Sec. 102. Officers and employees

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Section 2 of the Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2072 ), is amended to read as follows: There shall be in the U.S. Customs and Border Protection Agency established under section 1 not more than 3 and not fewer than 2 deputy commissioners, each of whom shall report directly to the Commissioner. The position of a deputy commissioner established under paragraph

(1)shall be a Senior Executive Service position (as defined in section 3132(a) of title 5, United States Code). One of the deputy commissioners established under subsection (a)(1) shall be the Deputy Commissioner for Trade. The duties of the Deputy Commissioner for Trade shall include— overseeing the commercial operations of the U.S. Customs and Border Protection Agency (as described in section 1(c)(2)); overseeing the Office of Trade established under section 4 and the Office of International Affairs established under section 5; overseeing the development and implementation of all policies and regulations administered by the Agency pursuant to the customs and trade laws of the United States; coordinating the establishment of standards and policies for developing, delivering, and evaluating training programs for personnel of the Agency with responsibility for trade facilitation and trade enforcement; overseeing the development and implementation of information technology, research, and communication functions, including automation and modernization strategies, that support the commercial operations of the Agency, including the implementation of the Automated Commercial Environment computer system authorized under section 13031(f)(5) of the Consolidated Omnibus Budget and Reconciliation Act of 1985 ( 19 U.S.C. 58c(f)(5) ); and overseeing the administration of the financial management activities of the Agency, including accounting, budgeting, procurement, logistics, financial systems, policy, planning, and audit oversight. An individual appointed to be the Deputy Commissioner for Trade shall have a minimum of 10 years of professional experience in the operation of the customs and trade laws of the United States, not less than 3 of which shall involve either working with or for the private sector on matters relating to trade facilitation or trade enforcement. The Assistant Commissioner of the Office of Trade, established under section 4, shall act as the Deputy Commissioner for Trade during the absence or disability of the Deputy Commissioner for Trade or in the event that the position of Deputy Commissioner for Trade is vacant. There shall be in the office of the Commissioner a Trade Advocate, who shall be appointed by and report directly to the Commissioner. The position of Trade Advocate shall be a Senior Executive Service position (as defined in section 3132(a) of title 5, United States Code). The duties of the Trade Advocate shall include— developing and maintaining strategic communications with private sector entities and the public to enhance trade facilitation and trade enforcement; serving as the primary liaison between the U.S. Customs and Border Protection Agency and private sector entities and the public with respect to the Agency’s trade facilitation and trade enforcement functions; consulting with private sector entities, including the Customs Operations Advisory Committee and the Trade Support Network, for their input with respect to— the development, implementation, and impact of policies and regulations administered by the Agency; the development of the joint strategic plan on trade facilitation and trade enforcement required under section 123A of the Customs and Trade Act of 1990; the assessment of the effectiveness of the trade facilitation and trade enforcement activities of the Agency; trade modernization activities, including the development and implementation of the Automated Commercial Environment computer system authorized under section 13031(f)(5) of the Consolidated Omnibus Budget and Reconciliation Act of 1985 ( 19 U.S.C. 58c(f)(5) ) and support for the establishment of the International Trade Data System under the oversight of the Department of the Treasury pursuant to section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)); the identification of private sector resources and capabilities that will supplement the trade facilitation and trade enforcement activities of the Agency; advising the Commissioner with respect to the consultations described in subparagraph (C); promoting existing public-private partnerships and developing new public-private partnerships to enhance the trade facilitation and trade enforcement activities of the Agency; and otherwise consulting with private sector entities and the public as directed by the Commissioner or by law. An individual appointed to be the Trade Advocate shall have a minimum of 10 years of professional experience working with the customs and trade laws of the United States, not less than 3 of which shall have been spent working in the private sector. Not later than 30 days after the date of the enactment of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013 , the Secretary of Homeland Security shall transfer the assets, functions, personnel, and liabilities of the Office of Trade Relations of the