S4955-118

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

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.

3. Establishment of new structure to prosecute international trade crimes 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. To support this effort, the Department of Justice shall— 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; ensure that experienced and technically qualified criminal prosecutors support this effort; and 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 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: Increase the capabilities and capacity of its Criminal Division to prosecute trade-related crimes. 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— 13 U.S.C. 305; 15 U.S.C. 2614–15; 18 U.S.C. 371; 18 U.S.C. 541; 18 U.S.C. 542; 18 U.S.C. 543; 18 U.S.C. 545; 18 U.S.C. 546; 18 U.S.C. 554; 18 U.S.C. 1001; 18 U.S.C. 1341; 18 U.S.C. 1343; 18 U.S.C. 1349; 18 U.S.C. 1956; 18 U.S.C. 1957; 18 U.S.C. 2320; and 21 U.S.C. 331. 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. 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. 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. Ensure that all components that enforce against trade-related crimes regularly consult with each other. 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.

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— 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; include annual statistics on the volume of publicly charged trade-related crimes and indictments, as defined in section 2; 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 provide an estimate of any additional funding needed to combat trade-related crimes.