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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Soledad Canyon Mine Act''.

SEC. 2. FINDING AND PURPOSES.

(a) Findings.--The Congress finds the following:
(1) Transit Mix Concrete Corporation holds two valid
Federal contracts, numbered CA-20139 and CA-22901, issued under
the Materials Act of 1947, for the extraction of approximately
56,000,000 tons of sand and gravel from the Federal mineral
estate in lands located in Soledad Canyon adjacent to the city
of Santa Clarita, California.
(2) It is in the best interest of the citizens of
California and the Federal Government to cancel the Contracts
and prohibit future mining in the Soledad Canyon area of
California.
(3) TMC should receive as just compensation for such
cancellation the fair market value of the Contracts and all
costs, fees, and covered liabilities incurred by TMC in good
faith in its efforts to develop the Contracts.
(4) A site-specific solution that is fair to TMC and that
seeks to protect the environment and minimize impacts on local
transportation systems is in the best interest of the Nation.
(5) Considerable sums of money have been expended by TMC
and the city of Santa Clarita on legal and other services in
trying to ensure their interests are protected with respect to
Contracts CA-20139 and CA-22901.
(b) Purposes.--The purposes of this Act are the following:
(1) To provide to the Bureau of Land Management the
authority to cancel contracts CA-20139 and CA-22901 and
prohibit future mining in the Soledad Canyon.
(2) To provide a means for TMC to recover as just
compensation for the cancellation of the Contracts the fair
market value of, and TMC's expenditures and covered liabilities
pursuing the development of, the Contracts.
(3) To provide the Bureau of Land Management tools to
verify expenses incurred by TMC and provide relief.
(4) To provide timelines for the verification of costs
incurred by TMC and the determination of just compensation, and
to provide a dispute resolution process.

SEC. 3. DEFINITIONS.

In this Act:
(1) Contracts.--The term ''Contracts'' means Bureau of Land
Management mineral contracts numbered CA-20139 and CA-22901.
(2) Covered liabilities.--The term ''covered liabilities''
includes any court-ordered or court-approved payment,
settlement, or other liability on the part of TMC for damages,
costs, compensation, or reimbursement to any third party for
agreements entered into by TMC in good faith prior to January
1, 2008, in order to exercise rights under the Contracts.
(3) Materials act of 1947.--The term ''Materials Act of
1947'' means the Act of July 31, 1947, (chapter 406; 61 Stat.
681; 30 U.S.C. 601-604).
(4) Secretary.--The term ''Secretary'' means the Secretary
of the Interior.
(5) TMC.--The term ''TMC'' means the Transit Mixed Concrete
Corporation and its successors in interest, including CEMEX
USA.

SEC. 4. CANCELLATION OF THE CONTRACTS.

