I 
118TH CONGRESS 
1ST SESSION 
H. R. 895 
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 marketplaces. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 9, 2023 
Mr. BUCK (for himself, Mr. JOYCE of Ohio, Mrs. LEE of Nevada, and Ms. 
TITUS) introduced the following bill; which was 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 mar-
ketplaces. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Combating Organized 
Retail Crime Act of 2023’’. 
SEC. 2. FINDINGS. 
It is the sense of Congress that— 
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(1) organized retail crime, a crime involving 
groups of individuals specifically targeting retail 
stores, often by using violence or threats of violence 
to subdue employees and shoppers while robbing 
stores of their most valuable and easily diverted 
merchandise, has been a growing concern to retail-
ers, industry, and law enforcement; 
(2) retailers have seen a dramatic increase in 
occurrences of organized retail crime, costing retail-
ers 
approximately 
$720,000 
per 
every 
$1,000,000,000 in sales in 2019, representing more 
than a 50-percent increase in such losses since 2015. 
Further, according to the National Retail Federa-
tion, the use of violence or aggression is increasing 
in the commission of these crimes, with 2⁄3 of retail-
ers reporting an increase of violence during the com-
mission of retail theft; 
(3) organized retail crime— 
(A) threatens the safety and liberty of in-
dividuals in the United States when those indi-
viduals engage in commerce; 
(B) erodes the retail economy for cus-
tomers and businesses alike; and 
(C) finances transnational criminal organi-
zations that use the proceeds of those thefts to 
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support the criminal goals of the criminal orga-
nizations; and 
(4) it has become necessary for Congress— 
(A) to amend title 18, United States Code, 
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 por-
tions of the supply chain; and 
(B) to direct the executive branch to create 
a central coordination center to align Federal, 
State, local, territorial, and Tribal efforts to 
combat organized retail crime. 
SEC. 3. AMENDMENTS TO TITLE 18, UNITED STATES CODE. 
Part I of title 18, United States Code, is amended— 
(1) in section 982(a)(5)— 
(A) by redesignating subparagraphs (C), 
(D), and (E) as subparagraphs (D), (E), and 
(F), respectively; 
(B) by inserting after subparagraph (B) 
the following: 
‘‘(C) section 659 (interstate or foreign ship-
ments by carrier; State prosecutions);’’; 
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(C) in subparagraph (E), as so redesig-
nated, by striking ‘‘; or’’ and inserting a semi-
colon; 
(D) in subparagraph (F), as so redesig-
nated, by striking the period at the end and in-
serting a semicolon; and 
(E) by inserting after subparagraph (F), 
as so redesignated, the following: 
‘‘(G) section 2314 (transportation of stolen 
goods, securities, moneys, fraudulent State tax 
stamps, or articles used in counterfeiting); or 
‘‘(H) section 2315 (sale or receipt of stolen 
goods, securities, moneys, or fraudulent State tax 
stamps).’’; 
(2) in section 1956(c)(7)(D)— 
(A) by inserting ‘‘section 659 (interstate or 
foreign shipments by carrier; State prosecu-
tions),’’ after ‘‘section 658 (relating to property 
mortgaged or pledged to farm credit agen-
cies),’’; and 
(B) by inserting ‘‘section 2314 (transpor-
tation of stolen goods, securities, moneys, 
fraudulent State tax stamps, or articles used in 
counterfeiting), section 2315 (sale or receipt of 
stolen goods, securities, moneys, or fraudulent 
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State tax stamps),’’ after ‘‘section 2281 (relat-
ing to violence against maritime fixed plat-
forms),’’; 
(3) in section 2314, in the first paragraph— 
(A) by inserting ‘‘or by using any facility 
of interstate or foreign commerce,’’ after ‘‘com-
merce’’; 
(B) by inserting ‘‘or of an aggregate value 
of $5,000 or more during any 12-month pe-
riod,’’ after ‘‘more,’’; 
(C) by inserting ‘‘, embezzled,’’ after ‘‘sto-
len’’; and 
(D) by inserting ‘‘, false pretense, or other 
illegal means’’ after ‘‘fraud’’; and 
(4) in section 2315, in the first paragraph— 
(A) by inserting ‘‘or of an aggregate value 
of $5,000 or more during any 12-month pe-
riod,’’ after ‘‘$5,000 or more,’’; and 
(B) by striking ‘‘; or’’ and inserting ‘‘, or 
have been stolen, unlawfully converted, or taken 
by the use of any facility of interstate or foreign 
commerce in the commission of said act; or’’. 
