[Congressional Record Volume 171, Number 132 (Thursday, July 31, 2025)]
[Senate]
[Pages S5059-S5060]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3232. Mr. GRAHAM (for himself and Mr. Whitehouse) submitted an
amendment intended to be proposed by him to the bill S. 2296, to
authorize appropriations for fiscal year 2026 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE XVII--ENFORCEMENT AGAINST INTERNATIONAL TRADE-RELATED CRIMES
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Protecting American
Industry and Labor from International Trade-Related Crimes
Act of 2025''.
SEC. 1702. INTERNATIONAL TRADE-RELATED CRIMES DEFINED.
In this title, the term ``international trade-related
crimes'' shall be defined as violations of law 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.
SEC. 1703. ESTABLISHMENT OF NEW STRUCTURE TO PROSECUTE
INTERNATIONAL TRADE-RELATED CRIMES.
(a) In General.--A task force, named program, or other
similar structure to investigate and prosecute international
trade-related crimes, with particular emphasis on violations
of the statutes enumerated in section 1704(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 title,
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 international 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 international trade-related crimes.
SEC. 1704. 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
1703(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
international trade-related crimes.
(2) Increase the number of international trade-related
crimes being investigated and prosecuted, which may include
investigations and prosecutions of violations of the
following health, safety, financial, and economic
international trade-related crimes:
(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 1341 of title 18, United States Code.
(K) Section 1343 of title 18, United States Code.
(L) Section 1349 of title 18, United States Code.
(M) Section 1589 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.
(Q) Section 301 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 331).
For the purposes of this title, 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) Where appropriate, participate in basic and advanced
training events with, and provide technical assistance to,
other Federal agencies involved in the investigation and
prosecution of international trade-related crimes.
(4) Develop multi-jurisdictional responses and partnerships
with respect to international trade-related crimes through
informational, administrative, and technological support to
other Federal agencies and agencies of countries that are
trading partners of
[[Page S5060]]
the United States, as a means for such agencies to acquire
the necessary knowledge, personnel, and specialized equipment
to investigate and prosecute international 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
international 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 title shall prevent the Criminal Division, Civil
Division, and other Department of Justice components from
pursuing enforcement action where appropriate.
SEC. 1705. ANNUAL REPORT TO CONGRESS.
The Attorney General, in consultation with the heads of
other relevant Federal agencies, 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 international trade-related crimes.
Specifically, the report shall--
(1) be submitted not later than one year after the date of
the enactment of this title, 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 international trade-related crimes and indictments;
(3) include a summary on how the funds appropriated for
international trade-related crimes were utilized in the prior
reporting period, including staff and operating expenses; and
(4) in consultation with the heads of other agencies,
provide an estimate of any additional funding needed to
investigate and prosecute international trade-related crimes.
SEC. 1706. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Attorney General $20,000,000 for each of fiscal years
2026 through 2031 to carry out this title. 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 title, 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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