Sec. 802. Establishment of U.S. Customs and Border Protection

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Section 411 of the Homeland Security Act of 2002 ( 6 U.S.C. 211 ) is amended to read as follows: There is established in the Department an agency to be known as U.S. Customs and Border Protection. There shall be at the head of U.S. Customs and Border Protection a Commissioner of U.S. Customs and Border Protection (in this section referred to as the Commissioner ), who shall be appointed by the President, by and with the advice and consent of the Senate. The Commissioner shall— ensure the interdiction of persons and goods illegally entering or exiting the United States; facilitate and expedite the flow of legitimate travelers and trade; detect, respond to, and interdict terrorists, drug smugglers and traffickers, human smugglers and traffickers, and other persons who may undermine the security of the United States, in cases in which such persons are entering, or have recently entered, the United States; safeguard the borders of the United States to protect against the entry of dangerous goods; oversee the functions of the Office of Trade established under section 802(h) of the Trade Facilitation and Trade Enforcement Act of 2015; enforce and administer all customs laws of the United States, including the Tariff Act of 1930; enforce and administer all immigration laws, as such term is defined in paragraph

(17)of section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ), as necessary for the inspection, processing, and admission of persons who seek to enter or depart the United States, and as necessary to ensure the detection, interdiction, removal, departure from the United States, short-term detention, and transfer of persons unlawfully entering, or who have recently unlawfully entered, the United States, in coordination with U.S. Immigration and Customs Enforcement and United States Citizenship and Immigration Services; develop and implement screening and targeting capabilities, including the screening, reviewing, identifying, and prioritizing of passengers and cargo across all international modes of transportation, both inbound and outbound; in coordination with the Secretary, deploy technology to collect the data necessary for the Secretary to administer the biometric entry and exit data system pursuant to section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 8 U.S.C. 1365b ); enforce and administer the laws relating to agricultural import and entry inspection referred to in section 421; in coordination with the Under Secretary for Management of the Department, ensure U.S. Customs and Border Protection complies with Federal law, the Federal Acquisition Regulation, and the Department’s acquisition management directives for major acquisition programs of U.S. Customs and Border Protection; enforce and administer— the Container Security Initiative program under section 205 of the Security and Accountability for Every Port Act of 2006 ( 6 U.S.C. 945 ; Public Law 109–347 ); and the Customs-Trade Partnership Against Terrorism program under sections 211 through 223 of such Act ( 6 U.S.C. 961-973 ); conduct polygraph examinations in accordance with section 3(1) of the Anti-Border Corruption Act of 2010 ( Public Law 111–376 ); establish the standard operating procedures described in subsection (k); carry out the training required under subsection (l); and carry out other duties and powers prescribed by law or delegated by the Secretary. There shall be in U.S. Customs and Border Protection a Deputy Commissioner who shall assist the Commissioner in the management of U.S. Customs and Border Protection. There is established in U.S. Customs and Border Protection the U.S. Border Patrol. There shall be at the head of the U.S. Border Patrol a Chief, who shall report to the Commissioner. The U.S. Border Patrol shall— serve as the law enforcement office of U.S. Customs and Border Protection with primary responsibility for interdicting persons attempting to illegally enter or exit the United States or goods being illegally imported into or exported from the United States at a place other than a designated port of entry; deter and prevent illegal entry of terrorists, terrorist weapons, persons, and contraband; and carry out other duties and powers prescribed by the Commissioner. There is established in U.S. Customs and Border Protection an Office of Air and Marine Operations. There shall be at the head of the Office of Air and Marine Operations an Assistant Commissioner, who shall report to the Commissioner. The Office of Air and Marine Operations shall— serve as the law enforcement office within U.S. Customs and Border Protection with primary responsibility to detect, interdict, and prevent acts of terrorism and the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States in the air and maritime environment; conduct joint aviation and marine operations with U.S. Immigration and Customs Enforcement; conduct aviation and marine operations with international, Federal, State, and local law enforcement agencies, as appropriate; administer the Air and Marine Operations Center established under paragraph (4); and carry out other duties and powers prescribed by the Commissioner. There is established in the Office of Air and Marine Operations an Air and Marine Operations Center. There shall be at the head of the Air and Marine Operations Center an Executive Director, who shall report to the Assistant Commissioner of the Office of Air and Marine Operations. The Air and Marine Operations Center shall— manage the air and maritime domain awareness of the Department; monitor and coordinate the airspace for Unmanned Aerial Systems operations of the Office of Air and Marine Operations in U.S. Customs and Border Protection; detect, identify, and coordinate a response to threats to national security in the air domain; provide aviation and marine support to other Federal, State, tribal, and local agencies; and carry out other duties and powers prescribed by the Assistant Commissioner. There is established in U.S. Customs and Border Protection an Office of Field Operations. There shall be at the head of the Office of Field Operations an Assistant Commissioner, who shall report to the Commissioner. The Office of Field Operations shall coordinate the enforcement activities of U.S. Customs and Border Protection at United States air, land, and sea