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(2) ACQUISITION AND TRAINING.—Unless other-
wise prohibited by law, the Secretary may—
(A) lease, loan, provide, or otherwise assist
in the deployment of nonintrusive inspection and
handheld radiation detection equipment at for-
eign land and sea ports under such terms and
conditions as the Secretary prescribes, including
nonreimbursable loans or the transfer of owner-
ship of equipment; and
(B) provide training and technical assist-
ance for domestic or foreign personnel responsible
for operating or maintaining such equipment.
(b) ACTIONS AND ASSISTANCE FOR FOREIGN PORTS.—
Section 70110 of title 46, United States Code, is amended—
(1) by striking the section header and inserting
the following:
‘‘§ 70110. Actions and assistance for foreign ports’’
; and
(2) by adding at the end the following:
‘‘(e) ASSISTANCE FOR FOREIGN PORTS.—
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of Transportation, the Sec-
retary of State, and the Secretary of Energy, shall
identify foreign assistance programs that could facili-
tate implementation of port security antiterrorism
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measures in foreign countries. The Secretary shall es-
tablish a program to utilize the programs that are ca-
pable of implementing port security antiterrorism
measures at ports in foreign countries that the Sec-
retary finds, under section 70108, to lack effective
antiterrorism measures.
‘‘(2) CARIBBEAN BASIN.—The Secretary, in co-
ordination with the Secretary of State and in con-
sultation with the Organization of American States
and the Commandant of the Coast Guard, shall place
particular emphasis on utilizing programs to facili-
tate the implementation of port security antiterrorism
measures at the ports located in the Caribbean Basin,
as such ports pose unique security and safety threats
to the United States due to—
‘‘(A) the strategic location of such ports be-
tween South America and the United States;
‘‘(B) the relative openness of such ports; and
‘‘(C) the significant number of shipments of
narcotics to the United States that are moved
through such ports.’’.
(c) REPORT ON SECURITY AT PORTS IN THE CARIB-
BEAN BASIN.—
(1) IN GENERAL.—Not later than 180 days after
the date of the enactment of this Act, the Comptroller
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General of the United States shall submit a report to
the appropriate congressional committees on the secu-
rity of ports in the Caribbean Basin.
(2) CONTENTS.—The report submitted under
paragraph (1)—
(A) shall include—
(i) an assessment of the effectiveness of
the measures employed to improve security
at ports in the Caribbean Basin and rec-
ommendations for any additional measures
to improve such security;
(ii) an estimate of the number of ports
in the Caribbean Basin that will not be se-
cured by January 1, 2007;
(iii) an estimate of the financial im-
pact in the United States of any action
taken pursuant to section 70110 of title 46,
United States Code, that affects trade be-
tween such ports and the United States; and
(iv) an assessment of the additional re-
sources and program changes that are nec-
essary to maximize security at ports in the
Caribbean Basin; and
(B) may be submitted in both classified and
redacted formats.
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(d) CLERICAL AMENDMENT.—The chapter analysis for
chapter 701 of title 46, United States Code, is amended by
striking the item relating to section 70110 and inserting
the following:
‘‘70110. Actions and assistance for foreign ports.’’.
SEC. 233. SCREENING AND SCANNING OF CARGO CON-
TAINERS.
(a) 100 PERCENT SCREENING OF CARGO CONTAINERS
AND
100 PERCENT
SCANNING
OF
HIGH-RISK
CON-
TAINERS.—
(1) SCREENING
OF
CARGO
CONTAINERS.—The
Secretary shall ensure that 100 percent of the cargo
containers entering the United States through a sea-
port undergo a screening to identify high-risk con-
tainers.
(2) SCANNING OF HIGH-RISK CONTAINERS.—The
Secretary shall ensure that 100 percent of the con-
tainers that have been identified as high-risk are
scanned before such containers leave a United States
seaport facility.
(b) FULL-SCALE IMPLEMENTATION.—The Secretary,
in coordination with the Secretary of Energy and foreign
partners, shall fully deploy integrated scanning systems to
scan all containers entering the United States before such
containers arrive in the United States as soon as the Sec-
retary determines that the integrated scanning system—
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(1) meets the requirements set forth in section
231(c);
(2) has a sufficiently low false alarm rate for use
in the supply chain;
(3) is capable of being deployed and operated at
ports overseas;
(4) is capable of integrating, as necessary, with
existing systems;
(5) does not significantly impact trade capacity
and flow of cargo at foreign or United States ports;
and
(6) provides an automated notification of ques-
tionable or high-risk cargo as a trigger for further in-
spection by appropriately trained personnel.
(c) REPORT.—Not later than 6 months after the sub-
mission of a report under section 231(d), and every 6
months thereafter, the Secretary shall submit a report to
the appropriate congressional committees describing the sta-
tus of full-scale deployment under subsection (b) and the
cost of deploying the system at each foreign port.
