S.Amdt. 3232Senate119th Congress (2025-2027)
S.Amdt. 3232
Sponsored by
Sen. Lindsey Graham (R-SC)
Submitted July 31, 2025
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Senate amendment submitted
July 31, 2025
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Submitted
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. ______