ports of entry to— deter and prevent terrorists and terrorist weapons from entering the United States at such ports of entry; conduct inspections at such ports of entry to safeguard the United States from terrorism and illegal entry of persons; prevent illicit drugs, agricultural pests, and contraband from entering the United States; in coordination with the Commissioner, facilitate and expedite the flow of legitimate travelers and trade; administer the National Targeting Center established under paragraph (4); and carry out other duties and powers prescribed by the Commissioner. There is established in the Office of Field Operations a National Targeting Center. There shall be at the head of the National Targeting Center an Executive Director, who shall report to the Assistant Commissioner of the Office of Field Operations. The National Targeting Center shall— serve as the primary forum for targeting operations within U.S. Customs and Border Protection to collect and analyze traveler and cargo information in advance of arrival in the United States; identify, review, and target travelers and cargo for examination; coordinate the examination of entry and exit of travelers and cargo; develop and conduct commercial risk assessment targeting with respect to cargo destined for the United States; issue Trade Alerts pursuant to section 111 of the Trade Facilitation and Trade Enforcement Act of 2015; and carry out other duties and powers prescribed by the Assistant Commissioner. Not later than 30 days after the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015 and annually thereafter, the Assistant Commissioner shall submit to the appropriate congressional committees a report on the staffing model for the Office of Field Operations, including information on how many supervisors, front-line U.S. Customs and Border Protection officers, and support personnel are assigned to each Field Office and port of entry. There is established in U.S. Customs and Border Protection an Office of Intelligence. There shall be at the head of the Office of Intelligence an Assistant Commissioner, who shall report to the Commissioner. The Office of Intelligence shall— develop, provide, coordinate, and implement intelligence capabilities into a cohesive intelligence enterprise to support the execution of the duties and responsibilities of U.S. Customs and Border Protection; collect and analyze advance traveler and cargo information; establish, in coordination with the Chief Intelligence Officer of the Department, as appropriate, intelligence-sharing relationships with Federal, State, local, and tribal agencies and intelligence agencies; conduct risk-based covert testing of U.S. Customs and Border Protection operations, including for nuclear and radiological risks; and carry out other duties and powers prescribed by the Commissioner. There is established in U.S. Customs and Border Protection an Office of International Affairs. There shall be at the head of the Office of International Affairs an Assistant Commissioner, who shall report to the Commissioner. The Office of International Affairs, in collaboration with the Office of Policy of the Department, shall— coordinate and support U.S. Customs and Border Protection’s foreign initiatives, policies, programs, and activities; coordinate and support U.S. Customs and Border Protection’s personnel stationed abroad; maintain partnerships and information sharing agreements and arrangements with foreign governments, international organizations, and United States agencies in support of U.S. Customs and Border Protection duties and responsibilities; provide necessary capacity building, training, and assistance to foreign border control agencies to strengthen global supply chain and travel security, as appropriate; coordinate mission support services to sustain U.S. Customs and Border Protection’s global activities; coordinate U.S. Customs and Border Protection’s engagement in international negotiations; and carry out other duties and powers prescribed by the Commissioner. There is established in U.S. Customs and Border Protection an Office of Internal Affairs. There shall be at the head of the Office of Internal Affairs an Assistant Commissioner, who shall report to the Commissioner. The Office of Internal Affairs shall— investigate criminal and administrative matters and misconduct by officers, agents, and other employees of U.S. Customs and Border Protection; perform investigations of applicants for employment with U.S. Customs and Border Protection and periodic reinvestigations (in accordance with section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 ; Public Law 108–458 )) of officers, agents, and other employees of United States Custom and Border Protection, including investigations to determine suitability for employment and eligibility for access to classified information; manage integrity of U.S. Customs and Border Protection’s counter-intelligence operations, including conduct of counter-intelligence investigations; conduct research and analysis regarding misconduct of officers, agents, and other employees of U.S. Customs and Border Protection; and carry out other duties and powers prescribed by the Commissioner. The Commissioner shall establish— standard operating procedures for searching, reviewing, retaining, and sharing information contained in communication, electronic, or digital devices encountered by U.S. Customs and Border Protection personnel at United States ports of entry; standard use of force procedures that officers and agents of U.S. Customs and Border Protection may employ in the execution of their duties, including the use of deadly force; a uniform, standardized, and publically-available procedure for processing and investigating complaints against officers, agents, and employees of U.S. Customs and Border Protection for violations of professional conduct, including the timely disposition of complaints and a written notification to the complainant of the status or outcome, as appropriate, of the related investigation, in accordance with section 552a of title 5, United States Code (commonly referred to as the Privacy Act or the Privacy Act of 1974 ); an internal, uniform reporting mechanism regarding incidents involving the use of deadly force by an officer or agent of U.S. Customs and Border Protection, including an evaluation of the degree to which the procedures required under subparagraph