SEC. 234. INTERNATIONAL SHIP AND PORT FACILITY SECU-
RITY CODE.
(a) FINDING.—Congress finds that the Coast Guard,
with existing resources, is able to inspect foreign countries
no more frequently than on a 4 to 5 year cycle.
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(b) IN GENERAL.—
(1) RESOURCES TO COMPLETE INITIAL INSPEC-
TIONS
AND
VALIDATION.—The Commandant of the
Coast Guard shall increase the resources dedicated to
the International Port Inspection Program and com-
plete inspection of all foreign countries that trade
with the United States, including the validation of
compliance of such countries with the International
Ship and Port Facility Security Code, not later than
December 31, 2008. If the Commandant of the Coast
Guard is unable to meet this objective, the Com-
mandant of the Coast Guard shall report to Congress
on the resources needed to meet the objective.
(2) REINSPECTION AND VALIDATION.—The Com-
mandant of the Coast Guard shall maintain the per-
sonnel and resources necessary to maintain a schedule
of re-inspection of foreign countries every 2 years
under the International Port Inspection Program.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Coast Guard such sums
as are necessary to carry out the provisions of this section,
subject to the availability of appropriations.
SEC. 235. CARGO SCREENING.
(a) RADIATION RISK REDUCTION.—
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(1) SAFETY
PROTOCOLS.—Immediately upon
passage of this Act, the Secretary, in consultation
with the Secretary of Labor and the Director of the
National Institute of Occupational Safety and Health
at the Centers for Disease Control, shall develop and
implement protocols to protect the safety of port work-
ers and the general public.
(2) 
PUBLICATION.—The 
protocols 
developed
under paragraph (1) shall be—
(A) published and made available for public
comment; and
(B) designed to reduce the short- and long-
term exposure of worker and the public to the
lowest levels feasible.
(3) REPORT.—Not later than 1 year after the
implementation of protocols under paragraph (1), the
Council of the National Academy of Sciences and Di-
rector of the National Institute of Occupational Safe-
ty and Health shall each submit a report to Congress
that includes—
(A) information regarding the exposure of
workers and the public and the possible risk to
their health and safety, if any, posed by these
screening procedures; and
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(B) any recommendations for modification
of the cargo screening protocols to reduce expo-
sure to ionizing or non-ionizing radiation to the
lowest levels feasible.
(b) GOVERNMENT RESPONSIBILITY.—Any employer of
an employee who has an illness or injury for which exposure
to ionizing or non-ionizing radiation from port cargo
screening procedures required under Federal law is a con-
tributing cause may seek, and shall receive, full reimburse-
ment from the Federal Government for additional costs as-
sociated with such illness or injury, including costs in-
curred by the employer under the Longshore and Harbor
Workers’ Compensation Act (33 U.S.C. 901 et seq.), State
workers’ compensation laws, or other equivalent programs.
TITLE III—ADMINISTRATION
SEC. 301. OFFICE OF CARGO SECURITY POLICY.
(a) ESTABLISHMENT.—Subtitle C of title IV of the
Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is
amended by adding at the end the following:
‘‘SEC. 431. OFFICE OF CARGO SECURITY POLICY.
‘‘(a) ESTABLISHMENT.—There is established within
the Department an Office of Cargo Security Policy (referred
to in this section as the ‘Office’).
‘‘(b) PURPOSE.—The Office shall—
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‘‘(1) coordinate all Department policies relating
to cargo security; and
‘‘(2) consult with stakeholders and coordinate
with other Federal agencies in the establishment of
standards and regulations and to promote best prac-
tices.
‘‘(c) DIRECTOR.—
‘‘(1) APPOINTMENT.—The Office shall be headed
by a Director, who shall—
‘‘(A) be appointed by the Secretary; and
‘‘(B) report to the Assistant Secretary for
Policy.
‘‘(2) RESPONSIBILITIES.—The Director shall—
‘‘(A) advise the Assistant Secretary for Pol-
icy in the development of Department-wide poli-
cies regarding cargo security;
‘‘(B) coordinate all policies relating to
cargo security among the agencies and offices
within the Department relating to cargo secu-
rity; and
‘‘(C) coordinate the cargo security policies
of the Department with the policies of other exec-
utive agencies.’’.
(b) DESIGNATION OF LIAISON OFFICE OF DEPART-
MENT OF STATE.—The Secretary of State shall designate
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a liaison office within the Department of State to assist
the Secretary, as appropriate, in negotiating cargo security
related international agreements.
(c) CLERICAL AMENDMENT.—The table of contents of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.)
is amended by inserting after the item relating to section
430 the following:
‘‘Sec. 431. Office of cargo security policy.’’.
SEC. 302. REAUTHORIZATION OF HOMELAND SECURITY
SCIENCE AND TECHNOLOGY ADVISORY COM-
MITTEE.
