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Question: SECTION 1. SHORT TITLE.

This Act may be cited as the ''National Oceanic and Atmospheric
Administration Act of 2003''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Administration.--The term ''Administration'' means the
National Oceanic and Atmospheric Administration.
(2) Function.--The term ''function'' includes any duty,
obligation, power, authority, responsibility, right, privilege,
activity, or program.
(3) Office.--The term ''office'' includes any office,
institute, council, unit, organizational entity, or component
thereof.
(4) Secretary.--The term ''Secretary'' means the Secretary
of Commerce.
(5) Under secretary.--The term ''Under Secretary'' means
the Under Secretary of Commerce for Oceans and Atmosphere
appointed under section 102.

SEC. 3. ORGANIZATION OF ADMINISTRATION.

(a) In General.--There shall be in the Department of Commerce an
agency known as the National Oceanic and Atmospheric Administration.
(b) Primary Missions.--The primary missions of the Administration
are the following:
(1) The provision and certification of hydrographic and
geodetic products and data.
(2) The conservation and management of the Nation's coastal
and marine resources.
(3) The exploration of the oceans and the Great Lakes.
(4) To further human understanding of--
(A) the oceans and the Great Lakes;
(B) the earth's atmosphere; and
(C) the functional relationship of the oceans and
the atmosphere.
(5) Forecasting the Nation's weather and climate.
(c) Components.--The Secretary shall maintain within the
Administration the following components:
(1) The National Coast and Ocean Service.
(2) The National Oceanic and Atmospheric Research Service.
(3) The National Marine Fisheries Service.
(4) The National Weather Service.
(5) The National Environmental Satellite and Data
Information Service.
(6) The Office of Marine and Aviation Operations.
(7) Such other components as the Secretary considers
necessary.
(d) Functions.--The Administration shall perform such functions as
were vested in the Administration or any officer, employee, or office
of the Administration immediately before the enactment of this Act,
except as may be provided otherwise by law or by a redelegation of
authority after that date by the President, the Secretary of Commerce,
or any other officer of the United States who delegated such function
to the Administration before that date or who is otherwise authorized
to make such a redelegation.

SEC. 4. UNDER SECRETARY FOR OCEANS AND ATMOSPHERE.

(a) In General.--There shall be at the head of the Administration
the Under Secretary of Commerce for Oceans and Atmosphere. The Under
Secretary shall be appointed by the President, by and with the advice
and consent of the Senate. The Under Secretary shall be paid at the
rate of basic pay for level III of the Executive Schedule.
(b) Functions.--Subject to the authority, direction, and control of
the Secretary, the Under Secretary shall perform such functions and
exercise such powers with respect to the Administration as the
Secretary may prescribe, including the following:
(1) Serve as the Administrator of the National Oceanic and
Atmospheric Administration.
(2) General management.
(3) Policy development and guidance.
(4) Budget formulation, guidance, and execution, and other
financial matters.
(5) Resource requirements determination and allocation.
(6) Program management and direction.
(7) Environment, safety, and health operations.
(8) Administration of contracts, real property, and
facilities.
(9) Personnel, including the selection, appointment,
distribution, supervision, compensation, and separation of
personnel.
(10) Procurement of services of experts and consultants in
accordance with section 3109 of title 5, United States Code.
(11) External affairs, including legal, legislative, and
public affairs, and serving as liaison with other elements of
the Department of Commerce and with other Federal agencies,
State, tribal, and local governments, and the public.

SEC. 5. ASSISTANT SECRETARY FOR OCEANS AND ATMOSPHERE.

(a) In General.--There shall be in the Administration an Assistant
Secretary of Commerce for Oceans and Atmosphere. The Assistant
Secretary shall be appointed by the President, by and with the advice
and consent of the Senate. The Assistant Secretary shall be paid at the
rate of basic pay for level IV of the Executive Schedule.
(b) Functions.--The Assistant Secretary--
(1) shall perform such functions and exercise such powers
as the Secretary or Under Secretary may prescribe; and
(2) shall act as Under Secretary during the absence or
disability of the Under Secretary or in the event of a vacancy
in the office of Under Secretary.

SEC. 6. DEPUTY UNDER SECRETARY.

