1] 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
State