I 118th CONGRESS 2d Session H. R. 10366 IN THE HOUSE OF REPRESENTATIVES December 11, 2024 Mr. James introduced the following bill; which was referred to the Committee on Ways and Means A BILL To reauthorize the African Growth and Opportunity Act.

1. Short title; table of contents (a) Short title This Act may be cited as the AGOA Extension and Enhancement Act of 2024 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Extension of African Growth and Opportunity Act. Sec. 3. Review, enforcement, and reporting requirements. Sec. 4. Improving utilization of African Growth and Opportunity Act. Sec. 5. Graduation of beneficiary sub-Saharan African countries. Sec. 6. Modification of eligibility requirements. Sec. 7. Report on enforcement of prohibition on importation of goods made with forced labor. Sec. 8. Reports on implementation and potential trade agreements. Sec. 9. United States International Trade Commission report on expanding articles covered by African Growth and Opportunity Act. Sec. 10. African Growth and Opportunity Act forum and other updates. Sec. 11. Updating protections against transshipment of certain textiles and apparel articles. Sec. 12. Technical corrections. 2. Extension of African Growth and Opportunity Act (a) In general Section 506B of the Trade Act of 1974 ( 19 U.S.C. 2466b ) is amended by striking September 30, 2025 and inserting September 30, 2037 . (b) African Growth and Opportunity Act (1) In general Section 112(g) of the African Growth and Opportunity Act ( 19 U.S.C. 3721(g) ) is amended by striking September 30, 2025 and inserting September 30, 2037 . (2) Extension of regional apparel article program Section 112(b)(3)(A) of the African Growth and Opportunity Act ( 19 U.S.C. 3721(b)(3)(A) ) is amended— (A) in clause (i), by striking 21 succeeding and inserting 33 succeeding ; and (B) in clause (ii)(II), by striking September 30, 2025 and inserting September 30, 2037 . (3) Extension of third-country fabric program Section 112(c)(1) of the African Growth and Opportunity Act ( 19 U.S.C. 3721(c)(1) ) is amended— (A) in the paragraph heading, by striking September 30, 2025 and inserting September 30, 2037 ; (B) in subparagraph (A), by striking September 30, 2025 and inserting September 30, 2037 ; and (C) in subparagraph (B)(ii), by striking September 30, 2025 and inserting September 30, 2037 . (c) Reporting requirement Section 110(c) of the Trade Preferences Extension Act of 2015 ( 19 U.S.C. 3705 note) is amended by striking “September 30, 2025” and inserting “September 30, 2037”. 3. Review, enforcement, and reporting requirements (a) In general Section 506A(a) of the Trade Act of 1974 ( 19 U.S.C. 2466a(a) ) is amended by striking paragraphs (2) and (3) and inserting the following: (2) Monitoring and review of certain countries (A) Biennial review (i) In general Not less frequently than once every 2 years, the President shall monitor, review, and report to Congress on the progress of each country listed in section 107 of the African Growth and Opportunity Act ( 19 U.S.C. 3706 ) in meeting the requirements described in paragraph (1) in order to determine the current or potential eligibility of the country to be designated as a beneficiary sub-Saharan African country for purposes of this section. (ii) Reporting The President’s determinations, and explanations of such determinations, with specific analysis of the eligibility requirements described in paragraph (1)(A), shall be included in the biennial report required by section 106(a)(1). (iii) Frequency The President shall conduct full reviews pursuant to subsection (i) with respect to a subset of countries listed in section 107 of the African Growth and Opportunity Act chosen in a manner that ensures that on an annual basis full reviews are conducted for at least one half of the countries listed in section 107 of the African Growth and Opportunity Act and to ensure that every country listed in such section 107 is reviewed at least once every 2 years. (B) Out of cycle review (i) In general The President may, at any time, initiate an out-of-cycle review of whether a beneficiary sub-Saharan African country is making continual progress in meeting the requirements described in paragraph (1). The President shall give due consideration to petitions received under subsection (d)(3) in determining whether to initiate an out-of-cycle review under this subparagraph. (ii) Public notice The President shall also publicly announce the commencement of each out-of-cycle review conducted pursuant to this subparagraph unless, upon prior consultation with the appropriate congressional committees, the President determines that such an announcement would not be in the national security or foreign policy interest of the United States. For each review so publicly announced, the President shall also publicly announce the results of the review when concluded. (C) Initiation of out-of-cycle reviews by Congress If the chairperson and ranking member of one of the appropriate congressional committees jointly submit a request for an out-of-cycle review of a beneficiary