(a) In General.--There shall be in the Administration a Deputy
Under Secretary for Oceans and Atmosphere. The Deputy Under Secretary
shall be appointed by the Secretary. The position of Deputy Under
Secretary shall be a Senior Executive Service general position as
defined in section 3132(a)(9) of title 5, United States Code, (for
purposes of subchapter II of chapter 31 of title 5, United States
Code).
(b) Functions.--Subject to the authority, direction, and control of
the Secretary and the Under Secretary, the Deputy Under Secretary--
(1) shall serve as an advisor to the Under Secretary and to
the Assistant Secretary on all program and policy issues;
(2) shall be responsible for ensuring the timely and
effective implementation of the Administration policies and
objectives; and
(3) in the absence or disability of the Under Secretary or
Assistant Secretary, or in the event of a vacancy in either
such position, shall act in that position.

SEC. 7. GENERAL COUNSEL.

(a) In General.--There shall be in the Administration a General
Counsel. The General Counsel shall be appointed by the Secretary. The
position of General Counsel shall be a Senior Executive Service general
position as defined in section 3132(a)(9) of title 5, United States
Code, (for purposes of subchapter II of chapter 31 of title 5, United
States Code).
(b) Functions.--Subject to the authority, direction, and control of
the Secretary and the Under Secretary, the General Counsel--
(1) shall serve as the chief legal officer of the
Administration for all legal matters that arise in connection
with the conduct of the functions of the Administration; and
(2) shall perform such other functions and exercise such
powers as the Secretary or Under Secretary may prescribe.

SEC. 8. ASSISTANT ADMINISTRATORS.

(a) In General.--There shall be in the Administration the
following:
(1) An Assistant Administrator for Coastal and Ocean
Services.
(2) An Assistant Administrator for Oceanic and Atmospheric
Research.
(3) An Assistant Administrator for Fisheries.
(4) An Assistant Administrator for Weather.
(5) An Assistant Administrator for Environmental Satellite
Data and Information.
(6) An Assistant Administrator for Program Planning and
Integration.
(7) A Director of Marine and Aviation Operations and the
Commissioned Officer Corps.
(b) Appointment.--Each Assistant Administrator and the Director
referred to in subsection (a) shall be appointed by the Secretary. Each
Assistant Administrator position shall be a Senior Executive Service
general position as defined in section 3132(a)(9) of title 5, United
States Code (for purposes of subchapter II of chapter 31 of title 5,
United States Code).
(c) Qualifications.--Each Assistant Administrator and the Director
referred to in subsection (a) shall be an individual who is qualified
by reason of background and experience to direct the implementation and
administration of the functions for which they are responsible.
(d) Functions.--Each Assistant Administrator and the Director
referred to in subsection (a), under the authority, direction, and
control of the Under Secretary, shall perform such functions and
exercise such powers as the Under Secretary may prescribe.

SEC. 9. CONTINUATION OF SERVICE.

Any individual serving on the date of the enactment of this Act in
a position provided for in this Act may continue to serve in that
position until a successor is appointed under this Act.

SEC. 10. SCIENCE ADVISORY BOARD.

(a) In General.--There shall be in the Administration a Science
Advisory Board, which shall report to the Under Secretary.
(b) Purpose.--The purpose of the Science Advisory Board is to
advise the Under Secretary on long-range and short-range strategies for
research, education, and application of science to resource management
and environmental assessment and prediction.
(c) Members.--
(1) In general.--The Science Advisory Board shall consist
of members appointed by the Under Secretary to assure a
balanced representation among preeminent scientists, engineers,
educators, industry, and science policy experts reflecting the
full breadth of the Administration's areas of responsibility.
(2) Criteria for selection.--The Under Secretary shall
develop and apply standard criteria for the selection of
members of the Science Advisory Board. -
(3) Terms.--(A) Members of the Science Advisory Board shall
be appointed for a 3-year term, may be reappointed once, and
shall serve at the discretion of the Under Secretary.
(B) An individual serving a term as a member of the Science
Advisory Board on the date of enactment of this section may
complete that term, and may be reappointed once for another
term of 3 years.
(4) Compensation and expenses.--A member of the Science
Advisory Board shall not be compensated for service on such
board, but upon request by the member may be allowed travel
expenses, including per diem in lieu of subsistence, in
accordance with subchapter I of chapter 57 of title 5, United
States Code.
(5) Ethical standards.--Members of the Science Advisory
Board shall be subject to the ethical standards applicable to
special Government employees.
(d) Chairperson.--The Under Secretary shall designate one of the
members of the Science Advisory Board as the Chairperson of such board.
(e) Meetings.--The Science Advisory Board shall meet at least twice
each year, and at other times at the call of the Under Secretary or the
Chairperson.
(f) Administrative Support.--The Under Secretary shall provide
administrative support to the Science Advisory Board.