(a) Contract Cancellations.--The Secretary shall cancel Bureau of
Land Management mineral contracts CA-20139 and CA-22901 and withdraw
those areas that were subject to the Contracts from further mineral
entry under all mineral leasing and sales authorities available to the
Secretary, effective on the date of the enactment of this Act.
(b) Compensation.--
(1) In general.--As compensation for the cancellation of
the Contracts, TMC shall receive fair market value of the
Contracts and TMC's expenditures and covered liabilities in
trying to bring the Contracts into commercial production. As
such compensation, the Secretary shall provide to TMC surface
and mineral interests and additional value in accordance with
subsection (d) having a total value equal to the amount
described in paragraph (3). All such expenditures must have
been incurred by TMC in good faith in connection with its
efforts to bring the Contracts into commercial production:
Provided, however, that compensation for covered liabilities
may be paid to TMC under this section for up to 15 years
following the effective date of this Act.
(2) Increase in adjusted basis of contract upon
cancellation.--For purposes of the Internal Revenue Code of
1986, the adjusted basis of any contract to which section 4(a)
applies shall be increased (immediately before the cancellation
of such contract under such section) by the excess (if any)
of--
(A) the fair market value of such contract
(determined immediately before such cancellation), over
(B) the adjusted basis of such contract (as
determined immediately before the application of this
section).
(3) Value described.--The compensation provided for in
paragraph (1) is equal to the sum of the following:
(A) All amounts paid to the United States by TMC
with respect to the Contracts as bonus bids or other
prepayments.
(B) Interest on amounts referred to in subparagraph
(A), from the date of payment of such amounts to the
United States, at a rate determined by the Secretary.
(C) Amounts expended by TMC in securing the
contracts and trying to bring them into production,
including--
(i) all actual costs, including fees,
associated with the engineering and
environmental studies, and permitting
proceedings, that were incurred in good faith
in TMC's efforts to exercise the rights granted
under the Contract terms; and
(ii) all actual legal costs, including fees
and covered liabilities, incurred in good faith
in TMC's efforts to exercise the rights granted
in the Contracts, including all fees and costs
associated with securing permits and
entitlements, litigation to compel, secure, or
defend permits or entitlements, and litigation
in connection with disputes relating to mineral
and surface estate rights to the property that
is the subject of the Contracts.
(D) The fair market value of the Contracts.
(4) Determination of fair market value.--The Secretary
shall, within six months after the date of enactment of this
Act, determine by mineral appraisal the fair market value of
the contracts at the time of such determination for purposes of
paragraph (3)(D), determine by mineral appraisal or other
generally accepted applicable appraisal techniques the fair
market value of the surface and mineral estate identified in
the map referred to in subsection (d), and notify TMC of those
determinations. In determining the fair market value of the
Contracts, the Secretary shall assume that--
(A) TMC has obtained all permits and entitlements
necessary to mine, produce, process, and sell sand and
gravel from the Contracts;
(B) mining operations under the Contracts have
commenced at the time of the determination, with
maximum annual production volumes that--
(i) are based on the projected supply and
demand outlook at the time of determination;
and
(ii) reflect depletion of the reserves of
the Contracts within the effective periods of
the Contract;
(C) the fair market value of the Contracts includes
the present value of expected future net cash flows to
be derived from the mining, producing, processing, and
sale of the sand and gravel contained in the Contracts
over the minimum time necessary to mine, produce,
process, and sell such sand and gravel, taking into
consideration--
(i) the material deposit contained in the
contract sites and its quality, volume,
minability, and reclamation requirements;
(ii) the proximity of the contract sites to
markets;
(iii) the type of market that could be
served from the contract sites, including
future supply, demand, and probable price
increases based upon construction material data
developed by the State of California;
(iv) the cost of mining, producing,
processing, and selling the material reserved
in the contract sites;
(v) the types and costs of transportation
for such production from the contract sites to
markets;
(vi) royalties, taxes, and fees to mine and
sell the production from the contract sites;
(vii) similar market sales of materials the
area or region of the contract sites; and
(viii) the net present values of expected
future cash flows from proposed mining
operations of the Contract sites taking into
consideration, at a minimum, the matters
referred to in clauses (i) through (viii).
(c) Submission of Expenses Incurred.--
(1) In general.--To assist in the verification of the
amounts expended referred to in subsection (b)(3)(C), TMC shall
submit to the Secretary within 60 days after the date of
enactment of this Act an itemized list of such amounts, with
enough detail and supporting documentation so the Secretary can
determine that the expenses are associated with the Contracts.
(2) Arbitration.--The Secretary shall issue the
determination of the amounts expended referred to in subsection
(b)(3)(C) within 60 days after receipt of the itemized list
required under paragraph (1). If the Secretary disapproves such
list, the Secretary shall, upon request of TMC, determine the
economic value invested for purposes of subsection (b)(3)
through arbitration in accordance with subchapter IV of chapter
5 of title 5, United States Code.
(d) Return of Value Opportunities for TMC.--
(1) In general.--Within six months after the completion of
the requirements of subsections (b) and (c), the Secretary
shall provide to TMC the following:
(A) Surface and mineral estate interests and
additional value under subsection (b)(1) using the
surface and mineral estate as described and delineated
as Area A on the map entitled ''Cemex USA and City of
Victorville, California Land Disposal and Acquisition
Agreement'' and on file with the Secretary, consisting
of approximately 5,000 acres.
(B) If the fair market value of the surface and
mineral estate used under subparagraph (A) is less than
the sum described in subsection (b)(3), additional
mineral or surface estate under subsection (b)(1) using
the surface and mineral estate as described and
delineated as Area B on the map entitled ''Cemex USA
and City of Victorville, California Land Disposal and
Acquisition Agreement'' and on file with the Secretary,
consisting of approximately 3,000 acres as is necessary
so that the sum of the values provided under
subparagraph (A) and this subparagraph does not exceed
the sum described in subsection (b)(3).
(C) If the sum of the fair market values of the
surface and mineral estates and additional value
provided under subparagraphs (A) and (B) is less that
the sum described in subsection (b)(3), additional
value as is necessary so that the sum of the values
provided under subparagraphs (A) and (B) and this
subparagraph does not exceed the sum described in
subsection (b)(3), in the form of one or more of the
following that are mutually agreed to by the Secretary
and TMC:
(i) Credits that may be applied against
future royalties, bonus bids, or rental fees
for Federal lands administered by the Secretary
and located within the State of California,
including leases for all submerged lands of the
outer Continental Shelf.
(ii) Interest in the mineral estate in
Federal lands in the State of California that
are available for sale under the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or other
law administered by the Secretary.
(iii) Interests in the surface estate in
Federal lands in the State of California that
are under the administrative jurisdiction of
the Secretary and that are available for
disposal.
(e) Treatment of Credits.--
(1) Term.--Credits provided under subsection (d) shall
expire at the end of the 10-year period beginning on the date
the credits are issued by the Secretary.
(2) Assignment.--TMC may assign credits provided to TMC
under subsection (d) to any person who satisfies the same
requirements to hold the Contracts as those that applied to TMC
under the Materials Act of 1947.
(f) Referral to Court of Claims.--
(1) Referral.--If within 12 months after the date of
enactment of this Act, the Secretary and TMC do not reach
agreement under subsections (b), (c), and (d) regarding the
financial and mineral production opportunities to be provided
by the Secretary to TMC under subsection (b)(1), or, if within
3 months after TMC receives notice in accordance with
subsection (b)(4) of the fair market value determined by the
Secretary of the surface and mineral estate identified in the
maps referred to in subsection (d) TMC or the city of
Victorville, California, notifies the Secretary that it
disagrees with the Secretary's determination, the Secretary
shall refer the issues upon which TMC, or the city of
Victorville, California, and the Secretary are not in agreement
with respect to such an agreement or fair market value to the
United States Court of Federal Claims for resolution
(2) Resolution by court.--In any referral under this
subsection, the court shall--
(A) determine de novo the values described in
subsection (b) and (d), including the fair market
values of the surface and mineral estates as described
and delineated on the maps referred to in subsection
(d)(1); and
(B) determine and order the Secretary to provide
financial and mineral production opportunities
consistent with subparagraph (A), for purposes of
subsections (b)(1) and (d).

