The five finger discount costs businesses nearly a $100 billion each year and the problem and getting worse. Congress is now weighing a federal response to the problem.

"When the rule of law is gone it threatens our very freedom," said Rep. Andy Biggs during a congressional hearing on the topic this week. "The fact that we’re having this hearing in some ways is very disappointing. We used to be a country that adhered to the rule of law."

The Combating Organized Retail Crime Act, which would set up a multi-agency federal response to retail shrinkage led by the Department of Homeland Security, is currently working its way through the House.

David Johnston, the vice-president of Asset Protection and Retail operations for the National Retail Federation, says that the majority of recent cases are not due to individuals shoplifting small items for themselves but organized crime rings that resell stolen goods for cash.

Johnston says these thieves can get violent.

We have unfortunately had individuals, employees and consumers either injured or killed while shoplifters, who are we believe are connected to these networks, are conducting their thefts and trying not to be apprehended," he said.

However, during a House Judiciary's Subcommittee on Crime and Federal Government Surveillance hearing on organized retail crime and public safety, Rep. Barry Moore, R-Ala., says changing the law might not solve the problem.

You’ve got certain prosecutors who have just decided not to apply the law on the book," said Moore. 'Whether we change the law or not, if it’s not applied it’s very ineffective for us to pass law after law whether it be gun laws or drug laws or whatever the case if in fact they are not prosecuted.

National Police Association Spokeswoman Betsy Smith says when it comes to these crimes, law enforcement often feel their hands are tied.

"One, very often corporate policy does not allow for the investigation and arrest of a lot of retail crimes," explained Smith. "Secondly when police do make an arrest, generally speaking, retail thieves are let out on no cash bond or the case gets dropped altogether."

The National Retail Federation believes an organized federal response will help cut down on theft. The organization is urging congress to pass the bill soon.