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

    This Act may be cited as the ``Coastal Services and Performance 
Evaluation Act of 2003''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Amendment of Coastal Zone Management Act of 1972.
Sec. 4. Policy.
Sec. 5. Coastal Zone Management Fund.
Sec. 6. Coastal services.
Sec. 7. Review of performance.
Sec. 8. Amendments relating to Walter B. Jones Awards for Excellence in 
                            Coastal Zone Management.
Sec. 9. Reports.
Sec. 10. Authorization of appropriations.
Sec. 11. Technical corrections.
Sec. 12. Coastal zone management outcome indicators and monitoring and 
                            performance evaluation system.

SEC. 3. AMENDMENT OF COASTAL ZONE MANAGEMENT ACT OF 1972.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Coastal Zone Management 
Act of 1972 (16 U.S.C. 1451 et seq.).

SEC. 4. POLICY.

    Section 303 (16 U.S.C. 1452) is amended in paragraph (2)(J) by 
striking ``State'' the second place it appears and inserting ``State 
and Federal fish''.

SEC. 5. COASTAL ZONE MANAGEMENT FUND.

    Section 308 (16 U.S.C. 1456a) is amended--
            (1) in subsection (a) by striking paragraph (2) and 
        inserting the following:
    ``(2) Loan repayments made pursuant to this subsection--
                    ``(A) shall be retained by the Secretary and 
                deposited into the Coastal Zone Management Fund 
                established under subsection (b); and
                    ``(B) subject to amounts provided in appropriation 
                Acts, shall be available to the Secretary for purposes 
                of this title and transferred to the Operations, 
                Research, and Facilities account to offset the costs of 
                implementing this title.''; and
            (2) in subsection (b)--
                    (A) by striking paragraphs (2) and (3); and
                    (B) by striking ``(b)(1)'' and inserting ``(b)''.

SEC. 6. COASTAL SERVICES.

    Section 310 (16 U.S.C. 1456c) is amended--
            (1) by striking so much as precedes subsection (b) and 
        inserting the following:

     ``coastal services, training, education, and technical support

    ``Sec. 310. (a)(1) The Secretary shall conduct a program of 
training, education, technical assistance, technology transfer, 
management-oriented research, and other services to support--
            ``(A) State coastal management programs and national 
        estuarine reserves designated under this title; and
            ``(B) other Federal agencies, local governments, Indian 
        tribes, other persons, and international cooperative efforts 
        relating to the comprehensive planning, conservation, and 
        management of ocean and coastal resources.
    ``(2) The Secretary may, in implementing this program, take into 
consideration the need to address regional or local concerns, including 
the unique needs of island States and territories, in order to provide 
effective and efficient support and develop expertise.
    ``(3) The Secretary shall coordinate the technical assistance, 
studies, management-oriented research, and other activities under this 
section with any other relevant activities conducted by or subject to 
the authority of the Secretary.'';
            (2) in subsection (b) by inserting ``Coordination and 
        Consultation.--'' after ``(b)''; and
            (3) by adding at the end the following:
    ``(c) Assistance From Other Agencies and Persons.--(1) Each 
department, agency, and instrumentality of the executive branch of the 
Federal Government may assist the Secretary, on a reimbursable basis or 
otherwise, in carrying out the purposes of this section, including the 
furnishing of information to the extent permitted by law, the transfer 
of personnel with their consent and without prejudice to their position 
and rating, and the performance of any research, study, and technical 
assistance that does not interfere with the performance of the primary 
duties of such department, agency, or instrumentality.
    ``(2) The Secretary may enter into contracts or other arrangements 
with other Federal agencies and any other qualified person for the 
purposes of carrying out this section.''.

SEC. 7. REVIEW OF PERFORMANCE.

    Section 312 (16 U.S.C. 1458) is amended by striking ``Sec. 312.'' 
and all that follows through subsection (a) and inserting the 
following:
    ``Sec. 312. (a) Review.--No less than every 5 years, the Secretary 
shall conduct a review of the performance of a coastal State's 
management program. Each review shall include a written evaluation with 
an assessment and detailed findings concerning the extent to which the 
State has implemented and enforced the program approved by the 
Secretary, addressed the coastal management needs identified in section 
303(2)(A) through (K), met any outcome indicators established by the 
Secretary under section 12 of the Coastal Services and Performance 
Evaluation Act of 2003, and adhered to the terms of any grant, loan, or 
cooperative agreement funded under this title.''.

