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

[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Landowners Equal Treatment Act of 
1999''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds and declares the following:
            (1) The Secretary of the Interior, through the United 
        States Fish and Wildlife Service, recently demanded and 
        received compensation for the loss of use of federally owned 
        property resulting from constructive use of the property for 
        other public purposes, in an amount of approximately 
        $26,000,000.
            (2) The Secretary of Transportation has promulgated a 
        regulation allowing for compensation of Federal agencies for 
        the lost use of agency property for public purposes, through a 
        definition of the term ``constructive use'' that includes off-
        site impacts of Federal agency actions on federally owned 
        property.
            (3) The Federal Government enjoys no right under the 
        Constitution to compensation for use of Federal agency property 
        for other public purposes, while the rights of private persons 
        to be compensated for the taking of their property by the 
        Government for a public purpose is a fundamental right 
        protected by the Fifth and Fourteenth Amendments to the 
        Constitution.
            (4) Private property owners should be compensated in a 
        manner that is at least as equitable as the compensation 
        afforded to Federal agencies when their property is used or 
        constructively used for other public purposes.
            (5) Fair and equitable treatment of private property owners 
        will increase the willingness of private property owners to 
        provide habitat for wildlife and plants protected under the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
    (b) Purpose.--The purpose of this Act is to increase the efforts of 
private property owners to protect and restore habitat for wildlife, by 
ensuring that their constitutional and legal property rights will be 
honored, respected, and protected in the implementation of the 
Endangered Species Act of 1973.

SEC. 3. MINIMIZING IMPACTS ON PRIVATE PROPERTY.

    The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is 
amended by adding at the end the following new section:

