Title I — Customs organization

“1. Establishment of U.S. Customs and Border Protection Agency; Commissioner

“(a) Establishment of U.S. Customs and Border Protection Agency—There is established in the Department of Homeland Security the U.S. Customs and Border Protection Agency.

“(b) Establishment of Commissioner of U.S. Customs and Border Protection—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—

“(1) be appointed by the President, by and with the advice and consent of the Senate;

“(2) carry out the duties described in subsection (c); and

“(3) report directly to the Secretary of Homeland Security.

“(c) Duties

“(1) In general—The duties of the Commissioner shall include—

“(A) coordinating and integrating the security, trade facilitation, and trade enforcement functions of the U.S. Customs and Border Protection Agency;

“(B) directing the administration of the commercial operations as described in paragraph (2) and the noncommercial operations of the Agency;

“(C) otherwise safeguarding the homeland security interests of the United States;

“(D) 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

“(E) 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.

“(2) Commercial operations—The commercial operations of the U.S. Customs and Border Protection Agency shall include—

“(A) administering any customs revenue function (as defined in section 415 of the Homeland Security Act of 2002 (6 U.S.C. 215));

“(B) coordinating efforts of the Department of Homeland Security with respect to trade facilitation and, as appropriate, trade enforcement;

“(C) coordinating with the Director of U.S. Immigration and Customs Enforcement with respect to—

“(i) investigations relating to trade enforcement; and

“(ii) 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;

“(D) 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;

“(E) 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;

“(F) 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

“(G) otherwise advising the Secretary of Homeland Security with respect to the development of policies associated with trade facilitation and, as appropriate, trade enforcement.

“(d) Consultations

“(1) Resource needs—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.

“(2) International negotiations—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.

“(3) Private sector input—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—

“(A) the implementation of new or amended customs and trade laws; and

“(B) the development, implementation, or revision of policies or regulations administered by the U.S. Customs and Border Protection Agency.

“(e) Compensation—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.

“(f) Absence or disability of Commissioner—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.

“(g) Definitions—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.”

“3. Transfer of functions, assets, liabilities, and duties

“(a) In general—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.

“(b) Continuation in office—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—

“(1) the date on which that individual is no longer eligible to serve as Commissioner of Customs; or

“(2) 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.”

“2. Deputy commissioners; trade advocate; other officers

“(a) Establishment of deputy commissioners

“(1) In general—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.

“(2) Senior Executive Service position—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).

“(b) Deputy Commissioner for Trade

“(1) In general—One of the deputy commissioners established under subsection (a)(1) shall be the Deputy Commissioner for Trade.

“(2) Duties—The duties of the Deputy Commissioner for Trade shall include—

“(A) overseeing the commercial operations of the U.S. Customs and Border Protection Agency (as described in section 1(c)(2));

“(B) overseeing the Office of Trade established under section 4 and the Office of International Affairs established under section 5;

“(C) 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;

“(D) 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;

“(E) 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

“(F) overseeing the administration of the financial management activities of the Agency, including accounting, budgeting, procurement, logistics, financial systems, policy, planning, and audit oversight.

“(3) Qualifications—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.

“(4) Absence or disability of Deputy Commissioner for Trade—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.

“(c) Trade advocate

“(1) Establishment

“(A) In general—There shall be in the office of the Commissioner a Trade Advocate, who shall be appointed by and report directly to the Commissioner.

“(B) Senior Executive Service position—The position of Trade Advocate shall be a Senior Executive Service position (as defined in section 3132(a) of title 5, United States Code).

“(2) Duties—The duties of the Trade Advocate shall include—

“(A) developing and maintaining strategic communications with private sector entities and the public to enhance trade facilitation and trade enforcement;

“(B) 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;

“(C) consulting with private sector entities, including the Customs Operations Advisory Committee and the Trade Support Network, for their input with respect to—

“(i) the development, implementation, and impact of policies and regulations administered by the Agency;

“(ii) 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;

“(iii) the assessment of the effectiveness of the trade facilitation and trade enforcement activities of the Agency;

“(iv) 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));

“(v) the identification of private sector resources and capabilities that will supplement the trade facilitation and trade enforcement activities of the Agency;

“(D) advising the Commissioner with respect to the consultations described in subparagraph (C);

“(E) promoting existing public-private partnerships and developing new public-private partnerships to enhance the trade facilitation and trade enforcement activities of the Agency; and

“(F) otherwise consulting with private sector entities and the public as directed by the Commissioner or by law.

“(3) Qualifications—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.

“(4) Elimination of Office of Trade Relations

“(A) Transfer—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).

“(B) Elimination—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.