SEC. 8. AMENDMENTS RELATING TO WALTER B. JONES AWARDS FOR EXCELLENCE IN 
              COASTAL ZONE MANAGEMENT.

    Section 314 (16 U.S.C. 1460) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Authorization of Program.--(1) The Secretary may implement a 
program to promote excellence in coastal zone management by identifying 
and making awards acknowledging outstanding accomplishments in the 
field of coastal zone management. An award under this section shall be 
known as a `Walter B. Jones Award'.
    ``(2) Awards under this section may include, subject to the 
availability of appropriations--
            ``(A) cash awards of not more than $5,000 each;
            ``(B) research grants; and
            ``(C) public ceremonies to acknowledge accomplishments in 
        the field of coastal zone management.'';
            (2) in subsection (b) in the matter preceding paragraph 
        (1), by striking ``shall elect annually'' and inserting ``may 
        select annually for an award under this section''; and
            (3) by repealing subsection (e).

SEC. 9. REPORTS.

    Section 316(a) (16 U.S.C. 1462(a)) is amended--
            (1) in subsection (a)--
                    (A) by striking ``to the President for 
                transmittal''; and
                    (B) in clause (10) by striking ``and an evaluation 
                of the effectiveness of financial assistance under 
                section 308 in dealing with such consequences''; and
            (2) by amending subsection (c) to read as follows:
    ``(c) State of the Coast Report.--Not less than 24 months after the 
date of the enactment of this subsection, and not less than every 24 
months thereafter, the Secretary shall provide a coastal status report 
to the Congress that includes the following:
            ``(1) An assessment of the ecological status and trends of 
        United States marine resources.
            ``(2) An identification and analysis of the changes in 
        those status and trends since the previous report.
            ``(3) An identification and assessment of Government 
        performance measures that track the status and trends of United 
        States marine resources.
            ``(4) An evaluation of the adequacy of marine resource 
        monitoring and assessment programs.''.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    Section 318(a) (16 U.S.C. 1464(a)) is amended--
            (1) in paragraph (1) by striking ``and'' after the 
        semicolon at the end;
            (2) in paragraph (2) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) to carry out section 310 and for awards under section 
        314--
                    ``(A) $28,000,000 for fiscal year 2004;
                    ``(B) $29,000,000 for fiscal year 2005; and
                    ``(C) $30,000,000 for each of fiscal years 2006 
                through 2008.''.

SEC. 11. TECHNICAL CORRECTIONS.

    The Coastal Zone Management Act of 1972 is amended--
            (1) in section 304(5) (16 U.S.C. 1453(5)) by striking the 
        semicolon and inserting a colon;
            (2) in section 306(a), as redesignated by this Act, in 
        paragraph (10)(A) by inserting a comma after ``development'';
            (3) by striking ``coastal state'' each place it appears and 
        inserting ``coastal State'';
            (4) by striking ``coastal states'' each place it appears 
        and inserting ``coastal States'';
            (5) by striking ``coastal state's'' each place it appears 
        and inserting ``coastal State's'';
            (6) by striking the term ``state'' each place it appears in 
        reference to a State of the United States (other than in the 
        term ``coastal state'') and inserting ``State'';
            (7) by striking the term ``states'' each place it appears 
        in reference to States of the United States (other than in the 
        term ``coastal states'') and inserting ``States''; and
            (8) by striking the term ``state's'' each place it appears 
        in reference to a State of the United States (other than in the 
        term ``coastal state's'') and inserting ``State's''.

SEC. 12. COASTAL ZONE MANAGEMENT OUTCOME INDICATORS AND MONITORING AND 
              PERFORMANCE EVALUATION SYSTEM.

