[Congressional Record Volume 172, Number 113 (Monday, July 13, 2026)]
[Senate]
[Pages S3774-S3780]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6579. Mr. GRASSLEY (for himself and Mr. Durbin) submitted an
amendment intended to be proposed by him to the bill S. 4784, to
authorize appropriations for fiscal year 2027 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
DIVISION _____--SAFER STREETS AND COMMUNITIES
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``James
T. Woods Community Safety Act''.
(b) Table of Contents.--The table of contents for this
division is as follows:
Sec. 1. Short title; table of contents.
TITLE I--JAMES T. WOODS ACT
Sec. 101. Short title.
Subtitle A--SAFE Act
Sec. 111. Short title.
Sec. 112. Findings.
Sec. 113. Amendment of Federal sentencing guideline relating to child
sexual abuse material.
Subtitle B--Ending Coercion of Children and Harm Online
Sec. 121. Short title.
Sec. 122. Coercion of children to commit harm.
Sec. 123. Clerical and conforming amendments.
Sec. 124. Severability.
Subtitle C--Stop Sextortion
Sec. 131. Short title.
Sec. 132. Criminalizing threats to distribute child sexual abuse
material.
Sec. 133. Penalties for threats to distribute child sexual abuse
material.
Sec. 134. Severability.
TITLE II--COMBATING ORGANIZED RETAIL CRIME
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Amendments to title 18, United States Code.
Sec. 204. Establishment of a Center to Combat Organized Retail and
Supply Chain Crime.
TITLE III--LIEUTENANT OSVALDO ALBARATI STOPPING PRISON CONTRABAND ACT
Sec. 301. Short title.
Sec. 302. Prohibited provision of a phone.
Sec. 303. Review of policies.
TITLE IV--COMBATING ILLICIT XYLAZINE
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Adding xylazine to schedule III.
Sec. 404. Amendments.
Sec. 405. Arcos tracking.
Sec. 406. Sentencing Commission.
Sec. 407. Report to Congress on xylazine.
TITLE I--JAMES T. WOODS ACT
SEC. 101. SHORT TITLE.
This tile may be cited as the ``James T. Woods Act''.
Subtitle A--SAFE Act
SEC. 111. SHORT TITLE.
This subtitle may be cited as the ``Sentencing
Accountability For Exploitation Act'' or the ``SAFE Act''.
SEC. 112. FINDINGS.
Congress finds the following:
(1) Over many years, the complexity and scale of online
child sex offenses have worsened, as offenders have taken
advantage of technological developments to target and
victimize ever-increasing numbers of children.
(2) In addition, offenders have pursued increasingly
dangerous ways of victimizing children, including by
resorting to organized efforts at extorting and manipulating
children into engaging in sexually explicit conduct and other
types of degrading and dangerous acts.
(3) Offenders have also been increasingly adept at
globalizing their offenses, including by, for example, paying
adults overseas to provide customized child sexual abuse
material, which may be video recorded or live-streamed, to
offenders in the United States.
(4) Meanwhile, as the complexity, scale, and dangerousness
of online child sex crimes has worsened, long-existing sex
crimes against children continue to flourish on the dark web,
through social media and related applications, and otherwise.
(5) Effective investigation and prosecution are a critical
component of the efforts of the United States to keep
children safe, punish those who victimize them, and deter
would-be offenders. It is imperative that the Federal
sentencing guidelines account for these interests and ensure
that offenders face advisory sentencing ranges that
appropriately account for the scale, complexity, and
dangerousness of these offenses.
SEC. 113. AMENDMENT OF FEDERAL SENTENCING GUIDELINE RELATING
TO CHILD SEXUAL ABUSE MATERIAL.
(a) Definitions.--In this section:
(1) Child.--The term ``child'' means an individual who has
not attained 18 years of age.
(2) Child sexual abuse material.--The term ``child sexual
abuse material'' has the meaning given the term ``child
pornography'' in section 2256(8) of title 18, United States
Code.
(3) Prohibited conduct against a child.--The term
``prohibited conduct against a child''--
(A) means--
(i) conduct committed against a child relating to--
(I) kidnapping;
(II) illegal sexual abuse, contact, or activity;
(III) live streaming of child sexual abuse;
(IV) using a child to produce child sexual abuse material;
or
(V) sexual exploitation, including child sex trafficking;
or
(ii) an attempt or conspiracy to engage in any conduct
described in subclauses (I) through (V) of clause (i);
(B) does not include--
(i) conduct involving or similar to advertising,
transporting, mailing, distributing, receiving, possession,
accessing, or viewing child sexual abuse material; or
(ii) acquitted conduct, to the extent that such conduct is
excluded from the scope of relevant conduct under section
1B1.3(c) of the United States Sentencing Guidelines Manual;
and
(C) does not require a conviction.
(b) Directive.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall review and amend the Federal
sentencing guidelines and policy statements applicable to
persons convicted of an offense under section 1466A,
2251(d)(1)(A), 2252, 2252A, or 2260(b) of title 18, United
States Code, in order to reflect the intent of Congress that
penalties for the offense under the guidelines and policy
statements--
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(1) appropriately account for--
(A) the actual and potential harm to victims and to the
public from the offense; and
(B) changes that have occurred since the relevant
guidelines and policy statements were last amended with
respect to--
(i) typical offense behavior; and
(ii) the use of modern computer and internet technologies;
and
(2) to better reflect the current spectrum of offender
culpability.
