H.R. 5932

Organized Retail Theft Investigation and Prosecution Act of 2010

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IIB

111th CONGRESS

2d Session

H. R. 5932

IN THE SENATE OF THE UNITED STATES

September 29, 2010

Received; read twice and referred to the Committee on the Judiciary

AN ACT

To establish the Organized Retail Theft Investigation and Prosecution Unit in the Department of Justice, and for other purposes.

1.

Short title

This Act may be cited as the Organized Retail Theft Investigation and Prosecution Act of 2010.

2.

Organized Retail Theft Investigation and Prosecution Unit

(a)

Establishment

Not later than 180 days after the date of enactment of this Act, the Attorney General shall establish the Organized Retail Theft Investigation and Prosecution Unit (hereinafter in this Act referred to as the ORTIP Unit).

(b)

Composition

The ORTIP Unit shall include representatives from the Federal Bureau of Investigation, United States Immigration and Customs Enforcement, the United States Secret Service, the United States Postal Inspection Service, prosecutors, and any other personnel necessary to carry out the duties of the ORTIP Unit.

(c)

Duties

The duties of the ORTIP Unit are as follows:

(1)

To investigate and prosecute those instances of organized retail theft over which the Department of Justice has jurisdiction.

(2)

To assist State and local law enforcement agencies in investigating and prosecuting organized retail theft.

(3)

To consult with key stakeholders, including retailers and online marketplaces, to obtain information about instances of and trends in organized retail theft.

3.

Definition

In this Act, the term organized retail theft means—

(1)

the obtaining of retail merchandise by illegal means for the purpose of reselling or otherwise placing such merchandise back into the stream of commerce; or

(2)

aiding or abetting the commission of or conspiring to commit any of the acts described in paragraph (1).

4.

Report

Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit a report containing recommendations on how retailers, online businesses, and law enforcement agencies can help prevent and combat organized retail theft to the Chairs and Ranking Members of the Committee on the Judiciary of the House of Representatives and of the Committee on the Judiciary of the Senate. The Attorney General shall make the report available to the public on the web site of the Department of Justice.

5.

Authorization of Appropriations

There are authorized to be appropriated to the Attorney General to carry out this Act, $5,000,000 for each of fiscal years 2011 through 2015.

Passed the House of Representatives September 28, 2010.

Lorraine C. Miller,

Clerk.