SEC. 411. [6 U.S.C. 211] ESTABLISHMENT; COMMISSIONER OF CUSTOMS.

(a) Establishment.--There is established in the Department

the United States Customs Service, under the authority of the

Under Secretary for Border and Transportation Security, which

shall be vested with those functions including, but not limited

to those set forth in section 415(7), and the personnel,

assets, and liabilities attributable to those functions.

(b) Commissioner of Customs.--

(1) In general.--There shall be at the head of the

Customs Service a Commissioner of Customs, who shall be

appointed by the President, by and with the advice and

consent of the Senate.

* * * * * * *

(3) Continuation in office.--The individual serving

as the Commissioner of Customs on the day before the

effective date of this Act may serve as the

Commissioner of Customs on and after such effective

date until a Commissioner of Customs is appointed under

paragraph (1).

SEC. 412. [6 U.S.C. 212] RETENTION OF CUSTOMS REVENUE FUNCTIONS BY

SECRETARY OF THE TREASURY.

(a) Retention of Customs Revenue Functions by Secretary of

the Treasury.--

(1) Retention of authority.--Notwithstanding

section 403(a)(1), authority related to Customs revenue

functions that was vested in the Secretary of the

Treasury by law before the effective date of this Act

under those provisions of law set forth in paragraph

(2) shall not be transferred to the Secretary by reason

of this Act, and on and after the effective date of

this Act, the Secretary of the Treasury may delegate

any such authority to the Secretary at the discretion

of the Secretary of the Treasury. The Secretary of the

Treasury shall consult with the Secretary regarding the

exercise of any such authority not delegated to the

Secretary.

(2) Statutes.--The provisions of law referred to in

paragraph (1) are the following: the Tariff Act of

1930; section 249 of the Revised Statutes of the United

States (19 U.S.C. 3); section 2 of the Act of March 4,

1923 (19 U.S.C. 6); section 13031 of the Consolidated

Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.

58c); section 251 of the Revised Statutes of the United

States (19 U.S.C. 66); section 1 of the Act of June 26,

1930 (19 U.S.C. 68); the Foreign Trade Zones Act (19

U.S.C. 81a et seq.); section 1 of the Act of March 2,

1911 (19 U.S.C. 198); the Trade Act of 1974; the Trade

Agreements Act of 1979; the North American Free Trade

Area Implementation Act; the Uruguay Round Agreements

Act; the Caribbean Basin Economic Recovery Act; the

Andean Trade Preference Act; the African Growth and

Opportunity Act; and any other provision of law vesting

customs revenue functions in the Secretary of the

Treasury.

(b) Maintenance of Customs Revenue Functions.--

(1) Maintenance of functions.--Notwithstanding any

other provision of this Act, the Secretary may not

consolidate, discontinue, or diminish those functions

described in paragraph (2) performed by the United

States Customs Service (as established under section

411) on or after the effective date of this Act, reduce

the staffing level, or reduce the resources

attributable to such functions, and the Secretary shall

ensure that an appropriate management structure is

implemented to carry out such functions.

(2) Functions.--The functions referred to in

paragraph (1) are those functions performed by the

following personnel, and associated support staff, of

the United States Customs Service on the day before the

effective date of this Act: Import Specialists, Entry

Specialists, Drawback Specialists, National Import

Specialist, Fines and Penalties Specialists, attorneys

of the Office of Regulations and Rulings, Customs

Auditors, International Trade Specialists, Financial

Systems Specialists.

(c) New Personnel.--The Secretary of the Treasury is

authorized to appoint up to 20 new personnel to work with

personnel of the Department in performing customs revenue

functions.

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