                ``minimizing impacts on private property

    ``Sec. 19. (a) In General.--In implementing this Act, the head of 
an agency shall make every possible effort to avoid, minimize, or 
mitigate impacts on non-Federal property that result in Federal use of 
the property as a direct result of the action of the agency head under 
this Act or in furtherance of the purposes of this Act. An agency shall 
not take action that results in a Federal use of non-Federal property 
under this Act unless the agency--
            ``(1) obtains the written permission of its owner;
            ``(2) negotiates a voluntary agreement authorizing that 
        use; or
            ``(3) pays compensation in accordance with this section.
    ``(b) Compensation for Federal Use of Non-Federal Property.--An 
agency that takes action under this Act or in furtherance of the 
purposes of this Act that results in a Federal use of non-Federal 
property or any portion of non-Federal property without the written 
consent of the owner of the property shall compensate the owner for the 
fair market value of the Federal use of the property or portion. 
Compensation paid shall reflect the duration of the Federal use as 
necessary to achieve the purposes of this Act.
    ``(c) Request of Owner.--An owner of non-Federal property seeking 
compensation under this section shall make a written request for 
compensation to the agency implementing the agency action resulting in 
the Federal use of property. The request shall, at a minimum, identify 
the affected portion of the property, the nature of the Federal use of 
non-Federal property for which the compensation is sought, and the 
amount of compensation sought.
    ``(d) Negotiations.--The agency may negotiate with the owner to 
reach agreement on the amount of the compensation under this section, 
the terms of any agreement for payment, and the terms of any Federal 
use of non-Federal property for which compensation is paid. If such an 
agreement is reached, the agency shall within 6 months pay the owner 
the amount agreed upon. An agreement under this section may include a 
transfer of title or an agreement to limit the period of time of the 
Federal use of non-Federal property.
    ``(e) Choice of Remedies.--If, not later than 180 days after the 
written request is made, the parties have not reached an agreement on 
compensation, the owner of the property may elect binding arbitration 
or seek compensation due under this section in a civil action.
    ``(f) Arbitration.--The procedures that govern the arbitration 
shall, as nearly as practicable, be those established under title 9, 
United States Code, for arbitration proceedings to which that title 
applies. An award made in such arbitration shall include a reasonable 
attorney's fee and other arbitration costs, including appraisal fees. 
The agency shall promptly pay any award made to the owner.
    ``(g) Civil Actions.--A civil action to enforce this section may be 
filed under section 11(g). An owner who prevails in a civil action 
against the agency pursuant to this section shall be entitled to, and 
the agency shall be liable for, the amount of compensation awarded plus 
reasonable attorney's fees and other litigation costs, including 
appraisal fees. The court shall award interest on the amount of any 
compensation from the time of the Federal use of non-Federal property.
    ``(h) Source of Payments.--Any payment made under this section to 
an owner of property and any judgment obtained by an owner of property 
in a civil action under this section shall, notwithstanding any other 
provision of law, be made from the annual appropriation of the agency 
that took the agency action giving rise to the payment or civil action. 
If the agency action resulted from a requirement imposed by another 
agency, then the agency making the payment or satisfying the judgment 
may seek partial or complete reimbursement from the appropriated funds 
of the other agency. For this purpose, the head of the agency concerned 
may transfer or reprogram any appropriated funds available to the 
agency. If insufficient funds exist for the payment or to satisfy the 
judgment, it shall be the duty of the head of the agency to seek the 
appropriation of such funds for the next fiscal year.
    ``(i) Availability of Appropriations.--Notwithstanding any other 
provision of law, any obligation of the United States to make any 
payment under this section shall be subject to the availability of 
appropriations.
    ``(j) Duty of Notice to Owners.--An agency may not take any action 
that is a Federal use of non-Federal property unless the agency has 
given 30 days notice to each owner of the property directly affected 
explaining their rights under this section and either obtaining their 
permission for the Federal use or providing the procedures for 
obtaining any compensation that may be available under this section.
    ``(k) Rules of Construction.--The following rules of construction 
shall apply to this Act:
            ``(1) Other rights preserved.--Nothing in this Act shall be 
        construed to limit any right to compensation that exists under 
        the Constitution or under other laws.
            ``(2) Extent of federal authority.--Payment of compensation 
        under this section (other than when property is bought by the 
        Federal Government at the option of the owner) shall not confer 
        any rights on the Federal Government other than the Federal use 
        of non-Federal property agreed to so that the agency action may 
        achieve the species conservation purposes of this Act.
    ``(l) Definitions.--For the purposes of this section:
            ``(1) Agency.--The term `agency' has the meaning given that 
        term in section 551 of title 5, United States Code.
            ``(2) Federal use.--(A) The term `Federal use' means--
                    ``(i) any action under this Act to--
                            ``(I) permanently incorporate non-Federal 
                        property into a Federal facility;
                            ``(II) place non-Federal property under the 
                        control of the Secretary; or
                            ``(III) temporarily occupy non-Federal 
                        property in a manner that is adverse to the 
                        constitutional right of the owner of the 
                        property against taking of the property by the 
                        Federal Government; and
                    ``(ii) any constructive use of non-Federal 
                property.
            ``(B) In this paragraph the term `constructive use' means 
        any action described in subparagraph (C) taken under this Act 
        that results in--
                    ``(i) substantial diminution in the normal or 
                reasonably expected uses of non-Federal property;
                    ``(ii) a reduction in the fair market value of non-
                Federal property of 25 percent or more; or
                    ``(iii) in the case of the right to receive water, 
                any diminution in the quantity of water received or 
                available for use.
            ``(C) The actions referred to in subparagraph (B) are the 
        following:
                    ``(i) The imposition or enforcement of a 
                prohibition of use of non-Federal property the purpose 
                of which is to provide or retain habitat for any 
                species of wildlife or plant determined to be an 
                endangered species or threatened species.
                    ``(ii) A designation of non-Federal property as 
                critical habitat under this Act.
                    ``(iii) The denial of a permit under section 10 
                that results in the loss of the ability to use non-
                Federal property in order to provide habitat for 
                wildlife or plants.
                    ``(iv) An agency action pursuant to a reasonable 
                and prudent alternative suggested by the Secretary 
                under section 7, that would cause an agency to restrict 
                the use of non-Federal property.
                    ``(v) The imposition by any governmental entity of 
                a limitation or restriction on an otherwise permissible 
                use of non-Federal property by the owner of the 
                property, as a condition of a Federal agency providing 
                any land, money, permit, or other benefit to the 
                governmental entity, if imposition of the limitation or 
                restriction by the agency directly would constitute a 
                Federal use of non-Federal property under the other 
                provisions of this paragraph, unless the governmental 
                entity has some other legal basis for imposing the 
                limitation or restriction.
            ``(3) Fair market value.--The term `fair market value' 
        means the most probable price at which property or a right to 
        use property would change hands, in a competitive and open 
        market under all conditions requisite to fair sale, between a 
        willing buyer and willing seller, neither being under any 
        compulsion to buy or sell and both having reasonable knowledge 
        of relevant facts, and without regard to the presence of any 
        species protected under this Act. With respect to a right to 
        use property, fair market value shall be determined on or 
        immediately before the exercise of the right.
            ``(4) Law of the state.--The term `law of the State' 
        includes the law of a political subdivision of a State.
            ``(5) Non-federal property.--The term `non-Federal 
        property' means property which is owned by a person other than 
        any Federal entity of government.
            ``(6) Property.--The term `property' means land, an 
        interest in land, the right to use or receive water, and any 
        personal property, as defined under the law of the State.''.
[A]: Landowners Equal Treatment Act of 1999 - Amends the Endangered Species Act of 1973 to require the head of an agency to make every possible effort to avoid, minimize, or mitigate impacts on non-Federal property that result from Federal use of the property (including constructive use) as a direct result of an agency action under such Act (including actions to provide or retain habitat for endangered or threatened species or to designate non-Federal property as critical habitat).  Prohibits an agency from taking action under such Act that results in a Federal use of non-Federal property unless it: (1) obtains the landowner's permission; (2) negotiates a voluntary agreement authorizing such use; or (3) compensates the landowner for the fair market value of the Federal use.  Sets forth provisions governing landowner requests for compensation, compensation negotiations, arbitration or civil actions to resolve compensation disagreements, and payment of compensation from an agency's annual appropriations. 
Prohibits an agency from taking any action that is a Federal use of non-Federal property unless it has given 30 days notice to each property owner directly affected explaining their rights and either obtaining their permission or providing procedures for obtaining compensation.