    (a) In General.--
            (1) Performance guidelines and evaluation.--The Secretary 
        of Commerce shall, by not later than 1 year after the date of 
        enactment of this Act, submit to the Committee on Resources of 
        the House of Representatives a report identifying a common set 
        of measurable outcome indicators to evaluate the performance of 
        State coastal zone management programs in furthering the goals 
        and objectives identified in the States' approved coastal 
        management programs, and in the achievement of the national 
        policy declared in section 303 of the Coastal Zone Management 
        Act of 1972 (16 U.S.C. 1452).
            (2) Assessment of coastal and marine monitoring, 
        assessment, and other information.--The Secretary shall, by not 
        later than 2 years after the date of enactment of this Act, 
        submit to the Committee on Resources of the House of 
        Representatives a report providing--
                    (A) an assessment of the adequacy of coastal and 
                marine monitoring, assessment, and other information 
                necessary to establish a coastal zone management 
                outcome monitoring and performance evaluation system; 
                and
                    (B) recommendations for improving the availability 
                of such information, including funding needs.
            (3) Outcome monitoring and performance evaluation system.--
        The Secretary shall, by not later than 3 years after the date 
        of the enactment of this Act, establish a national coastal zone 
        management outcome monitoring and performance evaluation system 
        that uses the common set of indicators identified in the report 
        under paragraph (1).
    (b) Consultation.--
            (1) State consultation.--In preparing each of the reports 
        under subsection (a), the Secretary shall consult with and 
        provide a copy of the draft report to each coastal State, 
        through the Governor of the State or the head of the State 
        agency designated by such Governor pursuant to section 
        310(d)(6) of the Coastal Zone Management Act of 1972 (16 U.S.C. 
        1455(d)(6)).
            (2) Public comment and participation.--The Secretary shall 
        also implement a public process to solicit the views and 
        comments of Federal agencies, local governments, regional 
        organizations, port authorities, and other interested public 
        and private persons regarding such reports, and shall make 
        available to such persons copies of each draft of such reports 
        for review and comment.
            (3) Response to comments.--The Secretary shall include in 
        each final report under subsection (a)--
                    (A) any comments on each draft of the report 
                received from a Governor or the head of such a 
                designated State agency, and the Secretary's responses 
                to such comments; and
                    (B) a summary of other public comments regarding 
                the report, and the Secretary's response to those 
                comments.
    (c) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated to the Secretary $1,000,000 for 
each of the fiscal years 2004, 2005, and 2006.

SOLUTION: Coastal Services and Performance Evaluation Act of 2003 - Amends Federal law to make loan repayments deposited in the Coastal Zone Management Fund available to offset costs of implementing coastal zone management programs.Requires the Secretary of Commerce to provide training, education, and technical assistance for coastal zone management. Authorizes Federal agencies and instrumentalities to assist the Secretary on a reimbursable basis.Revises review requirements for coastal State management programs to change the frequency of review from continuing to every five years.Makes the Walter B. Jones Excellence in Coastal Zone Management Awards program discretionary instead of mandatory.Requires the Secretary to establish a national coastal zone management outcome indicators monitoring and performance evaluation system that provides for public comment and participation and uses a common set of measurable outcome indicators to evaluate the performance of State coastal zone management programs.