SEC. 11. GENERAL AUTHORITIES.

(a) Grants, Contracts, and Cooperative Agreements.--In carrying out
the programs and activities authorized for the Administration, the
Secretary--
(1) may enter into grants, contracts, or cooperative
agreements with Federal agencies, States, local governments,
regional agencies, interstate agencies, or other persons; and
(2) through the Administration, may apply for, accept, and
use grants or funds from such entities.
(b) Resource Sharing Agreements.--The Secretary, in carrying out
the functions of the Administration, and under terms and conditions
established by the Secretary--
(1) may enter into resource sharing agreements with States,
local governments, or Federal agencies to accept or provide for
funds and the use of personnel, services, equipment, or
facilities on a reimbursable, nonreimbursable, or shared basis;
and
(2) may enter into resource sharing agreements with other
Federal agencies to accept, or provide, personnel, services,
equipment, facilities, or funds, or participate in interagency
financing with other Federal agencies, to the extent necessary
to fulfill the objectives of programs or activities of the
Administration.
(c) Joint and Cooperative Institutes.--The Secretary may establish,
by cooperative agreement, joint or cooperative institutes with
qualified colleges, universities, and nonprofit research organizations
for the purpose of collaborating on mutually agreed-upon, long-term
research programs in the areas of oceanography, coastal ocean observing
technology, climate change, atmosphere, meteorology, marine, coastal
and estuarine environmental technology, fisheries, hydrography, and
marine spill response. The Secretary shall design such research
programs to support the authorized functions of the Administration. The
Secretary may accept or provide facilities, personnel, equipment, other
property, knowledge, and other scientific research resources and funds
on a reimbursable or nonreimbursable basis, as determined by the
Secretary, for such institutes.

SEC. 12. PROGRAM SUPPORT.

(a) Corporate Services.--There are authorized to be appropriated to
the Secretary of Commerce, to enable the National Oceanic and
Atmospheric Administration to provide corporate services (including
management, administrative support, and policy development) that
support its program activities, $95,000,000 for each of fiscal years
2004 through 2008.
(b) Marine Operations and Maintenance.--There are authorized to be
appropriated to the Secretary of Commerce, to enable the National
Oceanic and Atmospheric Administration to carry out marine services
activities (including ship operations, maintenance, support and
planning) under the Act of 1947 and any other law involving those
activities, $90,000,000 for each of fiscal years 2004 through 2008.
(c) Facilities.--In addition to amounts authorized under section 3
of Public Law 104-91, there are authorized to the Secretary of
Commerce, to enable the National Oceanic and Atmospheric Administration
to carry out activities related to maintenance, repair, safety,
environmental compliance, and project planning and execution of
facilities, $20,000,000 for each of fiscal years 2004 through 2008.

SEC. 13. NOAA FLEET REPLACEMENT AND MODERNIZATION.

(a) In General.--Section 603 of the NOAA Fleet Modernization Act
(33 U.S.C. 891a) is amended to read as follows:

''SEC. 603. FLEET REPLACEMENT AND MODERNIZATION PROGRAM.

''(a) In General.--The Secretary may implement a program to replace
and modernize the NOAA fleet in accordance with a plan submitted in
accordance with section 604.
''(b) NOAA Vessel Construction.--
''(1) Prohibition on foreign construction.--Except as
provided in paragraph (2), no NOAA vessel, and no major
component of the hull or superstructure of a NOAA vessel, may
be constructed in a foreign shipyard.
''(2) Exceptions.--The President may authorize an exception
to the prohibition in paragraph (1) if the President determines
that it is in the national security interest of the United
States to do so. The President shall transmit notice to the
Congress of any such determination. No contract may be made
pursuant to such an exception until the end of the 30-day
period beginning on the date the notice of such determination
is received by the Congress.''.
(b) Fleet Modernization Plan.--Section 604 of the NOAA Fleet
Modernization Act (33 U.S.C. 891b) is amended to read as follows:

''SEC. 604. FLEET MODERNIZATION PLAN.