[Q]: TITLE I--MODIFICATION OF PROVISIONS RELATING TO DRAWBACK CLAIMS

SEC. 101. MERCHANDISE NOT CONFORMING TO SAMPLE OR SPECIFICATIONS.

    Section 313(c) of the Tariff Act of 1930 (19 U.S.C. 1313(c)), is 
amended to read as follows:
    ``(c) Merchandise Not Conforming to Sample or Specifications.--
            ``(1) Conditions for drawback.--Upon the exportation or 
        destruction under the supervision of the Customs Service of 
        articles or merchandise--
                    ``(A) upon which the duties have been paid,
                    ``(B) which has been entered or withdrawn for 
                consumption,
                    ``(C) which is--
                            ``(i) not conforming to sample or 
                        specifications, shipped without the consent of 
                        the consignee, or determined to be defective as 
                        of the time of importation, or
                            ``(ii) ultimately sold at retail and for 
                        any reason returned to and accepted by the 
                        importer or the claimant under the provisions 
                        of the importer's or claimant's merchandise 
                        warranty provision, and
                    ``(D) which, within 3 years after the date of 
                importation or withdrawal, as applicable, has been 
                exported or destroyed under the supervision of the 
                Customs Service,
        the full amount of the duties paid upon such merchandise, less 
        1 percent, shall be refunded as drawback.
            ``(2) Designation of import entries.--Notwithstanding 
        paragraph (1), for purposes of paragraph (1)(C)(ii), drawback 
        may be claimed by designating any entry of merchandise that was 
        imported within 1 year before the date of exportation or 
        destruction of the merchandise described in paragraph (1) under 
        the supervision of the Customs Service. The returned 
        merchandise, at the time of its importation, must be 
        commercially interchangeable with the merchandise designated 
        for drawback.
            ``(3) When drawback certificates not required.--For 
        purposes of this subsection, drawback certificates are not 
        required if the drawback claimant and the importer are the same 
        party, or if the drawback claimant is a drawback successor to 
        the importer as defined in subsection (s)(3).''.

SEC. 102. TIME LIMITATION ON EXPORTATION OR DESTRUCTION.

    Section 313(i) of the Tariff Act of 1930 (19 U.S.C. 1313(j)), is 
amended--
            (1) by striking ``No'' and inserting ``Unless otherwise 
        provided for in this section, no''; and
            (2) by inserting ``, or destroyed under the supervision of 
        the Customs Service,'' after ``exported''.

SEC. 103. USE OF DOMESTIC MERCHANDISE ACQUIRED IN EXCHANGE FOR IMPORTED 
              MERCHANDISE OF SAME KIND AND QUALITY.

    Section 313(k) of the Tariff Act of 1930 (19 U.S.C. 1313(k)), is 
amended--
            (1) by striking ``(k)'' and inserting ``(k)(1)''; and
            (2) by adding at the end the following new paragraph:
            ``(2) For purposes of subsections (a) and (b), the use of 
        any domestic merchandise acquired in exchange for a drawback 
        product of the same kind and quality shall be treated as the 
        use of such drawback product if no certificate of delivery or 
        certificate of manufacture and delivery pertaining to such 
        drawback product is issued, other than that which documents the 
        product's manufacture and delivery. As used in this paragraph, 
        the term `drawback product' means any domestically produced 
        product manufactured with imported merchandise that is subject 
        to drawback.''

