I 
111TH CONGRESS 
1ST SESSION H. R. 4011 
To amend title 18, United States Code, with respect to organized retail 
theft, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 3, 2009 
Mr. SMITH of Texas (for himself and Mr. GOODLATTE) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, with respect to 
organized retail theft, and for other purposes. 
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 ‘‘Organized Retail 
Crime Prevention and Enforcement Act of 2009’’. 
SEC. 2. TRANSPORT OF GOODS FOR SALE ON ONLINE MAR-
KETPLACE. 
Section 2314 of title 18, United States Code, is 
amended— 
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(1) by striking the one-m dash at the end of the 
5th paragraph and inserting ‘‘; or’’; and 
(2) by inserting after the 5th paragraph the fol-
lowing: 
‘‘Whoever transports, transmits, or transfers in inter-
state or foreign commerce any goods, wares, or merchan-
dise, of the value of $1,000 or more, for sale on an online 
marketplace, knowing the same to have been stolen, con-
verted, or taken by fraud—’’. 
SEC. 3. SALE OF GOODS ON ONLINE MARKETPLACE. 
Section 2315 of title 18, United States Code, is 
amended— 
(1) by striking the one-m dash at the end of the 
3rd paragraph and inserting ‘‘; or’’; and 
(2) by inserting after the 3rd paragraph the fol-
lowing: 
‘‘Whoever by means of an online marketplace barters 
or sells any goods, wares, or merchandise, of a value of 
$1,000 or more, knowing the same to have been stolen, 
converted, or taken by fraud, or attempts to do so—’’. 
SEC. 4. DEFINITIONS FOR NEW OFFENSES. 
Section 2311 of title 18, United States Code, is 
amended— 
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(1) by inserting after the paragraph ending 
with ‘‘running on land but not on rails’’ the fol-
lowing: 
‘‘ ‘Online marketplace’ means an Internet site, or col-
lection of Internet sites with a common operator, whose 
primary purpose is to facilitate transactions between peo-
ple for the sale of goods and services;’’. 
(2) by inserting after the paragraph ending 
with ‘‘or the carcass or carcasses thereof’’ the fol-
lowing: 
‘‘ ‘Internet site’ means a web site or location on the 
Internet that is 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;’’. 
SEC. 5. ORGANIZED RETAIL CRIME TASK FORCES. 
(a) ESTABLISHMENT.—The Attorney General shall 
establish multi-jurisdictional task forces to initiate inves-
tigations of organized retail theft and dismantle organized 
retail theft criminal enterprises in the six United States 
district court districts with the greatest incidence of orga-
nized retail theft, as determined by the Attorney General. 
(b) REPORT TO CONGRESS.—The Attorney General 
shall report annually to Congress on the activities of the 
task forces established under this section. 
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(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$5,000,000 for fiscal year 2011 and for each of the 4 suc-
ceeding fiscal years. 
Æ 
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