(B)were followed; and standard operating procedures, acting through the Assistant Commissioner for Air and Marine Operations and in coordination with the Office for Civil Rights and Civil Liberties and the Office of Privacy of the Department, to provide command, control, communication, surveillance, and reconnaissance assistance through the use of unmanned aerial systems, including the establishment of— a process for other Federal, State, and local law enforcement agencies to submit mission requests; a formal procedure to determine whether to approve or deny such a mission request; a formal procedure to determine how such mission requests are prioritized and coordinated; and a process regarding the protection and privacy of data and images collected by U.S. Customs and Border Protection through the use of unmanned aerial systems. The standard operating procedures established pursuant to subparagraph

(A)of paragraph

(1)shall require— in the case of a search of information conducted on an electronic device by U.S. Customs and Border Protection personnel, the Commissioner to notify the individual subject to such search of the purpose and authority for such search, and how such individual may obtain information on reporting concerns about such search; and in the case of information collected by U.S. Customs and Border Protection through a search of an electronic device, if such information is transmitted to another Federal agency for subject matter assistance, translation, or decryption, the Commissioner to notify the individual subject to such search of such transmission. The Commissioner may withhold the notifications required under paragraphs (1)(C) and

(2)if the Commissioner determines that such notifications would impair national security, law enforcement, or other operational interests. If the individual subject to search of an electronic device pursuant to subparagraph

(A)of paragraph

(1)is included on a Government-operated or Government-maintained terrorist watch list, the notifications required under paragraph

(2)shall not apply. If the complainant using the process established under subparagraph

(C)of paragraph

(1)is included on a Government-operated or Government-maintained terrorist watch list, the notification required under such subparagraph shall not apply. The Commissioner shall review and update every three years the standard operating procedures required under this subsection. The Inspector General of the Department of Homeland Security shall develop and annually administer an auditing mechanism to review whether searches of electronic devices at or between United States ports of entry are being conducted in conformity with the standard operating procedures required under subparagraph

(A)of paragraph (1). Such audits shall be submitted to the appropriate congressional committees and shall include the following: A description of the activities of officers and agents of U.S. Customs and Border Protection with respect to such searches. The number of such searches. The number of instances in which information contained in such devices that were subjected to such searches was retained, copied, shared, or entered in an electronic database. The number of such devices detained as the result of such searches. The number of instances in which information collected from such device was subjected to such searches was transmitted to another Federal agency, including whether such transmission resulted in a prosecution or conviction. The standard operating procedures established pursuant to subparagraph

