‘‘ ‘Organized retail crime’ means— 
‘‘(1) the stealing, embezzlement, or obtain-
ing by fraud, false pretenses, or other illegal 
means, of retail merchandise in quantities that 
would not normally be purchased for personal 
use or consumption for the purpose of reselling 
or otherwise reentering such retail merchandise 
in commerce; or 
‘‘(2) the recruitment of persons to under-
take, or the coordination, organization, or facili-
tation of, such stealing, embezzlement, or ob-
taining by fraud, false pretenses, or other illegal 
means;’’; 
(2) by inserting before the paragraph inserted 
by subsection (a)(1) of this section, the following: 
‘‘ ‘Online marketplace’ means— 
‘‘(1) an Internet site where persons other than 
the operator of the Internet site can enter into 
transactions for the sale of goods or services and in 
which— 
‘‘(A) such goods or services are promoted 
through inclusion in search results displayed 
within the Internet site; and 
‘‘(B) the operator of the Internet site— 
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‘‘(i) has the contractual right to su-
pervise the activities of the person with re-
spect to such goods or services; or 
‘‘(ii) has a financial interest in the 
sale of such goods or services;’’; 
(3) by inserting after the second paragraph, re-
lating to the definition of ‘‘cattle’’, the following new 
paragraph: 
‘‘ ‘Internet site’ means a location on the Inter-
net accessible at a specific Internet domain name, is 
accessible at a specific address under the Internet 
Protocol (or any successor protocol), or is identified 
by a uniform resource locator;’’; and 
(4) by inserting before the paragraph inserted 
by paragraph (3) of this subsection, the following 
new paragraph: 
‘‘ ‘High-volume seller’ means a seller on an on-
line marketplace who in the past 12 months has 
made or offered to make discrete transactions aggre-
gating at least $12,000;’’. 
(b) TRANSPORTATION OF STOLEN GOODS.—The first 
paragraph of section 2314 of title 18, United States Code, 
is amended by inserting ‘‘or engages in organized retail 
crime involving the transporting, transmitting, or trans-
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ferring in interstate or foreign commerce any goods, 
wares, or merchandise,’’ after ‘‘$5,000 or more,’’. 
(c) SALE OR RECEIPT OF STOLEN GOODS.—The first 
paragraph of section 2315 of title 18, United States Code, 
is amended by inserting ‘‘or engages in organized retail 
crime involving receiving, possessing, concealing, storing, 
bartering, selling, or disposing of any goods, wares, or 
merchandise,’’ after ‘‘$5,000 or more,’’. 
(d) FRAUD
IN CONNECTION WITH ACCESS DE-
VICES.—Section 1029(e)(1) of title 18, United States 
Code, is amended— 
(1) by inserting ‘‘(including gift card)’’ after 
‘‘card’’; 
(2) by inserting ‘‘(including a Universal Prod-
uct Code label)’’ after ‘‘code’’; and 
(3) by inserting ‘‘(including a radio frequency 
identification transponder)’’ after ‘‘identifier’’. 
(e) FACILITATION OF ORGANIZED RETAIL CRIME.— 
(1) IN GENERAL.—The first paragraph of sec-
tion 2315 of title 18, United States Code, as amend-
ed by subsection (c) of this section, is further 
amended by inserting ‘‘, or facilitates such organized 
retail crime, including, but not limited to, facilitation 
through the operation of an online marketplace for 
the sale of goods and services, knowing or having 
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reasonable cause to know that such organized retail 
crime is facilitated by such operation’’ before ‘‘; or’’ 
at the end of the paragraph. 
(2) OPERATOR
OF
AN
ONLINE
MARKET-
PLACE.—Section 2315 of title 18, United States 
Code, is further amended by inserting before the last 
paragraph the following: 
‘‘It is unlawful for an operator of an online market-
place to fail to— 
‘‘(1) expeditiously investigate when credible evi-
dence of sales of goods or services acquired through 
organized retail crime on its online marketplace 
comes to its attention, and remove from the online 
marketplace or disable access to material from the 
online marketplace of sellers offering goods or serv-
ices when the result of the investigation provides 
knowledge or a reasonable cause to know that the 
goods or services were acquired through organized 
retail crime, and maintain a record of all investiga-
tions for a minimum of three years; 
‘‘(2) require the seller of property whose mer-
chandise packaging identifies the property as being 
available from a particular or exclusive retail source, 
to post such identifying information conspicuously 
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on the Internet site where other information about 
the property is posted; and 
‘‘(3) in the case of each high volume seller— 
‘‘(A) maintain the following information 
for three years— 
‘‘(i) the name, telephone number, e- 
mail address, legitimate physical address, 
any user identification, and company name 
of the high-volume seller; and 
‘‘(ii) all transactions conducted by 
each high-volume seller on the online mar-
ketplace for the most recent three-year pe-
riod; and 
‘‘(B) require any high-volume seller to— 
‘‘(i) conspicuously post its name, tele-
phone number, and legitimate address on 
the Internet site where other information 
about the property being sold by the high- 
volume seller is posted; or 
‘‘(ii) provide, upon request of any 
business that has a reasonable suspicion 
that goods or services at the site were ac-
quired through organized retail crime, its 
name, telephone number, and legitimate 
physical address.’’. 
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