SEC. 104. PACKAGING MATERIAL.

    Section 313(q) of the Tariff Act of 1930 (19 U.S.C. 1313(q)), is 
amended to read as follows:
    ``(q) Packaging Material.--
            ``(1) Packaging material under subsections (c) and (j).--
        Packaging material, whether imported and duty paid, and claimed 
        for drawback under either subsection (c) or (j)(1), or imported 
        and duty paid, or substituted, and claimed for drawback under 
        subsection (j)(2), shall be eligible for drawback, upon 
        exportation or destruction, of 99 percent of any duty, tax, or 
        fee imposed under Federal law on such imported material.
            ``(2) Packaging material under subsections (a) and (b).--
        Packaging material that is manufactured or produced under 
        subsection (a) or (b) shall be eligible for drawback, upon 
        exportation or destruction, of 99 percent of any duty, tax, or 
        fee imposed under Federal law on the imported or substituted 
        merchandise used to manufacture or produce such material.
            ``(3) Contents.--Packaging material described in paragraphs 
        (1) and (2) shall be eligible for drawback whether or not they 
        contain articles or merchandise, and whether or not any 
        articles or merchandise they contain are eligible for drawback.
            ``(4) Employing packaging material for its intended purpose 
        prior to exportation.--The use of any packaging material for 
        its intended purpose prior to exportation or destruction shall 
        not be treated as a use of such material prior to exportation 
        or destruction for purposes of applying subsection (a), (b), or 
        (c), or paragraph (1)(B) or (2)(C)(i) or subsection (j).''.

SEC. 105. LIMITATION ON LIQUIDATION.

    Section 504 of the Tariff Act of 1930 (19 U.S.C. 1504) is amended--
            (1) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) Liquidation.--
            ``(1) Entries for consumption.--Unless an entry of 
        merchandise for consumption is extended by statute or court 
        order, except as provided in section 751(a)(3), an entry of 
        merchandise for consumption not liquidated within 1 year from--
                    ``(A) the date of entry of such merchandise,
                    ``(B) the date of the final withdrawal of all such 
                merchandise covered by a warehouse entry,
                    ``(C) the date of withdrawal from warehouse of such 
                merchandise for consumption if, pursuant to regulations 
                issued under section 505(a), duties may be deposited 
                after the filing of any entry or withdrawal from 
                warehouse, or
                    ``(D) if a reconciliation is filed, or should have 
                been filed, the date of the filing under section 484 or 
                the date the reconciliation should have been filed,
        shall be deemed liquidated at the rate of duty, value, 
        quantity, and amount of duties asserted at the time of entry by 
        the importer of record. Notwithstanding section 500(e), notice 
        of liquidation need not be given of an entry deemed liquidated.
            ``(2) Entries or claims for drawback.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), unless an entry or claim for drawback 
                is extended under subsection (b) or suspended as 
                required by statute or court order, an entry or claim 
                for drawback not liquidated within 1 year from the date 
                of entry or claim shall be deemed liquidated at the 
                drawback amount asserted by the claimant at the time of 
                entry or claim. Notwithstanding section 500(c), notice 
                of liquidation need not be given of an entry deemed 
                liquidated.
                    ``(B) Exception.--An entry or claim for drawback 
                filed before the date of the enactment of this 
                paragraph, the liquidation of which is not final as of 
                the date of the enactment of this paragraph, shall be 
                deemed liquidated on the date that is 1 year after the 
                date of the enactment of this paragraph at the drawback 
                amount asserted by the claimant at the time of the 
                entry or claim.
            ``(3) Payments or refunds.--Payment or refund of duties 
        owed pursuant to paragraph (1) or (2) shall be made to the 
        importer of record or drawback claimant, as the case may be, 
        not later than 90 days after liquidation.
    ``(b) Extension.--The Secretary may extend the period in which to 
liquidate an entry if--
            ``(1) the information needed for the proper appraisement or 
        classification of the imported or withdrawn merchandise, or for 
        determining the correct drawback amount, or for ensuring 
        compliance with applicable law, is not available to the Customs 
        Service; or
            ``(2) the importer of record or drawback claimant, as the 
        case may be, requests such extension and shows good cause 
        therefor.
The Secretary shall give notice of an extension under this subsection 
to the importer of record or drawback claimant, as the case may be, and 
the surety of such importer of record or drawback claimant. Notice 
shall be in such form and manner (which may include electronic 
transmittal) as the Secretary shall by regulation prescribe. Any entry 
the liquidation of which is extended under this subsection shall be 
treated as having been liquidated at the rate of duty, value, quantity, 
and amount of duty asserted at the time of entry by the importer of 
record, or the drawback amount asserted at the time of entry by the 
drawback claimant, at the expiration of 4 years from the applicable 
date specified in subsection (a).'';
            (2) in subsection (c)--
                    (A) by inserting ``or drawback claimant, as the 
                case may be,'' after ``to the importer of record''; and
                    (B) by inserting ``or drawback claimant'' after 
                ``of such importer of record''; and
            (3) in subsection (d), by striking the period at the end 
        and inserting ``or (in the case of a drawback entry or claim) 
        at the drawback amount asserted at the time of entry by the 
        drawback claimant.''.