(B)of paragraph

(1)shall require— in the case of an incident of the use of deadly force by U.S. Customs and Border Protection personnel, the Commissioner to notify the appropriate congressional committees; and the Commissioner to provide to such committees a copy of the evaluation pursuant to subparagraph

(D)of such paragraph not later than 30 days after completion of such evaluation. The Commissioner shall submit to the appropriate congressional committees an annual report that reviews whether the use of unmanned aerial systems are being conducted in conformity with the standard operating procedures required under subparagraph

(E)of paragraph (1). Such reports— shall be submitted with the President’s annual budget; may be submitted in classified form if the Commissioner determines that such is appropriate, and shall include— a detailed description of how, where, and for how long data and images collected through the use of unmanned aerial systems by U.S. Customs and Border Protection is collected and stored; and a list of Federal, State, and local law enforcement agencies that submitted mission requests in the previous year and the disposition of such requests. The Commissioner shall require all officers and agents of U.S. Customs and Border Protection to participate in a specified amount of continuing education (to be determined by the Commissioner) to maintain an understanding of Federal legal rulings, court decisions, and departmental policies, procedures, and guidelines. The Commissioner shall make every effort to ensure that adequate access to food and water is provided to an individual apprehended and detained at or between a United States port of entry as soon as practicable following the time of such apprehension or during subsequent short term detention. The Commissioner shall ensure that an individual apprehended by a U.S. Border Patrol agent or an Office of Field Operations officer is provided with information concerning such individual’s rights, including the right to contact a representative of such individual’s government for purposes of United States treaty obligations. The information referred to in subparagraph

(A)may be provided either verbally or in writing, and shall be posted in the detention holding cell in which such individual is being held. The information shall be provided in a language understandable to such individual. In this subsection, the term short term detention means detention in a U.S. Customs and Border Protection processing center for 72 hours or less, before repatriation to a country of nationality or last habitual residence. When practicable, repatriations shall be limited to daylight hours and avoid locations that are determined to have high indices of crime and violence. Not later than 180 days after the date of the enactment of this section, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the procurement process and standards of entities with which U.S. Customs and Border Protection has contracts for the transportation and detention of individuals apprehended by agents or officers of U.S. Customs and Border Protection. Such report should also consider the operational efficiency of contracting the transportation and detention of such individuals. The Commissioner shall— annually inspect all facilities utilized for short term detention; and make publically available information collected pursuant to such inspections, including information regarding the requirements under paragraphs

(1)and

(2)and, where appropriate, issue recommendations to improve the conditions of such facilities. The Commissioner shall— publish live wait times at the 20 United States airports that support the highest volume of international travel (as determined by available Federal flight data); make information about such wait times available to the public in real time through the U.S. Customs and Border Protection Web site; submit to the appropriate congressional committees quarterly reports that include compilations of all such wait times and a ranking of such United States airports by wait times; and provide adequate staffing at the U.S. Customs and Border Protection information center to ensure timely access for travelers attempting to submit comments or speak with a representative about their entry experiences. The wait times referred to in paragraph (1)(A) shall be determined by calculating the time elapsed between an individual’s entry into the U.S. Customs and Border Protection inspection area and such individual’s clearance by a U.S. Customs and Border Protection officer. The Secretary may establish such other offices or Assistant Commissioners (or other similar officers or officials) as the Secretary determines necessary to carry out the missions, duties, functions, and authorities of U.S. Customs and Border Protection. If the Secretary exercises the authority provided pursuant to paragraph (1), the Secretary shall notify the appropriate congressional committees not later than 30 days before exercising such authority. Nothing in this section may be construed as affecting in any manner the authority, existing on the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, of any other Federal agency, including the Transportation Security Administration, with respect to the duties of U.S. Customs and Border Protection described in subsection (c). . Section 411 of the Homeland Security Act of 2002, as amended by subsection