PROBLEM: 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
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SOLUTION: 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.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Human Rights Information Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The commitment to the promotion and protection of human 
        rights, democracy, and the rule of law around the world has led 
        the United States to undertake tremendous diplomatic, economic, 
        and military efforts to end systematic gross human rights 
        violations abroad, consistent with the national interests and 
        international leadership role of the United States. Such 
        efforts are thwarted if the cycle of impunity for human rights 
        violations in countries other than the United States is not 
        broken, and the likelihood of the need for renewed United 
        States engagements in those countries remains.
            (2) The United States has a significant interest that newly 
        established or reestablished democratic societies take credible 
        steps to fully investigate and prosecute human rights 
        violations. Such steps could include the creation of a national 
        or international truth commission or tribunal, the appointment 
        of a human rights officer, or the leading of official national 
        investigations by credible sections of the civil society, 
        including religious institutions and nongovernmental 
        organizations.
            (3) Executive agencies are in possession of documents 
        pertaining to gross human rights violations abroad that are 
        needed by foreign authorities to document, investigate, and 
        subsequently prosecute instances of continued and systematic 
        gross human rights violations, including those directed against 
        citizens of the United States.
            (4) The overwhelming importance to the United States of 
        investigations by foreign authorities of gross human rights 
        violations and the urgency of requests for legal assistance 
        which the United States will continue to receive from foreign 
        entities require a systematic process of expedited 
        declassification and disclosure of documents pertaining to such 
        gross human rights violations.
            (5) After a 36-year history of being open to foreign 
        requesters, the Freedom of Information Act (section 552 of 
        title 5, United States Code) was amended in the 107th Congress 
        by the Intelligence Authorization Act for Fiscal Year 2003 
        (Public Law 107-306) to prohibit agencies within the 
        intelligence community from making records available to foreign 
        entities or their representatives.
            (6) Only an expedited systematic process can help ensure 
        timely investigations of perpetrators of gross and systematic 
        human rights violations and provide families with urgently 
        needed information regarding the fate of relatives, including 
        information making possible the location, identification, and 
        burial of the remains of family members who have been killed, 
        helping to bring closure for those families and beginning the 
        process of national reconciliation.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Human rights record.--The term ``human rights record'' 
        means a record in the possession, custody, or control of the 
        United States Government containing information about gross 
        violations of internationally recognized human rights committed 
        in a country other than the United States, except that such 
        term does not include any record submitted to or compiled by 
        the Immigration and Naturalization Service or its successors 
        (including the Bureau of Border Security and the Bureau of 
        Citizenship and Immigration Services).
            (2) Agency.--The term ``agency'' means the National 
        Archives and Records Administration (and all the Presidential 
        libraries it maintains), the National Security Council, the 
        Office of National Drug Control Policy, and any executive 
        agency of the United States Government charged with the conduct 
        of foreign policy or foreign intelligence, including, but not 
limited to, the Department of State, the Department of Justice, the 
Department of Defense, the Central Intelligence Agency, the Agency for 
International Development, and the National Reconnaissance Office, 
except that such term does not include the Immigration and 
Naturalization Service or its successors (including the Bureau of 
Border Security and the Bureau of Citizenship and Immigration 
Services).
            (3) Appeals panel.--The term ``Appeals Panel'' means the 
        Interagency Security Classification Appeals Panel created by 
        Executive Order number 12958 (or any successor entity or review 
        procedure).
            (4) Gross violations of internationally recognized human 
        rights.--The term ``gross violations of internationally 
        recognized human rights'' has the meaning given that term in 
        section 502B(d)(1) of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2304(d)(1)).
            (5) International bona fide request.--The term 
        ``international bona fide request'' means a request for a human 
        rights record from an individual or entity (such as an entity 
        created by the United Nations, a regional international 
        organization, a national truth commission, or the principal 
        justice or human rights official of a country) that is carrying 
        out an official mandate to investigate a pattern of gross 
        violations of internationally recognized human rights, pursuant 
        to a proceeding that--
                    (A) is a credible examination or investigation 
                conducted in accordance with the mandate of the entity 
                or official;
                    (B) is carried out in accordance with international 
                law, including laws regarding appropriate jurisdiction 
                of the person or entity carrying out the proceeding; 
                and
                    (C) does not threaten to violate due process or 
                other internationally recognized human rights.
            (6) International law.--The term ``international law'' 
        means the rules and principles of general application dealing 
        with the conduct and relations of nations and international 
        organizations.

SEC. 4. DETERMINATIONS REQUIRED REGARDING REQUESTS FOR HUMAN RIGHTS 
              RECORDS.

    (a) Determination Required.--If the President or the head of an 
agency receives a request for a human rights record from an individual 
or entity (such as an entity created by the United Nations, a regional 
international organization, a national truth commission, or the 
principal justice or human rights official of a country) that is 
carrying out an official mandate to investigate a pattern of gross 
violations of internationally recognized human rights, not later than 
60 days after the receipt of such request the President (or the 
Attorney General on behalf of the President) shall make a determination 
whether such request is an international bona fide request.
    (b) Procedures in Case of Positive Determination.--If the President 
(or the Attorney General on behalf of the President) makes a 
determination that a request under subsection (a) is an international 
bona fide request, not later than 120 days after the date that the 
President or Attorney General makes such determination, the heads of 
the appropriate agencies shall identify, review, and organize all human 
rights records with respect to such request for the purpose of 
declassifying and disclosing the records to the public. Except as 
provided in section 5 and subsection (d), all records described in the 
preceding sentence shall be made available to the public not later than 
30 days after the date that a review under this subsection is 
completed.
    (c) Procedures in Case of Negative Determination.--If the President 
(or the Attorney General on behalf of the President) makes a 
determination that a request under subsection (a) is not an 
international bona fide request, such determination, and a detailed 
explanation regarding such determination, shall be published in the 
Federal Register not later than 90 days after the date that such 
request is received.
    (d) Confidentiality To Protect Ongoing Investigations.--
            (1) Disclosure of records on confidential basis.--The head 
        of an agency disclosing human rights records as a result of a 
        positive determination under subsection (b) may, at the agency 
        head's initiative or at the request of the individual or entity 
        that submitted the request for records, disclose such records 
        to the individual or entity on a confidential basis if the 
        agency head determines that confidential disclosure is 
        necessary to avoid jeopardizing an ongoing investigation.
            (2) Delayed public disclosure of records.--If the agency 
        head determines that confidential disclosure of records under 
        paragraph (1) is necessary, the agency head may withhold such 
        records from public disclosure until the agency head 
        determines, in consultation with the individual or entity that 
        submitted the request, that the need for confidentiality no 
        longer exists.

