H. R. 5005—45
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.
(2) COMPENSATION.—Section 5314 of title 5, United States
Code, is amended by striking
‘‘Commissioner of Customs, Department of the Treasury’’
and inserting
‘‘Commissioner of Customs, Department of Homeland Secu-
rity.’’.
(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 Cus-
toms is appointed under paragraph (1).
SEC. 412. RETENTION OF CUSTOMS REVENUE FUNCTIONS BY SEC-
RETARY 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 Sec-
retary 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 para-
graph (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 Implementa-
tion 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 Sec-
retary 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 estab-
lished under section 411) on or after the effective date of
this Act, reduce the staffing level, or reduce the resources
H. R. 5005—46
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 author-
ized to appoint up to 20 new personnel to work with personnel
of the Department in performing customs revenue functions.
SEC. 413. PRESERVATION OF CUSTOMS FUNDS.
Notwithstanding any other provision of this Act, no funds avail-
able to the United States Customs Service or collected under para-
graphs (1) through (8) of section 13031(a) of the Consolidated Omni-
bus Budget Reconciliation Act of 1985 may be transferred for use
by any other agency or office in the Department.
SEC. 414. SEPARATE BUDGET REQUEST FOR CUSTOMS.
The President shall include in each budget transmitted to Con-
gress under section 1105 of title 31, United States Code, a separate
budget request for the United States Customs Service.
SEC. 415. DEFINITION.
In this subtitle, the term ‘‘customs revenue function’’ means
the following:
(1) Assessing and collecting customs duties (including anti-
dumping and countervailing duties and duties imposed under
safeguard provisions), excise taxes, fees, and penalties due on
imported merchandise, including classifying and valuing mer-
chandise for purposes of such assessment.
(2) Processing and denial of entry of persons, baggage,
cargo, and mail, with respect to the assessment and collection
of import duties.
(3) Detecting and apprehending persons engaged in fraudu-
lent practices designed to circumvent the customs laws of the
United States.
(4) Enforcing section 337 of the Tariff Act of 1930 and
provisions relating to import quotas and the marking of
imported merchandise, and providing Customs Recordations
for copyrights, patents, and trademarks.
(5) Collecting accurate import data for compilation of inter-
national trade statistics.
(6) Enforcing reciprocal trade agreements.
(7) 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 Special-
ists, Entry Specialists, Drawback Specialists, National Import
Specialist, Fines and Penalties Specialists, attorneys of the
Office of Regulations and Rulings, Customs Auditors, Inter-
national Trade Specialists, Financial Systems Specialists.
(8) Functions performed by the following offices, with
respect to any function described in any of paragraphs (1)
through (7), and associated support staff, of the United States
H. R. 5005—47
Customs Service on the day before the effective date of this
Act: the Office of Information and Technology, the Office of
Laboratory Services, the Office of the Chief Counsel, the Office
of Congressional Affairs, the Office of International Affairs,
and the Office of Training and Development.
SEC. 416. GAO REPORT TO CONGRESS.
Not later than 3 months after the effective date of this Act,
the Comptroller General of the United States shall submit to Con-
gress a report that sets forth all trade functions performed by
the executive branch, specifying each agency that performs each
such function.
SEC. 417. ALLOCATION OF RESOURCES BY THE SECRETARY.
(a) IN GENERAL.—The Secretary shall ensure that adequate
staffing is provided to assure that levels of customs revenue services
provided on the day before the effective date of this Act shall
continue to be provided.
(b) NOTIFICATION OF CONGRESS.—The Secretary shall notify
the Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate at least 90 days
prior to taking any action which would—
(1) result in any significant reduction in customs revenue
services, including hours of operation, provided at any office
within the Department or any port of entry;
(2) eliminate or relocate any office of the Department which
provides customs revenue services; or
(3) eliminate any port of entry.
(c) DEFINITION.—In this section, the term ‘‘customs revenue
services’’ means those customs revenue functions described in para-
graphs (1) through (6) and paragraph (8) of section 415.
SEC. 418. REPORTS TO CONGRESS.