(a)of this section, shall be treated as if included in such Act as of the date of the enactment of such Act, and, in addition to the functions, missions, duties, and authorities specified in such amended section 411, U.S. Customs and Border Protection shall continue to perform and carry out the functions, missions, duties, and authorities under section 411 of such Act as in existence on the day before such date of enactment, and section 415 of such Act. Notwithstanding paragraph (1), nothing in this title or any amendment made by this title may be construed as affecting in any manner any rule or regulation issued or promulgated pursuant to any provision of law, including section 411 of the Homeland Security Act of 2002 as in existence on the day before the date of the enactment of this Act, and any such rule or regulation shall continue to have full force and effect on and after such date. Notwithstanding paragraph (1), nothing in this Act may be construed as affecting in any manner any action, determination, policy, or decision pursuant to section 411 of the Homeland Security Act of 2002 as in existence on the day before the date of the enactment of this Act, and any such action, determination, policy, or decision shall continue to have full force and effect on and after such date. The individual serving as the Commissioner of Customs on the day before the date of the enactment of this Act may serve as the Commissioner of U.S. Customs and Border Protection on and after such date of enactment until a Commissioner of U.S. Customs and Border Protection is appointed under section 411 of the Homeland Security Act of 2002, as amended by subsection

(a)of this section. The individuals serving as Assistant Commissioners and other officers and officials under section 411 of the Homeland Security Act of 2002 on the day before the date of the enactment of this Act may serve as the appropriate Assistant Commissioners and other officers and officials under such section 411 as amended by subsection

(a)of this section unless the Commissioner of U.S. Customs and Border Protection determines that another individual should hold such position or positions. 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 . On and after the date of the enactment of this Act, any reference in law or regulations to the Commissioner of Customs or the Commissioner of the Customs Service shall be deemed to be a reference to the Commissioner of U.S. Customs and Border Protection. The table of contents in section 1(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended by striking the item relating to section 411 and inserting the following new item: Sec. 411. Establishment of U.S. Customs and Border Protection; Commissioner, Deputy Commissioner, and operational offices. . Sections 416 and 418 of the Homeland Security Act of 2002 (6 U.S.C. 216 and 218), and the items relating to such sections in the table of contents in section 1(b) of such Act, are repealed. The Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended— in title I— in section 102(f)(10) ( 6 U.S.C. 112(f)(10) ), by striking the Directorate of Border and Transportation Security and inserting the Commissioner of U.S. Customs and Border Protection ; and in section 103(a)(1) ( 6 U.S.C. 113(a)(1) )— in subparagraph (C), by striking An Under Secretary for Border and Transportation Security. and inserting A Commissioner of U.S. Customs and Border Protection. ; and in subparagraph (G), by striking A Director of the Office of Counternarcotics Enforcement. and inserting A Director of U.S. Immigration and Customs Enforcement. ; and in title IV— by striking the title heading and inserting ; Border, Maritime, and Transportation Security in subtitle A— by striking the subtitle heading and inserting ; and Border, Maritime, and Transportation Security Responsibilities and Functions in section 402 ( 6 U.S.C. 202 )— in the section heading, by striking and inserting Responsibilities ; and Border, Maritime, and Transportation Responsibilities by striking , acting through the Under Secretary for Border and Transportation Security, ; in subtitle B— by striking the subtitle heading and inserting ; U.S. Customs and Border Protection in section 412(b) ( 6 U.S.C. 212 ), by striking the United States Customs Service each place it appears and inserting U.S. Customs and Border Protection ; in section 413 ( 6 U.S.C. 213 ), by striking available to the United States Customs Service or ; in section 414 ( 6 U.S.C. 214 ), by striking the United States Customs Service and inserting U.S. Customs and Border Protection ; and in section 415 ( 6 U.S.C. 215 )— in paragraph (7), by inserting before the colon the following: , and of U.S. Customs and Border Protection on the day before the effective date of the U.S. Customs and Border Protection Authorization Act ; and in paragraph (8), by inserting before the colon the following: , and of U.S. Customs and Border Protection on the day before the effective date of the U.S. Customs and Border Protection Authorization Act ; in subtitle C— by striking section 424 ( 6 U.S.C. 234 ) and inserting the following new section: Notwithstanding any other provision of this Act, the Transportation Security Administration shall be maintained as a distinct entity within the Department. ; and in section 430 ( 6 U.S.C. 238 )— by amending subsection