U.S. Customs and Border Protection Agency to the Trade Advocate established under paragraph (1). Not later than 30 days after the date of the enactment of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013 , the Office of Trade Relations shall be abolished. No funds appropriated to the Agency or the Department of Homeland Security may be used to transfer the assets, functions, personnel, and liabilities of the Office of Trade Relations to an office or official other than the Trade Advocate established under paragraph (1). The Commissioner may appoint such other officers as are necessary to manage the individual offices within the U.S. Customs and Border Protection Agency. Any appointment of personnel under this subsection shall be subject to the provisions of the civil service laws, and the salaries shall be fixed in accordance with chapter 51 and subchapter III of chapter 53 of title 5, United States Code. . The Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2071 et seq. ), is amended by adding at the end the following: There shall be in the U.S. Customs and Border Protection Agency an Office of Trade, which shall be headed by an Assistant Commissioner for Trade. Not later than 30 days after the date of the enactment of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013 , the Secretary of Homeland Security shall transfer the assets, functions, personnel, and liabilities of the Office of International Trade to the Office of Trade established under subsection (a). Not later than 30 days after the date of the enactment of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013 , the Office of International Trade shall be abolished. No funds appropriated to the U.S. Customs and Border Protection Agency or the Department of Homeland Security may be used to transfer the assets, functions, personnel, and liabilities of the Office of International Trade to an office other than the Office of Trade established under subsection (a). In this paragraph, the term Office of International Trade means the Office of International Trade established under subsection

(d)of section 2 of this Act, as added by section 402 of the Security and Accountability for Every Port Act of 2006 ( Public Law 109–347 ; 120 Stat. 1924), and as in effect on the day before the date of the enactment of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013 . The Commissioner is authorized to transfer any other assets, functions, or personnel within the U.S. Customs and Border Protection Agency to the Office of Trade established under subsection (a). Not less than 90 days prior to the transfer of assets, functions, or personnel under subparagraph (A), the Commissioner shall notify the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives of the specific assets, functions, or personnel to be transferred, and the reason for the transfer. The Commissioner shall appoint an Assistant Commissioner for Trade who shall— be the head of the Office of Trade; and report to the Deputy Commissioner for Trade of the U.S. Customs and Border Protection Agency. The position of Assistant Commissioner for Trade shall be a Senior Executive Service position (as defined in section 3132(a) of title 5, United States Code). An individual appointed to be the Assistant Commissioner for Trade shall have a minimum of 10 years of professional experience in the operation of the customs and trade laws of the United States, not less than 3 of which shall involve either working with or for the private sector on matters relating to trade facilitation or trade enforcement. The duties of the Assistant Commissioner for Trade shall include— directing the development and implementation, pursuant to the customs and trade laws of the United States, of policies and regulations administered by the U.S. Customs and Border Protection Agency; advising the Deputy Commissioner for Trade with respect to the impact on trade facilitation and trade enforcement of any policy or regulation otherwise proposed or administered by the Agency; cooperating with the Assistant Commissioner for Field Operations with respect to the trade facilitation and trade enforcement activities of the Agency carried out at the land borders and ports of entry of the United States; directing the development and implementation of matters relating to the priority trade issues identified by the Commissioner in the joint strategic plan on trade facilitation and trade enforcement required under section 123A of the Customs and Trade Act of 1990; otherwise advising the Commissioner with respect to the development and implementation of the joint strategic plan; directing the trade enforcement activities of the Agency, including the activities of the National Targeting and Analysis Groups established under section 211 of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013 ; overseeing the trade modernization activities of the Agency, including the development and implementation of the Automated Commercial Environment computer system authorized under section 13031(f)(5) of the Consolidated Omnibus Budget and Reconciliation Act of 1985 ( 19 U.S.C. 58c(f)(5) ) and support for the establishment of the International Trade Data System under the oversight of the Department of the Treasury pursuant to section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)); directing