SEC. 106. PENALTIES FOR FALSE DRAWBACK CLAIMS.

    Section 593A(h) of the Tariff Act of 1930 (19 U.S.C. 1593a(h)) is 
amended by striking ``subsection (g)'' and inserting ``subsections (c) 
and (g)''.

SEC. 107. EFFECTIVE DATE.

  (a) Sections 101, 102, 103, 104, and 106.--The amendments made by 
sections 101, 102, 103, 104, and 106 shall take effect on the date of 
the enactment of this Act, and shall apply to--
          (1) any drawback entry filed on and after such date of 
        enactment; and
          (2) any drawback entry filed before such date of enactment if 
        the liquidation of the entry is not final on such date of 
        enactment.
  (b) Section 105.--The amendments made by section 105 shall take 
effect on the date of the enactment of this Act, and shall apply to--
          (1) any entry of merchandise for consumption or entry or 
        claim for drawback filed on and after such date of enactment; 
        and
          (2) any entry or claim for drawback filed before such date of 
        enactment if the liquidation of the entry or claim is not final 
        on such date of enactment.

       TITLE II--LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES

SEC. 201. LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES.

  (a) In General.--Notwithstanding section 514 of the Tariff Act of 
1930 (19 U.S.C. 1514) or any other provision of law, and subject to 
subsection (b), the United States Customs Service shall, not later than 
180 days after the receipt of the request described in subsection (b), 
liquidate or reliquidate each entry described in subsection (d) by 
applying the column 1 general rate of duty of the Harmonized Tariff 
Schedule of the United States to each entry that is liquidated or 
reliquidated, regardless of whether the entry was made under the column 
1 special rate of duty of such schedule.
  (b) Requests.--Liquidation or reliquidation may be made under 
subsection (a) with respect to an entry described in subsection (d) 
only upon a request therefor is filed with the Customs Service.
  (c) Payment of Amounts Due.--Any amounts due to the United States 
pursuant to the liquidation or reliquidation of an entry under 
subsection (a) shall be paid not later than 180 days after the date of 
such liquidation or reliquidation.
  (d) Affected Entries.--The entries referred to in subsection (a), 
filed at the ports of Laredo, Texas (designated as port of entry 2304), 
Hidalgo, Texas (designated as port of entry 2305), and Wilmington, 
Delaware (designated as port of entry 1103), are as follows:

      