(c) Requirements.--In carrying out subsection (b), the
United States Sentencing Commission shall--
(1) ensure that the Federal sentencing guidelines and
policy statements reflect--
(A) the seriousness of the offenses described in that
subsection;
(B) the need to afford adequate deterrence to commission of
the offenses;
(C) the need for just punishment for the offenses;
(D) the need to protect the public from further crimes of a
defendant convicted of any such offense; and
(E) the need to differentiate among offenders based on
their culpability and potential dangerousness;
(2) avoid duplicative punishment within the applicable
guidelines and under the Federal sentencing guidelines for
substantially the same conduct;
(3) develop a guideline that accounts for--
(A) whether, prior to, during, or after the offense at
issue, the defendant engaged in, conspired to engage in, or
attempted to engage in--
(i) an act of prohibited conduct against a child; or
(ii) a pattern of activity involving prohibited conduct
against a child, whether involving a single victim or
multiple victims;
(B) whether, prior to, during, or after the offense at
issue, the defendant--
(i) participated in a group dedicated to child sexual abuse
material or prohibited conduct against a child; or
(ii) encouraged, instructed, required, or similarly caused
another individual to commit an offense involving child
sexual abuse material or prohibited conduct against a child;
(C) whether the defendant engaged in multiple acts, not
accounted for in the defendant's criminal history or counts
of conviction, involving child sexual abuse material over an
extended period of time or with a high degree of frequency;
(D) whether the defendant intentionally used, or promoted
the use of, software, technology, procedures, or any other
means to conceal the offense or the identity or location of
the defendant or any victim, or to destroy evidence for an
improper purpose, unless accounted for in the conduct of
conviction;
(E) whether 3 or more online channels, technologies,
platforms, or methods were used to commit the offense;
(F) gradations in--
(i) the severity of the depicted sexually explicit conduct,
including especially severe physical or emotional trauma; and
(ii) the age or physical development of the minor;
(G) the number of items of child sexual abuse material or
the number of victims involved in the offense;
(H) whether the offense involved distribution of child
sexual abuse material, accounting for the nature of the
distribution, including--
(i) distribution in order to receive any valuable
consideration; and
(ii) distribution through any method that does not limit
who can obtain the material or how many individuals can
obtain the material;
(I) whether the offense involved the production, creation,
or manufacture of child sexual abuse material that is not
subject to the cross reference in section 2G2.2(c)(1) of the
United States Sentencing Guidelines Manual to section 2G2.1
of the Manual;
(J) whether the offense was the direct and proximate cause
of the victim's death by suicide; and
(K) any other conduct or factors that the United States
Sentencing Commission determines appropriate to reflect the
seriousness of the offense and differentiate among offenders;
(4) make any necessary conforming changes to the
guidelines; and
(5) ensure that the guidelines adequately meet the purposes
of sentencing, as set forth in section 3553(a)(2) of title
18, United States Code.
(d) Authority for United States Sentencing Commission.--In
carrying out this section, the United States Sentencing
Commission--
(1) may amend provisions of the Federal sentencing
guidelines that were promulgated pursuant to any other
specific congressional directives or legislation directly
amending the guidelines and promulgate amendments that would
result in sentencing ranges different than those that would
have applied under such directives or legislation; and
(2) in developing a guideline that comports with the
requirements of this section, particularly accounting for the
factors set forth in subsection (c)(3)--
(A) may--
(i) design the specific offense characteristics, including
the increase in offense level that each offense
characteristic would provide; and
(ii) define any terms; and
(B) may not lower the applicable base offense level
provided in section 2G2.2(a) of the United States Sentencing
Guidelines Manual as in effect on the date of enactment of
this Act.
(e) Repeals.--
(1) Laws.--The following provisions of law are repealed:
(A) Section 632 of the Treasury, Postal Service and General
Government Appropriations Act, 1992 (28 U.S.C. 994 note;
Public Law 102-141).
(B) Sections 2 and 3 of the Sex Crimes Against Children
Prevention Act of 1995 (28 U.S.C. 994 note; Public Law 104-
71).
(C) Section 401(i)(1) of the Prosecutorial Remedies and
Other Tools to end the Exploitation of Children Today Act of
2003 (28 U.S.C. 994 note; Public Law 108-21).
(2) Guidelines.--Section 2G2.2(b) of the United States
Sentencing Commission Guidelines Manual is amended by
striking paragraph (7).
(3) Effective date.--The amendments made by this subsection
shall take effect on the date on which the amendments to the
Federal sentencing guidelines and policy statements required
under subsection (b) take effect.
Subtitle B--Ending Coercion of Children and Harm Online
SEC. 121. SHORT TITLE.
This title may be cited as the ``Ending Coercion of
Children and Harm Online Act'' or the ``ECCHO Act''.
SEC. 122. COERCION OF CHILDREN TO COMMIT HARM.
Chapter 110A of title 18, United States Code, is amended by
inserting after section 2261B the following:
``Sec. 2261C. Coercion of children to commit harm
``(a) Definitions.--For purposes of this section:
``(1) Coerce.--The term `coerce' includes the use of
extortion, threats, fraud, deceit, duress, intimidation,
harassment, humiliation, degradation, or manipulation.
``(2) Minor.--The term `minor' means any individual who has
not attained the age of 18 years.
``(3) Substantial bodily injury.--The term `substantial
bodily injury' has the meaning given that term in section
113.
``(b) Offense.--It shall be unlawful for any person, using
the mail or any facility or means of interstate or foreign
commerce, or within the special maritime and territorial
jurisdiction of the United States, to intentionally coerce a
minor, directly or through an intermediary, to--
``(1)(A) die by suicide or attempt to die by suicide; or
``(B) kill or attempt to kill any individual;
``(2) kill or attempt to kill any pet, emotional support
animal, service animal, or horse;
``(3) strangle, suffocate, poison, burn, lacerate, or
inflict serious bodily injury or substantial bodily injury on
any individual (including the minor), pet, emotional support
animal, service animal, or horse; or
``(4) commit or attempt to commit arson.