SEC. 5. GROUNDS FOR POSTPONEMENT OF DISCLOSURE OF RECORDS.

    (a) In General.--The head of an agency may postpone disclosure of a 
human rights record or particular information in a human rights record 
under this Act only if the head of the agency determines that there is 
clear and convincing evidence that--
            (1) the threat to the military defense, intelligence 
        operations, or conduct of foreign relations of the United 
        States that would result from disclosure of the human rights 
        record is of such gravity that it outweighs the public 
        interest, and such disclosure would reveal--
                    (A) an intelligence agent whose identity requires 
                protection;
                    (B) an intelligence source or method--
                            (i) which is being utilized, or reasonably 
                        expected to be utilized, by the United States 
                        Government;
                            (ii) which has not been officially 
                        disclosed; and
                            (iii) the disclosure of which would 
                        interfere with the conduct of intelligence 
                        activities; or
                    (C) any other matter currently relating to the 
                military defense, intelligence operations, or conduct 
of foreign relations of the United States, the disclosure of which 
would demonstrably impair the national security of the United States;
            (2) the disclosure of the human rights record--
                    (A) would reveal the name or identity of a living 
                individual who provided confidential information to the 
                United States; and
                    (B) would pose a substantial risk of harm to such 
                individual or to any member of the family, friend, or 
                associate of such individual;
            (3) the disclosure of the human rights record could 
        reasonably be expected to constitute an unwarranted invasion of 
        personal privacy, and that invasion of privacy would be so 
        substantial that it outweighs the public interest; or
            (4) the disclosure of the human rights record would 
        compromise the existence of an understanding of confidentiality 
        requiring protection between a United States Government agent 
        and a cooperating individual or a foreign government, and 
        disclosure would be so harmful that it outweighs the public 
        interest.
    (b) Special Treatment of Certain Information.--It shall not be 
grounds for postponement of disclosure of a human rights record that an 
individual named in the human rights record was an intelligence asset 
of the United States Government, although the existence of such 
relationship may be withheld if any of the criteria set forth in 
subsection (a) are met. For purposes of the preceding sentence, the 
term ``intelligence asset'' means a covert agent as defined in section 
606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)).

SEC. 6. REVIEW OF DETERMINATIONS TO WITHHOLD RECORDS.

