“To strengthen the Department of Justice's enforcement against trade-related crimes.”
No CRS summary available for this bill.
This section defines the term “trade-related crimes” for purposes of this Act as violations of law implicated by criminal activities in furtherance of evading duties, tariffs, and other import- and export-related fees or restrictions imposed by the Tariff Act of 1930, Trade Expansion Act of 1962, Trade Act of 1974, or Countering America’s Adversaries Through Sanctions Act, as well as other laws and regulations involving U.S. imports and exports, trade-based money laundering, and smuggling.
This section establishes within the Criminal Division of the Department of Justice a task force, named program, or similar structure—coordinated by a supervisory criminal trial attorney—to investigate and prosecute trade-related crimes, with establishment required not later than 120 days after appropriations are made available. The section further directs the Attorney General to (1) create new positions for criminal trial attorneys and support personnel to lead and coordinate such investigations and cases, including those impacting multiple districts; (2) ensure experienced and technically qualified criminal prosecutors support the effort; and (3) promote effective interaction with law enforcement, industry representatives, and the public on trade-related crimes.
This section directs the Attorney General, through the task force, named program, or other structure established under section 3(a), to accomplish the following with respect to trade-related crimes (excluding national security-related violations): (1) increase the capabilities and capacity of the Criminal Division of the Department of Justice to prosecute such crimes; (2) increase the number of such crimes investigated and prosecuted, including under specified statutes such as 13 U.S.C. 305 (criminal penalties for false export information), 18 U.S.C. §§371, 541-546, 554, 1001, 1341, 1343, 1349, 1589, 1956, 1957, and 2320 (various fraud, smuggling, and counterfeiting offenses), 15 U.S.C. §§2614 and 2615 (Toxic Substances Control Act), and 21 U.S.C. §331 (Federal Food, Drug, and Cosmetic Act); (3) participate in training events with Homeland Security Investigations, U.S. Customs and Border Protection, and other federal agencies and provide technical assistance for investigating and prosecuting such crimes; (4) develop multi-jurisdictional responses and partnerships with other federal agencies and trading partner countries; (5) participate in nationally coordinated investigations as necessary, subject to Department of Justice resources; and (6) ensure regular consultation among Department of Justice components that enforce laws against such crimes. This section further specifies that Criminal Division litigation does not preclude other criminal prosecutions or civil actions by the Department of Justice.
This section requires the Attorney General, in consultation with the Secretary of Homeland Security, to submit to the House Committees on the Judiciary, Ways and Means, and Financial Services and the Senate Committees on the Judiciary and Finance a report on the Department of Justice's investigation and enforcement of trade-related crimes. The report must be submitted not later than one year after enactment and annually thereafter by February 1, and must (1) include statistics on publicly charged trade-related crimes and indictments, (2) summarize prior-period use of appropriated funds for such crimes (including staff and operating expenses), and (3) provide an estimate of additional funding needed.
This section authorizes appropriations of $20 million for FY2026 for the Attorney General to carry out the Act. Of the amounts appropriated, at least 80% must be used by the Criminal Division of the Department of Justice to support criminal prosecution of trade crimes—including salaries and expenses to hire and train investigatory and prosecutorial personnel, develop multijurisdictional and multiagency partnerships, and conduct enforcement actions—with remaining amounts available for criminal prosecution by other DOJ components and civil enforcement; appropriated amounts remain available until expended.