham was regarded as one of the
        most segregated cities in the South. Parks, pools, playgrounds,
        hotels, theaters, and elevators were segregated by race.
        Discrimination extended to public housing and employment.
        Despite some change in the early 1950s, segregation remained
        firmly in place and violence was frequently used to maintain
        the status quo.
            (3) From 1945 to 1963, Birmingham witnessed 60 bombings of
        African-American homes, businesses, and churches designed to
        intimidate Civil Rights advocates. The violence earned the City
        the nickname ``Bombingham''. In early 1963, Alabama Governor
        George Wallace declared, ``Segregation Now! Segregation
        tomorrow! Segregation Forever!''.
            (4) In the spring of 1963, Reverend Fred Shuttlesworth
        requested that the Southern Christian Leadership Conference
        (SCLC) make the City of Birmingham the epicenter for an
        ambitious new Civil Rights campaign. ``Project C'' (C for
        confrontation) was designed to eliminate segregation through
        mass protests, marches, and sit-ins. The A.G. Gaston Motel
        served as headquarters for Project C, and was home base for
        much of the SCLC leadership including Dr. King.
            (5) The A.G. Gaston Motel opened in 1954 and was regarded
        as a ``historic monument to black entrepreneurship'' in a time
        of racial segregation. The Motel was built and owned by Arthur
        George Gaston (1892-1996), a prominent African-American
        businessman, and is listed on the National Register of Historic
        Places.
            (6) The Project C campaign began on April 6, 1963, when
        police arrested 45 protestors who marched from the A.G. Gaston
        Motel to downtown Birmingham. One week later, during the Good
        Friday march, Dr. Martin Luther King, Jr., was arrested and
        jailed by Birmingham police. While in prison, Dr. King wrote
        his famous ``Letter from a Birmingham Jail''. He wrote the
        letter as a response to the ``Call to Unity'' statement from
        eight White Alabama clergymen who opposed segregation. They
        believed that the battle for equality should be fought in the
        courts, not by outsiders trying to stir up civil unrest. As a
        response, Dr. King wrote ``I am in Birmingham because injustice
        is here.''.
            (7) Phase two of Project C began in May of 1963 with a
        series of mass protests in which children played a leading
        role. On May 2, 1963, over 900 children were arrested by
        police, overwhelming the capacity of the City's jails. In
        response, Birmingham Commissioner of Public Safety Bull Connor
        ordered firefighters and police to prevent new waves of
        marchers from leaving Kelly Ingram Park.
            (8) On May 3, 1963, youth protestors in Kelly Ingram Park
        were violently dispersed by police dogs and powerful water
        cannons. Images of the brutal police response to peaceful
        protestors spread across the country, shocking the conscience
        of the Nation and the world.
            (9) Fearing civil unrest and unrepairable damage to the
        City's reputation, the Birmingham business community and local
        leaders agreed to release the peaceful protestors, integrate
        lunch counters, and begin to hire African-Americans. On May 10,
        1963, the A.G. Gaston Motel served as the site to announce this
        compromise between local White leaders and civil rights
        advocates. The Motel was bombed later that day.
            (10) Amid continued racial tensions, on September 15, 1963,
        a bomb detonated at the 16th Street Baptist Church as children
        were entering the basement on their way to worship. Addie Mae
        Collins, Carole Robinson, and Cynthia Wesley, who were all 14,
        and Denise McNair, 11, were tragically killed. The explosion
        injured 22 others and left significant damage to the church.
        Dr. Martin Luther King, Jr., travelled to Birmingham to deliver
        the eulogy for the four little girls. This act of domestic
        terrorism shocked the conscience of the Nation and the world,
        and became a galvanizing force for the passage of historic
        Civil Rights Act of 1964.
            (11) Located just south of 16th Street Baptist Church is
        the 4th Avenue Historic District. The district was the center
        for Black-owned businesses, which served Black customers during
        the City's long period of enforced segregation. Specifically,
        the district was the home of one of the most well-known
        African-American owned radio stations in the state. Black radio
        stations and disc jockeys played a critical role in mobilizing
        support for the civil rights movement. DJs sent coded messages
        as to the whereabouts of police, roadblock locations, and rally
        information.
            (12) Also located in Birmingham is Bethel Baptist Church.
        Led by Reverend Fred Shuttlesworth, this church served as the
        headquarters for the Alabama Christian Movement for Human
        Rights from 1956 to 1961. It was also a place of refuge for
        displaced and injured members of the 1961 Freedom Ride, and was
        the target of multiple bombings in the 1950s and 1960s.
        Reverend Shuttlesworth's church, as well as many other
        Birmingham Churches such as the New Pilgrim Baptist Church,
        hosted mass meetings leading up to many of the civil rights
        marches throughout the City. The students and faculty of Miles
        College, a Historically Black College in the Birmingham area,
        supplemented the efforts of the local churches. Miles College
        was one of the few institutions of higher education open to
        African-Americans in the area, and produced many community
        leaders.
            (13) In 1992, decades after the Civil Rights Movement, the
        Birmingham Civil Rights Institute opened its doors. The
        Institute stands at the center of the Birmingham Civil Rights
        District, acting as a hub for children, students, adults, and
        scholars who come to learn about the American Civil Rights
        Movement. The 27,000-square-foot permanent gallery within the
        Institute was designed to bring visitors back to the 1950s when
        Birmingham was deeply segregated. The Institute serves more
        than 140,000 individuals each year, and encourages new
        generations to examine our country's civil rights history, as
        well as issues such as equality and justice.
            (14) The preservation, historic interpretation, and
        management of the Birmingham Civil Rights National Historical
        Park's important historical resources require the collaboration
        of Federal and municipal entities, as well as community
        organizations.