``(c) Penalty.--Any person who violates, or attempts or
conspires to violate--
``(1) subparagraph (A) or (B) of subsection (b)(1) shall be
fined under this title, imprisoned for any term of years or
life, or both; or
``(2) paragraph (2), (3), or (4) of subsection (b) shall be
fined under this title, imprisoned for not more than 30
years, or both.''.
SEC. 123. CLERICAL AND CONFORMING AMENDMENTS.
(a) Clerical Amendment.--The table of sections for chapter
110A of title 18, United States Code, is amended by inserting
after the item relating to section 2261B the following:
``2261C. Coercion of children to commit harm.''.
(b) Conforming Amendments.--
(1) Title 18.--
(A) Chapter 110.--Chapter 110 of title 18, United States
Code, is amended--
(i) in section 2252A(g), by inserting ``section 2261C,''
after ``section 1591,''; and
(ii) in section 2258A--
(I) in subsection (a)--
(aa) in paragraph (1)(A), by striking ``online child sexual
exploitation and to prevent the online sexual exploitation of
children'' and inserting ``, and to prevent, online child
sexual exploitation and online coercion of children''; and
(bb) in paragraph (2)(A)--
(AA) by striking ``or 2260 that involves child
pornography,'' and inserting ``2260, 2261C, or 2422(b), or'';
and
(BB) by striking ``, or of 2422(b)'';
(II) in subsection (b), in the matter preceding paragraph
(1), by striking ``sexual'' and inserting ``online'';
(III) in subsection (c)--
(aa) in paragraph (1), by striking ``, kidnapping, or
enticement crimes'' and inserting ``or kidnapping, online
coercion, or enticement crimes involving children'';
(bb) in paragraph (2), by inserting ``or kidnapping, online
coercion, or enticement crimes involving children'' after
``sexual exploitation''; and
(cc) in paragraph (3), by striking ``, kidnapping, or
enticement crimes'' and inserting ``or kidnapping, online
coercion, or enticement crimes involving children'';
(IV) in subsection (d)(5)(A)(ii)(II), by striking ``,
kidnapping, or enticement crimes'' and inserting ``or
kidnapping, online coercion, or enticement crimes involving
children'';
(V) in subsection (g)(3)--
[[Page S3776]]
(aa) in subparagraph (A), by striking ``, kidnapping, or
enticement crimes'' and inserting ``or kidnapping, online
coercion, or enticement crimes involving children'';
(bb) in subparagraph (B), by striking ``, kidnapping, or
enticement crimes'' and inserting ``or kidnapping, online
coercion, or enticement crimes involving children''; and
(cc) in subparagraph (C), by striking ``, kidnapping, or
enticement crimes'' and inserting ``or kidnapping, online
coercion, or enticement crimes involving children''; and
(VI) in subsection (h)(5), by striking ``the proliferation
of online child sexual exploitation or preventing the online
sexual exploitation of children'' and inserting ``or
preventing the proliferation of online child sexual
exploitation or online coercion of children''.
(B) Section 3509.--Section 3509(a)(2)(A) of title 18,
United States Code, is amended by striking ``physical abuse,
sexual abuse, or exploitation'' and inserting ``child
abuse''.
(C) Section 5032.--Section 5032 of title 18, United States
Code, is amended--
(i) in the first undesignated paragraph--
(I) by striking ``or section 1002(a)'' and inserting
``section 1002(a)''; and
(II) by striking ``section 922(x) or section 924(b), (g),
or (h) of this title'' and inserting ``or section 922(x),
section 924(b), (g), or (h), or section 2261C(b)(1) or (2) of
this title''; and
(ii) in the fourth undesignated paragraph, by striking
``section 922(x) of this title, or in section 924(b), (g), or
(h) of this title'' and inserting ``section 922(x), section
924(b), (g), or (h), or section 2261C(b)(1) or (2) of this
title''.
(2) PROTECT our children act of 2008.--Section 2 of the
PROTECT Our Children Act of 2008 (34 U.S.C. 21101) is amended
by striking paragraph (1) and inserting the following:
``(1) Child exploitation.--The term `child exploitation'
means--
``(A) any conduct, attempted conduct, or conspiracy to
engage in conduct that--
``(i) violates chapter 110 or section 2261C, 2422(b), or
2423 of title 18, United States Code; or
``(ii) involves a minor and violates section 1591 or
chapter 109A of title 18, United States Code; or
``(B) any sexual activity involving a minor for which any
person can be charged with a criminal offense.''.
(3) Delayed applicability of provider duty to report.--The
amendment made to section 2258A(a)(1)(A) of title 18, United
States Code, by paragraph (1)(A)(ii)(I)(aa) of this
subsection, shall apply on and after the date that is 1 year
after the date of enactment of this Act.
SEC. 124. SEVERABILITY.
If any provision of this subtitle, an amendment made by
this subtitle, or the application of such provision or
amendment to any person or circumstance is held to be
unconstitutional, the remainder of this subtitle, the
amendments made by this subtitle, and the application of the
provisions of such to any person or circumstance shall not be
affected thereby.
Subtitle C--Stop Sextortion
SEC. 131. SHORT TITLE.
This subtitle may be cited as the ``Stop Sextortion Act''.
SEC. 132. CRIMINALIZING THREATS TO DISTRIBUTE CHILD SEXUAL
ABUSE MATERIAL.