(a)to read as follows: There is established in the Department an Office for Domestic Preparedness. ; in subsection (b), by striking the second sentence; and in subsection (c)(7), by striking Directorate and inserting Department ; and in subtitle D— in section 441 ( 6 U.S.C. 251 )— by striking the section heading and inserting ; and Transfer of functions by striking Under Secretary for Border and Transportation Security and inserting Secretary ; in section 443 ( 6 U.S.C. 253 )— in the matter preceding paragraph (1), by striking Under Secretary for Border and Transportation Security and inserting Secretary ; and by striking the Bureau of Border Security and inserting U.S. Immigration and Customs Enforcement each place it appears; and by amending section 444 ( 6 U.S.C. 254 ) to read as follows: Notwithstanding any other provision of law, the Secretary may impose disciplinary action on any employee of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection who willfully deceives Congress or agency leadership on any matter. . Section 401 of the Homeland Security Act of 2002 ( 6 U.S.C. 201 ) is repealed. The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended— by striking the item relating to title IV and inserting the following: Title IV—Border, Maritime, and Transportation Security ; by striking the item relating to subtitle A of title IV and inserting the following: Subtitle A—Border, Maritime, and Transportation Security Responsibilities and Functions ; by striking the item relating to section 401; by striking the item relating to subtitle B of title IV and inserting the following: Subtitle B—U.S. Customs and Border Protection ; by striking the item relating to section 441 and inserting the following: Sec. 441. Transfer of functions. ; and by striking the item relating to section 442 and inserting the following: Sec. 442. U.S. Immigration and Customs Enforcement. . 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 is established in U.S. Customs and Border Protection an Office of Trade. There shall be at the head of the Office of Trade an Assistant Commissioner, who shall report to the Commissioner of U.S. Customs and Border Protection. The Assistant Commissioner shall have a minimum of 10 years of professional experience with the customs and trade laws of the United States. 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). The Office of Trade shall— direct the development and implementation, pursuant to the customs and trade laws of the United States, of policies and regulations administered by U.S. Customs and Border Protection; advise the Commissioner with respect to the impact on trade facilitation and trade enforcement of any policy or regulation otherwise proposed or administered by U.S. Customs and Border Protection; coordinate and cooperate with the Assistant Commissioner for the Office of Field Operations with respect to the trade facilitation and trade enforcement activities of U.S. Customs and Border Protection carried out at the land borders and ports of entry of the United States; direct the development and implementation of matters relating to the priority trade issues identified by the Commissioner of U.S. Customs and Border Protection in the joint strategic plan on trade facilitation and trade enforcement required under section 123A of the Customs and Trade Act of 1990; otherwise advise the Commissioner of U.S. Customs and Border Protection with respect to the development and implementation of the joint strategic plan; direct the trade enforcement activities of U.S. Customs and Border Protection; oversee the trade modernization activities of U.S. Customs and Border Protection, 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 Treasury pursuant to section 411(d) of the Tariff Act of 1930 ( 19 U.S.C. 1411(d) ); direct the administration of customs revenue functions as otherwise provided by law or delegated by the Commissioner of U.S. Customs and Border Protection; and prepare 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 U.S. Customs and Border Protection during the preceding calendar year; and a description of the public vetting and interagency consultation that occurred with respect to each such change. Not later than 30 days after the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, the Commissioner shall transfer the assets, functions, personnel, and liabilities of the Office of International Trade to the Office of Trade established under subsection (b). Not later than 30 days after the date of enactment of the Trade Facilitation and Trade Enforcement Act of 2015, the Office of International Trade shall be abolished. No funds appropriated to U.S. Customs and Border Protection 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 by section 2 of the Act of March 3, 1927 (44. Stat. 1381, chapter 348; 19 U.S.C. 2072 ), 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 Act of 2015. The Commissioner is authorized to transfer any other assets, functions, or personnel within U.S. Customs and Border Protection to the Office of Trade established under subsection (d). Not less than 90 days prior to the transfer of assets, functions, or personnel under subparagraph (A)(i), the Commissioner shall notify the Committee on Finance of the Senate, the Committee on Homeland Security and Government Affairs of the Senate, the Committee on Ways and Means of the House of Representatives, and the Committee on Homeland Security of the House of Representatives of the specific assets, functions, or personnel to be transferred, and the reason for the transfer. In this section, the terms customs and trade laws of the United States , trade enforcement , and trade facilitation have the meanings given such terms in section 2 of the Trade Facilitation and Trade Enforcement Act of 2015. . The individual serving as the Assistant Commissioner of the Office of International Trade on the day before the date of the enactment of this Act may serve as the Assistant Commissioner for Trade on or after such date of enactment, at the discretion of the Commissioner. Section 2 of the Act of March 3, 1927 (44. Stat. 1381, chapter 348; 19 U.S.C. 2072 ), as added by section 402 of the Security and Accountability for Every Port Act of 2006 ( Public Law 109–347 ; 120 Stat. 1924), is amended— by striking subsection (d); and by redesignating subsections

