[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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