Title 18, United States Code, is amended--
(1) in section 2252--
(A) in subsection (a)(2)--
(i) in the matter preceding subparagraph (A)--
(I) by inserting ``, or threatens to distribute any visual
depiction with intent to intimidate, coerce, extort, or cause
substantial emotional distress to any person,'' after
``distributes, any visual depiction'';
(II) by striking ``foreign commerce or that'' and inserting
``foreign commerce, or involving a visual depiction that'';
and
(III) by striking ``, or which contains materials which
have been mailed or so shipped or transported,''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``Whoever'' and inserting
``Except as provided in paragraph (3), whoever''; and
(ii) by adding at the end the following:
``(3) Whoever violates, or attempts or conspires to
violate, subsection (a)(2) for threatening to distribute any
visual depiction, as described in that subsection, shall be
punished as provided in paragraph (2) of this subsection if
no such visual depiction existed.''; and
(2) in section 2252A--
(A) in subsection (a)(2)(A)--
(i) by inserting ``, or threatens to distribute any child
pornography with intent to intimidate, coerce, extort, or
cause substantial emotional distress to any person,'' after
``any child pornography''; and
(ii) by striking ``foreign commerce or that'' and inserting
``foreign commerce, or involving any child pornography
that''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``Whoever'' and inserting
``Except as provided in paragraph (4), whoever''; and
(ii) by adding at the end the following:
``(4) Whoever violates, or attempts or conspires to
violate, subsection (a)(2)(A) for threatening to distribute
any child pornography, as described in that subsection, shall
be punished as provided in paragraph (2) of this subsection
if no such child pornography existed.''.
SEC. 133. PENALTIES FOR THREATS TO DISTRIBUTE CHILD SEXUAL
ABUSE MATERIAL.
(a) In General.--Title 18, United States Code, is amended--
(1) in section 1466A--
(A) in subsection (a), in the matter preceding subsection
(b), by inserting ``, but if the offense involves the knowing
use of a visual depiction of a minor engaged in sexually
explicit conduct, with the intent to intimidate, coerce,
extort, or cause substantial emotional distress to any
person, the maximum term of imprisonment provided in section
2252A(b)(1) shall be increased by 10 years'' before the
period at the end; and
(B) in subsection (b), in the matter preceding subsection
(c), by inserting ``, but if the offense involves the knowing
use of a visual depiction of a minor engaged in sexually
explicit conduct, with the intent to intimidate, coerce,
extort, or cause substantial emotional distress to any
person, the maximum term of imprisonment provided in section
2252A(b)(2) shall be increased by 10 years'' before the
period at the end; and
(2) in section 2260A--
(A) in the section heading, by striking ``Penalties for
registered sex offenders'' and inserting ``Other offenses and
penalties'';
(B) by striking ``Whoever'' and inserting the following:
``(1) Offenses by registered sex offenders.--Whoever''; and
(C) by adding at the end the following:
``(2) Additional penalties.--If any offense under section
875(d), 2251, 2252, 2252A, or 2260 involves the knowing use
of child pornography with the intent to intimidate, coerce,
extort, or cause substantial emotional distress to any
person, the maximum term of imprisonment provided in section
875(d), 2251(e), 2252(b), 2252A(b), or 2260(c) shall be
increased by 10 years.''.
(b) Clerical Amendment.--The table of sections for chapter
110 of title 18, United States Code, is amended by striking
the item relating to section 2260A and inserting the
following:
``2260A. Other offenses and penalties.''.
SEC. 134. SEVERABILITY.
If any provision of this subtitle, an amendment made by
this subtitle, or the application of such provision or
amendment to any person or circumstance is held to be
unconstitutional, the remainder of this subtitle, the
amendments made by this subtitle, and the application of the
provisions of such to any person or circumstance shall not be
affected thereby.
TITLE II--COMBATING ORGANIZED RETAIL CRIME
SEC. 201. SHORT TITLE.
This title may be cited as the ``Combating Organized Retail
Crime Act of 2026''.
SEC. 202. FINDINGS.
It is the sense of Congress that--
(1) organized theft groups, involving sophisticated and
structured groups of individuals, continue to increase
criminal activities carried out by the groups against the
retail industry and the supply chain of the Nation, and these
activities, at unprecedented levels, involve theft and fraud
of both physical and digital goods, leading to escalating
financial losses and violence in the workplace--all impacting
the national economy and security of the United States;
(2) retailers face mounting thefts and fraud because of
organized retail crime in and around stores, online, and
throughout the retail ecosystem, and, according to the
National Retail Federation, larceny incidents increased by 93
percent in 2023 compared to 2019, with a 90 percent rise in
average dollar loss;
(3) these thefts are often orchestrated by organized theft
groups reselling and redistributing the stolen goods back
into the economy of the United States or overseas to gain
illicit profit and to finance other criminal activity, and
more than 84 percent of retailers report that violence and
aggression from these criminal activities has become more of
a concern since 2022, resulting in injuries and deaths among
employees, customers, security officers, and law enforcement
personnel;
(4) product manufacturers and the supply chain of the
Nation are victims of alarming increases in cargo theft
across rails, roads, and the various distribution points
across the Nation;
(5) CargoNet, a database of reported incidents in the
United States, reported a 27 percent increase in cargo theft
incidents in 2024 compared to the previous year, while during
the same period, the average value per theft rose to over
$202,000;
(6) these thefts range from large-scale physical theft of
goods from containers and storage to sophisticated
cybercriminal methods that divert shipments to illicit
receivers, causing significant financial losses and
operational supply chain disruptions;