the administration of customs revenue functions as otherwise provided by law or delegated by the Commissioner; and preparing an annual report to be submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives not later than March 1 of each calendar year that includes— a summary of the changes to customs policies and regulations adopted by the Agency during the preceding calendar year; and a description of the public vetting and interagency consultation that occurred with respect to each such change. The individual serving as the Assistant Commissioner of the Office of International Trade on the day before the date of the enactment of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013 may serve as the Assistant Commissioner for Trade on or after such date of enactment, at the discretion of the Commissioner. There shall be in the U.S. Customs and Border Protection Agency an Office of International Affairs, which shall be headed by an Assistant Commissioner for International Affairs. The Commissioner shall appoint an Assistant Commissioner for International Affairs who shall— be the head of the Office of International Affairs; and report to the Deputy Commissioner for Trade of the U.S. Customs and Border Protection Agency. The position of Assistant Commissioner for International Affairs shall be a Senior Executive Service position (as defined in section 3132(a) of title 5, United States Code). An individual appointed to be the Assistant Commissioner for International Affairs shall have a minimum of 10 years of professional experience in the operation of the customs and trade laws of the United States, not less than 3 of which shall involve either working with or for the private sector on matters relating to trade facilitation or trade enforcement. The duties of the Assistant Commissioner for International Affairs shall include— coordinating the initiatives, programs, and activities of the U.S. Customs and Border Protection Agency in foreign countries, including employees of the Agency in foreign countries; advising the Commissioner with respect to matters arising in the World Customs Organization and, if appropriate, the World Trade Organization and other international organizations; ensuring that the policies and regulations of the Agency are consistent with the obligations of the United States pursuant to international agreements; coordinating with other Federal agencies on international efforts to enhance trade facilitation and trade enforcement by the Agency; coordinating with the customs authorities of foreign countries with respect to trade facilitation and, as appropriate, trade enforcement; and providing training and capacity building to customs authorities of foreign countries. The individual serving as the Assistant Commissioner of the Office of International Affairs on the day before the date of the enactment of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013 may serve as the Assistant Commissioner for International Affairs on or after such date of enactment, at the discretion of the Commissioner. To advance the security, trade facilitation, and trade enforcement missions of the U.S. Customs and Border Protection Agency, the Commissioner shall ensure that the Assistant Commissioner for Trade and the Assistant Commissioner for Field Operations of the Agency work together on— trade facilitation and trade enforcement activities at United States ports of entry; operational training of personnel within the Office of Field Operations at United States ports of entry to administer trade facilitation and trade enforcement activities; evaluating the operational effectiveness of the trade facilitation and trade enforcement activities at United States ports of entry by personnel of the Office of Field Operations; cooperating with the Trade Advocate established under section 2(c) to ensure that any information received from private sector entities regarding the trade facilitation and trade enforcement activities of the Agency is considered; ensuring the uniform administration and implementation among United States ports of entry of new or revised customs and trade laws, policies, or regulations related to the trade facilitation and trade enforcement activities of the Agency; implementing the operational provisions of the joint strategic plan on trade facilitation and trade enforcement required under section 123A of the Customs and Trade Act of 1990 related to the trade facilitation and trade enforcement activities of the Agency at United States ports of entry; in cooperation with the Office of International Affairs established under section 5, ensuring that trade facilitation and trade enforcement activities comply with obligations of the United States pursuant to international agreements; ensuring the prompt collection of available data regarding cargo that violates the customs and trade laws of the United States, and the prompt issuance of Trade Alerts pursuant to section 211 of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013 ; and otherwise overseeing the trade facilitation and trade enforcement activities of personnel within the Office of Field Operations at United States ports of entry. There is established in the Office of Field Operations of the U.S. Customs and Border Protection Agency