(a) CONTINUING REPORTS.—The United States Customs Service
shall, on and after the effective date of this Act, continue to submit
to the Committee on Ways and Means of the House of Representa-
tives and the Committee on Finance of the Senate any report
required, on the day before such the effective date of this Act,
to be so submitted under any provision of law.
(b) REPORT
ON CONFORMING AMENDMENTS.—Not later than
60 days after the date of enactment of this Act, the Secretary
of the Treasury shall submit a report to the Committee on Finance
of the Senate and the Committee on Ways and Means of the
House of Representatives of proposed conforming amendments to
the statutes set forth under section 412(a)(2) in order to determine
the appropriate allocation of legal authorities described under this
subsection. The Secretary of the Treasury shall also identify those
authorities vested in the Secretary of the Treasury that are exer-
cised by the Commissioner of Customs on or before the effective
date of this section.
SEC. 419. CUSTOMS USER FEES.
(a) IN GENERAL.—Section 13031(f) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)) is amended—
(1) in paragraph (1), by striking subparagraph (B) and
inserting the following:
H. R. 5005—48
‘‘(B) amounts deposited into the Customs Commercial
and Homeland Security Automation Account under para-
graph (5).’’;
(2) in paragraph (4), by striking ‘‘(other than the excess
fees determined by the Secretary under paragraph (5))’’; and
(3) by striking paragraph (5) and inserting the following:
‘‘(5)(A) There is created within the general fund of the Treasury
a separate account that shall be known as the ‘Customs Commercial
and Homeland Security Automation Account’. In each of fiscal years
2003, 2004, and 2005 there shall be deposited into the Account
from fees collected under subsection (a)(9)(A), $350,000,000.
‘‘(B) There is authorized to be appropriated from the Account
in fiscal years 2003 through 2005 such amounts as are available
in 
that 
Account 
for 
the 
development, 
establishment, 
and
implementation of the Automated Commercial Environment com-
puter system for the processing of merchandise that is entered
or released and for other purposes related to the functions of the
Department of Homeland Security. Amounts appropriated pursuant
to this subparagraph are authorized to remain available until
expended.
‘‘(C) In adjusting the fee imposed by subsection (a)(9)(A) for
fiscal year 2006, the Secretary of the Treasury shall reduce the
amount estimated to be collected in fiscal year 2006 by the amount
by which total fees deposited to the Account during fiscal years
2003, 2004, and 2005 exceed total appropriations from that
Account.’’.
(b) CONFORMING AMENDMENT.—Section 311(b) of the Customs
Border Security Act of 2002 (Public Law 107–210) is amended
by striking paragraph (2).
Subtitle C—Miscellaneous Provisions
SEC. 421. TRANSFER OF CERTAIN AGRICULTURAL INSPECTION FUNC-
TIONS OF THE DEPARTMENT OF AGRICULTURE.
(a) TRANSFER OF AGRICULTURAL IMPORT AND ENTRY INSPECTION
FUNCTIONS.—There shall be transferred to the Secretary the func-
tions of the Secretary of Agriculture relating to agricultural import
and entry inspection activities under the laws specified in subsection
(b).
(b) COVERED ANIMAL AND PLANT PROTECTION LAWS.—The laws
referred to in subsection (a) are the following:
(1) The Act commonly known as the Virus-Serum-Toxin
Act (the eighth paragraph under the heading ‘‘Bureau of Animal
Industry’’ in the Act of March 4, 1913; 21 U.S.C. 151 et seq.).
(2) Section 1 of the Act of August 31, 1922 (commonly
known as the Honeybee Act; 7 U.S.C. 281).
(3) Title III of the Federal Seed Act (7 U.S.C. 1581 et
seq.).
(4) The Plant Protection Act (7 U.S.C. 7701 et seq.).
(5) The Animal Health Protection Act (subtitle E of title
X of Public Law 107–171; 7 U.S.C. 8301 et seq.).
(6) The Lacey Act Amendments of 1981 (16 U.S.C. 3371
et seq.).
(7) Section 11 of the Endangered Species Act of 1973 (16
U.S.C. 1540).