(a) IN GENERAL.—Section 311(j) of the Homeland Se-
curity Act of 2002 (6 U.S.C. 191(j)) is amended by striking
‘‘3 years after the effective date of this Act’’ and inserting
‘‘on December 31, 2008’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall be effective as if enacted on the date of
the enactment of the Homeland Security Act of 2002 (6
U.S.C. 101 et seq.).
(c) ADVISORY COMMITTEE.—The Assistant Secretary
for Science and Technology shall utilize the Homeland Se-
curity Science and Technology Advisory Committee, as ap-
propriate, to provide outside expertise in advancing cargo
security technology.
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SEC. 303. RESEARCH, DEVELOPMENT, TEST, AND EVALUA-
TION EFFORTS IN FURTHERANCE OF MARI-
TIME AND CARGO SECURITY.
(a) IN GENERAL.—The Secretary shall—
(1) direct research, development, test, and eval-
uation efforts in furtherance of maritime and cargo
security;
(2) coordinate with public and private sector en-
tities to develop and test technologies and process in-
novations in furtherance of these objectives; and
(3) evaluate such technologies.
(b) COORDINATION.—The Secretary, in coordination
with the Under Secretary for Science and Technology, the
Assistant Secretary for Policy, the Chief Financial Officer,
and the heads of other appropriate offices or entities of the
Department, shall ensure that—
(1) research, development, test, and evaluation
efforts funded by the Department in furtherance of
maritime and cargo security are coordinated within
the Department and with other appropriate Federal
agencies to avoid duplication of efforts; and
(2) the results of such efforts are shared through-
out the Department and with other Federal, State,
and local agencies, as appropriate.
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SEC. 304. COBRA FEES.
(a) EXTENSION OF FEES.—Subparagraphs (A) and
(B)(i) of section 13031(j)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A)
and (B)(i)) are amended by striking ‘‘2014’’ each place it
appears and inserting ‘‘2015’’.
SEC. 305. ESTABLISHMENT OF COMPETITIVE RESEARCH
PROGRAM.
(a) IN GENERAL.—Title III of the Homeland Security
Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding
at the end the following:
‘‘SEC. 314. COMPETITIVE RESEARCH PROGRAM.
‘‘(a) IN GENERAL.—
‘‘(1) ESTABLISHMENT.—The Secretary, acting
through the Under Secretary for Science and Tech-
nology, shall establish a competitive research program
within the Directorate.
‘‘(2) DIRECTOR.—The program shall be headed
by a Director, who shall be appointed by the Sec-
retary. The Director shall report to the Under Sec-
retary.
‘‘(3) DUTIES OF DIRECTOR.—In the administra-
tion of the program, the Director shall—
‘‘(A) establish a cofunding mechanism for
States with academic facilities that have not
fully developed security-related science and tech-
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nology to support burgeoning research efforts by
the faculty or link them to established investiga-
tors;
‘‘(B) provide for conferences, workshops,
outreach, and technical assistance to researchers
and institutions of higher education in States on
topics related to developing science and tech-
nology expertise in areas of high interest and rel-
evance to the Department;
‘‘(C) monitor the efforts of States to develop
programs that support the Department’s mis-
sion;
‘‘(D) implement a merit review program,
consistent with program objectives, to ensure the
quality of research conducted with Program
funding; and
‘‘(E) provide annual reports on the progress
and achievements of the Program to the Sec-
retary.
‘‘(b) ASSISTANCE UNDER THE PROGRAM.—
‘‘(1) SCOPE.—The Director shall provide assist-
ance under the program for research and development
projects that are related to, or qualify as, homeland
security research (as defined in section 307(a)(2))
under the program.
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‘‘(2) FORM
OF
ASSISTANCE.—Assistance under
the program can take the form of grants, contracts, or
cooperative arrangements.
‘‘(3) APPLICATIONS.—Applicants shall submit
proposals or applications in such form, at such times,
and containing such information as the Director may
require.
‘‘(c) IMPLEMENTATION.—
‘‘(1) START-UP PHASES.—For the first 3 fiscal
years beginning after the date of enactment of the
Border Infrastructure and Technology Integration Act
of 2004, assistance under the program shall be limited
to institutions of higher education located in States
in which an institution of higher education with a
grant from, or a contract or cooperative agreement
with, the National Science Foundation under section
113 of the National Science Foundation Act of 1988
(42 U.S.C. 1862) is located.
‘‘(2) SUBSEQUENT FISCAL YEARS.—
‘‘(A) IN GENERAL.—Beginning with the 4th
fiscal year after the date of enactment of this
Act, the Director shall rank order the States (ex-
cluding any noncontiguous State (as defined in
section 2(14)) other than Alaska, Hawaii, the
Commonwealth of Puerto Rico, and the Virgin
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Islands) in descending order in terms of the av-
erage amount of funds received by institutions of
higher education (as that term is defined in sec-
tion 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)) in each State that received
financial assistance in the form of grants, con-
tracts, or cooperative arrangements under this
title during each of the preceding 3 fiscal years.