------------------------------------------------------------------------
                              Port of Entry            Date of Entry
------------------------------------------------------------------------
      95300618568                  2305                  02/22/95
      95300618576                  2305                  02/22/95
      95300619236                  2305                  02/27/95
      95300619277                  2305                  02/27/95
      95300619806                  2305                  03/02/95
      95300619871                  2305                  03/02/95
      95300620142                  2305                  03/07/95
      95300620176                  2305                  03/03/95
      95300620184                  2305                  03/03/95
      95300620911                  2305                  03/07/95
      95300635133                  2305                  04/07/95
      95300635141                  2305                  04/07/95
      95300635950                  2305                  04/12/95
      95300635968                  2305                  04/12/95
      95300636370                  2305                  04/14/95
      95300636388                  2305                  04/14/95
      95300640554                  2305                  05/09/95
      95300640653                  2305                  05/10/95
      95300656592                  2304                  11/05/95
      95300657665                  2304                  11/29/95
      95300657756                  2304                  12/02/95
      95300658358                  2304                  12/16/95
      95300658408                  2304                  12/17/95
      95300658572                  2304                  12/19/95
      95300658648                  2304                  12/22/95
      95300658754                  2304                  12/22/95
      95300658945                  2304                  12/27/95
      95300659018                  2304                  12/28/95
      95300659117                  2304                  12/29/95
      95300659208                  2304                  01/02/96
      95300659398                  2304                  01/05/96
      95300659513                  2304                  01/08/96
      95300659547                  2304                  01/09/96
      95300659679                  2304                  01/11/96
      95300659737                  2304                  01/14/96
      95300659794                  2304                  01/13/96
      95300659810                  2304                  01/14/96
      95300659844                  2304                  01/15/96
      95300659851                  2304                  01/15/96
      95300659901                  2304                  01/16/96
      95300659919                  2304                  01/16/96
      95300659935                  2304                  01/17/96
      95300660065                  2304                  01/18/96
      95300660107                  2304                  01/19/96
      95300660172                  2304                  01/22/96
      95300660180                  2304                  01/22/96
      95300660248                  2304                  01/22/96
      95300660362                  2304                  01/23/96
      95300660388                  2304                  01/24/96
      95300660560                  2304                  01/25/96
      95300660743                  2304                  01/27/96
      95300660818                  2304                  01/29/96
      95300660826                  2304                  01/29/96
      95300704053                  2305                  05/16/95
      95300704061                  2305                  05/16/95
      95300704889                  2305                  05/22/95
      95300704897                  2305                  05/22/95
      95300705886                  2305                  05/31/95
      95300705969                  2305                  05/30/95
      95300706900                  2305                  06/09/95
      95300706926                  2305                  06/09/95
      95300752656                  2305                  02/02/96
      95300752698                  2305                  02/04/96
      95300752805                  2305                  02/05/96
      95300752813                  2305                  02/05/96
      95300752870                  2305                  02/06/96
      95300752904                  2305                  02/06/96
      95300753001                  2305                  02/07/96
      95300753076                  2305                  02/09/96
      R7410350736                  1103                  11/29/95
      R7410350769                  1103                  11/29/95
      R7410350801                  1103                  11/29/95
      R7410350835                  1103                  11/29/95
      T8500081575                  2305                  06/16/95
      T8500081591                  2305                  06/16/95
      T8500081716                  2305                  06/20/95
      T8500081724                  2305                  06/20/95
      T8500081815                  2305                  06/27/95
      T8500081823                  2305                  06/28/95
      T8500081922                  2305                  06/27/95
      T8500081930                  2305                  06/27/95
      T8500082052                  2305                  07/01/95
      T8500082060                  2305                  07/01/95
      T8500082326                  2305                  07/14/95
      T8500082342                  2305                  07/14/95
      T8500082458                  2305                  07/22/95
      T8500082482                  2305                  07/22/95
      T8500082508                  2305                  07/24/95
      T8500082516                  2305                  07/24/95
      T8500082581                  2305                  07/30/95
      T8500082599                  2305                  07/30/95
      T8500082656                  2305                  08/03/95
      T8500082664                  2305                  08/03/95
      T8500082748                  2305                  08/09/95
      T8500082797                  2305                  08/10/95
      T8500082839                  2305                  08/14/95
      T8500082847                  2305                  08/14/95
      T8500084462                  2305                  10/22/95
------------------------------------------------------------------------
[A]: Amends the Tariff Act of 1930 to revise provisions requiring a refund of duties (drawback) on articles or merchandise which has been exported or destroyed under the supervision of the Customs Service within three years after importation or withdrawal, and which, among other things, is ultimately sold at retail and for any reason returned to and accepted by the importer or the claimant under the provisions of the importer's or claimant's merchandise warranty provision. Authorizes a drawback to be claimed by designating any entry of such merchandise that was imported within one year before its exportation or destruction. Prohibits the allowance of a drawback unless the completed article is exported or destroyed under the supervision of the Customs Service within five years after its importation.Sets forth drawback requirements with regard to: (1) use of domestic merchandise acquired in exchange for imported merchandise of same kind and quality; (2) packaging material; and (3) liquidation of entries.Sets forth penalties for false drawback claims.Provides for the liquidation or reliquidation of certain entries filed at the ports of Laredo, Texas, Hidalgo, Texas, and Wilmington, Delaware.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving Postsecondary Education 
Data for Students Act''.

SEC. 2. STUDY ON IMPROVEMENTS TO POSTSECONDARY EDUCATION TRANSPARENCY 
              AT THE FEDERAL LEVEL.

