[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9151 Referred in Senate (RFS)]
<DOC>
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.
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. 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.
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), 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.
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 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.
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;
(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.
Attest:
KEVIN F. MCCUMBER,
Clerk.