‘‘(B) ALLOCATION.—Beginning with the 4th
fiscal year after the date of enactment of this
Act, assistance under the program for any fiscal
year is limited to institutions of higher edu-
cation located in States in the lowest third of
those ranked under subparagraph (A) for that
fiscal year.
‘‘(C) DETERMINATION
OF
LOCATION.—For
purposes of this paragraph, an institution of
higher education shall be considered to be located
in the State in which its home campus is lo-
cated, except that assistance provided under the
program to a division, institute, or other facility
located in another State for use in that State
shall be considered to have been provided to an
institution of higher education located in that
other State.
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‘‘(D) MULTIYEAR
ASSISTANCE.—For pur-
poses of this paragraph, assistance under the
program that is provided on a multi-year basis
shall be counted as provided in each such year
in the amount so provided for that year.
‘‘(d) FUNDING.—The Secretary shall ensure, subject to
the availability of appropriations, that up to 5 percent of
the amount appropriated for each fiscal year to the Accel-
eration Fund for Research and Development of Homeland
Security Technologies established by section 307(c)(1) is al-
located to the program established by subsection (a).
‘‘(e) REPORT.—The Secretary shall submit an annual
report to the appropriate congressional committees detail-
ing the funds expended for the Acceleration Fund for Re-
search and Development of Homeland Security Technologies
established by section 307(c)(1).’’.
(b) CONFORMING AMENDMENT.—The table of contents
of the Homeland Security Act of 2002 is amended by insert-
ing after the item relating to section 313 the following:
‘‘Sec. 314. Competitive research program.’’.
TITLE IV—AGENCY RESOURCES
AND OVERSIGHT
SEC. 401. OFFICE OF INTERNATIONAL TRADE.
Section 2 of the Act of March 3, 1927 (44 Stat. 1381,
chapter 348; 19 U.S.C. 2072), is amended by adding at the
end the following:
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‘‘(d) OFFICE OF INTERNATIONAL TRADE.—
‘‘(1) 
ESTABLISHMENT.—There 
is 
established
within the United States Customs and Border Protec-
tion an Office of International Trade that shall be
headed by an Assistant Commissioner.
‘‘(2) TRANSFER
OF
ASSETS, FUNCTIONS, AND
PERSONNEL; ELIMINATION OF OFFICES.—
‘‘(A) OFFICE OF STRATEGIC TRADE.—Not
later than 90 days after the date of the enact-
ment of the Port Security Improvement Act of
2006, the Commissioner shall transfer the assets,
functions, and personnel of the Office of Stra-
tegic Trade to the Office of International Trade
established pursuant to paragraph (1) and the
Office of Strategic Trade shall be abolished.
‘‘(B) OFFICE OF REGULATIONS AND RUL-
INGS.—Not later than 90 days after the date of
the enactment of the Port Security Improvement
Act of 2006, the Commissioner shall transfer the
assets, functions, and personnel of the Office of
Regulations and Rulings to the Office of Inter-
national Trade established pursuant to para-
graph (1) and the Office of Regulations and Rul-
ings shall be abolished.
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‘‘(C) OTHER
TRANSFERS.—The Commis-
sioner is authorized to transfer any other assets,
functions, or personnel within the United States
Customs and Border Protection to the Office of
International Trade established pursuant to
paragraph (1). Not later than 30 days after each
such transfer, the Commissioner shall notify the
Committee on Appropriations, the Committee on
Finance, and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate and
the Committee on Appropriations, the Committee
on Homeland Security, and the Committee on
Ways and Means of the House of Representatives
of the specific assets, functions, or personnel, that
were transferred, and the reason for such trans-
fer.
‘‘(e) INTERNATIONAL TRADE POLICY COMMITTEE.—
‘‘(1) ESTABLISHMENT.—The Commissioner shall
establish an International Trade Policy Committee, to
be chaired by the Commissioner, and to include the
Deputy Commissioner, the Assistant Commissioner in
the Office of Field Operations, the Assistant Commis-
sioner in the Office of International Affairs, the As-
sistant Commissioner in the Office of International
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Trade, and the Director of the Office of Trade Rela-
tions.
‘‘(2) 
RESPONSIBILITIES.—The 
International
Trade Policy Committee shall—
‘‘(A) be responsible for advising the Com-
missioner with respect to the commercial customs
and trade facilitation functions of the United
States Customs and Border Protection; and
‘‘(B) assist the Commissioner in coordi-
nating with the Assistant Secretary for Policy
regarding commercial customs and trade facili-
tation functions.