“(C) Limitation on funds—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).

“(d) Other officers—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.”

“4. Office of Trade

“(a) Establishment of Office of Trade—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.

“(b) Transfer of assets, function, and personnel; elimination of offices

“(1) Office of International Trade

“(A) Transfer—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).

“(B) Elimination—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.

“(C) Limitation on funds—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).

“(D) Office of International Trade defined—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.

“(2) Other transfers

“(A) In general—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).

“(B) Congressional notification—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.

“(c) Assistant Commissioner for Trade

“(1) Appointment

“(A) In general—The Commissioner shall appoint an Assistant Commissioner for Trade who shall—

“(i) be the head of the Office of Trade; and

“(ii) report to the Deputy Commissioner for Trade of the U.S. Customs and Border Protection Agency.

“(B) Senior Executive Service position—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).

“(2) Qualifications—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.

“(3) Duties—The duties of the Assistant Commissioner for Trade shall include—

“(A) 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;

“(B) 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;

“(C) 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;

“(D) 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;

“(E) otherwise advising the Commissioner with respect to the development and implementation of the joint strategic plan;

“(F) 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;

“(G) 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));

“(H) directing the administration of customs revenue functions as otherwise provided by law or delegated by the Commissioner; and

“(I) 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—

“(i) a summary of the changes to customs policies and regulations adopted by the Agency during the preceding calendar year; and

“(ii) a description of the public vetting and interagency consultation that occurred with respect to each such change.

“(4) Continuation in office—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.

“5. Office of International Affairs

“(a) Establishment of Office of International Affairs—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.

“(b) Assistant Commissioner for International Affairs

“(1) Appointment

“(A) In general—The Commissioner shall appoint an Assistant Commissioner for International Affairs who shall—

“(i) be the head of the Office of International Affairs; and

“(ii) report to the Deputy Commissioner for Trade of the U.S. Customs and Border Protection Agency.

“(B) Senior Executive Service position—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).

“(2) Qualifications—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.

“(3) Duties—The duties of the Assistant Commissioner for International Affairs shall include—

“(A) 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;

“(B) advising the Commissioner with respect to matters arising in the World Customs Organization and, if appropriate, the World Trade Organization and other international organizations;

“(C) ensuring that the policies and regulations of the Agency are consistent with the obligations of the United States pursuant to international agreements;

“(D) coordinating with other Federal agencies on international efforts to enhance trade facilitation and trade enforcement by the Agency;

“(E) coordinating with the customs authorities of foreign countries with respect to trade facilitation and, as appropriate, trade enforcement; and

“(F) providing training and capacity building to customs authorities of foreign countries.

“(4) Continuation in office—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.

“6. Coordination between the Assistant Commissioner for Trade and the Assistant Commissioner for Field Operations

“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—

“(1) trade facilitation and trade enforcement activities at United States ports of entry;

“(2) operational training of personnel within the Office of Field Operations at United States ports of entry to administer trade facilitation and trade enforcement activities;

“(3) 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;

“(4) 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;

“(5) 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;

“(6) 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;

“(7) 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;

“(8) 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

“(9) otherwise overseeing the trade facilitation and trade enforcement activities of personnel within the Office of Field Operations at United States ports of entry.

“7. Establishment of Trade Facilitation and Trade Enforcement Division in Office of Field Operations; Division personnel

“(a) Establishment—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.

“(b) Division personnel

“(1) Headquarters personnel—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).

“(2) Commercial enforcement officers

“(A) In general—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.

“(B) Assignment—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.

“(C) Duties—The duties of a commercial enforcement officer shall be—

“(i) 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;

“(ii) to coordinate with the Office of Trade all trade enforcement activities at that port of entry;

“(iii) to direct the training of personnel at that port of entry to effectuate the trade enforcement activities of the Office of Field Operations; and

“(iv) to otherwise conduct trade enforcement activities at that port of entry.

“8. Customs Facilitation and Enforcement Interagency Committee

“(a) Establishment—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.

“(b) Functions—The functions of the Committee shall include—

“(1) advising the Commissioner with respect to policies or regulations of the U.S. Customs and Border Protection Agency that may significantly affect—

“(A) the trade facilitation and trade enforcement missions of the Agency; or

“(B) the international trade policy, trade commitments, or trade competitiveness of the United States;

“(2) 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;

“(3) reviewing recommendations of and addressing concerns identified by the Customs Facilitation and Enforcement Review Group established under subsection (d); and

“(4) such other functions as are agreed on by the Commissioner and the members of the Committee.

“(c) Membership—The members of the Committee shall be the following:

“(1) The Commissioner.