(7) since 2022, more than 30 State laws have been enacted
to address organized theft, allow for aggregation of thefts,
and adjust penalties and enhancements, including in 2024,
California voters overwhelmingly approving a constitutional
reform to allow aggregation of multiple or repeated thefts;
(8) although larceny and organized retail crime are
sometimes prosecuted at State and local levels, States face
resource and investigative challenges from groups operating
beyond local, State, and regional law enforcement
capabilities, and more needs to be done to address the cross-
jurisdictional, interstate, and international aspects of
these crimes;
(9) organized theft groups vary in scope and scale,
operating across State jurisdictions to avoid or disrupt
local, State, and
[[Page S3777]]
Tribal law enforcement response, and these organized theft
groups build hierarchies to easily redistribute stolen goods
and illicit profits back into the economy of the United
States or overseas with disregard for product and consumer
safety;
(10) the groups exist and operate at the local, regional,
and transnational level, targeting goods that include raw and
finished materials, various branded retail products across
all consumer categories, operational assets in retail
commerce such as reusable transport packaging products, and
consumable goods including agriculture, food products, and
medicines;
(11) these groups are often polycriminal organizations,
using profit from the reselling of stolen goods to support
crimes involving drugs and weapons trafficking;
(12) the organized theft groups engage in human smuggling
and have been known to use migrants to commit crimes to
support the organizations;
(13) the groups move products and illicit proceeds beyond
the borders of the United States, funding nefarious groups
and activities and threatening the integrity of the
international economy;
(14) organized theft groups--
(A) threaten the safety and liberty of individuals in the
United States when those individuals engage in commerce;
(B) impact the ability of the Nation to distribute goods to
consumers, undermine consumer confidence in the supply chain,
and threaten the integrity of agricultural and consumable
goods;
(C) erode the national economy by increasing the cost of
goods, resulting in higher prices for consumers, reducing tax
revenues, and impacting employees, customers, and businesses
alike; and
(D) impact the national security of the United States
through financing transnational criminal activity and
providing profit and proceeds supporting larger criminal
goals of the criminal organizations; and
(15) it has become necessary for Congress to--
(A) 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 that law enforcement is
able to combat theft and diversion from other portions of the
supply chain; and
(B) direct the executive branch to create a central
coordination center to align Federal, State, local,
territorial, and Tribal efforts to combat organized retail
crime and organized supply chain crime.
SEC. 203. 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 shipments by
carrier; State prosecutions);'';
(C) in subparagraph (E), as so redesignated, by striking
``; or'' and inserting a semicolon; and
(D) 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)--
(A) in paragraph (5), by striking ``and money orders'' and
inserting ``money orders, general-use prepaid cards, gift
certificates, and store gift cards''; and
(B) in paragraph (7)(D)--
(i) by inserting ``section 659 (interstate or foreign
shipments by carrier; State prosecutions),'' after ``section
658 (relating to property mortgaged or pledged to farm credit
agencies),''; and
(ii) by inserting ``section 2314 (transportation 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
State tax stamps),'' after ``section 2281 (relating to
violence against maritime fixed platforms),'';
(3) in section 2314, in the first paragraph--
(A) by inserting ``or of an aggregate value of $5,000 or
more during any 12-month period,'' after ``more,'';
(B) by inserting ``embezzled,'' after ``stolen,''; and
(C) by inserting ``, false pretense, or other illegal
means'' after ``fraud''; and
(4) in section 2315, in the first paragraph, by inserting
``or of an aggregate value of $5,000 or more during any 12-
month period,'' after ``$5,000 or more,''.
SEC. 204. ESTABLISHMENT OF A CENTER TO COMBAT ORGANIZED
RETAIL AND SUPPLY CHAIN 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 following:
``SEC. 305A. ORGANIZED RETAIL AND SUPPLY CHAIN CRIME
COORDINATION CENTER.
``(a) Definitions.--In this section:
``(1) Center.--The term `Center' means the Organized Retail
and Supply Chain Crime Coordination Center established
pursuant to subsection (b)(1).
``(2) Executive associate director.--The term `Executive
Associate Director' means the Executive Associate Director of
Homeland Security Investigations.
``(3) Organized retail and supply chain crime.--The term
`organized retail and supply chain crime' means--
``(A) 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 for the purpose of the systematic, large-scale
theft of retail goods or goods in the supply chain from
manufacturers, logistics and transportation providers,
distributors, or retailers, which may include the subsequent
resale of those stolen goods in interstate or foreign
commerce for financial gain;
``(B) 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) in the context of an
organized retail and supply chain crime group; or
``(C) other crimes which materially further organized
retail and supply chain crime.
``(4) Organized retail and supply chain crime group.--The
term `organized retail and supply chain crime group' means 3
or more individuals who are jointly engaged in the conduct
described in paragraph (3), with a centralized coordination
of operations across the steps of the organized retail and
supply chain crime cycle.
``(5) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(b) Organized Retail and Supply Chain Crime Coordination
Center.--
``(1) Establishment.--Not later than 90 days after the date
of enactment of the Combating Organized Retail Crime Act of
2026, the Secretary shall direct the Executive Associate
Director to establish the Organized Retail and Supply Chain
Crime Coordination Center.
