,,ii #aahth ,,congress #ast ,session ,s4 #adj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #cj1 #bjbc,mr4 ,grassley 7for himself and ,ms4 ,cortez ,masto7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to combat organized crime involving the illegal acquisition of retail goods for the purpose of selling those illegally obtained goods through physical and online retail marketplaces4 #a4 ,short title ,this ,act may be cited as the ,combating ,organized ,retail ,crime ,act of #bjbc4 #b4 ,findings ,it is the sense of ,congress that-- 7#a7 organized retail crime1 a crime involving groups of individuals specifically targeting retail stores1 often by using violence or threats of violence to subdue employees and shoppers while robbing stores of their most valuable and easily diverted merchandise1 has been a growing concern to retailers1 industry1 and law enforcement2 7#b7 retailers have seen a dramatic increase in occurrences of organized retail crime1 costing retailers approximately #gbj1jjj per every #a1jjj1jjj1jjj in sales in #bjai1 representing more than a #ej-percent increase in such losses since #bjae4 ,further1 according to the ,national ,retail ,federation1 the use of violence or aggression is increasing in the commission of these crimes1 with #b_/c of retailers reporting an increase of violence during the commission of retail theft2 7#c7 organized retail crime-- 7,a7 threatens the safety and liberty of individuals in the ,united ,states when those individuals engage in commerce2 7,b7 erodes the retail economy for customers and businesses alike2 and 7,c7 finances transnational criminal organizations that use the proceeds of those thefts to support the criminal goals of the criminal organizations2 and 7#d7 it has become necessary for ,congress-- 7,a7 to amend title #ah1 ,united ,states ,code1 to ensure that law enforcement has the legal tools necessary to combat organized retail crime in the same capacity as law enforcement is able to combat theft and diversion from other portions of the supply chain2 and 7,b7 to direct the executive branch to create a central coordination center to align ,federal1 ,state1 local1 territorial1 and ,tribal efforts to combat organized retail crime4 #c4 ,amendments to title #ah1 ,united ,states ,code ,part ,i of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in section #ihb7;a77#e7-- 7,a7 by redesignating subparagraphs 7,c71 7,d71 and 7,e7 as subparagraphs 7,d71 7,e71 and 7,f71 respectively2 7,b7 by inserting after subparagraph 7,b7 the following3 7,c7 section #fei 7interstate or foreign shipments by carrier2 ,state prosecutions72 2 7,c7 in subparagraph 7,e71 as so redesignated1 by striking 2 or and inserting a semicolon2 7,d7 in subparagraph 7,f71 as so redesignated1 by striking the period at the end and inserting a semicolon2 and 7,e7 by inserting after subparagraph 7,f71 as so redesignated1 the following3 7,g7 section #bcad 7transportation of stolen goods1 securities1 moneys1 fraudulent ,state tax stamps1 or articles used in counterfeiting72 or 7,h7 section #bcae 7sale or receipt of stolen goods1 securities1 moneys1 or fraudulent ,state tax stamps74 2 7#b7 in section #aief7;c77#g77;,d7-- 7,a7 by inserting section #fei 7interstate or foreign shipments by carrier2 ,state prosecutions71 after section #feh 7relating to property mortgaged or pledged to farm credit agencies71 2 and 7,b7 by inserting section #bcad 7transportation of stolen goods1 securities1 moneys1 fraudulent ,state tax stamps1 or articles used in counterfeiting71 section #bcae 7sale or receipt of stolen goods1 securities1 moneys1 or fraudulent ,state tax stamps71 after section #bbha 7relating to violence against maritime fixed platforms71 2 7#c7 in section #bcad1 in the first paragraph-- 7,a7 by inserting or by using any facility of interstate or foreign commerce1 after commerce2 7,b7 by inserting or of an aggregate value of #e1jjj or more during any #ab-month period1 after more1 2 7,c7 by inserting 1 embezzled1 after stolen2 and 7,d7 by inserting 1 false pretense1 or other illegal means after fraud2 and 7#d7 in section #bcae1 in the first paragraph-- 7,a7 by inserting or of an aggregate value of #e1jjj or more during any #ab-month period1 after #e1jjj or more1 2 and 7,b7 by striking 2 or and inserting 1 or have been stolen1 unlawfully converted1 or taken by the use of any facility of interstate or foreign commerce in the commission of said act2 or4 #d4 ,establishment of a ,center to ,combat ,organized ,retail ,crime 7a7 ,in general ,title ,,iii of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7#ai ,u4,s4,c4 #dcda et seq47 is amended by inserting after section #cje the following3 #cje;,a4 ,organized ,retail ,crime ,coordination ,center 7a7 ,definitions ,in this section3 7#a7 ,center ,the term ,center means the ,organized ,retail ,crime ,coordination ,center established pursuant to subsection 7b77#a74 7#b7 ,organized retail crime ,the term organized retail crime includes-- 7,a7 any crime described in section #bcad or #bcae of title #ah1 ,united ,states ,code2 and 7,b7 aiding or abetting the commission of1 or conspiring to commit1 any act that is in furtherance of a violation of a crime referred to in paragraph 7#a74 7b7 ,organized ,retail ,crime ,coordination ,center 7#a7 ,establishment ,not later than #ij days after the date of the enactment of the ,combating ,organized ,retail ,crime ,act of #bjbc1 the ,secretary of ,homeland ,security shall direct the ,executive ,associate ,director of ,homeland ,security ,investigations to establish the ,organized ,retail ,crime ,coordination ,center4 7#b7 ,duties ,the duties of the ,center shall include-- 7,a7 coordinating ,federal law enforcement activities related to organized retail crime1 including investigations of national and transnational criminal organizations that are engaged in organized retail crime2 7,b7 establishing relationships with ,state and local law enforcement agencies and organizations1 including organized retail crime associations1 and sharing information regarding organized retail crime threats with such agencies and organizations2 7,c7 assisting ,state and local law enforcement agencies with their investigations of organized retail crime groups2 7,d7 establishing relationships with retail companies1 sharing information with such companies regarding organized retail crime threats1 and providing mechanisms for the receipt of investigative information on such threats2 7,e7 establishing a secure system for sharing information regarding organized retail crime threats by leveraging existing information systems at the ,department of ,homeland ,security and the ,department of ,justice2 7,f7 tracking trends with respect to organized retail crime and releasing annual public reports on such trends2 and 7,g7 supporting the provision of training and technical assistance in accordance with subsection 7c74 7#c7 ,leadership2 staffing 7,a7 ,director ,the ,center shall be headed by a ,director1 who shall be-- 7i7 an experienced law enforcement officer2 7ii7 appointed by the ,director of ,u4,s4 ,immigration and ,customs ,enforcement2 and 7iii7 in the ,senior ,executive ,service 7as defined in section #cacb of title #e1 ,united ,states ,code74 7,b7 ,deputy director ,the ,director of the ,center shall be assisted by a ,deputy ,director1 who shall be appointed1 on a #b-year rotational basis1 upon request from the ,executive ,associate ,director of ,homeland ,security ,investigations1 by-- 7i7 the ,director of the ,federal ,bureau of ,investigation2 7ii7 the ,director of the ,united ,states ,secret ,service2 or 7iii7 the ,chief ,postal ,inspector4 7,c7 ,federal staff ,the staff of the ,center shall include-- 7i7 ,special ,agents and ,analysts from ,homeland ,security ,investigations2 and 7ii7 detailed criminal investigators1 analysts1 and liaisons from other ,federal agencies who have responsibilities related to organized retail crime1 including detailees from-- 7,i7 ,u4,s4 ,customs and ,border ,protection2 7,,ii7 the ,united ,states ,secret ,service2 7,,iii7 the ,united ,states ,postal ,inspection ,service2 7,,iv7 the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives2 and 7,v7 the ,drug ,enforcement ,administration4 7,d7 ,state and local staff ,the staff of the ,center may include detailees from ,state and local law enforcement agencies1 who shall serve at the ,center on a nonreimbursable basis4 7#d7 ,coordination 7,a7 ,in general ,the ,center shall coordinate its activities1 as appropriate1 with other ,federal agencies and centers responsible for countering transnational organized crime threats4 7,b7 ,shared resources ,in establishing the ,center1 the ,executive ,associate ,director of ,homeland ,security ,investigations may co-locate or otherwise share resources and personnel1 including detailees and agency liaisons1 with-- 7i7 the ,national ,intellectual ,property ,rights ,coordination ,center established pursuant to section #cje7;a77#a72 or 7ii7 other existing interagency centers within the ,department of ,homeland ,security4 7,c7 ,agreements ,the ,director of the ,center1 or his or her designee1 may enter into agreements with ,federal1 ,state1 local1 and ,tribal agencies and private sector entities to facilitate carrying out the duties described in paragraph 7#b74 7,d7 ,information sharing ,subject to the approval of the ,director of the ,center1 information that would otherwise be subject to the limitation on the disclosure of confidential information set forth in section #aije of title #ah1 ,united ,states ,code1 may be shared if such disclosure is operationally necessary4 ,the ,director may not delegate his or her authority under this subparagraph4 7#e7 ,reporting requirements 7,a7 ,initial report 7i7 ,in general ,not later than #a year after the date of the enactment of the ,combating ,organized ,retail ,crime ,act of #bjbc1 the ,secretary of ,homeland ,security shall submit a report regarding the establishment of the ,center to-- 7,i7 the ,committee on the ,judiciary of the ,senate2 7,,ii7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,,iii7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,,iv7 the ,committee on ,homeland ,security of the ,house of ,representatives4 7ii7 ,contents ,the report required under clause 7i7 should include a description of-- 7,i7 the organizational structure of the ,center2 7,,ii7 the agencies and partner organizations that are represented within the ,center2 7,,iii7 any challenges that had to be addressed while establishing the ,center2 7,,iv7 any lessons learned from establishing the ,center1 including successful prosecutions resulting from the activities of the ,center2 7,v7 recommendations for ways to strengthen the enforcement of laws involving organized retail crime2 7,,vi7 recommendations for ways to include organized retail crime within a holistic supply chain security enforcement framework2 7,,vii7 the intersections and commonalities between organized retail crime organizations and other organized theft groups1 including supply chain diversion and theft2 and 7,,viii7 the impact of organized theft groups on the scarcity of vital products1 including medicines1 personal protective equipment1 and infant formula4 7,b7 ,annual report ,beginning on the date that is #a year after the submission of the report required under subparagraph 7,a71 the ,director shall submit an annual report that describes the activities of the ,center during the previous year to the congressional committees listed in subparagraph 7,a77i74 7c7 ,training and technical assistance 7#a7 ,evaluation ,not later than #ahj days after the date of the enactment of the ,combating ,organized ,retail ,crime ,act of #bjbc1 the ,secretary of ,homeland ,security and the ,attorney ,general shall conduct an evaluation of existing ,federal programs that provide grants1 training1 and technical support to ,state1 local1 and ,tribal law enforcement to assist in countering organized retail crime4 7#b7 ,evaluation scope ,the evaluation required under paragraph 7#a7 shall evaluate1 at a minimum-- 7,a7 the ,homeland ,security ,grant ,program at the ,federal ,emergency ,management ,agency2 7,b7 grant programs at the ,office of ,justice ,programs within the ,department of ,justice2 and 7,c7 relevant training programs at the ,federal ,law ,enforcement ,training ,center4 7#c7 ,report ,not later than #de days after the completion of the evaluation required under paragraph 7#a71 the ,secretary of ,homeland ,security and the ,attorney ,general shall jointly submit a report to the congressional committees listed in subsection 7b77#e77;,a77i7 that-- 7,a7 describes the results of such evaluation2 and 7,b7 includes recommendations on ways to expand grants1 training1 and technical assistance for combating organized retail crime4 7#d7 ,enhancing or modifying training and technical assistance ,not later than #de days after submitting the report required under paragraph 7#c71 the ,secretary of ,homeland ,security and the ,attorney ,general shall jointly issue formal guidance to relevant agencies and offices within the ,department of ,homeland ,security and the ,department of ,justice for modifying or expanding1 as appropriate1 the prioritization of training and technical assistance designed to counter organized retail crime4 4 7b7 ,clerical amendment ,the table of contents for the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7,public ,law #ajg-bif7 is amended by inserting after the item relating to section #cje the following3 ,sec4 #cje;,a4 ,organized ,retail ,crime ,coordination ,center4 4