sub-Saharan African country based on the assertion that the country is not making continual progress in meeting the requirements described in paragraph (1), the President shall— (i) not later than 15 days after receiving the request, initiate an out-of-cycle review of whether the country is making continual progress in meeting those requirements; and (ii) not later than 45 days after receiving the request, submit a classified or unclassified report to the appropriate congressional committees on the review that includes— (I) the determination of the President, pursuant to the review, of whether or not the country is making continual progress in meeting the requirements described in paragraph (1); (II) a description of the considerations entering into that determination, including a specific analysis of the requirements described in paragraph (1); and (III) if the President determines that the country is not making continual progress in meeting those requirements, the matters described in clauses (ii) through (iv) of paragraph (4)(B). (D) Delegation If the President delegates responsibility for conducting reviews under subparagraphs (A), (B), and (C), the President shall delegate that responsibility jointly to— (i) the United States Trade Representative or a designee of the Trade Representative serving in a position to which the designee was appointed by the President by and with the advice and consent of the Senate; and (ii) the Secretary of State or a designee of the Secretary serving in a position to which the designee was appointed by the President by and with the advice and consent of the Senate. (3) Continuing compliance (A) In general If, pursuant to a review conducted under paragraph (2), the President determines that a beneficiary sub-Saharan African country is not making continual progress in meeting the requirements described in paragraph (1), the President shall, subject to paragraph (4)— (i) terminate the designation of that country as a beneficiary sub-Saharan African country for purposes of this section; (ii) withdraw, suspend, or limit the application of duty-free treatment to any article of the country that is described in subsection (b)(1) or section 112 of the African Growth and Opportunity Act ( 19 U.S.C. 3721 ); (iii) issue a warning letter to the country detailing concerns with the lack of progress of the country in meeting the requirements described in paragraph (1) and providing notice that, if corrective action is not taken before the next review of the country under paragraph (2), the President may take action under clause (i) or (ii) based on the results of that review; or (iv) take no action under clause (i), (ii), or (iii) if the President determines that— (I) the compliance of the country with the requirements described in paragraph (1) will be most effectively promoted by other means; or (II) the economic and foreign policy interests of the United States will be most effectively advanced by taking no action. (B) Effective date An action taken under subparagraph (A) shall be effective with respect to a country— (i) for biennial reviews conducted under paragraph (2)(A), on January 1 of the year following the year in which the determination that the country is not making continual progress in meeting the requirements described in paragraph (1) is made; (ii) for out-of-cycle reviews conducted under subparagraph (B) or (C) of paragraph (2), not later than 90 days after such a determination is made. (4) Notification, reporting, and briefing (A) Notification If, pursuant to a review conducted under paragraph (2), the President determines that a beneficiary sub-Saharan African country is not making continual progress in meeting the requirements described in paragraph (1), the President shall notify the appropriate congressional committees and the government of the country of the President’s determination and any action the President is considering taking not less than 60 days before taking any action with respect to the country under paragraph (3)(A) or determining to take no action as described in clause (iv) of that paragraph. (B) Report required Not later than 15 days after providing notification under subparagraph (A) with respect to a country, the President shall submit to the appropriate congressional committees a classified or unclassified report, informed by the United States Trade Representative and the Secretary of State, that includes— (i) a description of the considerations entering into the determination that the country is not making continual progress in meeting the requirements described in paragraph (1), including a specific analysis of those requirements; (ii) an analysis of the expected economic and political effects of— (I) the action the President intends to take under paragraph (3)(A) with respect to the country; or (II) taking no action, if the President determines to take no action as described in clause (iv) of that paragraph; (iii) an explanation of the role of the action or determination to take no action in the overall strategy of the United States toward the country; and (iv) an explanation of what actions by the country would result in the restoration of, as applicable— (I) the designation of the country as a beneficiary sub-Saharan African country for purposes of this section; or (II) the application of duty-free treatment to articles of the country. (C) Briefing required Not later than 30 days after providing notification under subparagraph (A), the United States Trade Representative and the Secretary of State shall provide briefings to the appropriate congressional committees addressing— (i) the findings of the review conducted under paragraph (2); and (ii) the contents of the report required by subparagraph (B). . (b) Conforming amendments Title V of the Trade Act of 1974 ( 19 U.S.C. 2461 et seq. ) is amended— (1) in section 506A ( 19 U.S.C. 2466a )— (A) by striking subsection (c); (B) in subsection (d), by striking paragraph (4); and (C) in subsection (e)— (i) by striking Beneficiary Sub-Saharan African Countries, Etc .—For purposes of this title— and inserting Definitions .—In this title: ; (ii) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (iii) by inserting before paragraph (2), as so redesignated, the following: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Ways and Means and the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Finance and the Committee on Foreign Relations of the Senate. ; and (2) in section 506B ( 19 U.S.C. 2466b ), by striking section 506A(c) and inserting section 506A(e) . 4. Improving utilization of African Growth and Opportunity Act (a) Modification of designation authority (1) In general Section 506A(a)(1) of the Trade Act of 1974 ( 19 U.S.C. 2466a(a)(1) ) is amended— (A) in subparagraph (A), by striking and at the end; (B) in subparagraph (B), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (C) if the country has published an AGOA utilization strategy that meets the requirements of section 118 of the African Growth and Opportunity Act. . (2) Applicability The amendments made by paragraph (1)— (A) take effect on the date of the enactment of this Act; and (B) apply with respect to a country that is a beneficiary sub-Saharan African country as of such date of enactment and that has not published a national utilization strategy as required by section 118 of the African Growth and Opportunity Act (as added by subsection (b)) by the date that is not later than 1 year after such date of enactment. (b) Biennial utilization strategies Subtitle B of the African Growth and Opportunity Act ( 19 U.S.C. 3721 et seq. ) is amended by adding at the end the following: 118. Biennial utilization strategies (a) Sense of Congress (1) In general It is the sense of Congress that— (A) beneficiary sub-Saharan African countries should develop utilization strategies on a biennial basis in order to more effectively and strategically utilize benefits available under this Act and section 506A of the Trade Act of 1974 ( 19 U.S.C. 2466a ) (in this section referred to as AGOA utilization strategies ); (B) United States trade capacity building agencies should work with, and provide appropriate resources to, such sub-Saharan African countries to assist in developing and implementing biennial AGOA utilization strategies; and (C) as appropriate, and to encourage greater regional integration, the United States Trade Representative should consider requesting the Regional Economic Communities to prepare biennial AGOA utilization strategies. (2) Contents It is further the sense of Congress that biennial AGOA utilization strategies should identify strategic needs and priorities to bolster utilization of benefits available under this Act. To that end, biennial AGOA utilization strategies should— (A) review potential exports under this Act and section 506A of the Trade Act of 1974 ( 19 U.S.C. 2466a ) and identify opportunities and obstacles to increased trade and investment and enhanced poverty reduction efforts; (B) identify obstacles to regional integration that inhibit utilization of benefits under this Act and section 506A of the Trade Act of 1974; (C) set out a plan to take advantage of opportunities and address obstacles identified in subparagraphs (A) and (B), improve awareness of this Act as a program that enhances exports to the United States, and utilize United States Agency for International Development regional trade hubs; (D) set out a strategy to promote small business and entrepreneurship; and (E) eliminate obstacles to regional trade and promote greater utilization of benefits under this Act and section 506A of the Trade Act of 1974 and establish a plan to promote full regional implementation of the Agreement on Trade Facilitation of the World Trade Organization. (3) Publication It is further the sense of Congress that— (A) each beneficiary sub-Saharan African country should publish on an appropriate internet website of such country public versions of its AGOA utilization strategy; and (B) the United States Trade Representative should publish on the internet website of the Office of the United States Trade Representative public versions of all AGOA