118 HR 9151 : Protecting American Industry and Labor from International Trade Crimes Act of 2024
U.S. House of Representatives
2024-12-04
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IIB
118th CONGRESS
2d Session
H. R. 9151
IN THE SENATE OF THE UNITED STATES
December 4, 2024
Received; read twice and referred to the Committee on the Judiciary
AN ACT
To strengthen the Department of Justice’s enforcement against trade-related crimes.
1.

Short title
This Act may be cited as the “Protecting American Industry and Labor from International Trade Crimes Act of 2024”.
2.

Trade-related crimes defined
In this Act, the term “trade-related crimes” shall be defined as 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, the Trade Act of 1974, or 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, trade-based money laundering, and smuggling.
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), shall be established within the Criminal Division of the Department of Justice not later than 120 days after the date on which appropriations are made available to carry out this Act, 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 Attorney General shall—
(1)
create within the Criminal Division of the Department of Justice 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 the effort; and
(3)
promote and ensure effective interaction with law enforcement, industry representatives, and the public in matters relating to trade-related crimes.
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 Attorney General shall accomplish each of the following:
(1)
Increase the capabilities and capacity of the Criminal Division of the Department of Justice to prosecute trade-related crimes.
(2)
Increase the number of trade-related crimes being investigated and prosecuted, including pursuant to health, safety, financial, and economic trade-related crimes, including—
(A)
section 305 of title 13, United States Code;
(B)
section 15 or 16 of the Toxic Substances Control Act (15 U.S.C. 2614 or 2615);
(C)
section 371 of title 18, United States Code;
(D)
section 541 of title 18, United States Code;
(E)
section 542 of title 18, United States Code;
(F)
section 543 of title 18, United States Code;
(G)
section 545 of title 18, United States Code;
(H)
section 546 of title 18, United States Code;
(I)
section 554 of title 18, United States Code;
(J)
section 1001 of title 18, United States Code;
(K)
section 1341 of title 18, United States Code;
(L)
section 1343 of title 18, United States Code;
(M)
section 1349 of title 18, United States Code;
(N)
section 1956 of title 18, United States Code;
(O)
section 1957 of title 18, United States Code;
(P)
section 2320 of title 18, United States Code; and
(Q)
section 301 of the Federal Food, Drug, and Cosmetic Act (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, U.S. Customs and Border Protection, and other Federal agencies with respect to the investigation and prosecution of trade-related crimes.
(4)
Develop multi-jurisdictional 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 laws against trade-related crimes regularly consult with each other.
(b)

Absence of exclusion of pursuing other remedies
Litigation by the Criminal Division of the Department of Justice shall not preclude additional criminal prosecution or civil action against trade-related violations. Nothing in this Act shall prevent the Criminal Division, Civil Division, and other Department of Justice components from pursuing enforcement action where appropriate.
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;
(3)
include a summary on 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.
Passed the House of Representatives December 3, 2024.
Kevin F. McCumber,
Clerk.