II 118th CONGRESS 2d Session S. 4955 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.

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) 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. 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. 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. 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.