SEC. 5. LIMITATIONS ON FUTURE LEASING FOR LAND OR MINERAL ESTATE IN THE
VICTOR VALLEY AREA OF CALIFORNIA.

Notwithstanding anything in this Act to the contrary, prior to any
lease, transfer, or other disposition of land or any mineral or surface
estate for any area that is located in the city of Victorville,
California, the city of Victorville's sphere of influence, or the city
of Victorville's proposed sphere of influence, all as delineated on the
map entitled ''Cemex USA and City of Victorville, California Land
Disposal and Acquisition Agreement'' and on file with the Secretary,
the Secretary shall--
(1) consult with the city of Victorville, California, and
surface owners in that area; and
(2) prohibit mining in that area.
Soledad Canyon Mine Act - Instructs the Secretary of the Interior to cancel Bureau of Land Management mineral contracts CA-20139 and CA-22901 and withdraw from further mineral entry the areas subject to them, which are located in Soledad Canyon adjacent to Santa Clarita, California.

Requires Transit Mixed Concrete Corporation to receive, as compensation for cancellation of the contracts, their fair market value and its expenditures and covered liabilities in trying to bring the contracts into commercial production.

Increases the adjusted basis of the contracts upon cancellation for federal tax purposes.

Directs the Secretary, before any disposition of land, mineral or surface estate for any area located in the city of Victorville, California, to: (1) consult with the city and surface owners; and (2) prohibit mining in such area.

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
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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.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Biological Implant Tracking and
Veteran Safety Act of 2014''.

SEC. 2. IDENTIFICATION AND TRACKING OF BIOLOGICAL IMPLANTS USED IN
DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES.

