Sec. 4. Establishment of a Center to Combat Organized Retail and Supply Chain Crime
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Title III of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4341 et seq. ) is amended by inserting after section 305 the following: In this section: The term Center means the Organized Retail and Supply Chain Crime Coordination Center established pursuant to subsection (b)(1). The term organized retail and supply chain crime includes— any crime described in section 659, 2117, 2314, or 2315 of title 18, United States Code that is committed by, in coordination with, or at the instruction of an organization; aiding or abetting the commission of, or conspiring to commit, any act that is in furtherance of a violation of a crime referred to in subparagraph (A); and other crimes related to those described in subparagraphs
(A)and (B). The term Secretary means the Secretary of Homeland Security. The term Executive Associate Director means the Executive Associate Director of Homeland Security Investigations. Not later than 90 days after the date of enactment of the Combating Organized Retail Crime Act , the Secretary shall direct the Executive Associate Director to establish the Organized Retail and Supply Chain Crime Coordination Center. The duties of the Center shall include— coordinating Federal law enforcement activities related to organized retail and supply chain crime, including investigations of national and transnational criminal organizations that are engaged in organized retail and supply chain crime; establishing relationships with State and local law enforcement agencies and organizations, including organized retail crime associations and cargo theft associations, and sharing information regarding organized retail and supply chain crime threats with such agencies and organizations; assisting State and local law enforcement agencies with State and local investigations of organized retail and supply chain crime groups; establishing relationships with retail, transportation, and other companies determined by the Executive Associate Director to have significant interests relating to organized retail and supply chain crime threats, sharing information with those companies regarding such threats, collaborating on investigations and loss prevention activities as appropriate, and providing a mechanism for the receipt of investigative information on such threats; establishing a secure system for sharing information regarding organized retail and supply chain crime threats by leveraging existing information systems at the Department of Homeland Security and the Department of Justice; tracking trends with respect to organized retail and supply chain crime and releasing annual public reports on such trends; and supporting the provision of training and technical assistance in accordance with subsection (c). The Center shall be headed by a Director, who shall be— an experienced law enforcement officer; appointed by the Director of U.S. Immigration and Customs Enforcement; and in a Senior Executive Service position as defined in section 3132 of title 5, United States Code. The Director of the Center shall be assisted by a Deputy Director, who shall be appointed, on a 2-year rotational basis, upon request from the Executive Associate Director, by— the Director of the Federal Bureau of Investigation; the Director of the United States Secret Service; or the Chief Postal Inspector. The staff of the Center shall include— special agents and analysts from Homeland Security Investigations; and detailed criminal investigators, analysts, and liaisons from other Federal agencies who have responsibilities related to organized retail and supply chain crime, including detailees from— U.S. Customs and Border Protection; the United States Secret Service; the United States Postal Inspection Service; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; the Federal Bureau of Investigation; and the Federal Motor Carrier Safety Administration. The staff of the Center may include detailees from State and local law enforcement agencies, who shall serve at the Center on a nonreimbursable basis. The Center shall coordinate its activities, as appropriate, with other Federal agencies and centers responsible for countering transnational organized crime threats. In establishing the Center, the Executive Associate Director may co-locate or otherwise share resources and personnel, including detailees and agency liaisons, with— the National Intellectual Property Rights Coordination Center established pursuant to section 305(a)(1); or other existing interagency centers within the Department of Homeland Security. The Director of the Center, or his or her designee, may enter into agreements with Federal, State, local, and Tribal agencies and private sector entities to facilitate carrying out the duties described in paragraph (2). Subject to the approval of the Director of the Center, information that would otherwise be subject to the limitation on the disclosure of confidential information set forth in section 1905 of title 18, United States Code, may be shared if such disclosure is operationally necessary. The Director may not delegate his or her authority under this subparagraph. Not later than 1 year after the date of enactment of the Combating Organized Retail Crime Act , the Secretary shall submit a report regarding the establishment of the Center to— the Committee on the Judiciary of the Senate ; the Committee on Homeland Security and Governmental Affairs of the Senate ; the Committee on the Judiciary of the House of Representatives ; and the Committee on Homeland Security of the House of Representatives . The report required under clause
(i)shall include a description of— the organizational structure of the Center; the agencies and partner organizations that are represented within the Center; any challenges required to be addressed while establishing the Center; any lessons learned from establishing the Center, including successful prosecutions resulting from the activities of the Center; recommendations for ways to strengthen the enforcement of laws involving organized retail and supply chain crime; the intersections and commonalities between organized retail crime organizations and other organized theft groups, including supply chain diversion and theft; and the impact of organized theft groups on the scarcity of vital products, including medicines, personal protective equipment, and infant formula. Beginning on the date that is 1 year after the submission of the report required under subparagraph (A), and each year thereafter, the Secretary shall submit an annual report that describes the activities of the Center during the previous year to the congressional committees listed in subparagraph (A)(i). The authority of the Center shall terminate on the date that is 7 years after the date on which the Center is established under paragraph (1). The Secretary shall take such actions as may be necessary to wind down the Center in accordance with subparagraph (A). Not later than 180 days after the date of enactment of the Combating Organized Retail Crime Act , the Secretary and the Attorney General shall conduct an evaluation of existing Federal programs that provide grants, training, and technical support to State, local, and Tribal law enforcement to assist in countering organized retail and supply chain crime. The evaluation required under paragraph
(1)shall evaluate, at a minimum— the Homeland Security Grant Program at the Federal Emergency Management Agency; grant programs at the Office of Justice Programs within the Department of Justice; and relevant training programs at the Federal Law Enforcement Training Center. Not later than 45 days after the completion of the evaluation required under paragraph (1), the Secretary and the Attorney General shall jointly submit a report to the congressional committees listed in subsection (b)(5)(A)(i) that— describes the results of such evaluation; and includes recommendations on ways to expand grants, training, and technical assistance for combating organized retail and supply chain crime. Not later than 45 days after submitting the report required under paragraph (3), the Secretary 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 expanding, as appropriate, the prioritization of training and technical assistance designed to counter organized retail and supply chain crime. . The table of contents for the Trade Facilitation and Trade Enforcement Act of 2015 ( Public Law 114–125 ; 130 Stat. 122) is amended by inserting after the item relating to section 305 the following: Sec. 305A. Organized Retail and Supply Chain Crime Coordination Center. .
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Sec. 4
Establishment of a Center to Combat Organized Retail and Supply Chain Crime
Stat.130 Stat. 122
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