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SEC. 4. ESTABLISHMENT OF A CENTER TO COMBAT ORGA-
NIZED RETAIL CRIME. 
(a) IN GENERAL.—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 fol-
lowing: 
‘‘SEC. 305A. ORGANIZED RETAIL CRIME COORDINATION 
CENTER. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CENTER.—The term ‘Center’ means the 
Organized Retail Crime Coordination Center estab-
lished pursuant to subsection (b)(1). 
‘‘(2) ORGANIZED
RETAIL
CRIME.—The term 
‘organized retail crime’ includes— 
‘‘(A) any crime described in section 2314 
or 2315 of title 18, United States Code; and 
‘‘(B) aiding or abetting the commission of, 
or conspiring to commit, any act that is in fur-
therance of a violation of a crime referred to in 
paragraph (1). 
‘‘(b) ORGANIZED
RETAIL
CRIME
COORDINATION 
CENTER.— 
‘‘(1) ESTABLISHMENT.—Not later than 90 days 
after the date of the enactment of the Combating 
Organized Retail Crime Act of 2023, the Secretary 
of Homeland Security shall direct the Executive As-
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sociate Director of Homeland Security Investigations 
to establish the Organized Retail Crime Coordina-
tion Center. 
‘‘(2) DUTIES.—The duties of the Center shall 
include— 
‘‘(A) coordinating Federal law enforcement 
activities related to organized retail crime, in-
cluding 
investigations 
of 
national 
and 
transnational criminal organizations that are 
engaged in organized retail crime; 
‘‘(B) establishing relationships with State 
and local law enforcement agencies and organi-
zations, including organized retail crime asso-
ciations, and sharing information regarding or-
ganized retail crime threats with such agencies 
and organizations; 
‘‘(C) assisting State and local law enforce-
ment agencies with their investigations of orga-
nized retail crime groups; 
‘‘(D) establishing relationships with retail 
companies, sharing information with such com-
panies regarding organized retail crime threats, 
and providing mechanisms for the receipt of in-
vestigative information on such threats; 
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‘‘(E) establishing a secure system for shar-
ing information regarding organized retail 
crime threats by leveraging existing information 
systems at the Department of Homeland Secu-
rity and the Department of Justice; 
‘‘(F) tracking trends with respect to orga-
nized retail crime and releasing annual public 
reports on such trends; and 
‘‘(G) supporting the provision of training 
and technical assistance in accordance with sub-
section (c). 
‘‘(3) LEADERSHIP; STAFFING.— 
‘‘(A) DIRECTOR.—The Center shall be 
headed by a Director, who shall be— 
‘‘(i) an experienced law enforcement 
officer; 
‘‘(ii) appointed by the Director of 
U.S. Immigration and Customs Enforce-
ment; and 
‘‘(iii) in the Senior Executive Service 
(as defined in section 3132 of title 5, 
United States Code). 
‘‘(B) DEPUTY DIRECTOR.—The Director of 
the Center shall be assisted by a Deputy Direc-
tor, who shall be appointed, on a 2-year rota-
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tional basis, upon request from the Executive 
Associate Director of Homeland Security Inves-
tigations, by— 
‘‘(i) the Director of the Federal Bu-
reau of Investigation; 
‘‘(ii) the Director of the United States 
Secret Service; or 
‘‘(iii) the Chief Postal Inspector. 
‘‘(C) FEDERAL STAFF.—The staff of the 
Center shall include— 
‘‘(i) Special Agents and Analysts from 
Homeland Security Investigations; and 
‘‘(ii) detailed criminal investigators, 
analysts, and liaisons from other Federal 
agencies who have responsibilities related 
to 
organized 
retail 
crime, 
including 
detailees from— 
‘‘(I) U.S. Customs and Border 
Protection; 
‘‘(II) the United States Secret 
Service; 
‘‘(III) the United States Postal 
Inspection Service; 
‘‘(IV) the Bureau of Alcohol, To-
bacco, Firearms and Explosives; and 
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‘‘(C) AGREEMENTS.—The Director of the 
Center, or his or her designee, may enter into 
agreements with Federal, State, local, and Trib-
al agencies and private sector entities to facili-
tate carrying out the duties described in para-
graph (2). 