SEC. 3. ESTABLISHMENT OF THE BIRMINGHAM CIVIL RIGHTS NATIONAL
              HISTORICAL PARK IN BIRMINGHAM, ALABAMA.

    (a) Establishment and Purpose.--There is hereby established
Birmingham Civil Rights National Historical Park in Birmingham,
Alabama, for the purposes of--
            (1) preserving and interpreting for the benefit of present
        and future generations the significant civil rights history in
        the Birmingham Civil Rights National Historical Park;
            (2) coordinating preservation, catalyzing economic
        revitalization, and facilitating interpretive efforts by
        Federal, State, or local governmental entities, and/or private
        and nonprofit organizations; and
            (3) creating appropriate collaborative management to ensure
        the preservation and interpretation of the park's historical
        significance.
    (b) Boundaries.--The Park shall consist of those lands and
interests in lands, including buildings, within the areas generally
depicted as ``Bethel Baptist Church'' and ``Birmingham Civil Rights
Historic District'' on the map entitled ``Civil Rights District'' and
dated March 2, 2016.
    (c) Acquisition of Land.--The Secretary may acquire additional
buildings, assets, and lands and interests in lands for addition to the
park by donation, transfer, or exchange only. At no time shall the park
consist of more than 11 acres.

SEC. 4. ADMINISTRATION.

    (a) In General.--The Secretary shall administer the Park in
accordance with this Act and laws generally applicable to units of the
National Park System. Nothing in this Act shall modify any authority of
the United States to carry out Federal laws on Federal land located
within the Park.
    (b) Cooperative Agreement.--The Secretary may enter into
cooperative agreements with Federal, State, City, or other public and
non-profit institutions under which the Secretary may identify,
interpret, and provide assistance for the preservation of non-Federal
properties within the Park and at sites in close proximity to the Park,
including providing for placement of directional and interpretive
signage, exhibits, and technology-based interpretive devices.
    (c) Management Plan.--Not later than 3 fiscal years after the date
on which funds are first made available to carry out this Act, the
Secretary, in consultation with the City, shall complete a general
management plan for the Park in accordance with applicable laws,
including section 100502 of title 54, United States Code.

SEC. 5. DEFINITIONS.

    For the purposes of this Act:
            (1) City.--The term ``City'' means the city of Birmingham,
        Alabama.
            (2) Park.--The term ``Park'' means the Birmingham Civil
        Rights National Historical Park.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

Output: Birmingham Civil Rights National Historical Park This bill establishes the Birmingham Civil Rights National Historical Park in Birmingham, Alabama, to: (1) preserve and interpret its civil rights history; and (2) coordinate its preservation, catalyze economic revitalization, and facilitate interpretive efforts by government, private, or nonprofit entities. The Department of the Interior shall administer the park. Interior must also complete a general management plan in consultation with the city of Birmingham.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bay Area Regional Water Recycling
Program Expansion Act of 2009''.

SEC. 2. PROJECT AUTHORIZATIONS.

    (a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (43 U.S.C. 390h et seq.) (as amended by section
512(a) of the Consolidated Natural Resources Act of 2008) is amended by
adding at the end the following:

``SEC. 1649. CCCSD-CONCORD RECYCLED WATER PROJECT.