“(2) The Deputy Commissioner for Trade of the U.S. Customs and Border Protection Agency.

“(3) The Assistant Secretary for Tax Policy of the Department of the Treasury.

“(4) The Administrator of the Animal and Plant Health Inspection Service of the Department of Agriculture.

“(5) The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the Department of Justice.

“(6) The Chairman of the Consumer Product Safety Commission.

“(7) The Administrator of the Environmental Protection Agency.

“(8) The Commissioner of Food and Drugs of the Department of Health and Human Services.

“(9) The Administrator of the Food Safety and Inspection Service of the Department of Agriculture.

“(10) The Director of U.S. Immigration and Customs Enforcement of the Department of Homeland Security.

“(11) The Administrator of the National Highway Traffic Safety Administration of the Department of Transportation.

“(12) The Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration of the Department of Commerce.

“(13) The Under Secretary for International Trade of the Department of Commerce.

“(14) A Deputy United States Trade Representative.

“(15) Senior officials of such other Federal agencies as the Commissioner determines appropriate.

“(d) Customs Facilitation and Enforcement Review Group

“(1) Establishment—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.

“(2) Membership—The members of the Review Group shall be—

“(A) 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

“(B) a senior official of each agency represented on the Committee.

“(3) Meetings—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.

“(4) Functions—The functions of the Review Group shall include—

“(A) 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—

“(i) the trade facilitation and trade enforcement missions of the Agency; or

“(ii) the international trade policy, trade commitments, or trade competitiveness of the United States;

“(B) 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

“(C) such other functions as the Committee may direct.”

“(a) Director of Trade Policy

“(1) In general—There shall be in the Office of Policy of the Department of Homeland Security a Director of Trade Policy, who shall—

“(A) coordinate with the Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement to ensure that the economic security interests of the United States associated with international trade, including trade facilitation and trade enforcement (as defined in section 2 of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013), are considered in the development and implementation of policies within the Department of Homeland Security;

“(B) engage with law enforcement and customs authorities of foreign countries and private sector entities to build on existing efforts to develop, strengthen, and implement international standards for securing key systems of the global economy and more effectively facilitating trade; and

“(C) submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, not later than December 15 of each year, a report describing how the Department of Homeland Security accounted for the economic security interests of the United States associated with international trade, including trade facilitation and trade enforcement, in developing and implementing policies during the preceding fiscal year.

“(2) Qualifications—The Director of Trade Policy shall have significant experience in the development, operation, or administration of the customs and trade laws of the United States (as defined in section 2 of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013).”

“(c) New personnel—Not later than 90 days after the date of the enactment of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013, the Secretary of the Treasury shall designate and dedicate not fewer than 5 and not more than 20 full-time equivalent personnel to work exclusively with the Deputy Assistant Secretary of the Treasury for Tax, Trade, and Tariff Policy in the performance and oversight of customs revenue functions.”

“442. Establishment of U.S. Immigration and Customs Enforcement Agency; Director

“(a) Establishment of agency—There shall be in the Department of Homeland Security an agency to be known as the U.S. Immigration and Customs Enforcement Agency.

“(b) Establishment of Director

“(1) In general—The head of the U.S. Immigration and Customs Enforcement Agency shall be a Director of U.S. Immigration and Customs Enforcement (in this section referred to as the Director), who shall—

“(A) be appointed by the President, by and with the advice and consent of the Senate;

“(B) carry out the duties and powers described in subsection (c), prescribed by law, and prescribed by the Secretary of Homeland Security;

“(C) report directly to the Secretary of Homeland Security; and

“(D) have a minimum of 5 years professional experience in law enforcement, and a minimum of 5 years of management experience.

“(2) Committee referral—As an exercise of the rulemaking power of the Senate, any nomination for Director shall be referred to the Committee on Finance. If the Committee on Finance has not reported such nomination at the close of the 30th day after its referral to such Committee, the Committee shall be automatically discharged from further consideration of such nomination and such nomination shall be referred to the Committee on the Judiciary.

“(3) Compensation—The Director 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.