``(2) Duties.--The duties of the Center shall include--
``(A) coordinating Federal law enforcement activities
related to organized retail and supply chain crime and
organized retail and supply chain crime groups, including
investigations of national and transnational criminal
organizations that are engaged in organized retail and supply
chain crime;
``(B) establishing relationships with State, local, Tribal,
and territorial law enforcement agencies and organizations,
including organized retail crime associations, cargo theft
associations, and other companies determined by the Executive
Associate Director to have significant interests relating to
organized retail and supply chain crime threats;
``(C) assisting State, local, Tribal and territorial law
enforcement agencies with State and local investigations of
organized retail and supply chain crime groups pursuant to
existing law;
``(D) establishing a mechanism to--
``(i) receive investigative information on organized retail
and supply chain crime from Federal, State, local, Tribal,
and territorial law enforcement agencies and retail,
transportation, and other organizations, including organized
retail crime associations, cargo theft associations, and
other companies determined by the Executive Associate
Director to have significant interests relating to organized
retail and supply chain crime threats; and
``(ii) disseminate analysis of the tactics, techniques, and
procedures of organized retail and supply chain crime groups,
including through analysis of information received through
the mechanism, to Federal, State, local, Tribal, and
territorial law enforcement agencies and organized retail
crime associations and cargo theft associations, including
organized retail crime associations, cargo theft
associations, and other companies determined by the Executive
Associate Director to have significant interests relating to
organized retail and supply chain crime threats;
``(E) not later than 60 days after the date of enactment of
the Combating Organized Retail Crime Act of 2026, reporting
to Congress regarding whether the Homeland Security
Information Network is sufficient to implement the
information sharing requirements under the duties under this
paragraph;
``(F) in coordination with the Privacy Officer and Civil
Rights and Civil Liberties Officers of the Department of
Homeland Security--
``(i) developing, implementing, and regularly reviewing for
needed updates training and instructions about what
information is authorized for submission under subparagraph
(D), consistent with the definitions in subsection (a) and
appropriate privacy and civil liberties guardrails, and
ensuring regular training for all individuals submitting such
information;
``(ii) requiring that for each submission of such
information, the submitting entity certify that the
investigative information meets the definitions under
subsection (a) and is consistent with the training;
``(iii) conducting regular quality assurance to ensure that
all information submitted, retained, and shared is consistent
with the definitions under subsection (a);
``(iv) establishing thresholds for the collection,
retention, and dissemination of any personally identifiable
information about a citizen of the United States, an alien
lawfully admitted for permanent residence to the United
States, or an individual residing inside the United States,
including limits on the retention of such information;
``(v) memorializing any determination to collect, retain,
or disseminate personally
[[Page S3778]]
identifiable information about a citizen of the United
States, an alien lawfully admitted for permanent residence to
the United States, or an individual residing inside the
United States consistent with the thresholds established
under clause (iv) along with a justification for that
decision;
``(vi) ensuring that personally identifiable information
about a citizen of the United States, an alien lawfully
admitted for permanent residence to the United States, or an
individual residing inside the United States may not be
disseminated or used within the Department of Homeland
Security for any purpose other than efforts to counter
transnational organized retail and supply chain crime groups,
unless the Center determines (and documents) that there is
probable cause to believe the individual described in the
personally identifiable information is committing, attempting
to commit, or aiding or abetting a crime; and
``(vii) not later than 60 days after the date of enactment
of the Combating Organized Retail Crime Act of 2026, carrying
out 1 or more privacy compliance review processes and
publishing new or updated privacy impact assessments and
system of records notices in accordance with the document of
the Office of Management and Budget entitled `Guidance for
Implementing the Privacy Provisions of the E-Government Act
of 2002' (OMB M-03-22) and the document of the Office of
Management and Budget entitled `Managing Information as a
Strategic Resource' (OMB Circular A-130) for each new or
updated information technology system and project that
collects, maintains, or disseminates information in
identifiable information from or about members of the public
including any databases or systems used or developed in this
section;
``(G) tracking trends with respect to organized retail and
supply chain crime and organized retail and supply chain
crime groups and releasing annual public reports on such
trends; and
``(H) supporting the provision of training and technical
assistance in accordance with subsection (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 Enforcement; and
``(iii) in a Senior Executive Service position 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 Director, who shall be appointed, on a
2-year rotational basis, upon request from the Executive
Associate Director, by--
``(i) the Director of the Federal Bureau of Investigation;
or
``(ii) the Director of the United States Secret Service.
``(C) Federal staff.--The staff of the Center--
``(i) shall include special agents and analysts from
Homeland Security Investigations; and
``(ii) may also include detailed criminal investigators,
analysts, and liaisons from other Federal agencies who have
responsibilities related to organized retail and supply chain
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, Tobacco, Firearms and
Explosives;
``(V) the Drug Enforcement Administration;
``(VI) the Federal Bureau of Investigation; and
``(VII) the Federal Motor Carrier Safety Administration.
``(D) State and local staff.--The staff of the Center may
include detailees from State, local, Tribal, and territorial
law enforcement agencies, who shall serve at the Center on a
nonreimbursable basis.
``(4) Coordination.--
``(A) In general.--The Center shall coordinate its
activities related to organized retail and supply chain
crime, as appropriate, with other Federal agencies and
centers responsible for countering transnational organized
crime threats.
``(B) Shared resources.--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).
``(C) Information sharing.--
``(i) In general.--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.
``(ii) Non-delegable authority.--The Director 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
enactment of the Combating Organized Retail Crime Act of
2026, the Secretary shall make publicly available a report
regarding the establishment of the Center and submit such
report to--
``(I) the Committee on the Judiciary of the Senate;
``(II) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(III) the Committee on the Judiciary of the House of
Representatives; and
``(IV) the Committee on Homeland Security of the House of
Representatives.