    ``(a) Authorization.--The Secretary, in cooperation with the
Central Contra Costa Sanitary District, California, is authorized to
participate in the design, planning, and construction of recycled water
distribution systems.
    ``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
    ``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,800,000.

``SEC. 1650. CENTRAL DUBLIN RECYCLED WATER DISTRIBUTION AND RETROFIT
              PROJECT.

    ``(a) Authorization.--The Secretary, in cooperation with the Dublin
San Ramon Services District, California, is authorized to participate
in the design, planning, and construction of recycled water system
facilities.
    ``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
    ``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,150,000.

``SEC. 1651. PETALUMA RECYCLED WATER PROJECT, PHASES 2A, 2B, AND 3.

    ``(a) Authorization.--The Secretary, in cooperation with the City
of Petaluma, California, is authorized to participate in the design,
planning, and construction of recycled water system facilities.
    ``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
    ``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $6,000,000.

``SEC. 1652. CENTRAL REDWOOD CITY RECYCLED WATER PROJECT.

    ``(a) Authorization.--The Secretary, in cooperation with the City
of Redwood City, California, is authorized to participate in the
design, planning, and construction of recycled water system facilities.
    ``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
    ``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $8,000,000.

``SEC. 1653. PALO ALTO RECYCLED WATER PIPELINE PROJECT.

    ``(a) Authorization.--The Secretary, in cooperation with the City
of Palo Alto, California, is authorized to participate in the design,
planning, and construction of recycled water system facilities.
    ``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
    ``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $8,250,000.

``SEC. 1654. IRONHOUSE SANITARY DISTRICT (ISD) ANTIOCH RECYCLED WATER
              PROJECT.

    ``(a) Authorization.--The Secretary, in cooperation with the
Ironhouse Sanitary District (ISD), California, is authorized to
participate in the design, planning, and construction of recycled water
distribution systems.
    ``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
    ``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000.''.
    (b) Project Implementation.--In carrying out sections 1642 through
1648 of the Reclamation Wastewater and Groundwater Study and Facilities
Act, and sections 1649 through 1654 of such Act, as added by subsection
(a), the Secretary shall enter into individual agreements with the San
Francisco Bay Area Regional Water Recycling implementing agencies to
fund the projects through the Bay Area Clean Water Agencies (BACWA) or
its successor, and shall include in such agreements a provision for the
reimbursement of construction costs, including those construction costs
incurred prior to the enactment of this Act.
    (c) Clerical Amendments.--The table of contents of the Reclamation
Projects Authorization and Adjustment Act of 1992 (43 U.S.C. prec. 371)
(as amended by section 512(a) of the Consolidated Natural Resources Act
of 2008) is amended by inserting after the item relating to section
1648 the following new items:

``Sec. 1649. CCCSD-Concord recycled water project.
``Sec. 1650. Central Dublin recycled water distribution and retrofit
                            project.
``Sec. 1651. Petaluma recycled water project, phases 2a, 2b, and 3.
``Sec. 1652. Central Redwood City recycled water project.
``Sec. 1653. Palo Alto recycled water pipeline project.
``Sec. 1654. Ironhouse Sanitary District (ISD) Antioch recycled water
                            project.''.

SEC. 3. MODIFICATION TO AUTHORIZED PROJECTS.

    (a) Antioch Recycled Water Project.--Section 1644(d) of the
Reclamation Wastewater and Groundwater Study and Facilities Act (43
U.S.C. 390h-27) (as amended by section 512(a) of the Consolidated
Natural Resources Act of 2008) is amended by striking ``$2,250,000''
and inserting ``$3,125,000''.
    (b) South Bay Advanced Recycled Water Treatment Facility.--Section
1648(d) of the Reclamation Wastewater and Groundwater Study and
Facilities Act (43 U.S.C. 390h-31) (as amended by section 512(a) of the
Consolidated Natural Resources Act of 2008) is amended by striking
``$8,250,000'' and inserting ``$13,250,000''.

Output:
Bay Area Regional Water Recycling Program Expansion Act of 2009 - Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of: (1) recycled water distribution systems in California in cooperation with the Central Contra Costa Sanitary District and the Ironhouse Sanitary District; and (2) recycled water system facilities in California in cooperation with the Dublin San Ramon Services District, the city of Petaluma, Redwood City, and the city of Palo Alto. Limits the federal share of each project to 25%. Prohibits the Secretary from providing funds for project operation and maintenance.