    (a) Formation of Advisory Committee on Improving Postsecondary 
Education Data.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Secretary of Education shall convene 
        the Advisory Committee on Improving Postsecondary Education 
        Data (in this Act referred to as the ``Advisory Committee''), 
        which shall be comprised of 15 members who represent 
        economically, racially, and geographically diverse populations 
        appointed by the Secretary in consultation with the 
        Commissioner for Education Statistics, including--
                    (A) individuals representing different sectors of 
                institutions of higher education, including individuals 
                representing undergraduate and graduate education;
                    (B) experts in the field of higher education 
                policy;
                    (C) State officials;
                    (D) students and other stakeholders from the higher 
                education community;
                    (E) representatives from the business community;
                    (F) experts in choice in consumer markets;
                    (G) privacy experts;
                    (H) college and career counselors at secondary 
                schools;
                    (I) experts in data policy, collection, and use; 
                and
                    (J) experts in labor markets.
            (2) Chairperson.--The Secretary shall appoint the 
        Chairperson of the Advisory Committee.
    (b) Study Required.--The Advisory Committee shall conduct a study 
examining--
            (1) the types of information, including information related 
        to costs of postsecondary education, sources of financial 
        assistance (including Federal student loans), student outcomes, 
        and postgraduation earnings, the Federal Government should 
        collect and report on institutions of higher education to 
        assist students and families in their search for an institution 
        of higher education;
            (2) how such information should be collected and reported, 
        including how to disaggregate information on student outcomes 
        by subgroups of students, such as full-time students, part-time 
        students, nontraditional students, first generation college 
        students, students who are veterans, and Federal Pell Grant 
        recipients under subpart 1 of part A of title IV of the Higher 
        Education Act of 1965 (20 U.S.C. 1070a); and
            (3) the ways in which the Federal Government may make such 
        information more readily available to--
                    (A) students and their families in a format that is 
                easily accessible and understandable, and will aid 
                students and their families in making decisions; and
                    (B) States, local governments, secondary schools, 
                individual or groups of institutions of higher 
                education, and private-sector entities.
    (c) Scope of Study.--In conducting the study under this Act, the 
Advisory Committee shall, at a minimum, examine--
            (1) whether the current Federal transparency initiatives on 
        postsecondary education--
                    (A) are reporting consistent information about 
                individual institutions of higher education across 
                Federal agencies; and
                    (B) are similar to transparency initiatives on 
                postsecondary education carried out by States, 
                individual or groups of institutions of higher 
                education, or private-sector entities;
            (2) whether--
                    (A) the collection and reporting of postgraduation 
                earnings by the Federal Government is feasible, and if 
                feasible, the options for collecting and reporting such 
                information;
                    (B) collecting and reporting such information would 
                improve the use of Federal transparency initiatives and 
                ease decisionmaking for students and their families; 
                and
                    (C) collecting and reporting such information would 
                have an impact on student privacy, and if so, how such 
                impact may be minimized;
            (3) whether any other information, including information 
        relating to student outcomes or identified under the review 
        required under subsection (d), should be collected and reported 
        by the Federal Government to improve the utility of such 
        initiatives for students and their families, and if so, how 
        such information may be collected and reported, including 
        whether the information should be disaggregated by subgroups of 
        students;
            (4) whether any information currently collected and 
        reported by the Federal Government on institutions of higher 
        education is not useful for students and their families and 
        should not be so collected and reported;
            (5) the manner in which the information from Federal 
        transparency initiatives is made available to students and 
        their families, and whether format changes may help the 
        information become more easily understood and widely utilized 
        by students and their families;
            (6) any activities being carried out by the Federal 
        Government, States, individual or groups of institutions of 
        higher education, or private-sector entities to help inform 
        students and their families of the availability of Federal 
        transparency initiatives;
            (7) the cost to institutions of higher education of 
        reporting to the Federal Government the information that is 
        being collected and reported through Federal transparency 
        initiatives, and how such cost may be minimized; and
            (8) the relevant research described in subsection (d).
    (d) Review of Relevant Research.--In conducting the study under 
this Act, the Advisory Committee shall review and consider--
            (1) research and studies, if any, that have been conducted 
        to determine questions most frequently asked by students and 
        families to help inform their search for an institution of 
        higher education;
            (2) the types of information students seek before enrolling 
        in an institution of higher education;
            (3) whether the availability to students and their families 
        of additional information on institutions of higher education 
        will be beneficial or confusing;
            (4) results, if any, that are available from consumer 
        testing of Federal, State, institution of higher education, and 
        private-sector transparency initiatives on postsecondary 
        education that have been made publicly available on or after 
        the date that is 10 years before the date of enactment of this 
        Act; and
            (5) any gaps in the research, studies, and results 
        described in paragraphs (1) and (4) relating to the types of 
        information students seek before enrolling in an institution of 
        higher education.
    (e) Consultation.--
            (1) In general.--In conducting the study under this Act, 
        the Advisory Committee shall--
                    (A) hold public hearings to consult with parents 
                and students; and
                    (B) consult with a broad range of interested 
                parties in higher education, including appropriate 
                researchers, representatives of secondary schools 
                (including college and career counselors) and 
                institutions of higher education from different sectors 
                of such institutions (including undergraduate and 
                graduate education), State administrators, and Federal 
                officials.
            (2) Consultation with the authorizing committees.--The 
        Advisory Committee shall consult on a regular basis with the 
        authorizing committees in conducting the study under this Act.
    (f) Reports to Authorizing Committees.--
            (1) Interim report.--Not later than 180 days after the date 
        of enactment of this Act, the Advisory Committee shall prepare 
        and submit to the authorizing committees and the Secretary an 
        interim report describing the progress made in conducting the 
        study under this Act and any preliminary findings on the topics 
        identified under subsection (c).
            (2) Final report.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Advisory Committee 
                shall prepare and submit to the authorizing committees 
                and the Secretary a final report on the study, 
                including--
                            (i) recommendations for legislative, 
                        regulatory, and administrative actions based on 
                        findings related to the topics identified under 
                        subsection (c); and
                            (ii) a summary of the research described in 
                        subsection (d).
                    (B) Consultation with NCES.--The Advisory Committee 
                shall consult with the Commissioner of Education 
                Statistics prior to making recommendations under 
                subparagraph (A)(i) with respect to improving the 
                information being collected and reported by the Federal 
                Government on institutions of higher education.
    (g) Availability of Funds.--The amount necessary to conduct the 
study under this Act shall be made available from amounts available to 
the Secretary for administrative expenses of the Department of 
Education.
    (h) Definitions.--For purposes of this Act:
            (1) Authorizing committees.--The term ``authorizing 
        committees'' has the meaning given the term in section 103 of 
        the Higher Education Act of 1965 (20 U.S.C. 1003).
            (2) First generation college student.--The term ``first 
        generation college student'' has the meaning given the term in 
        section 402A(h) of the Higher Education Act of 1965 (20 U.S.C. 
        1070a-11(h)).
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002), except that such term does not include 
        institutions described in subsection (a)(1)(C) of such section 
        102.
            (4) Secondary school.--The term ``secondary school'' has 
        the meaning given the term in section 9101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (6) State.--The term ``State'' has the meaning given the 
        term in section 103 of the Higher Education Act of 1965 (20 
        U.S.C. 1003).
            (7) Student.--The term ``student'' includes--
                    (A) a prospective student;
                    (B) a student enrolled in an institution of higher 
                education;
                    (C) a nontraditional student (as defined in section 
                803(j)(2) of the Higher Education Act of 1965 (20 
                U.S.C. 1161c(j)(2))); and
                    (D) a veteran (as defined in section 480(c)(1) of 
                such Act (20 U.S.C. 1087vv(c)(1))) who is a student or 
                prospective student.