''(a) In General.--No later than 30 days after the date of the
enactment of the National Oceanic and Atmospheric Administration Act of
2003, the Secretary shall submit to the Committee on Resources and the
Committee on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a modernization
plan for the NOAA fleet covering fiscal years 2004 through 2008.
''(b) Plan Elements.--The Plan required under subsection (a) shall
include the following:
''(1) The number of vessels proposed to be modernized or
replaced, the schedule for their modernization or replacement,
and anticipated funding requirements for such modernization and
replacement.
''(2) The number of vessels proposed to be constructed,
leased, or chartered.
''(3) The number of vessels, or days at sea, that can be
obtained by using the vessels of the UNOLS.
''(4) The number of vessels that will be made available to
NOAA by the Secretary of the Navy, or any other Federal
official, and the terms and conditions for their availability.
''(5) The proposed acquisition of modern scientific
instrumentation for the NOAA fleet, including--
''(A) acoustic systems;
''(B) data transmission positioning and
communications systems;
''(C) physical, chemical, and meteorological
oceanographic systems; and
''(D) data acquisition and processing systems.''.
(c) Use of UNOLS Vessels.--Section 605 of the NOAA Fleet
Modernization Act (33 U.S.C. 891c) is amended to read as follows:

''SEC. 605. USE OF VESSELS.

''In carrying out the primary missions of NOAA under section 3(b)
of the National Oceanic and Atmospheric Administration Act of 2003, the
Secretary--
''(1) shall use excess capacity of UNOLS vessels where
appropriate; and
''(2) may enter into memoranda of agreement with the
operators of those vessels to carry out the requirement under
paragraph (1).''.
(d) Repeals.--Sections 607, 608, 609 and 610 of the NOAA Fleet
Modernization Act (33 U.S.C. 891e-891h) are repealed.

SEC. 14. CONFORMING AMENDMENTS AND REPEALS.

(a) Pay Rate of Deputy Under Secretary.--Section 5315 of title 5,
United States Code, is amended by adding at the end the following:
''Deputy Under Secretary of Commerce for Oceans and
Atmosphere.''.
(b) Reorganization Plan Number 4 of 1970.--
(1) Repeal.--Reorganization Plan Number 4 of 1970 (5 App.
U.S.C.) is repealed.
(2) Relationship to administration functions.--Subparagraph
(A) shall not affect the functions of the Administration under
section 3(d) of this Act.
(3) Notice of reprogramming.--Section 403 of Public Law
102-567 (106 Stat. 4291) is amended by striking ''$250,000 or
5'' and inserting ''$500,000 or 10''.

Answer: National Oceanic and Atmospheric Administration Act of 2003 - Re-establishes the National Oceanic and Atmospheric Administration (NOAA) in the Department of Commerce, headed by the Under Secretary of Commerce for Oceans and Atmosphere who will serve as the Administrator of NOAA.Establishes within NOAA: (1) the National Coast (sic) and Ocean Service; (2) the National Oceanic and Atmospheric Research Service; (3) the National Marine Fisheries Service; (4) the National Weather Service; (5) the National Environmental Satellite and Data Information Service; (6) the Office of Marine and Aviation Operations; and (7) such other components as the Secretary considers necessary.Establishes within NOAA the positions of: (1) Assistant Secretary of Commerce for Oceans and Atmosphere; (2) Deputy Under Secretary for Oceans and Atmosphere; (3) General Counsel; and (4) Assistant Administrators for the Services and a Director of Marine and Aviation Operations and the Commissioned Officer Corps.Establishes within NOAA a Science Advisory Board.Authorizes the Secretary to: (1) enter into grants, contracts, or cooperative agreements with agencies, States, local governments, or other persons and apply for, accept, and use grants or funds from such entities; (2) enter into resource sharing agreements with States, local governments, or Federal agencies; and (3) establish joint or cooperative institutes with qualified entities.Amends the NOAA Fleet Modernization Act to authorize the Secretary to implement a program to replace and modernize the NOAA fleet. Requires the Secretary to submit to Congress a modernization plan for the NOAA fleet covering FY 2004 through 2008.

Question: 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
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Answer: 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.

Question: SECTION 1. UNDER SECRETARY FOR POLICY.

(a) Short Title.--This Act may be cited as the ''Homeland Security
Policy Act of 2005''.
(b) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended--
(1) by redesignating title VI and section 601 as title
XVIII and section 1801, respectively, and transferring that
title to the end of the Homeland Security Act of 2002; and
(2) by inserting after title V, the following:

''TITLE VI--UNDER SECRETARY FOR POLICY

''SEC. 601. UNDER SECRETARY FOR POLICY.