‘‘(3) ANNUAL REPORT.—Not later than 30 days
after the end of each fiscal year, the International
Trade Policy Committee shall submit a report to the
Committee on Finance of the Senate and the Com-
mittee on Ways and Means of the House of Represent-
atives. The report shall—
‘‘(A) detail the activities of the Inter-
national Trade Policy Committee during the
preceding fiscal year; and
‘‘(B) identify the priorities of the Inter-
national Trade Policy Committee for the fiscal
year in which the report is filed.
‘‘(f) INTERNATIONAL TRADE FINANCE COMMITTEE.—
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‘‘(1) ESTABLISHMENT.—The Commissioner shall
establish an International Trade Finance Committee,
to be chaired by the Commissioner, and to include the
Deputy Commissioner, the Assistant Commissioner in
the Office of Finance, the Assistant Commissioner in
the Office of International Trade, and the Director of
the Office of Trade Relations.
‘‘(2) RESPONSIBILITIES.—The Trade Finance
Committee shall be responsible for overseeing the oper-
ation of all programs and systems that are involved
in the assessment and collection of duties, bonds, and
other charges or penalties associated with the entry of
cargo into the United States, or the export of cargo
from the United States, including the administration
of duty drawback and the collection of antidumping
and countervailing duties.
‘‘(3) ANNUAL REPORT.—Not later than 30 days
after the end of each fiscal year, the Trade Finance
Committee shall submit a report to the Committee on
Finance of the Senate and the Committee on Ways
and Means of the House of Representatives. The re-
port shall—
‘‘(A) detail the activities and findings of the
Trade Finance Committee during the preceding
fiscal year; and
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‘‘(B) identify the priorities of the Trade Fi-
nance Committee for the fiscal year in which the
report is filed.
‘‘(g) DEFINITION.—In this section, the term ‘Commis-
sioner’ means the Commissioner responsible for the United
States Customs and Border Protection in the Department
of Homeland Security.’’.
SEC. 402. RESOURCES.
Section 301 of the Customs Procedural Reform and
Simplification Act of 1978 (19 U.S.C. 2075) is amended
by adding at the end the following:
‘‘(h) RESOURCE ALLOCATION MODEL.—
‘‘(1) RESOURCE ALLOCATION MODEL.—Not later
than June 30, 2007, and every 2 years thereafter, the
Commissioner shall prepare and submit to the Com-
mittee on Finance of the Senate and the Committee
on Ways and Means of the House of Representatives
a Resource Allocation Model to determine the optimal
staffing levels required to carry out the commercial
operations of United States Customs and Border Pro-
tection, including commercial inspection and release
of cargo and the revenue functions described in sec-
tion 412(b)(2) of the Homeland Security Act of 2002
(6 U.S.C. 212(b)(2)). The model shall comply with the
requirements of section 412(b)(1) of such Act and
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shall take into account previous staffing models and
historic and projected trade volumes and trends. The
Resource Allocation Model shall apply both risk-based
and random sampling approaches for determining
adequate staffing needs for priority trade functions,
including—
‘‘(A) performing revenue functions;
‘‘(B) enforcing antidumping and counter-
vailing laws;
‘‘(C) protecting intellectual property rights;
‘‘(D) enforcing provisions of law relating to
trade in textiles and apparel;
‘‘(E) conducting agricultural inspections;
‘‘(F) enforcing fines, penalties and forfeit-
ures; and
‘‘(G) facilitating trade.
‘‘(2) PERSONNEL.—
‘‘(A) IN
GENERAL.—Not later than Sep-
tember 30, 2007, the Commissioner shall ensure
that the requirements of section 412(b) of the
Homeland Security Act of 2002 (6 U.S.C.
212(b)) are fully satisfied and shall report to the
Committee on Finance of the Senate and the
Committee on Ways and Means of the House of
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Representatives regarding the implementation of
this subparagraph.
‘‘(B) CUSTOMS AND BORDER PROTECTION
OFFICERS.—The 
initial 
Resource 
Allocation
Model required pursuant to paragraph (1) shall
provide for the hiring of a minimum of 1000 ad-
ditional Customs and Border Protection Officers.
The Commissioner shall hire such additional of-
ficers, subject to the appropriation of funds to
pay for the salaries and expenses of such officers,
of which the Commissioner shall assign—
‘‘(i) 1 additional officer at each port of
entry in the United States; and
‘‘(ii) the balance of the additional offi-
cers authorized by this subsection among
ports of entry in the United States.
‘‘(C) ASSIGNMENT.—In assigning such offi-
cers pursuant to subparagraph (B), the Commis-
sioner shall consider the volume of trade and the
incidence of nonvoluntarily disclosed customs
and trade law violations in addition to security
priorities among such ports of entry.