Directs the Secretary to: (1) enter into individual agreements with the San Francisco Bay Area Regional Water Recycling implementing agencies to fund specified projects under such Act through the Bay Area Clean Water Agencies; and (2) include in such agreements a provision for the reimbursement of construction costs.

Increases the authorization of appropriations for the design, planning, and construction of: (1) recycled water system facilities in cooperation with the city of Antioch, California; and (2) recycled water treatment facilities in cooperation with the city of San Jose, California, and the Santa Clara Valley Water District.


Input:
SECTION 1. PAYMENT OF NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE
              PROVIDERS.

    (a) Payment of Providers.--
            (1) In general.--Subchapter I of chapter 17 of title 38,
        United States Code is amended by inserting after section 1703
        the following new section:
``Sec. 1703A. Payment of non-Department health care providers
    ``(a) Prompt Payment Compliance.--The Secretary shall ensure that
payments made to non-Department health care providers, including under
the Veterans Choice Program established by section 101 of the Veterans
Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38
U.S.C. 1701 note), comply with chapter 39 of title 31 (commonly
referred to as the `Prompt Payment Act') and the requirements of this
section. If there is a conflict between the requirements of the Prompt
Payment Act and the requirements of this section, the Secretary shall
comply with the requirements of this section.
    ``(b) Payment Schedule.--(1) The Secretary shall reimburse a non-
Department health care provider for care or services furnished under
the laws administered by the Secretary--
            ``(A) in the case of a clean claim submitted to the
        Secretary electronically, not later than 30 days after
        receiving the claim; or
            ``(B) in the case of a clean claim submitted to the
        Secretary in a manner other than electronically, not later than
        45 days after receiving the claim.
    ``(2)(A) If the Secretary determines that a claim received from a
non-Department health care provider is a non-clean claim, the Secretary
shall submit to the provider, not later than 10 days after receiving
the claim--
            ``(i) a notification that the claim is a non-clean claim;
            ``(ii) an explanation of why the claim has been determined
        to be a non-clean claim; and
            ``(iii) an identification of the information or
        documentation that is required to make the claim a clean claim.
    ``(B) If the Secretary does not comply with the requirements of
subparagraph (A) with respect to a claim, the claim shall be deemed a
clean claim for purposes of paragraph (1).
    ``(3) Upon receipt by the Secretary of information or documentation
described in subparagraph (A)(iii) with respect to a claim, the
Secretary shall reimburse a non-Department health care provider--
            ``(A) in the case of a claim submitted to the Secretary
        electronically, not later than 30 days after receiving such
        information or documentation; or
            ``(B) in the case of claim submitted to the Secretary in a
        manner other than electronically, not later than 45 days after
        receiving such information or documentation.
    ``(4) If the Secretary fails to comply with the deadlines for
payment set forth in this subsection with respect to a claim, interest
shall accrue on the amount owed under such claim in accordance with
section 3902 of title 31.
    ``(c) Information and Documentation Required.--(1) Pursuant to
regulations prescribed by the Secretary, the Secretary shall provide to
non-Department health care providers that furnish hospital care or
medical services to veterans pursuant to the laws administered by the
Secretary information and documentation that is required to establish a
clean claim under this section.
    ``(2) The Secretary shall consult with entities in the health care
industry, in the public and private sector, to determine the
information and documentation to include in the list under paragraph
(1).
    ``(d) Electronic Claim Submittal.--On and after January 1, 2019,
the Secretary shall not accept any claim under this section that is
submitted to the Secretary in a manner other than electronically.
    ``(e) Definitions.--In this section:
            ``(1) The term `clean claim' means a claim for
        reimbursement for hospital care or medical services furnished
        by non-Department health care providers to veterans pursuant to
        the laws administered by the Secretary, on a nationally
        recognized standard format, that includes the information and
        documentation necessary to adjudicate the claim.
            ``(2) The term `non-clean claim' means a claim for
        reimbursement for hospital care or medical services furnished
        by non-Department health care providers to veterans pursuant to
        the laws administered by the Secretary, on a nationally
        recognized standard format, that does not include the
        information and documentation necessary to adjudicate the
        claim.''.
            (2) Clerical amendment.--The table of sections at the
        beginning of chapter 17 of such title is amended by inserting
        after the item related to section 1703 the following new item:

``1703A. Payment of non-Department health care providers.''.
    (b) Electronic Submittal of Claims for Reimbursement.--
            (1) Prohibition on acceptance of non-electronic claims.--
                    (A) In general.--Except as provided in subparagraph
                (B), on and after January 1, 2019, the Secretary of
                Veterans Affairs shall not accept any claim for
                reimbursement under section 1703A of title 38, United
                States Code, as added by subsection (a), that is
                submitted to the Secretary in a manner other than
                electronically, including medical records in connection
                with such a claim.
                    (B) Exception.--If the Secretary determines that
                accepting claims and medical records in a manner other
                than electronically is necessary for the timely
                processing of claims for reimbursement under such
                section 1703A due to a failure or malfunction of the
                electronic interface established under paragraph (2),
                the Secretary--
                            (i) may accept claims and medical records
                        in a manner other than electronically for a
                        period not to exceed 90 days; and
                            (ii) shall submit to the Committee on
                        Veterans' Affairs of the Senate and the
                        Committee on Veterans' Affairs of the House of
                        Representatives a report setting forth--
                                    (I) the reason for accepting claims
                                and medical records in a manner other
                                than electronically;
                                    (II) the duration of time that the
                                Department of Veterans Affairs will
                                accept claims and medical records in a
                                manner other than electronically; and
                                    (III) the steps that the Department
                                is taking to resolve such failure or
                                malfunction.
            (2) Electronic interface.--
                    (A) In general.--Not later than January 1, 2019,
                the Chief Information Officer of the Department of
                Veterans Affairs shall establish and make operational
                an electronic interface for health care providers to
                submit claims for reimbursement under such section
                1703A.
                    (B) Functions.--The electronic interface
                established under subparagraph (A) shall include the
                following functions:
                            (i) A function through which a health care
                        provider may input all relevant data required
                        for claims submittal and reimbursement.
                            (ii) A function through which a health care
                        provider may upload medical records to
                        accompany a claim for reimbursement.
                            (iii) A function through which a health
                        care provider may ascertain the status of a
                        pending claim for reimbursement that--
                                    (I) indicates whether the claim is
                                a clean claim or a non-clean claim; and
                                    (II) in the event that a submitted
                                claim is indicated as a non-clean
                                claim, provides--
                                            (aa) an explanation of why
                                        the claim has been determined
                                        to be a non-clean claim; and
                                            (bb) an identification of
                                        the information or
                                        documentation that is required
                                        to make the claim a clean
                                        claim.
                            (iv) A function through which a health care
                        provider is notified when a claim for
                        reimbursement is accepted or rejected.
                            (v) Such other features as the Secretary
                        considers necessary.
                    (C) Protection of information.--
                            (i) In general.--The electronic interface
                        established under subparagraph (A) shall be
                        developed and implemented based on industry-
                        accepted information security and privacy
                        engineering principles and best practices and
                        shall provide for the following:
                                    (I) The elicitation, analysis, and
                                prioritization of functional and
                                nonfunctional information security and
                                privacy requirements for such
                                interface, including specific security
                                and privacy services and architectural
                                requirements relating to security and
                                privacy based on a thorough analysis of
                                all reasonably anticipated cyber and
                                noncyber threats to the security and
                                privacy of electronic protected health
                                information made available through such
                                interface.
                                    (II) The elicitation, analysis, and
                                prioritization of secure development
                                requirements relating to such
                                interface.
                                    (III) The assurance that the
                                prioritized information security and
                                privacy requirements of such
                                interface--
                                            (aa) are correctly
                                        implemented in the design and
                                        implementation of such
                                        interface throughout the system
                                        development lifecycle; and
                                            (bb) satisfy the
                                        information objectives of such
                                        interface relating to security
                                        and privacy throughout the
                                        system development lifecycle.
                            (ii) Definitions.--In this subparagraph:
                                    (I) Electronic protected health
                                information.--The term ``electronic
                                protected health information'' has the
                                meaning given that term in section
                                160.103 of title 45, Code of Federal
                                Regulations, as in effect on the date