(e)and

(f)as subsections

(d)and (e), respectively. Not later than 90 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate a report on U.S. Customs and Border Protection’s Business Transformation Initiative, including locations where the Initiative is deployed, the types of equipment utilized, a description of protocols and procedures, information on wait times at such locations since deployment, and information regarding the schedule for deployment at new locations. Not later 180 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall assess the physical infrastructure and technology needs at the 20 busiest land ports of entry (as measured by U.S. Customs and Border Protection) with a particular attention to identify ways to— improve travel and trade facilitation; reduce wait times; improve physical infrastructure and conditions for individuals accessing pedestrian ports of entry; enter into long-term leases with nongovernmental and private sector entities; enter into lease-purchase agreements with nongovernmental and private sector entities; and achieve cost savings through leases described in subparagraphs

(D)and (E). Not later than 90 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on supervisor-approved personal searches conducted in the previous year by U.S. Customs and Border Protection personnel. Such report shall include the number of personal searches conducted in each sector and field office, the number of invasive personal searches conducted in each sector and field office, whether personal searches were conducted by Office of Field Operations or U.S. Border Patrol personnel, and how many personal searches resulted in the discovery of contraband. The Secretary of Homeland Security may not enter into or renew an agreement with the government of a foreign country for a trusted traveler program administered by U.S. Customs and Border Protection unless the Secretary certifies in writing that such government— routinely submits to INTERPOL for inclusion in INTERPOL’s Stolen and Lost Travel Documents database information about lost and stolen passports and travel documents of the citizens and nationals of such country; or makes available to the United States Government the information described in paragraph

(1)through another means of reporting. Congress finds the following: Congress established the Foreign Language Award Program

(FLAP)to incentivize employees at United States ports of entry to utilize their foreign language skills on the job by providing a financial incentive for the use of the foreign language for at least ten percent of their duties after passage of competency tests. FLAP incentivizes the use of more than two dozen languages and has been instrumental in identifying and utilizing U.S. Customs and Border Protection officers and agents who are proficient in a foreign language. In 1993, Congress provided for dedicated funding for this program by stipulating that certain fees collected by U.S. Customs and Border Protection be used to fund FLAP. Through FLAP, foreign travelers are aided by having an officer at a port of entry who speaks their language, and U.S. Customs and Border Protection benefits by being able to focus its border security efforts in a more effective manner. It is the sense of Congress that FLAP incentivizes U.S. Customs and Border Protection officers to attain and maintain competency in a foreign language, thereby improving the efficiency of operations for the functioning of U.S. Customs and Border Protection’s security mission, making the United States a more welcoming place when foreign travelers find officers can communicate in their language, and helping to expedite traveler processing to reduce wait times.

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