‘‘(D) REDISTRIBUTION.—Not later than
September 30, 2008, the Director of Field Oper-
ations in each Field Office may, at the request
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of the Director of a Service Port reporting to
such Field Office, direct the redistribution of the
additional personnel provided for pursuant to
subparagraph (B) among the ports of entry re-
porting to such Field Office. The Commissioner
shall promptly report any redistribution of per-
sonnel pursuant to subparagraph (B) to the
Committee on Homeland Security and Govern-
mental Affairs and Committee on Finance of the
Senate, and the Committee on Homeland Secu-
rity and Committee on Ways and Means of the
House of Representatives.
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—In
addition to any monies hereafter appropriated to
United States Customs and Border Protection in the
Department of Homeland Security, there are author-
ized to be appropriated for the purpose of meeting the
requirements of paragraph (2)(B), to remain avail-
able until expended—
‘‘(A) $130,000,000 for fiscal year 2008.
‘‘(B) $239,200,000 for fiscal year 2009.
‘‘(C) $248,800,000 for fiscal year 2010.
‘‘(D) $258,700,000 for fiscal year 2011.
‘‘(E) $269,000,000 for fiscal year 2012.
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‘‘(4) REPORT.—Not later than 30 days after the
end of each fiscal year, the Commissioner shall report
to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Rep-
resentatives on the resources directed to commercial
and trade facilitation functions within the Office of
Field Operations for the preceding fiscal year. Such
information shall be reported for each category of per-
sonnel within the Office of Field Operations.
‘‘(5) 
REGULATIONS
TO
IMPLEMENT
TRADE
AGREEMENTS.—Not later than 30 days after the date
of the enactment of the Port Security Improvement
Act of 2006, the Commissioner shall designate and
maintain not less than 5 attorneys within the Office
of International Trade established pursuant to section
2 of the Act of March 3, 1927 (44 Stat. 1381, chapter
348; 19 U.S.C. 2072) with primary responsibility for
the prompt development and promulgation of regula-
tions necessary to implement any trade agreement en-
tered into by the United States.
‘‘(6) DEFINITION.—As used in this subsection,
the term ‘Commissioner’ means the Commissioner re-
sponsible for United States Customs and Border Pro-
tection in the Department of Homeland Security.’’.
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SEC. 403. NEGOTIATIONS.
Section 629 of the Tariff Act of 1930 (19 U.S.C. 1629)
is amended by adding at the end the following:
‘‘(h) CUSTOMS PROCEDURES AND COMMITMENTS.—
‘‘(1) IN GENERAL.—The Secretary of Homeland
Security, the United States Trade Representative, and
other appropriate Federal officials, shall work through
appropriate international organizations including the
World Customs Organization (WCO), the World
Trade Organization (WTO), the International Mari-
time Organization, and the Asia-Pacific Economic
Cooperation, to align, to the extent practicable, cus-
toms procedures, standards, requirements, and com-
mitments in order to facilitate the efficient flow of
international trade.
‘‘(2) UNITED
STATES
TRADE
REPRESENTA-
TIVE.—
‘‘(A) IN
GENERAL.—The United States
Trade Representative shall seek commitments in
negotiations in the WTO regarding the articles of
GATT 1994 that are described in subparagraph
(B) that make progress in achieving—
‘‘(i) harmonization of import and ex-
port data collected by WTO members for
customs purposes, to the extent practicable;
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‘‘(ii) enhanced procedural fairness and
transparency with respect to the regulation
of imports and exports by WTO members;
‘‘(iii) transparent standards for the ef-
ficient release of cargo by WTO members, to
the extent practicable; and
‘‘(iv) the protection of confidential
commercial data.
‘‘(B) ARTICLES
DESCRIBED.—The articles
of the GATT 1994 described in this subpara-
graph are the following:
‘‘(i) Article V (relating to transit).
‘‘(ii) Article VIII (relating to fees and
formalities associated with importation and
exportation).
‘‘(iii) Article X (relating to publication
and administration of trade regulations).
‘‘(C) GATT 1994.—The term ‘GATT 1994’
means the General Agreement on Tariff and
Trade annexed to the WTO Agreement.
‘‘(3) CUSTOMS.—The Secretary of Homeland Se-
curity, acting through the Commissioner and in con-
sultation with the United States Trade Representa-
tive, shall work with the WCO to facilitate the effi-
cient flow of international trade, taking into account
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existing international agreements and the negotiating
objectives of the WTO. The Commissioner shall work
to—
‘‘(A) harmonize, to the extent practicable,
import data collected by WCO members for cus-
toms purposes;
‘‘(B) automate and harmonize, to the extent
practicable, the collection and storage of commer-
cial data by WCO members;
‘‘(C) develop, to the extent practicable,
transparent standards for the release of cargo by
WCO members;
‘‘(D) develop and harmonize, to the extent
practicable, standards, technologies, and proto-
cols for physical or nonintrusive examinations
that will facilitate the efficient flow of inter-
national trade; and
‘‘(E) ensure the protection of confidential
commercial data.
‘‘(4) DEFINITION.—In this subsection, the term
‘Commissioner’ means the Commissioner responsible
for the United States Customs and Border Protection
in the Department of Homeland Security.’’.
