Protecting American Industry and Labor From International Trade Crimes Act of 2024
Floor Speech
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Mr. HUNT. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 9151) to strengthen the Department of Justice's enforcement against trade-related crimes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows: H.R. 9151
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.
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Mr. HUNT. 9151.
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Mr. HUNT. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, U.S. trade policy is a vital tool to protect American businesses and workers, ensure American competitiveness, and achieve our foreign policy objectives.
For U.S. trade policy to be effective, we have to actually enforce the laws implemented in the United States' policy. H.R. 9151 would establish the structure needed at the Department of Justice to go after criminals who perpetrate trade crimes.
These crimes include trade fraud, tariff and duty evasion, illegal smuggling, trade-based money laundering, trafficking in counterfeit goods, and many more.
Today, criminal enterprises and bad actors, predominantly based in the People's Republic of China, are breaking U.S. trade laws with impunity. This fraud has seriously undermined our trade policy.
Additionally, in just fiscal year 2023, U.S. authorities seized over $2.7 billion of counterfeit goods, with the PRC accounting for more than 80 percent of those seizures. Those seizures reflect billions of dollars stolen from U.S. businesses and workers, which undermines the trade policies designed to protect them.
In the past 2 years, law enforcement has also identified $750 million worth of goods mined, produced, or manufactured wholly or in part in the Xinjiang and Uyghur autonomous region. These goods carry significant risk of having been produced by forced labor and are illegal to import into the United States.
We must do more to punish the criminals who are breaking our trade laws and inflicting serious harm on our economy. H.R. 9151 will enable the DOJ to dedicate specialized personnel to investigate and prosecute the perpetrators of these crimes.
I thank all the sponsors for their hard work, as well as the hard work by the Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party to put together this excellent legislation.
I also thank the Judiciary Committee for bipartisan efforts that led to this bill being reported by voice vote, demonstrating that we can work across party lines to advance trade policies that protect Americans.
Madam Speaker, I urge all of my colleagues to support H.R. 9151 and give teeth to our trade policies.
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Mr. HUNT. Madam Speaker, I yield 5 minutes to the gentlewoman from Iowa (Mrs. Hinson).
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Mr. HUNT. Madam Speaker, I yield 3 minutes to the gentleman from Michigan (Mr. Moolenaar).
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