''(a) In General.--There shall be in the Department an Under
Secretary for Policy, who shall be appointed by the President, by and
with the advice and consent of the Senate.
''(b) Responsibilities.--Subject to the direction, authority, and
control of the Secretary, the responsibilities of the Under Secretary
for Policy shall be as follows:
''(1) Policy.--
''(A) To serve as the principal policy advisor to
the Secretary.
''(B) To provide overall direction and supervision
for policy development to programs, offices, and
activities of the Department.
''(C) To establish and direct a formal policymaking
process for the Department.
''(D) To analyze, evaluate, and review completed,
ongoing, and proposed programs, to ensure they are
compatible with the Secretary's priorities, strategic
plans, and policies.
''(2) Strategic planning.--
''(A) To conduct long-range, strategic planning for
the Department.
''(B) To prepare national and Department
strategies, as appropriate.
''(C) To conduct net assessments of issues facing
the Department.
''(D) To conduct reviews of the Department to
ensure the implementation of this paragraph.
''(3) International responsibilities.--
''(A) To promote informational and educational
exchange with nations friendly to the United States in
order to promote sharing of best practices and
technologies relating to homeland security, including--
''(i) the exchange of information on
research and development on homeland security
technologies;
''(ii) joint training exercises of first
responders; and
''(iii) exchanging expertise and
information on terrorism prevention, response,
and crisis management.
''(B) To identify areas for homeland security
informational and training exchange where the United
States has a demonstrated weakness and another friendly
nation or nations have a demonstrated expertise.
''(C) To plan and undertake international
conferences, exchange programs (including the exchange
of scientists, engineers, and other experts), and other
training activities.
''(D) To manage international activities within the
Department in coordination with other Federal officials
with responsibility for counterterrorism matters.
''(4) Private sector.--
''(A) To create and foster strategic communications
with the private sector to enhance the primary mission
of the Department to protect the American homeland.
''(B) To advise the Secretary on the impact of the
policies, regulations, processes, and actions of the
Department on the private sector.
''(C) To interface with other relevant Federal
agencies with homeland security missions to assess the
impact of the actions of such agencies on the private
sector.
''(D) To create and manage private sector advisory
councils composed of representatives of industries and
associations designated by the Secretary--
''(i) to advise the Secretary on private
sector products, applications, and solutions as
they relate to homeland security challenges;
and
''(ii) to advise the Secretary on homeland
security policies, regulations, processes, and
actions that affect the participating
industries and associations.
''(E) To work with Federal laboratories, federally
funded research and development centers, other
federally funded organizations, academia, and the
private sector to develop innovative approaches to
address homeland security challenges to produce and
deploy the best available technologies for homeland
security missions.
''(F) To promote existing public-private
partnerships and develop new public-private
partnerships to provide for collaboration and mutual
support to address homeland security challenges.
''(G) To assist in the development and promotion of
private sector best practices to secure critical
infrastructure.
''(H) To coordinate industry efforts, with respect
to functions of the Department, to identify private
sector resources and capabilities that could be
effective in supplementing Federal, State, and local
government agency efforts to prevent or respond to a
terrorist attack.
''(I) To coordinate among Department operating
entities and with the Assistant Secretary for Trade
Development of the Department of Commerce on issues
related to the travel and tourism industries.''.
(c) Technical and Conforming Amendments.--The Homeland Security Act
of 2002 (6 U.S.C. 101 et seq.) is amended--
(1) in section 103--
(A) by redesignating paragraphs (6) through (10) as
paragraphs (7) through (11), respectively; and
(B) by inserting after paragraph (5) the following:
''(6) An Under Secretary for Policy.'';
(2) by striking section 879;
(3) by redesignating sections 880 through 890 as sections
879 through 889, respectively; and
(4) in the table of contents--
(A) by redesignating the items relating to title VI
and section 601 as relating to title XVIII and section
1801, respectively, and transferring the items relating
to that title and section to the end of the table of
contents;
(B) by inserting before the item relating to title
VII the following:

''TITLE VI--UNDER SECRETARY FOR POLICY

''Sec. 601. Under Secretary for Policy.'';
(C) by striking the item relating to section 879;
and
(D) by redesignating the items relating to sections
880 through 890 as relating to sections 879 through
889, respectively.

Answer:
Homeland Security Policy Act of 2005 - Amends the Homeland Security Act to establish an Under Secretary for Policy in the Department of Homeland Security to serve as the principal policy advisor to the Secretary of Homeland Security.