[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4955 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4955
To strengthen the Department of Justice's enforcement against trade-
related crimes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2024
Mr. Graham (for himself, Mr. Whitehouse, Mr. Cassidy, and Mr. Brown)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To strengthen the Department of Justice's enforcement against trade-
related crimes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting American Industry and
Labor from International Trade Crimes Act of 2024''.
SEC. 2. DEFINITION.
In this Act, the term ``trade-related crimes'' means violations of
law that are implicated by criminal activities in furtherance of the
evasion of duties, tariffs, and other import- and export-related fees,
import and export restrictions, or requirements imposed by the Tariff
Act of 1930, the Trade Expansion Act of 1962, or the Trade Act of 1974,
each as amended, the Countering America's Adversaries Through Sanctions
Act, as well as all other laws and regulations involving criminal
activities relating to United States imports and exports, money
laundering, and smuggling.
SEC. 3. ESTABLISHMENT OF NEW STRUCTURE TO PROSECUTE INTERNATIONAL TRADE
CRIMES.
(a) In General.--A task force, named program, or other similar
structure to investigate and prosecute trade-related crimes, with
particular emphasis on violations of the statutes enumerated in section
4(a)(2), will be established within the Criminal Division of the
Department of Justice within 120 days, after availability of
appropriations, and coordinated by a supervisory criminal trial
attorney selected by the Assistant Attorney General of the Criminal
Division or other official designated by the Attorney General.
(b) Implementation.--To support this effort, the Department of
Justice shall--
(1) create within the Criminal Division new positions for
criminal trial attorneys and associated support personnel
responsible for leading and coordinating trade-related crime
investigations and cases, including those that may
significantly impact more than one district;
(2) ensure that experienced and technically qualified
criminal prosecutors support this effort; and
(3) promote and ensure effective interaction with law
enforcement, industry representatives, and the public in
matters relating to trade-related crimes.
SEC. 4. DUTIES AND FUNCTIONS OF NEW TRADE CRIMES STRUCTURE.
(a) In General.--Through the efforts of the task force, named
program, or other structure identified in section 3(a), the Department
of Justice shall accomplish each of the following:
(1) Increase the capabilities and capacity of its Criminal
Division to prosecute trade-related crimes.
(2) Increase the number of trade-related crimes being
investigated and prosecuted pursuant but not limited to health,
safety, financial, and economic trade-related crimes under
titles 13, 15, 18, and 21, United States Code, including but
not limited to--
(A) 13 U.S.C. 305;
(B) 15 U.S.C. 2614-15;
(C) 18 U.S.C. 371;
(D) 18 U.S.C. 541;
(E) 18 U.S.C. 542;
(F) 18 U.S.C. 543;
(G) 18 U.S.C. 545;
(H) 18 U.S.C. 546;
(I) 18 U.S.C. 554;
(J) 18 U.S.C. 1001;
(K) 18 U.S.C. 1341;
(L) 18 U.S.C. 1343;
(M) 18 U.S.C. 1349;
(N) 18 U.S.C. 1956;
(O) 18 U.S.C. 1957;
(P) 18 U.S.C. 2320; and
(Q) 21 U.S.C. 331.
For the purposes of this Act, this list does not include
violations of national security-related laws and regulations,
including the Arms Export Control Act (22 U.S.C. 2771 et seq.),
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), Export Control and Reform Act (50 U.S.C. 4801 et seq.),
and the Trading with the Enemy Act (50 U.S.C. 4305(b)).
(3) Participate in basic and advanced training events with
Homeland Security Investigations, U.S. Customs and Border
Protection, and other Federal agencies and provide technical
assistance, where appropriate, to Homeland Security
Investigations and U.S. Customs and Border Protection and other
Federal agencies with respect to the investigation and
prosecution of trade-related crimes.
(4) Develop multijurisdictional responses and partnerships
with respect to trade-related crimes through informational,
administrative, and technological support to other Federal
agencies and agencies of countries that are trading partners of
the United States, as a means for such agencies to acquire the
necessary knowledge, personnel, and specialized equipment to
investigate and prosecute trade-related crimes.
(5) Participate in nationally coordinated investigations in
any case in which the Attorney General determines such
participation to be necessary, as permitted by the available
resources of the Department of Justice.
(6) Ensure that all components that enforce against trade-
related crimes regularly consult with each other.
(b) Absence of Exclusion of Pursuing Other Remedies.--Litigation by
the Criminal Division shall not preclude additional criminal
prosecution or civil action against trade-related violations. Nothing
in this statute shall prevent the Criminal Division, Civil Division,
and other Department of Justice components from pursuing enforcement
action where appropriate.
SEC. 5. ANNUAL REPORT TO CONGRESS.
The Attorney General, in consultation with the Secretary of
Homeland Security, shall submit to the Committee on the Judiciary,
Committee on Ways and Means, and Committee on Financial Services of the
House of Representatives, and the Committee on the Judiciary and
Committee on Finance of the Senate a report on the work of the
Department of Justice with respect to investigation and enforcement of
trade-related crimes. Specifically, the report shall--
(1) be submitted not later than one year after the date of
the enactment of this Act, and annually thereafter, not later
than February 1 of each year that begins after the submission
of the first report;
(2) include annual statistics on the volume of publicly
charged trade-related crimes and indictments, as defined in
section 2;
(3) include a summary as to how the funds appropriated for
trade-related crimes were utilized in the prior reporting
period, including staff and operating expenses; and
(4) provide an estimate of any additional funding needed to
combat trade-related crimes.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Attorney General $20,000,000 for fiscal year 2025 to carry out this
Act. Of sums appropriated, at least 80 percent shall be used by the
Criminal Division to support criminal prosecution of trade crimes as
defined in this Act, including salaries and expenses necessary to hire
and train investigatory and prosecutorial personnel, develop
multijurisdictional and multiagency partnerships, and conduct
enforcement actions.
(b) Other Criminal Prosecution and Civil Enforcement.--Remaining
sums may be used by the Department of Justice to support criminal
prosecution of trade crimes by other components and civil enforcement.
(c) Availability of Amounts.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) shall remain
available until expended.
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