                                of the enactment of this Act.
                                    (II) Secure development
                                requirements.--The term ``secure
                                development requirements'' means, with
                                respect to the electronic interface
                                established under subparagraph (A),
                                activities that are required to be
                                completed during the system development
                                lifecycle of such interface, such as
                                secure coding principles and test
                                methodologies.
            (3) Analysis of available technology for electronic
        interface.--
                    (A) In general.--Not later than January 1, 2018, or
                before entering into a contract to procure or design
                and build the electronic interface described in
                paragraph (2) or making a decision to internally design
                and build such electronic interface, whichever occurs
                first, the Secretary shall--
                            (i) conduct an analysis of commercially
                        available technology that may satisfy the
                        requirements of such electronic interface set
                        forth in such paragraph; and
                            (ii) submit to the Committee on Veterans'
                        Affairs of the Senate and the Committee on
                        Veterans' Affairs of the House of
                        Representatives a report setting forth such
                        analysis.
                    (B) Elements.--The report required under
                subparagraph (A)(ii) shall include the following:
                            (i) An evaluation of commercially available
                        systems that may satisfy the requirements of
                        paragraph (2).
                            (ii) The estimated cost of procuring a
                        commercially available system if a suitable
                        commercially available system exists.
                            (iii) If no suitable commercially available
                        system exists, an assessment of the feasibility
                        of modifying a commercially available system to
                        meet the requirements of paragraph (2),
                        including the estimated cost associated with
                        such modifications.
                            (iv) If no suitable commercially available
                        system exists and modifying a commercially
                        available system is not feasible, an assessment
                        of the estimated cost and time that would be
                        required to contract with a commercial entity
                        to design and build an electronic interface
                        that meets the requirements of paragraph (2).
                            (v) If the Secretary determines that the
                        Department has the capabilities required to
                        design and build an electronic interface that
                        meets the requirements of paragraph (2), an
                        assessment of the estimated cost and time that
                        would be required to design and build such
                        electronic interface.
                            (vi) A description of the decision of the
                        Secretary regarding how the Department plans to
                        establish the electronic interface required
                        under paragraph (2) and the justification of
                        the Secretary for such decision.
            (4) Limitation on use of amounts.--The Secretary may not
        spend any amounts to procure or design and build the electronic
        interface described in paragraph (2) until the date that is 60
        days after the date on which the Secretary submits the report
        required under paragraph (3)(A)(iii).
    (c) Clarification of Application of HIPAA Transaction Standards to
Veterans Choice Program and Other Veterans Health Care Programs Using
Non-Department Providers; Addressing Multi-Year Backlog in Claims.--
            (1) Application of hipaa administrative simplification
        standards.--
                    (A) In general.--The definition of the term
                ``health plan'' under section 1171(5)(J) of the Social
                Security Act (42 U.S.C. 1320d(5)(J)) is deemed to
                include the Veterans Choice Program.
                    (B) Implementation.--Not later than 90 days after
                the date of the enactment of this Act, the Secretary of
                Veterans Affairs shall make such modifications as may
                be necessary to implement the amendment made by
                subparagraph (A) with respect to claims for hospital
                care or medical treatment furnished under the Veterans
                Choice Program.
            (2) Addressing backlog of claims by non-department
        providers.--
                    (A) Adjudication.--Not later than 180 days after
                the date of the enactment of this section, the
                Secretary shall adjudicate all claims submitted before
                such date of enactment by non-Department of Veterans
                Affairs health care provider under the Veterans Choice
                Program.
                    (B) Use of payment schedule for non-department
                health care providers.--Section 1703A(b) of title 38,
                United States Code, as added by subsection (a)(1),
                shall apply to claims adjudicated pursuant to
                subparagraph (A), except that the timeframe involved
                shall begin on the date of such adjudication.
            (3) Veterans choice program defined.--In this subsection,
        the term ``Veterans Choice Program'' means hospital care or
        medical treatment furnished to veterans pursuant to section 101
        of the Veterans Access, Choice, and Accountability Act of 2014
        (Public Law 113-146; 38 U.S.C. 1701 note) or any other law
        administered by the Secretary of Veterans Affairs under which a
        non-Department of Veterans Affairs health care provider
        furnishes such care or services.

Output: This bill directs the Department of Veterans Affairs (VA) to ensure that payments made to non-VA health care providers, including payments under the Veterans Choice Program, comply with the Prompt Payment Act and the requirements set forth in this bill. The bill: (1) prescribes payment schedules; (2) requires, with exceptions, claims to be submitted electroncially beginning January 1, 2019; and (3) requires the VA Chief Information Officer to establish by such date an electronic interface for health care providers to submit reimbursement claims.  The VA shall: (1) within 90 days after enactment of this bill, make necessary modifications to ensure prompt payment for hospital care or medical treatment furnished under the program, and (2) within 180 days after enactment of this bill, adjudicate all program claims submitted before such date by non-VA health care providers.