(a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
''Sec. 7330B. Identification and tracking of biological implants
''(a) Standard Identification System for Biological Implants.--The
Secretary shall adopt the unique device identification system developed
for medical devices by the Food and Drug Administration pursuant to
section 519(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360i(f)), or implement a comparable standard identification system, for
use in identifying biological implants intended for use in medical
procedures conducted in medical facilities of the Department.
''(b) Biological Implant Tracking System.--(1) The Secretary shall
implement a system for tracking the biological implants referred to in
subsection (a) from donor to implantation. Such system shall be
compatible with the identification system adopted or implemented under
subsection (a).
''(2) The Secretary shall implement inventory controls compatible
with the tracking system implemented under paragraph (1) so that all
patients who have received, in a medical facility of the Department, a
biological implant subject to a recall by the Food and Drug
Administration can be notified of the recall, if based on the
evaluation of appropriate medical personnel of the Department of the
risks and benefits, the Secretary determines such notification is
appropriate.
''(c) Consistency With Food and Drug Administration Regulations.--
To the extent that a conflict arises between this section and a
provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.) or sections 351 or 361 of the Public Health Service Act (42
U.S.C. 262) (including any regulations issued under such Acts), the
provision the Federal Food, Drug, and Cosmetic Act or Public Health
Service Act (including any regulations issued under such Acts) shall
apply.
''(d) Definition of Biological Implant.--In this section, the term
'biological implant' means any human cell, tissue, or cellular or
tissue-based product--
''(1) under the meaning given the term 'human cells' in
section 1271.3 of title 21, Code of Federal Regulations, or any
successor regulation; or
''(2) that is regulated as a device under subpart A of part
801 of title 21, Code of Federal Regulations, or any successor
regulation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end of the items relating to
such subchapter the following new item:

''7330B. Identification and tracking of biological implants.''.
(c) Implementation Deadlines.--
(1) Standard identification system.--
(A) In general.--With respect to biological
implants described in paragraph (1) of subsection (d)
of section 7330B of title 38, United States Code, as
added by subsection (a), the Secretary of Veterans
Affairs shall adopt or implement a standard
identification system for biological implants, as
required by subsection (a) of such section, by not
later than the date that is 180 days after the date of
the enactment of this Act.
(B) Implants regulated as devices.--With respect to
biological implants described in paragraph (2) of
subsection (d) of such section, the Secretary of
Veterans Affairs shall adopt or implement such standard
identification system in compliance with the compliance
dates established by the Food and Drug Administration
pursuant to section 519(f) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360i(f)).
(2) Tracking system.--The Secretary of Veterans Affairs
shall implement the biological implant tracking system required
by subsection (b) of section 7330B, as added by subsection (a),
by not later than the date that is 180 days after the date of
the enactment of this Act.
(d) Reporting Requirement.--If the biological implant tracking
system required by subsection (b) of such section is not operational by
the date that is 180 days after the date of the enactment of this Act,
the Secretary of Veterans Affairs shall provide to the Committees on
Veterans' Affairs of the Senate and House of Representatives a written
explanation for each month until such time as the system is
operational. Each such explanation shall describe each impediment to
the implementation of the system, steps being taken to remediate each
such impediment, and target dates for a solution to each such
impediment.

SEC. 3. PROCUREMENT OF BIOLOGICAL IMPLANTS USED IN DEPARTMENT OF
VETERANS AFFAIRS MEDICAL FACILITIES.

