S.1404 - Combating Organized Retail Crime Act (119th Congress)
Summary
S.1404, the "Combating Organized Retail Crime Act," aims to combat organized crime related to the illegal acquisition of retail goods and cargo. It seeks to amend Title 18 of the United States Code to provide law enforcement with the necessary tools to combat organized retail crime. The bill also directs the executive branch to establish a central coordination center to align federal, state, local, territorial, and tribal efforts against organized retail and supply chain crime.
This act addresses the increasing problem of organized retail theft, which leads to financial losses, violence, and economic disruption. It aims to enhance law enforcement capabilities and improve coordination among different levels of government and the private sector.
Ultimately, the goal is to protect businesses, consumers, and the national economy from the negative impacts of organized retail crime.
Expected Effects
The bill's enactment would likely lead to increased federal involvement in combating organized retail crime. This would include enhanced law enforcement efforts, improved information sharing, and greater coordination among various agencies. The establishment of a coordination center would centralize efforts and provide resources to state and local law enforcement.
Additionally, amending Title 18 would broaden the scope of federal criminal statutes related to theft and fraud, potentially leading to more prosecutions and stricter penalties. This could deter organized retail crime and reduce its impact on businesses and consumers.
Potential Benefits
- Reduced Financial Losses: By combating organized retail crime, the act can help reduce financial losses for retailers, manufacturers, and the supply chain.
- Enhanced Public Safety: The act addresses violence and aggression associated with organized retail crime, leading to safer environments for employees, customers, and law enforcement.
- Improved Supply Chain Security: By targeting cargo theft, the act can improve the security and reliability of the national supply chain.
- Increased Consumer Confidence: Reducing retail crime can boost consumer confidence in the availability and safety of goods.
- Strengthened Law Enforcement Capabilities: The act provides law enforcement with additional tools and resources to combat organized retail crime effectively.
Potential Disadvantages
- Potential for Overreach: Expanding federal law enforcement authority could lead to potential overreach and infringement on state and local jurisdictions.
- Increased Federal Spending: Establishing and maintaining the coordination center and expanding law enforcement efforts could result in increased federal spending.
- Privacy Concerns: Increased information sharing among government agencies and private sector entities could raise privacy concerns.
- Potential for Unintended Consequences: Changes to criminal statutes could have unintended consequences, such as disproportionately affecting certain communities.
- Limited Scope: The act primarily focuses on retail crime and may not address the root causes of theft and fraud.
Constitutional Alignment
The bill appears to align with the Commerce Clause (Article I, Section 8, Clause 3) of the U.S. Constitution, which grants Congress the power to regulate interstate commerce. Organized retail crime often involves the movement of stolen goods across state lines, impacting interstate commerce.
Additionally, the Necessary and Proper Clause (Article I, Section 8, Clause 18) allows Congress to enact laws necessary to carry out its enumerated powers, such as regulating commerce. The establishment of a coordination center and the amendment of Title 18 could be considered necessary and proper for combating organized retail crime.
However, concerns about federal overreach and potential infringement on state sovereignty could raise questions under the Tenth Amendment, which reserves powers not delegated to the federal government to the states.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).