Overview
Title
To strengthen the Department of Justice’s enforcement against trade-related crimes.
ELI5 AI
H.R. 9151 is a plan to help the Justice Department catch people who cheat on trade rules, like sneaking goods into the country. It gives them more money and makes a special team that works with other groups to stop these bad actions.
Summary AI
H.R. 9151 aims to enhance the Department of Justice's ability to enforce laws against trade-related crimes, such as evading duties or smuggling. It proposes creating a new task force within the Justice Department to investigate and prosecute these crimes, increasing resources and positions for qualified attorneys. The bill requires annual reports to Congress on enforcement efforts and how funds are used, with $20 million authorized for fiscal year 2025 to support these initiatives. This initiative stresses collaboration with Homeland Security and other federal agencies to combat trade-related crimes more effectively.
Published
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Bill Statistics
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AnalysisAI
General Summary of the Bill
House Bill 9151, introduced in the 118th Congress, proposes to enhance the Department of Justice's (DOJ) efforts to combat trade-related crimes. The bill, officially titled the "Protecting American Industry and Labor from International Trade Crimes Act of 2024," aims to target illegal activities such as evading duties, tariffs, and other import/export fees. By establishing a specialized task force within the DOJ, the bill seeks to improve the investigation and prosecution of these crimes. Moreover, it outlines a budget of $20 million for fiscal year 2025 to support this initiative.
Summary of Significant Issues
Several issues within the bill merit attention:
Complexity and Ambiguity: The definition of "trade-related crimes" is intricate, referring to numerous laws and acts which may be difficult for the general public to comprehend and apply.
Financial and Resource Allocation Concerns: The establishment of a new prosecutorial structure lacks clear financial oversight and accountability measures, potentially leading to inefficient use of resources.
Selection Transparency: The criteria for appointing the supervisory criminal trial attorney are not detailed, raising concerns about transparency in the selection process.
Oversight and Accountability: The bill does not specify oversight mechanisms to ensure funds and resources are used effectively, particularly concerning collaboration with foreign agencies.
Funding and Reporting Provisions: The allocation of funds set in the bill allows for extended availability, which might result in a lack of fiscal discipline. Additionally, the timeline for submitting annual reports on trade-related crimes to Congress may cause confusion due to unclear expectations.
Impact on the Public and Specific Stakeholders
For the general public, this bill could have significant implications. On one hand, strengthening the enforcement against trade-related crimes may protect domestic industries and jobs from unfair competition due to illegal trade practices. On the other hand, the complexity of the definitions and provisions might make it challenging for individuals and small businesses to understand their obligations and rights under this law.
Industry and Labor: Industries reliant on international trade might benefit from more rigorous enforcement of trade laws, which could enhance fair competition. Workers, especially in sectors vulnerable to unfair trade practices, might see more job security as a result.
Government Agencies: Various government agencies, including those involved in law enforcement and homeland security, might experience increased collaboration and resource sharing under this bill. However, inadequate clarity on guidelines for these interactions and resource allocations might hinder their effectiveness.
Foreign Trading Partners: The bill implies the possibility of resource allocation to foreign agencies to help combat trade-related crimes. While this could foster better international relations and cooperation, the lack of cost-sharing mechanisms could lead to concerns about the fair distribution of resources.
While the bill aims to bolster the fight against trade-related crimes, the issues highlighted suggest areas where further clarity and structure could enhance its efficacy and ensure equitable application and resource use.
Financial Assessment
The proposed legislation, H.R. 9151, includes specific financial elements aimed at enhancing the Department of Justice's ability to tackle trade-related crimes more effectively. This bill earmarks funding to establish and maintain a dedicated task force within the Department of Justice, particularly within its Criminal Division, to enforce laws related to these crimes.
Summary of Financial Allocations
The bill authorizes an appropriation of $20,000,000 for fiscal year 2025. This funding is intended to support the actions laid out in the bill, with an emphasis on establishing a task force to investigate and prosecute trade-related crimes. By allocating these funds, the bill aims to increase the number of qualified criminal trial attorneys and support personnel who will be responsible for leading these initiatives. It also supports the broader need for collaboration with other federal agencies such as Homeland Security.