utilization strategies described in subparagraph (A). (b) Assistance To implement utilization strategies (1) Eligibility Each beneficiary sub-Saharan African country that has published an AGOA utilization strategy as described in paragraph (3) of subsection (a) that meets the criteria described in paragraph (2) of that subsection is eligible for the assistance described in paragraph (2). (2) Trade capacity building assistance The Administrator of the United States Agency for International Development should assist each country that is eligible under paragraph (1) in the implementation of the AGOA utilization strategy of the country, including assistance in— (A) developing a business environment conducive to international trade and investment; (B) establishing trade-related infrastructure and industrial zones; (C) conducting export promotion activities; (D) modernizing and improving customs operations and procedures; (E) meeting sanitary and phytosanitary standards; (F) minimizing technical barriers to trade; (G) protecting intellectual property rights; (H) implementing the Agreement on Trade Facilitation of the World Trade Organization; (I) furthering labor and environmental standards; and (J) other trade capacity building activities. (c) Beneficiary sub-Saharan african country defined In this section, the term beneficiary sub-Saharan African country has the meaning given that term in section 506A(e) of the Trade Act of 1974 ( 19 U.S.C. 2466a(f) ). . (c) Clerical amendment The table of contents for the African Growth and Opportunity Act is amended by inserting after the item relating to section 117 the following: Sec. 118. Biennial utilization strategies. . (d) Conforming repeal Section 107 of the Trade Preferences Extension Act of 2015 ( Public Law 114–27 ; 129 Stat. 368) is repealed. 5. Graduation of beneficiary sub-Saharan African countries (a) Graduation Section 506A of the Trade Act of 1974 ( 19 U.S.C. 2466a ) is amended by inserting after subsection (b) the following: (c) Mandatory graduation of high income countries (1) In general Except as provided by paragraph (2), if the President determines that a beneficiary sub-Saharan African country has been classified, under the official statistics of the International Bank for Reconstruction and Development, as a high income country for a period of 5 consecutive years, the President shall terminate the designation of the country as a beneficiary sub-Saharan African country for purposes of this section and as a beneficiary developing country for purposes of this title, effective on January 1 of the second year following the year in which that determination is made. (2) Exception After a country has been designated as high income for a period of 5 consecutive years as described in paragraph (1), the President may elect to maintain the designation of the country as a beneficiary sub-Saharan African country for purposes of this section and as a beneficiary developing country for purposes of this title for not more than an additional 5 years to allow for the negotiation of a free trade agreement with that country, in accordance with the policy described in section 116(a) of the African Growth and Opportunity Act ( 19 U.S.C. 3723(a) ). . (b) Conforming amendments Title V of the Trade Act of 1974 ( 19 U.S.C. 2461 et seq. ) is amended— (1) in section 502(e), by striking If the President and inserting Except as provided by section 506A(c), if the President ; and (2) in section 506A(a)(1)(B)— (A) by striking subsections (a), (d), and (e) and inserting subsections (a) and (d) ; and (B) by inserting (other than subsection (e) of that section) after in section 502 . 6. Modification of eligibility requirements (a) Mandatory designation Section 104 of the African Growth and Opportunity Act ( 19 U.S.C. 3703 ) is amended, in the matter preceding paragraph (1), by striking is authorized to and inserting shall . (b) Modification of requirements Section 104 of the African Growth and Opportunity Act ( 19 U.S.C. 3703 ) is amended— (1) in paragraph (1), by amending subparagraph (E) to read as follows: (E) the minimum standards for the elimination of corruption described in section 5404(a) of the Combating Global Corruption Act (subtitle A of title LIV of Public Law 118–31 ); ; (2) in paragraph (2), by striking ; and and inserting a semicolon; and (3) by striking paragraph (3) and inserting the following: (3) does not engage in gross violations of internationally recognized human rights, including as reflected in the annual Country Reports on Human Rights Practices of the Department of State, and cooperates in international efforts to eliminate human rights violations, including by not having been— (A) determined to be engaged in a pattern of gross violations of internationally recognized human rights for purposes of— (i) section 701 of the International Financial Institutions Act ( 22 U.S.C. 262d ); or (ii) section 116 or 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n and 2304); (B) listed under subparagraph (C) of section 110(b)(1) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(b)(1) ) (commonly