a Trade Facilitation and Trade Enforcement Division. The Commissioner shall assign sufficient personnel to operate the Trade Facilitation and Trade Enforcement Division in the Office of Field Operations established under subsection (a). Not later than 180 days after the date of the enactment of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013 , the Commissioner shall designate and dedicate within the Office of Field Operations not fewer than 40 commercial enforcement officers. The Commissioner shall assign the commercial enforcement officers authorized under this subsection among the 40 United States ports of entry that experienced the highest volume of trade during fiscal year 2013. The duties of a commercial enforcement officer shall be— to supervise all trade enforcement activities of personnel of the Office of Field Operations at the port of entry to which the commercial enforcement officer has been assigned; to coordinate with the Office of Trade all trade enforcement activities at that port of entry; to direct the training of personnel at that port of entry to effectuate the trade enforcement activities of the Office of Field Operations; and to otherwise conduct trade enforcement activities at that port of entry. The Commissioner shall establish a Customs Facilitation and Enforcement Interagency Committee (in this section referred to as the Committee ) to improve coordination and collaboration among Federal agencies with respect to trade facilitation and trade enforcement. The functions of the Committee shall include— advising the Commissioner with respect to policies or regulations of the U.S. Customs and Border Protection Agency that may significantly affect— the trade facilitation and trade enforcement missions of the Agency; or the international trade policy, trade commitments, or trade competitiveness of the United States; consulting with the Commissioner with respect to the development and implementation of policies of agencies that are represented on the Committee that significantly affect the trade facilitation and trade enforcement missions of the Agency; reviewing recommendations of and addressing concerns identified by the Customs Facilitation and Enforcement Review Group established under subsection (d); and such other functions as are agreed on by the Commissioner and the members of the Committee. The members of the Committee shall be the following: The Commissioner. The Deputy Commissioner for Trade of the U.S. Customs and Border Protection Agency. The Assistant Secretary for Tax Policy of the Department of the Treasury. The Administrator of the Animal and Plant Health Inspection Service of the Department of Agriculture. The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the Department of Justice. The Chairman of the Consumer Product Safety Commission. The Administrator of the Environmental Protection Agency. The Commissioner of Food and Drugs of the Department of Health and Human Services. The Administrator of the Food Safety and Inspection Service of the Department of Agriculture. The Director of U.S. Immigration and Customs Enforcement of the Department of Homeland Security. The Administrator of the National Highway Traffic Safety Administration of the Department of Transportation. The Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration of the Department of Commerce. The Under Secretary for International Trade of the Department of Commerce. A Deputy United States Trade Representative. Senior officials of such other Federal agencies as the Commissioner determines appropriate. The Committee shall establish a Customs Facilitation and Enforcement Review Group (in this subsection referred to as the Review Group ) as a subordinate body of the Committee. The members of the Review Group shall be— the Deputy Commissioner for Trade of the U.S. Customs and Border Protection Agency or another senior official of the Agency designated by the Commissioner, who shall serve as chairperson of the Review Group; and a senior official of each agency represented on the Committee. The Deputy Commissioner for Trade shall convene the Review Group as needed to carry out the functions of the Review Group under paragraph

(4)and any other duties assigned to the Review Group by the Committee. The functions of the Review Group shall include— reviewing, and advising the Committee with respect to, proposed policies, procedures, regulations, and activities of the U.S. Customs and Border Protection Agency that may significantly affect— the trade facilitation and trade enforcement missions of the Agency; or the international trade policy, trade commitments, or trade competitiveness of the United States; advising the Committee with respect to the development and implementation of policies, procedures, regulations, and activities of agencies represented on the Committee that significantly affect the trade facilitation and trade enforcement missions of the Agency; and such other functions as the Committee may direct. . Section 5315 of title 5, United States Code, is amended by adding at the end the following: Deputy Commissioners of U.S. Customs and Border Protection, Department of Homeland Security (3). . Section 650 of the Tariff Act of 1930 ( 19 U.S.C. 1650 ) is repealed.

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