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SEC. 404. INTERNATIONAL TRADE DATA SYSTEM.
Section 411 of the Tariff Act of 1930 (19 U.S.C. 1411)
is amended by adding at the end the following:
‘‘(d) INTERNATIONAL TRADE DATA SYSTEM.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) IN
GENERAL.—The Secretary of the
Treasury (in this section, referred to as the ‘Sec-
retary’) shall oversee the establishment of an elec-
tronic trade data interchange system to be
known as the ‘International Trade Data System’
(ITDS). The ITDS shall be implemented not
later than the date that the Automated Commer-
cial Environment (commonly referred to as
‘ACE’) is implemented.
‘‘(B) PURPOSE.—The purpose of the ITDS
is to eliminate redundant information require-
ments, to efficiently regulate the flow of com-
merce, and to effectively enforce laws and regula-
tions relating to international trade, by estab-
lishing a single portal system, operated by the
United States Customs and Border Protection,
for the collection and distribution of standard
electronic import and export data required by all
participating Federal agencies.
‘‘(C) PARTICIPATION.—
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‘‘(i) IN GENERAL.—All Federal agen-
cies that require documentation for clearing
or licensing the importation and expor-
tation of cargo shall participate in the
ITDS.
‘‘(ii) WAIVER.—The Director of the Of-
fice of Management and Budget may waive,
in whole or in part, the requirement for
participation for any Federal agency based
on the national security interests of the
United States.
‘‘(D) CONSULTATION.—The Secretary shall
consult with and assist agencies in the transition
from paper to electronic format for the submis-
sion, issuance, and storage of documents relating
to data required to enter cargo into the United
States.
‘‘(2) DATA ELEMENTS.—
‘‘(A) IN GENERAL.—The Interagency Steer-
ing Committee (established under paragraph (3))
shall, in consultation with the agencies partici-
pating in the ITDS, define the standard set of
data elements to be collected, stored, and shared
in the ITDS. The Interagency Steering Com-
mittee shall periodically review the data elements
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in order to update the standard set of data ele-
ments, as necessary.
‘‘(B) COMMITMENTS
AND
OBLIGATIONS.—
The Interagency Steering Committee shall ensure
that the ITDS data requirements are compatible
with the commitments and obligations of the
United States as a member of the World Customs
Organization (WCO) and the World Trade Orga-
nization (WTO) for the entry and movement of
cargo.
‘‘(C) COORDINATION.—The Secretary shall
be responsible for coordinating operation of the
ITDS among the participating agencies and the
office within the United States Customs and
Border Protection that is responsible for main-
taining the ITDS.
‘‘(3) INTERAGENCY
STEERING
COMMITTEE.—
There is established an Interagency Steering Com-
mittee (in this section, referred to as the ‘Committee’).
The members of the Committee shall include the Sec-
retary (who shall serve as the chairperson of the Com-
mittee), the Director of the Office of Management and
Budget, and the head of each agency participating in
the ITDS. The Committee shall assist the Secretary in
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overseeing the implementation of, and participation
in, the ITDS.
‘‘(4) REPORT.—The Committee shall submit a
report before the end of each fiscal year to the Com-
mittee on Finance of the Senate and the Committee
on Ways and Means of the House of Representatives.
Each report shall include information on—
‘‘(A) the status of the ITDS implementa-
tion;
‘‘(B) the extent of participation in the
ITDS by Federal agencies;
‘‘(C) the remaining barriers to any agency’s
participation;
‘‘(D) the consistency of the ITDS with ap-
plicable standards established by the World Cus-
toms Organization and the World Trade Organi-
zation;
‘‘(E) recommendations for technological and
other improvements to the ITDS; and
‘‘(F) the status of the development, imple-
mentation, and management of the Automated
Commercial Environment within the United
States Customs and Border Protection.’’.
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SEC. 405. IN-BOND CARGO.
Title IV of the Tariff Act of 1930 is amended by insert-
ing after section 553 the following:
‘‘SEC. 553A. REPORT ON IN-BOND CARGO.
‘‘(a) REPORT.—Not later than June 30, 2007, the
Commissioner shall submit a report to the Committees on
Commerce, Science, and Transportation, Finance, and
Homeland Security and Governmental Affairs of the Senate
and the Committees on Homeland Security, Transportation
and Infrastructure, and Ways and Means of the House of
Representatives that includes—
‘‘(1) a plan for closing in-bond entries at the
port of arrival;
‘‘(2) an assessment of the personnel required to
ensure 100 percent reconciliation of in-bond entries
between the port of arrival and the port of destination
or exportation;
‘‘(3) an assessment of the status of investigations
of overdue in-bond shipments and an evaluation of
the resources required to ensure adequate investiga-
tion of overdue in-bond shipments;
‘‘(4) a plan for tracking in-bond cargo within
the Automated Commercial Environment (ACE);
‘‘(5) an assessment of whether any particular
technologies should be required in the transport of in-
bond cargo;
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‘‘(6) an assessment of whether ports of arrival
should require any additional information regarding
shipments of in-bond cargo;
‘‘(7) an evaluation of the criteria for targeting
and examining in-bond cargo; and
‘‘(8) an assessment of the feasibility of reducing
the transit time for in-bond shipments, including an
assessment of the impact of such a change on domestic
and international trade.