referred to as tier 3 ) in the most recent report on trafficking in persons required under that section (commonly referred to as the Trafficking in Persons Report ); (C) identified on the list published by the Secretary of State pursuant to section 404(b) of the Child Soldiers Prevention Act of 2008 ( 22 U.S.C. 2370c–1(b) ) as a country that recruits and uses child soldiers; or (D) designated as a country of particular concern for religious freedom under section 402(b)(1)(A)(ii) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6442(b)(1)(A)(ii) ); (4) does not provide support for acts of international terrorism and cooperates in international efforts to eliminate terrorist activities, including by not having been determined by the Secretary of State to have repeatedly provided support for acts of international terrorism for purposes of— (A) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c)(1)(A)(i) ); (B) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); (C) section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) ); or (D) any other provision of law; and (5) is not subject to restrictions on the provision of assistance to a country the duly elected head of government of which is deposed by a coup d’état or decree under an Act making appropriations for the Department of State, foreign operations, and related programs. . 7. Report on enforcement of prohibition on importation of goods made with forced labor Section 112 of the African Growth and Opportunity Act ( 19 U.S.C. 3721 ) is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h); and (2) by inserting after subsection (e) the following: (f) Report required (1) In general Not later than 90 days after the date of the enactment of the AGOA Extension and Enhancement Act of 2024 , the Secretary of Commerce shall submit to the appropriate congressional committees a report on procedures in place to ensure that any country the textile and apparel articles of which are receiving preferential treatment under this section is not exporting those articles to the United States in violation of— (A) section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ); or (B) section 3 of the Act entitled An Act to ensure that goods made with forced labor in the Xinjiang Autonomous Region of the People’s Republic of China do not enter the United States market, and for other purposes , approved December 23, 2021 ( Public Law 117–78 ; 22 U.S.C. 6901 note) (commonly referred to as the Uyghur Forced Labor Prevention Act ). (2) Appropriate congressional committees defined In this subsection, the term appropriate congressional committees means— (A) the Committee on Ways and Means and the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Finance and the Committee on Foreign Relations of the Senate. . 8. Reports on implementation and potential trade agreements (a) In general Section 106 of the African Growth and Opportunity Act ( 19 U.S.C. 3705 ) is amended to read as follows: 106. Reports (a) Implementation report (1) In general Not later than December 31, 2024, and biennially thereafter, the President shall submit to Congress a report on the trade and investment relationship between the United States and sub-Saharan African countries and on the implementation of this Act and section 506A of the Trade Act of 1974 ( 19 U.S.C. 2466a ). (2) Matters to be included The report required by paragraph (1) shall include the following: (A) A description of the status of trade and investment between the United States and sub-Saharan Africa, including information on leading exports to the United States from sub-Saharan African countries. (B) Any changes in eligibility of sub-Saharan African countries during the period covered by the report. (C) A detailed analysis of whether each beneficiary sub-Saharan African country is continuing to meet the eligibility requirements set forth in section 104 and the eligibility criteria set forth in section 502 of the Trade Act of 1974 ( 19 U.S.C. 2462 ). (D) A description of the status of regional integration efforts in sub-Saharan Africa. (E) A summary of United States trade capacity building efforts. (F) Any other initiatives related to enhancing the trade and investment relationship between the United States and sub-Saharan African countries. (b) Potential trade agreements report Not later than December 31, 2024, and every 4 years thereafter, the United States Trade Representative shall submit to Congress a report that— (1) identifies sub-Saharan African countries that have a expressed an interest in entering into a free trade agreement with the United States; (2) evaluates the viability and progress of such sub-Saharan African countries and other sub-Saharan African countries toward entering into a free trade agreement with the United States; and (3) describes a plan for negotiating and concluding such agreements, which includes the elements described in subparagraphs (A) through (E) of section 116(b)(2). (c) Termination The reporting requirements of this section shall cease to have any force or effect after September 30, 2041. . (b) Clerical amendment The table of contents for the African Growth and Opportunity Act is amended by striking the item relating to section 106 and inserting the following: Sec. 106. Reports. . (c) Conforming repeal Section 110 of the AGOA Extension and Enhancement Act of 2015 ( Public Law 114–27 ; 19 U.S.C. 3705 note) is repealed. 