What This Bill Does
This bill directs federal agencies to work together to fight organized retail crime. Organized retail crime means coordinated theft, embezzlement or fraud of store goods that get sold across state lines. The bill requires agencies to share information better and help state and local law enforcement catch criminals involved in this activity.
Who It Affects
Federal law enforcement agencies including the Attorney General, Department of Homeland Security, U.S. Postal Service, FBI, U.S. Customs and Border Protection, Secret Service and other related agencies. State and local law enforcement. The retail industry and retail crime task forces.
Key Provisions
• Federal agencies must develop a strategy within 180 days of the law passing to share information about organized retail crime networks and improve coordination with each other (Sec. 2(a)(1))
• Federal agencies must help state and local law enforcement collect materials and evidence needed to prosecute organized retail crime cases (Sec. 2(a)(2))
• Federal agencies must increase cooperation and information sharing with retail stores, state retail crime task forces and other retail crime task forces (Sec. 2(a)(3))
• Federal agencies must submit a joint report to Congress within 180 days describing the strategy they developed (Sec. 2(b))
• The Comptroller General must publish a report within one year on how private businesses and law enforcement work together to stop and investigate organized retail crime (Sec. 2(c))
What Changes
Federal agencies that investigate crime must now coordinate with each other to fight organized retail crime and share information with stores and state law enforcement agencies.
Important Definitions
Organized retail crime: Coordinated illegal theft, embezzlement or fraud of store goods that are sold or distributed across state lines.
Organized retail crime network: A criminal group that commits organized retail crime.
Relevant agency: Any federal agency that the Attorney General and Secretary of Homeland Security decide has a role in sharing information and investigating organized retail crime.
Effective Date
The strategy must be developed and reported within 180 days after the law passes.
I
118TH CONGRESS
1ST SESSION
H. R. 316
To direct certain heads of Federal agencies to develop a strategy to improve
Federal investigations of organized retail crime, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 12, 2023
Mrs. KIM of California (for herself, Mr. PANETTA, Ms. SALAZAR, and Mr.
GARBARINO) introduced the following bill; which was referred to the Com-
mittee on the Judiciary
A BILL
To direct certain heads of Federal agencies to develop a
strategy to improve Federal investigations of organized
retail crime, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Improving the Federal
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Response to Organized Retail Crime Act of 2023’’.
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SEC. 2. IMPROVING COORDINATION IN FEDERAL INVES-
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TIGATION OF ORGANIZED RETAIL CRIME.
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(a) IN GENERAL.—Not later than 180 days after the
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date of the enactment of this Act, the Attorney General,
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•HR 316 IH
the Secretary of Homeland Security, the Postmaster Gen-
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eral, and the head of each relevant agency shall develop
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a strategy to identify how each such relevant agency can
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coordinate with other relevant agencies to—
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(1) improve information sharing between the
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Director of the Federal Bureau of Investigation, the
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Commissioner of the U.S. Customs and Border Pro-
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tection, the Executive Associate Director of Home-
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land Security Investigations, the Director of the Se-
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cret Service, the Postmaster General, and the head
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of each relevant agency on organized retail crime
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networks;
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(2) assist State and local law enforcement in
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compiling materials and evidence necessary for pros-
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ecution of organized retail crime; and
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(3) increase cooperation and information shar-
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ing between each such relevant agency and the retail
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industry, State retail crime task forces, and other
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retail crime task forces.
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(b) REPORTING REQUIREMENT.—Not later than 180
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days after the date of the enactment of this Act, the Attor-
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ney General, the Secretary of Homeland Security, the
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Postmaster General, and the head of each relevant agency
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shall submit a joint report to the relevant committees on
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the strategy developed pursuant to subsection (a).
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•HR 316 IH
(c) COMPTROLLER GENERAL REPORT.—Not later
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than 1 year after the date of the enactment of this Act,
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the Comptroller General shall publish a report on coordi-
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nation between the private sector and law enforcement to
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deter and investigate organized retail crime.
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(d) DEFINITIONS.—In this section:
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(1) ORGANIZED RETAIL CRIME.—The term ‘‘or-
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ganized retail crime’’ means the coordinated illegal
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acquisition of retail goods through theft, embezzle-
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ment, fraud, or other means that are illegal under
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Federal or State law for the purpose of selling or
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distributing such goods in interstate commerce.
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(2) ORGANIZED RETAIL CRIME NETWORK.—The
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term ‘‘organized retail crime network’’ means a
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criminal network that engages in organized retail
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crime.
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(3) RELEVANT AGENCY.—The term ‘‘relevant
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agency’’ means any agency (as defined in section
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551 of title 5, United States Code) determined by
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the Attorney General and Secretary of Homeland
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Security to have a role in information sharing and
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investigation of organized retail crime.
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(4) RELEVANT COMMITTEES.—The term ‘‘rel-
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evant committees’’ means the House Committee on
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the Judiciary, the House Committee on Homeland
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•HR 316 IH
Security, the House Committee on Oversight and
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Accountability, the Senate Committee on the Judici-
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ary, and the Senate Homeland Security and Govern-
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mental Affairs Committee.
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