‘‘(b) DEFINITION.—The term ‘Commissioner’ means
the Commissioner responsible for the United States Customs
and Border Protection in the Department of Homeland Se-
curity.’’.
SEC. 406. SENSE OF THE SENATE.
It is the sense of the Senate that nothing in sections
2, 106, 111 through 113, and 201 through 232 of this Act
shall be construed to affect the jurisdiction of any Standing
Committee of the Senate.
SEC. 407. FOREIGN OWNERSHIP OF PORTS.
(a) IN GENERAL.—On and after the date of the enact-
ment of this Act, the United States Trade Representative
may not negotiate any bilateral or multilateral trade agree-
ment that limits the Congress in its ability to restrict the
operations or ownership of United States ports by a foreign
country or person.
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(b) OPERATIONS AND OWNERSHIP.—For purposes of
this section, the term ‘‘operations and ownership’’
includes—
(1) operating and maintaining docks;
(2) loading and unloading vessels directly to or
from land;
(3) handling marine cargo;
(4) operating and maintaining piers;
(5) ship cleaning;
(6) stevedoring;
(7) transferring cargo between vessels and trucks,
trains, pipelines, and wharves; and
(8) waterfront terminal operations.
TITLE V—RAIL SECURITY ACT OF
2006
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Rail Security Act of
2006’’.
SEC. 502. RAIL TRANSPORTATION SECURITY RISK ASSESS-
MENT.
(a) IN GENERAL.—
(1) VULNERABILITY
ASSESSMENT.—The Under
Secretary of Homeland Security for Border and
Transportation Security (referred to in this title as
the ‘‘Under Secretary’’), in consultation with the Sec-
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retary of Transportation, shall conduct a vulner-
ability assessment of freight and passenger rail trans-
portation (encompassing railroads, as that term is de-
fined in section 20102(1) of title 49, United States
Code), which shall include—
(A) identification and evaluation of critical
assets and infrastructures;
(B) identification of threats to those assets
and infrastructures;
(C) identification of vulnerabilities that are
specific to the transportation of hazardous mate-
rials via railroad; and
(D) identification of security weaknesses in
passenger and cargo security, transportation in-
frastructure, protection systems, procedural poli-
cies, communications systems, employee training,
emergency response planning, and any other
area identified by the assessment.
(2) EXISTING PRIVATE AND PUBLIC SECTOR EF-
FORTS.—The assessment conducted under this sub-
section shall take into account actions taken or
planned by both public and private entities to address
identified security issues and assess the effective inte-
gration of such actions.
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(3) RECOMMENDATIONS.—Based on the assess-
ment conducted under this subsection, the Under Sec-
retary, in consultation with the Secretary of Trans-
portation, shall develop prioritized recommendations
for improving rail security, including any rec-
ommendations the Under Secretary has for—
(A) improving the security of rail tunnels,
rail bridges, rail switching and car storage
areas, other rail infrastructure and facilities, in-
formation systems, and other areas identified by
the Under Secretary as posing significant rail-
related risks to public safety and the movement
of interstate commerce, taking into account the
impact that any proposed security measure
might have on the provision of rail service;
(B) deploying equipment to detect explosives
and hazardous chemical, biological, and radio-
active substances, and any appropriate counter-
measures;
(C) training employees in terrorism preven-
tion, passenger evacuation, and response activi-
ties;
(D) conducting public outreach campaigns
on passenger railroads;
(E) deploying surveillance equipment; and
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(F) identifying the immediate and long-
term costs of measures that may be required to
address those risks.
(b) CONSULTATION; USE OF EXISTING RESOURCES.—
In carrying out the assessment required by subsection (a),
the Under Secretary shall consult with rail management,
rail labor, owners or lessors of rail cars used to transport
hazardous materials, first responders, shippers of hazardous
materials, public safety officials (including those within
other agencies and offices within the Department of Home-
land Security), and other relevant parties.
(c) REPORT.—
(1) CONTENTS.—Not later than 180 days after
the date of the enactment of this Act, the Under Sec-
retary shall submit to the Committee on Commerce,
Science, and Transportation and the Committee on
Homeland Security and Governmental Affairs of the
Senate and the Committee on Transportation and In-
frastructure of the House of Representatives a report
that contains—
(A) the assessment and prioritized rec-
ommendations required by subsection (a) and an
estimate of the cost to implement such rec-
ommendations;