``(ii) Contents.--The report required under clause (i)
shall include--
``(I) a description of the organizational structure of the
Center;
``(II) a list of the Federal, State, local, Tribal, and
territorial agencies and private sector entities that
participate in the Center or have access to the data of the
Center;
``(III) the number of open and closed assessments, open and
closed preliminary investigations, open and closed full
investigations, and prosecutions involving activities of the
Center and a description of the nature of each crime;
``(IV) a list of the data systems accessible through the
Center, including data originating from outside the Center,
the names of data providers, and the names of any private
sector contractors that provide data or intelligence reports;
``(V) the number and purpose of searches of individuals
involving personally identifiable information of data under
mechanisms established and used under paragraph (2)(D);
``(VI) the use of biometrics by the Center, including--
``(aa) the types of biometrics that are captured, acquired,
shared, stored, or maintained;
``(bb) the processes and tools the Center and partners use
for these purposes;
``(cc) the sources of the biometrics, including any
contracts;
``(dd) the access controls to the biometrics; and
``(ee) any oversight processes implemented by the Center;
``(VII) if the Center plays a role in watchlisting
processes, information about the role of the Center in these
processes, including a description of the nominations
process, who may nominate, to which watch lists, what
information is used for these purposes, the number of
nominations to watch lists conducted by nominators, the
number of nominations that involve information originating
from a private sector entity, audits of the nominations for
continued relevance, and the controls put in place to oversee
the processes;
``(VIII) any challenges required to be addressed while
establishing the Center;
``(IX) any lessons learned from establishing the Center,
including successful prosecutions resulting from the
activities of the Center;
``(X) recommendations for ways to strengthen the
enforcement of laws involving organized retail and supply
chain crime;
``(XI) the intersections and commonalities between
organized retail crime organizations and other organized
theft groups, including supply chain diversion and theft; and
``(XII) the impact of organized theft groups on the
scarcity of vital products, including medicines, personal
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), and each year thereafter, the Secretary
shall submit to the congressional committees listed in
subparagraph (A)(i) and make publicly available an annual
report that describes the activities of the Center during the
previous year, which shall address the information described
in subclauses (I) through (XII) of subparagraph (A).
``(C) Privacy and civil liberties audits.--The Privacy
Office and the Civil Rights and Civil Liberties Office of the
Department of Homeland Security shall annually--
``(i) conduct an audit of the implementation of the
procedures described in paragraph (2)(F); and
``(ii) submit to Congress a report discussing the findings
of the audit.
``(D) Comptroller general report.--Not later than 3 years
after the date of the enactment of the Combating Organized
Retail Crime Act of 2026, the Comptroller General shall
publish a report on the activities of the Center, which shall
include an assessment of the implementation of the duties of
the Center described in paragraph (2).
``(6) Sunset.--
``(A) In general.--The authority of the Center shall
terminate on the date that is 3 years after the date on which
the Center is established under paragraph (1).
``(B) Wind down.--The Secretary shall take such actions as
may be necessary to wind down the Center in accordance with
subparagraph (A).
``(c) Training and Technical Assistance.--
``(1) Evaluation.--Not later than 180 days after the date
of enactment of the Combating Organized Retail Crime Act of
2026, the Secretary and the Attorney General shall conduct an
evaluation of existing Federal programs that provide training
and technical support to State, local, Tribal, and
territorial law enforcement to assist in countering organized
retail and supply chain crime and organized retail and supply
chain crime groups.
``(2) Report.--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--
``(A) describes the results of such evaluation; and
[[Page S3779]]
``(B) includes recommendations on ways to improve programs,
training, and technical assistance for combating organized
retail and supply chain crime.
``(3) Enhancing or modifying training and technical
assistance.--Not later than 45 days after submitting the
report required under paragraph (2), 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 training and technical
assistance designed to counter organized retail and supply
chain crime.''.
(b) Clerical Amendment.--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.''.
TITLE III--LIEUTENANT OSVALDO ALBARATI STOPPING PRISON CONTRABAND ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Lieutenant Osvaldo
Albarati Stopping Prison Contraband Act''.
SEC. 302. PROHIBITED PROVISION OF A PHONE.
Section 1791(b) of title 18, United States Code, is
amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively;
(2) by inserting after paragraph (3) the following:
``(4) in the case of a violation of subsection (a)(1),
imprisonment for not more than 2 years, or both, if the
object is specified in subsection (d)(1)(F) of this
section;''; and
(3) in paragraph (5), as so redesignated, by inserting ``,
in the case of a violation of subsection (a)(2),'' before
``(d)(1)(F)''.
SEC. 303. REVIEW OF POLICIES.
Not later than 1 year after the date of enactment of this
Act, the Director of the Bureau of Prisons shall--
(1) conduct a review of the policies of the Bureau of
Prisons pertaining to inmates who make, possess, obtain, or
attempt to make or obtain a prohibited object, as defined in
section 1791(d)(1) of title 18, United States Code; and
(2) update those policies as needed to improve protections
for incarcerated individuals and staff.
TITLE IV--COMBATING ILLICIT XYLAZINE
SEC. 401. SHORT TITLE.
This title may be cited as the ``Combating Illicit Xylazine
Act''.
SEC. 402. DEFINITIONS.
(a) In General.--In this title--
(1) the term ``practitioner'' has the meaning given the
term under section 102 of the Controlled Substances Act (21
U.S.C. 802); and
(2) the term ``xylazine'' has the meaning given the term in
paragraph (61) of section 102 of the Controlled Substances
Act, as added by subsection (b) of this section.
(b) Controlled Substances Act.--Section 102 of the
Controlled Substances Act (21 U.S.C. 802) is amended by
adding at the end the following:
``(61) The term `xylazine' means the substance xylazine,
including its salts, isomers, and salts of isomers whenever
the existence of such salts, isomers, and salts of isomers is
possible.''.
SEC. 403. ADDING XYLAZINE TO SCHEDULE III.
Schedule III of section 202(c) of the Controlled Substances
Act (21 U.S.C. 812) is amended by adding at the end the
following:
``(f) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of xylazine.''.
SEC. 404. AMENDMENTS.
(a) Amendment.--Section 102 of the Controlled Substances
Act (21 U.S.C. 802) is amended by striking paragraph (27) and
inserting the following:
``(27)(A) Except as provided in subparagraph (B), the term
`ultimate user' means a person who has lawfully obtained, and
who possesses, a controlled substance for the use by the
person or for the use of a member of the household of the
person or for an animal owned by the person or by a member of
the household of the person.