            Passed the House of Representatives May 22, 2013.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
[A]:
Improving Postsecondary Education Data for Students Act - Directs the Secretary of Education to convene an Advisory Committee on Improving Postsecondary Education Data that: (1) is comprised of 15 members who represent economically, racially, and geographically diverse populations; and (2) includes higher education stakeholders, state officials, business representatives, college and career counselors at secondary schools, and experts in higher education policy, consumer choice, privacy, labor markets, and data policy, collection, and use. Requires the Committee to study:    the types of information the federal government should collect and report on institutions of higher education (IHEs) to assist students and families in their search for an IHE, including information related to postsecondary education costs, financial assistance, student outcomes, and postgraduation earnings;   how that information should be collected and reported, including how to disaggregate student outcome information by student subgroups; and   ways in which the federal government could make that information more readily available to students and their families in an easily accessible and understandable format, and to states, local governments, secondary schools, IHEs, and private-sector entities.  Requires the Committee, in conducting the study, to: (1) review relevant research concerning the types of information students and parents seek in searching for an IHE; (2) consider the utility of the information currently reported and whether additional information would be beneficial or confusing; and (3) consult with parents, students, and a broad range of parties interested in higher education. Directs the Committee to submit an interim and final report on the study to Congress and the Secretary. Requires the Committee, after consulting with the Commissioner of Education Statistics, to include in its final report recommendations for legislative, regulatory, and administrative actions to improve the information the federal government collects and reports on IHEs.