Relation to Identified Issues
One of the significant issues identified is the potential lack of fiscal discipline due to the stipulation that the appropriated funds "shall remain available until expended." This could lead to the risk of these funds being used over an indefinite period, without tying expenditures to measurable outcomes or specific fiscal year constraints. The lack of financial accountability and guidelines here could result in inefficient spending and resource allocation, thereby not fully achieving the bill’s intended purpose of strengthening enforcement against trade crimes.
Additionally, Section 4 suggests resources will be provided to foreign agencies without clear financial guidelines or cost-sharing mechanisms. This lack of clarity might result in uncontrolled or unchecked spending, posing risks to fiscal management and oversight.
Further, there is a call for annual reports to Congress on how funds are utilized, as outlined in Section 5. However, ambiguity in the report submission timeline could lead to confusion or delays, hindering Congress's ability to effectively oversee the financial aspects of the bill's implementation.
Overall, while the bill makes a substantial financial commitment to addressing trade-related crimes, there are concerns regarding financial accountability and the long-term oversight mechanisms critical for ensuring those funds are spent efficiently and effectively. Proper measures and transparency in financial decision-making could strengthen the bill's impact and ensure that appropriated resources are used to their fullest potential.
Issues
The definition of 'trade-related crimes' in Section 2 might be complex and ambiguous for non-legal audiences, potentially causing misinterpretation of the law's scope and application.
The establishment of a new prosecutorial structure in Section 3 lacks clear financial guidelines and accountability measures, risking inefficient spending and resource allocation.
Section 3 also does not specify criteria for selecting the supervisory criminal trial attorney, which may lead to favoritism or lack of transparency in appointments.
The oversight and accountability mechanisms in Section 4 are insufficient, as there is no mention of audits or controls to ensure resources are used wisely across agencies.
Section 4 allows for resources to be provided to foreign agencies without clear cost-sharing guidelines, possibly leading to uncontrolled spending.
The funding provisions in Section 6 permit appropriated funds to remain available until expended, which might lead to a lack of fiscal discipline or perpetual allocation without outcome measurement.
The report submission timeline in Section 5 is somewhat unclear, initially requiring submission one year after enactment and then annually by February 1st without an explicit initial date, potentially leading to confusion or non-compliance.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of this Act designates its official name as the “Protecting American Industry and Labor from International Trade Crimes Act of 2024.”
2. Definitions Read Opens in new tab
Summary AI
The text defines "trade-related crimes" as illegal actions involving the avoidance of taxes, tariffs, and other fees associated with importing and exporting goods, as well as breaking trade laws and rules related to the Tariff Act of 1930, the Trade Expansion Act of 1962, and the Trade Act of 1974. It includes activities like money laundering and smuggling connected to United States imports and exports.
3. Establishment of new structure to prosecute international trade crimes Read Opens in new tab
Summary AI
The bill proposes the creation of a specialized task force within the Department of Justice to investigate and prosecute crimes related to international trade. This task force will be staffed with experienced attorneys and support personnel, and will work closely with law enforcement, industry representatives, and the public to address trade-related crimes.
4. Duties and functions of new trade crimes structure Read Opens in new tab
Summary AI
In this section, the Department of Justice is tasked with improving its ability to handle trade-related crimes by increasing investigations and prosecutions, collaborating with other federal agencies, and working with international partners to enhance their capabilities. It also clarifies that pursuing such cases won't prevent other legal actions from being taken against violations.
5. Annual report to congress Read Opens in new tab
Summary AI
The Attorney General, working with the Secretary of Homeland Security, must submit a yearly report to Congress about trade-related crime investigations and enforcement. This report includes crime statistics, a summary of fund usage, and an estimate of additional resources needed.
6. Authorization of appropriations Read Opens in new tab
Summary AI
The bill allows for $20 million to be given to the Attorney General in 2025 to enforce trade crimes, with at least 80% of the funds allocated to the Criminal Division for prosecution-related activities. Remaining funds may be used by the Department of Justice for other criminal and civil enforcement, and these funds will be available until they are fully spent.
Money References
- (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.