9. United States International Trade Commission report on expanding articles covered by African Growth and Opportunity Act (a) In general Not later than 1 year after the date of the enactment of this Act, the United States International Trade Commission shall submit to the appropriate congressional committees a report evaluating options for expanding the range of articles eligible for duty-free treatment under the African Growth and Opportunity Act ( 19 U.S.C. 3701 et seq. ) and section 506A of the Trade Act of 1974 ( 19 U.S.C. 2466a ). (b) Hearing The Commission shall hold a hearing to solicit public input on what articles described in subsection (a) should be considered in the report required by that subsection. (c) Elements In preparing the report required by subsection (a), the Commission shall consider— (1) the extent to which duty-free treatment of articles described in that subsection could expand exportation of those articles to the United States; (2) the economic effects of expanded exportation of those articles on the economy of the country exporting the articles; and (3) the economic effects of expanded imports of those articles on the economy of the United States. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Ways and Means and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Finance and the Committee on Foreign Relations of the Senate. 10. African Growth and Opportunity Act forum and other updates Section 105 of the African Growth and Opportunity Act ( 19 U.S.C. 3704 ) is amended— (1) in subsection (c)(1), in the first sentence, by striking host the first annual meeting and inserting host a meeting on or before September 30 of each year, in the United States or in Sub-Saharan Africa, ; (2) in subsection (d)— (A) in the subsection heading, by striking USIS and inserting Department of Commerce ; and (B) by striking United States Information Service and inserting Department of Commerce ; and (3) by striking subsection (e). 11. Updating protections against transshipment of certain textiles and apparel articles (a) Repeal of outdated textile visa requirements The African Growth and Opportunity Act ( 19 U.S.C. 3701 et seq. ) is amended— (1) in section 112 ( 19 U.S.C. 3721 ), as amended by section 7— (A) by striking subsection (d); and (B) by redesignating subsections (e), (f), (g), and (h) as subsections (d), (e), (f), and (g) respectively; and (2) in section 113 ( 19 U.S.C. 3722 )— (A) in subsection (a)(1)— (i) in subparagraph (A), by striking an effective visa system, domestic laws, and inserting domestic laws ; (ii) in subparagraph (D), by striking the semicolon and inserting ; and ; (iii) in subparagraph (E), by striking ; and and inserting a period; and (iv) by striking subparagraph (F); (B) in subsection (b)(5), by striking the effectiveness of the visa systems and ; and (C) in subsection (c)(1)(A), by striking visa systems, legislation, and inserting legislation . (b) Modification of production verification team visits Section 113(c)(2) of the African Growth and Opportunity Act ( 19 U.S.C. 3722(c)(2) ) is amended to read as follows: (2) send production verification teams to beneficiary sub-Saharan African countries as necessary to verify compliance with this section; and . 12. Technical corrections (a) Sub-Saharan Africa defined Section 107 of the African Growth and Opportunity Act ( 19 U.S.C. 3706 ) is amended— (1) inserting after State of Eritrea (Eritrea). the following: Kingdom of Eswatini (Eswatini). ; (2) by striking Ethiopia and inserting Federal Democratic Republic of Ethiopia (Ethiopia) ; (3) by striking Somalia and inserting Federal Republic of Somalia (Somalia) ; and (4) by striking Kingdom of Swaziland (Swaziland). . (b) Name of U.S. Customs and Border Protection The African Growth and Opportunity Act ( 19 U.S.C. 3701 et seq. ) is amended— (1) in section 112(d) ( 19 U.S.C. 3721(d) ), in the flush text, by striking The Customs Service and inserting U.S. Customs and Border Protection ; and (2) in section 113 ( 19 U.S.C. 3722 )— (A) in subsection (a)(1)— (i) in subparagraph (B), by striking United States Customs Service and inserting U.S. Customs and Border Protection ; and (ii) by striking the United States Customs Service each place it appears and inserting U.S. Customs and Border Protection ; (B) in subsection (b)(5), by striking The Customs Service shall monitor and the Commissioner of Customs and inserting U.S. Customs and Border Protection shall monitor and the Commissioner of U.S. Customs and Border Protection ; and (C) in subsection (c)— (i) in the subsection heading, by striking Customs Service and inserting U.S. Customs and Border Protection ; and (ii) by striking The Customs Service and inserting U.S. Customs and Border Protection .