``(B)(i) In the case of xylazine, other than for a drug
product approved under subsection (b) or (j) of section 505
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355),
the term `ultimate user' means a person--
``(I) to whom xylazine was dispensed by--
``(aa) a veterinarian registered under this Act; or
``(bb) a pharmacy registered under this Act pursuant to a
prescription of a veterinarian registered under this Act; and
``(II) who possesses xylazine for--
``(aa) an animal owned by the person or by a member of the
household of the person;
``(bb) an animal under the care of the person;
``(cc) use in government animal-control programs authorized
under applicable Federal, State, Tribal, or local law; or
``(dd) use in wildlife programs authorized under applicable
Federal, State, Tribal, or local law.
``(ii) In this subparagraph, the term `person' includes--
``(I) a government agency or business where animals are
located; and
``(II) an employee or agent of an agency or business acting
within the scope of their employment or agency.''.
(b) Facilities.--An entity that manufactures xylazine, as
of the date of enactment of this Act, shall not be required
to make capital expenditures necessary to install the
security standard required of schedule III of the Controlled
Substances Act (21 U.S.C. 801 et seq.) for the purposes of
manufacturing xylazine.
(c) Labeling.--The requirements related to labeling,
packaging, and distribution logistics of a controlled
substance in schedule III of section 202(c) of the Controlled
Substances Act (21 U.S.C. 812(c)) shall not take effect for
xylazine until the date that is 1 year after the date of
enactment of this Act.
(d) Practitioner Registration.--The requirements related to
practitioner registration, inventory, and recordkeeping of a
controlled substance in schedule III of section 202(c) of the
Controlled Substances Act (21 U.S.C. 812(c)) shall not take
effect for xylazine until the date that is 60 days after the
date of enactment of this Act. A practitioner that has
applied for registration during the 60-day period beginning
on the date of enactment of this Act may continue their
lawful activities until such application is approved or
denied.
(e) Manufacturer Transition.--The Food and Drug
Administration and the Drug Enforcement Administration shall
facilitate and expedite the relevant manufacturer submissions
or applications required by the placement of xylazine on
schedule III of section 202(c) of the Controlled Substances
Act (21 U.S.C. 812(c)).
(f) Clarification.--Nothing in this section, or the
amendments made by this section, shall be construed to
require the registration of an ultimate user of xylazine
under the Controlled Substances Act (21 U.S.C. 801 et seq.)
in order to possess xylazine in accordance with subparagraph
(B) of section 102(27) of that Act (21 U.S.C. 802(27)), as
added by subsection (a) of this section.
SEC. 405. ARCOS TRACKING.
Section 307(i) of the Controlled Substances Act (21 U.S.C.
827(i)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting ``or xylazine'' after ``gamma
hydroxybutyric acid'';
(B) by inserting ``or 512'' after ``section 505''; and
(C) by inserting ``respectively,'' after ``the Federal
Food, Drug, and Cosmetic Act,''; and
(2) in paragraph (6), by inserting ``and xylazine'' after
``gamma hydroxybutyric acid''.
SEC. 406. SENTENCING COMMISSION.
Pursuant to its authority under section 994(p) of title 28,
United States Code, the United States Sentencing Commission
shall review and, if appropriate, amend its sentencing
guidelines, policy statements, and official commentary
applicable to persons convicted of an offense under section
401 of the Controlled Substances Act (21 U.S.C. 841) or
section 1010 of the Controlled Substances Import and Export
Act (21 U.S.C. 960) to provide appropriate penalties for
offenses involving xylazine that are consistent with the
amendments made by this title. In carrying out this section,
the Commission should consider the common forms of xylazine
as well as its use alongside other scheduled substances.
SEC. 407. REPORT TO CONGRESS ON XYLAZINE.
(a) Control Report.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Attorney General, acting through
the Administrator of the Drug Enforcement Administration and
in coordination with the Secretary of Health and Human
Services, shall submit to Congress a report with an
assessment of the factors listed in section 201(c) of the
Controlled Substances Act (21 U.S.C. 811(c)) for xylazine,
which includes a scientific and medical evaluation and
recommendations from the Secretary of Health and Human
Services and a law enforcement and abuse evaluation by the
Drug Enforcement Administration.
(2) Requirements.--The report required under paragraph (1)
shall--
(A) include the full text of the scientific and medical
evaluation and recommendations regarding whether xylazine
should be controlled as a controlled substance, submitted by
the Secretary of Health and Human Services to the Attorney
General pursuant to section 201(b) of the Controlled
Substances Act (21 U.S.C. 811(b)) on or before December 31,
2025; and
(B) be published on the websites of the Department of
Health and Human Services and the Department of Justice.
(b) Initial Report.--Not later than 18 months after the
date of the enactment of this Act, the Attorney General,
acting through the Administrator of the Drug Enforcement
Administration and in coordination with the Commissioner of
Food and Drugs, shall submit to Congress a report on the
prevalence of illicit use of xylazine in the United States
and the impacts of such use, including--
(1) where the drug is being diverted;
(2) where the drug is originating; and
(3) whether any analogues to xylazine, or related or
derivative substances, exist and present a substantial risk
of abuse.
(c) Additional Report.--Not later than 4 years after the
date of the enactment of this Act, the Attorney General,
acting through the Administrator of the Drug Enforcement
Administration and in coordination with the Commissioner of
Food and Drugs, shall submit to Congress a report updating
Congress
[[Page S3780]]
on the prevalence and proliferation of xylazine trafficking
and misuse in the United States.
______