“(c) Duties of Director—The duties of the Director shall include—

“(1) establishing and overseeing the administration of policies with respect to functions—

“(A) performed under the detention and removal program, the intelligence program, and the investigations program that were transferred to the Under Secretary for Border and Transportation Security by section 441 and delegated to the Assistant Secretary for U.S. Immigration and Customs Enforcement on the day before the date of the enactment of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013; and

“(B) otherwise vested in the Assistant Secretary on the day before such date of enactment;

“(2) advising the Secretary with respect to any policy or operation of the U.S. Immigration and Customs Enforcement Agency that may affect the U.S. Citizenship and Immigration Services established under subtitle E, including potentially conflicting policies and operations;

“(3) conducting and coordinating investigations of violations of the customs and trade laws of the United States (as defined in section 2 of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013) and, when appropriate, referring alleged violations of such laws for criminal prosecution;

“(4) coordinating efforts with law enforcement and customs authorities of foreign countries to investigate violations of customs and trade laws; and

“(5) coordinating with the Commissioner of U.S. Customs and Border Protection with respect to investigations of violations of the customs and trade laws of the United States and ensuring 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.

“(d) Deputy director—The Director is authorized to appoint, in the U.S. Immigration and Customs Enforcement Agency established under subsection (a), one Deputy Director who shall assist the Director in the management of the Agency and who shall act for the Director during the absence or disability of the Director or in the event that the position of Director is vacant.

“(e) Additional officers—The Director may appoint such officers as are necessary to manage the individual offices within the U.S. Immigration and Customs Enforcement Agency.

“(f) Program To Collect information relating to foreign students—The Director shall be responsible for administering the program to collect information relating to nonimmigrant foreign students and other exchange program participants described in section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372), including the Student and Exchange Visitor Information System established pursuant to that section, and shall use such information to carry out the enforcement functions of the U.S. Immigration and Customs Enforcement Agency.

“(g) Chief of policy and strategy

“(1) In general—There shall be a position of Chief of Policy and Strategy for the U.S. Immigration and Customs Enforcement Agency.

“(2) Functions—In consultation with personnel in local offices of the Agency, the Chief of Policy and Strategy shall be responsible for—

“(A) making policy recommendations and performing policy research and analysis on immigration enforcement issues; and

“(B) coordinating immigration policy issues with the Chief of Policy and Strategy for the Bureau of Citizenship and Immigration Services established under section 451(c), as appropriate.

“(h) Legal advisor—There shall be a principal legal advisor to the Director. The legal advisor shall provide specialized legal advice to the Director and shall represent the U.S. Immigration and Customs Enforcement Agency in all exclusion, deportation, and removal proceedings before the Executive Office for Immigration Review.”

“123A. Joint strategic plan on trade facilitation and trade enforcement

“(a) In general—Not later than one year after the date of the enactment of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013, and every 2 years thereafter, the Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement shall jointly develop and submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a joint strategic plan on trade facilitation and trade enforcement.

“(b) Contents—The joint strategic plan required by subsection (a) shall be comprised of a comprehensive multiyear plan for trade facilitation and trade enforcement and shall include—

“(1) a summary of actions taken during the 2-year period preceding the submission of the report to improve trade facilitation and trade enforcement, including a description and analysis of specific performance measures to evaluate the progress of the U.S. Customs and Border Protection Agency and the U.S. Immigration and Customs Enforcement Agency with respect to trade facilitation and trade enforcement;

“(2) a statement of objectives and plans for further improving trade facilitation and trade enforcement;

“(3) a statement of objectives and plans to strengthen the economic security and competitiveness of the United States;

“(4) a designation of priority trade issues that that can be addressed in order to enhance trade facilitation and trade enforcement and a description of strategies, plans, and metrics for addressing each such issue;

“(5) a description of efforts made to improve consultation and coordination among Federal agencies, and in particular between the U.S. Customs and Border Protection Agency and the U.S. Immigration and Customs Enforcement Agency, to enhance trade facilitation and trade enforcement;

“(6) a description of efforts to work with the World Customs Organization, the World Trade Organization, and other international organizations with respect to enhancing trade facilitation and trade enforcement;

“(7) a description of efforts made to improve consultation and coordination with the private sector to enhance trade facilitation and trade enforcement;

“(8) a description of the training that has occurred during the 2-year period preceding the submission of the report within the U.S. Customs and Border Protection Agency and the U.S. Immigration and Customs Enforcement Agency to improve trade facilitation and trade enforcement;

“(9) a specific identification of any domestic or international best practices or technologies that may further improve trade facilitation and trade enforcement; and

“(10) any legislative recommendations to further improve trade facilitation and trade enforcement.

“(c) Consultations—In developing the joint strategic plan required by subsection (a), the Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement shall consult with—

“(1) appropriate officials of agencies represented on the Customs Facilitation and Enforcement Interagency Committee established under section 8 of the Act of March 3, 1927, and such other agencies as the Commissioner or the Director determine appropriate; and

“(2) the Customs Operations Advisory Committee and the Trade Support Network, as appropriate.

“(d) Definitions—In this section, the terms Customs Operations Advisory Committee, 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.”