Sec. 101. Establishment of U.S. Customs and Border Protection Agency; Commissioner
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The first section of the Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2071 ), is amended to read as follows: There is established in the Department of Homeland Security the U.S. Customs and Border Protection Agency. The head of the U.S. Customs and Border Protection Agency shall be a Commissioner of U.S. Customs and Border Protection (in this Act referred to as the Commissioner ), who shall— be appointed by the President, by and with the advice and consent of the Senate; carry out the duties described in subsection (c); and report directly to the Secretary of Homeland Security.
The duties of the Commissioner shall include— coordinating and integrating the security, trade facilitation, and trade enforcement functions of the U.S. Customs and Border Protection Agency; directing the administration of the commercial operations as described in paragraph
(2)and the noncommercial operations of the Agency; otherwise safeguarding the homeland security interests of the United States; ensuring that the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )); and carrying out the duties and powers prescribed by law and such other duties as the Secretary of Homeland Security or the Secretary of the Treasury, as appropriate, may assign. The commercial operations of the U.S. Customs and Border Protection Agency shall include— administering any customs revenue function (as defined in section 415 of the Homeland Security Act of 2002 (6 U.S.C. 215)); coordinating efforts of the Department of Homeland Security with respect to trade facilitation and, as appropriate, trade enforcement; coordinating with the Director of U.S. Immigration and Customs Enforcement with respect to— investigations relating to trade enforcement; and the development and implementation of the joint strategic plan on trade facilitation and trade enforcement required under section 123A of the Customs and Trade Act of 1990; coordinating, on behalf of the Department of Homeland Security, efforts among Federal agencies with respect to trade facilitation and, as appropriate, trade enforcement, including representing the Department of Homeland Security in interagency fora addressing such efforts; coordinating the efforts of the U.S. Customs and Border Protection Agency with the efforts of customs authorities of foreign countries to facilitate international trade and enforce customs and trade laws; collecting, assessing, and disseminating information as appropriate and in accordance with law, regarding cargo destined for the United States, to enhance trade facilitation and, as appropriate, trade enforcement; and otherwise advising the Secretary of Homeland Security with respect to the development of policies associated with trade facilitation and, as appropriate, trade enforcement. In carrying out the duties described in subsection (c), the Commissioner shall consult with the Committee on Finance and Committee on Appropriations of the Senate and the Committee on Ways and Means and the Committee on Appropriations of the House of Representatives on a regular and timely basis regarding the resource needs of the U.S. Customs and Border Protection Agency to safeguard the economic security interests of the United States at land borders and ports of entry. The Commissioner shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on a regular and timely basis regarding the status and substance of international negotiations relating to the customs and trade laws of the United States, or of foreign countries, in which personnel of the U.S. Customs and Border Protection Agency are participating. In carrying out the duties described in subsection (c), the Commissioner shall solicit and consider on a regular basis input from private sector entities, including the Customs Operations Advisory Committee, the Trade Support Network, and other entities affected by the efforts of the Federal Government relating to trade facilitation and trade enforcement, with respect to— the implementation of new or amended customs and trade laws; and the development, implementation, or revision of policies or regulations administered by the U.S. Customs and Border Protection Agency. The Commissioner shall be compensated at the rate of pay for level III of the Executive Schedule as provided in section 5314 of title 5, United States Code. The Deputy Commissioner for Trade, appointed pursuant to section 2, shall act as Commissioner during the absence or disability of the Commissioner or in the event that the position of Commissioner is vacant. In this Act, the terms Customs Operations Advisory Committee , customs and trade laws of the United States , private sector entity , trade enforcement , trade facilitation , and Trade Support Network have the meanings given those terms in section 2 of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013 . . The Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2071 et seq. ), is amended by striking section 3 (19 U.S.C. 2073) and all that follows and inserting the following: Section 411 of the Homeland Security Act of 2002 ( 6 U.S.C. 211 ) is repealed, and the functions and associated personnel, assets, and liabilities, identified under such section 411 on the day before the date of the enactment of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013 are transferred to the U.S. Customs and Border Protection Agency. The individual serving as Commissioner of Customs in the Department of Homeland Security on the day before the date of the enactment of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013 may serve as the Commissioner of the U.S. Customs and Border Protection Agency established under section 1 until the earlier of— the date on which that individual is no longer eligible to serve as Commissioner of Customs; or the date on which an individual nominated by the President to be the Commissioner of U.S. Customs and Border Protection is confirmed by the Senate. . Section 5314 of title 5, United States Code, is amended by striking Commissioner of Customs, Department of Homeland Security. and inserting Commissioner of U.S. Customs and Border Protection, Department of Homeland Security. . The table of contents for the Homeland Security Act of 2002 is amended by striking the item relating to section 411 and inserting the following: Sec. 411. [Reserved]. .
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Sec. 101
Establishment of U.S. Customs and Border Protection Agency; Commissioner
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