    (a) Duties of the Appeals Panel.--The Appeals Panel shall review 
all determinations by the head of an agency to postpone disclosure of a 
record under this Act.
    (b) Determinations of the Appeals Panel.--
            (1) In general.--The Appeals Panel may uphold a 
        determination by the head of an agency to postpone disclosure 
        of a record under this Act only if the Appeals Panel determines 
        that there is clear and convincing evidence that--
                    (A) the record is not a human rights record; or
                    (B) the record or particular information in the 
                record qualifies for postponement of disclosure under 
                section 5.
            (2) Treatment in cases of nondisclosure.--If the Appeals 
        Panel concurs with an agency decision to postpone disclosure of 
        a record under this Act, the Appeals Panel shall determine, in 
        consultation with the head of the agency and consistent with 
        the standards set forth in this Act, which, if any, of the 
        alternative forms of disclosure described in paragraph (3) 
        shall be made by the agency.
            (3) Alternative forms of disclosure.--The forms of 
        disclosure under this paragraph are the following:
                    (A) Disclosure of any reasonably segregable portion 
                of the human rights record after deletion of the 
                portions described in paragraph (1)(B).
                    (B) Disclosure of a record that is a substitute for 
                information that is not disclosed.
                    (C) Disclosure of a summary of the information in 
                the human rights record.
            (4) Notification of determination.--
                    (A) In general.--Upon completion of a review under 
                this section, the Appeals Panel shall notify the head 
                of the agency in control or possession of the record 
                that was the subject of the review of its determination 
                and shall, not later than 14 days after the 
determination, publish the determination in the Federal Register.
                    (B) Notice to president.--The Appeals Panel shall 
                notify the President of a determination under this 
                section. The notice shall contain a written 
                unclassified justification for the determination, 
                including an explanation of the application of the 
                criteria set forth in section 5.
            (5) General procedures.--The Appeals Panel shall publish in 
        the Federal Register guidelines regarding its policy and 
        procedures for adjudicating appeals under this section.
    (c) Presidential Review of Appeals Panel Determinations.--
            (1) Disclosure or postponement of disclosure.--The 
        President shall have the sole and nondelegable authority to 
        review any determination of the Appeals Panel under this Act, 
        and such review shall be based on the criteria set forth in 
        section 5. If the Appeals Panel overturns the determination of 
        the head of an agency to withhold records from 
        declassification, not later than 30 days after the Appeals 
        Panel's determination and notification to the head of the 
        agency under subsection (b)(4), the President shall provide the 
        Appeals Panel with an unclassified written certification 
        specifying the President's determination and stating the 
        reasons for the decision, including, in the case of a 
        determination to postpone disclosure, the criteria set forth in 
        section 5 that are the basis for the President's determination.
            (2) Record of presidential postponement.--The Appeals Panel 
        shall, upon receipt of the President's determination, publish 
        in the Federal Register a copy of any unclassified written 
        certification, statement, and other materials transmitted by or 
        on behalf of the President with regard to the postponement of 
        disclosure of a record under this Act.

SEC. 7. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF CERTAIN HUMAN 
              RIGHTS RECORDS.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the head of each agency shall identify, review, 
and organize all human rights records regarding activities occurring in 
Guatemala and Honduras for the purpose of declassifying and disclosing 
such records to the public. Except as provided in section 5, all 
records described in the preceding sentence shall be made available to 
the public not later than 30 days after the date that a review under 
this section is completed.
    (b) Report to Congress.--Not later than 150 days after the date of 
the enactment of this Act, the President shall report to Congress 
regarding each agency's compliance with the provisions of this section.

SEC. 8. RULES OF CONSTRUCTION.

    (a) In General.--Notwithstanding any other provision of law, the 
provisions of this Act shall govern the declassification and public 
disclosure of human rights records by executive agencies.
    (b) Judicial Review.--Nothing in this Act shall be construed to 
preclude judicial review, under chapter 7 of title 5, United States 
Code, of final actions taken or required to be taken under this Act. 
For purposes of this Act, determinations by the Attorney General made 
on behalf of the President under section 4(a) shall be subject to the 
same standard of judicial review as determinations by the President.

SEC. 9. CREATION OF ADDITIONAL POSITIONS FOR APPEALS PANEL.

    Two additional positions shall be created for the Appeals Panel 
solely for purposes of carrying out the provisions of this Act. In 
filling such positions, the President--
            (1) shall appoint individuals who--
                    (A) were not involved in making determinations that 
                could be reviewed by the Appeals Panel;
                    (B) have demonstrated substantial human rights 
                expertise; and
                    (C) are able to meet the security requirements for 
                such positions; and
            (2) shall seek recommendations with respect to such 
        positions from nongovernmental human rights organizations.

SOLUTION:
Human Rights Information Act - Requires certain Federal agencies to identify, review, and organize all human rights records, for declassification and public disclosure, if the President determines bona fide a request for them by an individual or entity carrying an official mandate to investigate a pattern of gross violations of internationally recognized human rights.Prescribes guidelines under which the Interagency Security Classification Appeals Panel shall review agency determinations to postpone disclosure of any human rights record. Authorizes postponement of such public disclosures on specified grounds.Requires each Federal agency to identify, review, and organize all human rights records regarding activities occurring in Guatemala and Honduras for declassification and public disclosure.