‘‘(D) INFORMATION SHARING.—Subject to 
the approval of the Director of the Center, in-
formation 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 Direc-
tor may not delegate his or her authority under 
this subparagraph. 
‘‘(5) REPORTING REQUIREMENTS.— 
‘‘(A) INITIAL REPORT.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of the enactment of the 
Combating Organized Retail Crime Act of 
2023, the Secretary of Homeland Security 
shall submit a report regarding the estab-
lishment of the Center to— 
‘‘(I) the Committee on the Judi-
ciary of the Senate; 
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‘‘(II) the Committee on Home-
land Security and Governmental Af-
fairs of the Senate; 
‘‘(III) the Committee on the Ju-
diciary of the House of Representa-
tives; and 
‘‘(IV) the Committee on Home-
land Security of the House of Rep-
resentatives. 
‘‘(ii) CONTENTS.—The report required 
under clause (i) should include a descrip-
tion of— 
‘‘(I) the organizational structure 
of the Center; 
‘‘(II) the agencies and partner 
organizations that are represented 
within the Center; 
‘‘(III) any challenges that had to 
be addressed while establishing the 
Center; 
‘‘(IV) any lessons learned from 
establishing the Center, including suc-
cessful prosecutions resulting from the 
activities of the Center; 
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‘‘(V) recommendations for ways 
to strengthen the enforcement of laws 
involving organized retail crime; 
‘‘(VI) recommendations for ways 
to include organized retail crime with-
in a holistic supply chain security en-
forcement framework; 
‘‘(VII) the intersections and com-
monalities between organized retail 
crime organizations and other orga-
nized theft groups, including supply 
chain diversion and theft; and 
‘‘(VIII) the impact of organized 
theft groups on the scarcity of vital 
products, including medicines, per-
sonal protective equipment, and infant 
formula. 
‘‘(B) ANNUAL REPORT.—Beginning on the 
date that is 1 year after the submission of the 
report required under subparagraph (A), the 
Director shall submit an annual report that de-
scribes the activities of the Center during the 
previous year to the congressional committees 
listed in subparagraph (A)(i). 
‘‘(c) TRAINING AND TECHNICAL ASSISTANCE.— 
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‘‘(1) EVALUATION.—Not later than 180 days 
after the date of the enactment of the Combating 
Organized Retail Crime Act of 2023, the Secretary 
of Homeland Security and the Attorney General 
shall conduct an evaluation of existing Federal pro-
grams that provide grants, training, and technical 
support to State, local, and Tribal law enforcement 
to assist in countering organized retail crime. 
‘‘(2) EVALUATION SCOPE.—The evaluation re-
quired under paragraph (1) shall evaluate, at a min-
imum— 
‘‘(A) the Homeland Security Grant Pro-
gram at the Federal Emergency Management 
Agency; 
‘‘(B) grant programs at the Office of Jus-
tice Programs within the Department of Jus-
tice; and 
‘‘(C) relevant training programs at the 
Federal Law Enforcement Training Center. 
‘‘(3) REPORT.—Not later than 45 days after 
the completion of the evaluation required under 
paragraph (1), the Secretary of Homeland Security 
and the Attorney General shall jointly submit a re-
port to the congressional committees listed in sub-
section (b)(5)(A)(i) that— 
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‘‘(A) describes the results of such evalua-
tion; and 
‘‘(B) includes recommendations on ways to 
expand grants, training, and technical assist-
ance for combating organized retail crime. 
‘‘(4) ENHANCING OR MODIFYING TRAINING AND 
TECHNICAL ASSISTANCE.—Not later than 45 days 
after submitting the report required under para-
graph (3), the Secretary of Homeland Security and 
the Attorney General shall jointly issue formal guid-
ance to relevant agencies and offices within the De-
partment of Homeland Security and the Department 
of Justice for modifying or expanding, as appro-
priate, the prioritization of training and technical as-
sistance designed to counter organized retail crime.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Trade Facilitation and Trade Enforcement Act of 
2015 (Public Law 107–296) is amended by inserting after 
the item relating to section 305 the following: 
‘‘Sec. 305A. Organized Retail Crime Coordination Center.’’. 
Æ 
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