(a) Procurement.--
(1) In general.--Subchapter II of chapter 81 of such title
is amended by adding at the end the following new section:
''Sec. 8129. Procurement of biological implants
''(a) In General.--(1) The Secretary may procure biological
implants only from vendors that meet the following conditions:
''(A) The vendor uses the standard identification system
adopted or implemented by the Secretary under section 7330B(a)
of this title and has safeguards to ensure that a production
identifier has been in place at each step of distribution of
each biological implant from its donor.
''(B) The vendor is registered with the Food and Drug
Administration under subpart B of part 1271 of title 21, Code
of Federal Regulations, or any successor regulation, and in the
case of a vendor that uses tissue distribution intermediaries,
the vendor uses only tissue distribution intermediaries that
are appropriately registered with the Food and Drug
Administration.
''(C) The vendor ensures that donor eligibility
determinations and such other records as the Secretary may
require accompany each biological implant at all times,
regardless of the country of origin of the donor of the
biological material.
''(D) The vendor consents to periodic inspections and
audits by the Department of Veterans Affairs regarding the
accuracy of records and the handling of products.
''(E) The vendor agrees to cooperate with all biological
implant recalls conducted on the vendor's own initiative, by
the request of the Food and Drug Administration, or by a
statutory order of the Food and Drug Administration.
''(F) The vendor agrees to provide to the Secretary any
adverse event report or warning letter of the Food and Drug
Administration issued to the vendor by not later than 30 days
after the vendor receives such report or warning letter.
''(G) The vendor agrees to retain all records associated
with the procurement of a biological implant by the Department
for at least five years after the date of the procurement of
the biological implant.
''(H) The vendor maintains active accreditation with the
American Association of Tissue Banks or a similar national
accreditation specific to biological implants.
''(2) The Secretary shall procure biological implants under the
Federal Supply Schedules of the General Services Administration, unless
such implants are not available under such Schedules. For biological
implants listed on the Federal Supply Schedules, the Secretary shall
accommodate reasonable vendor requests to undertake outreach efforts to
educate medical professionals of the Department about the use and
efficacy of such biological implants.
''(3) Section 8123 of this title shall not apply to the procurement
of biological implants.
''(4) In the case of biological implants that are unavailable for
procurement under the Federal Supply Schedules, the Secretary shall
procure such implants using competitive procedures in accordance with
applicable law and the Federal Acquisition Regulation.
''(b) Penalties.--In addition to any applicable penalty under any
other provision of law, any procurement employee of the Department who
is found responsible for a biological implant procurement transaction
with intent to avoid or with reckless disregard of the requirements of
this section shall be ineligible to hold a certificate of appointment
as a contracting officer or to serve as the representative of an
ordering officer, contracting officer, or purchase card holder.
''(c) Definitions.--In this section:
''(1) The term 'biological implant' shall have the meaning
given such term in section 7330B(d) of this title.
''(2) The term 'production identifier' means a distinct
identification code that--
''(A) relates a biological implant to the donor of
the implant and to all records pertaining to the
implant;
''(B) includes information designed to facilitate
effective tracking, using the distinct identification
code, from the donor to the recipient and from the
recipient to the donor; and
''(C) satisfies the requirements of subsection (c)
of section 1271.290 of title 21, Code of Federal
Regulations, or any successor regulation.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end of
the items relating to such subchapter the following new item:

''8129. Procurement of biological implants.''.
(b) Effective Date.--Section 8129 of title 38, United States Code,
as added by subsection (a), shall take effect on the date that is 180
days after the date on which the tracking system required under
subsection (b) of section 7330B of such title, as added by section 2(a)
is implemented.
(c) Special Rule for Cryopreserved Products.--During the three-year
period beginning on the effective date of section 8129 of title 38,
United States Code, as added by subsection (a), biological implants
produced and labeled before that date may be procured by the Department
of Veterans Affairs without relabeling under the standard
identification system adopted or implemented under section 7330B of
such title, as added by section 2(a).
Biological Implant Tracking and Veteran Safety Act of 2014 - Directs the Secretary of Veterans Affairs to: (1) adopt the unique device identification system developed for medical devices by the Food and Drug Administration (FDA), or implement a comparable standard identification system, for identifying biological implants intended for use in medical procedures conducted in Department of Veterans Affairs (VA) medical facilities; (2) implement a compatible system for tracking the implants from donor to implantation; and (3) implement inventory controls compatible with such tracking system so that all patients who have received, in a VA medical facility, a biological implant subject to a recall by the FDA can be notified of the recall. Authorizes the Secretary to procure biological implants only from vendors that meet specified conditions, including that the vendor uses the standard identification system, consents to periodic VA inspections and audits, is registered with the FDA, and maintains national accreditation specific to biological implants. Requires the Secretary to: (1) procure such implants under General Services Administration (GSA) Federal Supply Schedules, (2) accommodate reasonable vendor requests to undertake specified outreach efforts to educate VA medical professionals about the use and efficacy of implants that are listed on such Schedules, and (3) procure biological implants that are unavailable for procurement under such Schedules using competitive procedures in accordance with the Federal Acquisition Regulation. Makes any VA procurement employee found responsible for a biological implant procurement transaction with intent to avoid, or with reckless disregard of, the requirements of this Act ineligible to hold a certificate of appointment as a contracting officer or to serve as the representative of an ordering officer, contracting officer, or purchase card holder.