Bill Summary
The "Count the Crimes to Cut Act" mandates the Attorney General and various federal agencies to compile and report on federal criminal offenses. Specifically, it requires a comprehensive list of all criminal statutory offenses and regulatory offenses that can lead to criminal penalties, along with details such as potential penalties, historical prosecution data over the past 15 years, and the mens rea (mental state) required for each offense.
Within one year of the Act's enactment, the Attorney General must submit a report to the Senate and House Judiciary Committees, while heads of specified federal agencies must do the same for offenses under their jurisdiction. Additionally, the Attorney General is tasked with creating a publicly accessible index of these offenses within two years, which will be made available on the Department of Justice's website. This legislation aims to enhance transparency regarding federal criminal law and regulation enforcement.
Possible Impacts
The "Count the Crimes to Cut Act" could affect people in various ways. Here are three examples:
1. **Increased Awareness of Criminal Offenses**: The establishment of a publicly accessible index of federal criminal offenses will allow individuals, businesses, and legal practitioners to better understand the laws that govern them. This increased transparency can help people avoid unintentional violations of the law, as they will have clearer access to information about criminal statutory and regulatory offenses.
2. **Impact on Federal Prosecutions**: The requirement for federal agencies to report the number of prosecutions and violations over a 15-year period could lead to a reassessment of which offenses are actively enforced. If certain offenses are rarely prosecuted, this may influence public perception about the seriousness of those offenses and could lead to discussions about reforming or decriminalizing specific regulations.
3. **Potential for Legal Challenges**: With detailed reports on the mens rea (intent) requirements for various offenses, individuals charged with crimes may have more information to challenge their cases in court. This could lead to a rise in legal defenses based on the complexities of criminal intent, particularly if the reports reveal inconsistencies or ambiguities in how federal offenses are defined and prosecuted.
Overall, the Act aims to create a more informed public regarding federal criminal law and enhance accountability in enforcement practices.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2159 Referred in Senate (RFS)]
<DOC>
119th CONGRESS
1st Session
H. R. 2159
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 2, 2025
Received; read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
To direct the Attorney General of the United States to submit to the
Congress a report on Federal criminal offenses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Count the Crimes to Cut Act''.
SEC. 2. REPORT ON FEDERAL CRIMINAL OFFENSES.
(a) Definitions.--In this section--
(1) the term ``criminal regulatory offense'' means a
Federal regulation that is enforceable by a criminal penalty;
and
(2) the term ``criminal statutory offense'' means a
criminal offense under a Federal statute.
(b) Report on Criminal Statutory Offenses.--Not later than 1 year
after the date of enactment of this Act, the Attorney General shall
submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a report,
which shall include--
(1) a list of all criminal statutory offenses, including a
list of the elements for each criminal statutory offense; and
(2) for each criminal statutory offense listed under
paragraph (1)--
(A) the potential criminal penalty for the criminal
statutory offense;
(B) the number of prosecutions for the criminal
statutory offense brought by the Department of Justice
each year for the 15-year period preceding the date of
enactment of this Act; and
(C) the mens rea requirement for the criminal
statutory offense.
(c) Report on Criminal Regulatory Offenses.--
(1) Reports.--Not later than 1 year after the date of
enactment of this Act, the head of each Federal agency
described in paragraph (2) shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report, which shall include--
(A) a list of all criminal regulatory offenses
enforceable by the agency; and
(B) for each criminal regulatory offense listed
under subparagraph (A)--
(i) the potential criminal penalty for a
violation of the criminal regulatory offense;
(ii) the number of violations of the
criminal regulatory offense referred to the
Department of Justice for prosecution in each
of the years during the 15-year period
preceding the date of enactment of this Act;
and
(iii) the mens rea requirement for the
criminal regulatory offense.
(2) Agencies described.--The Federal agencies described in
this paragraph are the Department of Agriculture, the
Department of Commerce, the Department of Education, the
Department of Energy, the Department of Health and Human
Services, the Department of Homeland Security, the Department
of Housing and Urban Development, the Department of the
Interior, the Department of Labor, the Department of
Transportation, the Department of the Treasury, the Commodity
Futures Trading Commission, the Consumer Product Safety
Commission, the Equal Employment Opportunity Commission, the
Export-Import Bank of the United States, the Farm Credit
Administration, the Federal Communications Commission, the
Federal Deposit Insurance Corporation, the Federal Election
Commission, the Federal Labor Relations Authority, the Federal
Maritime Commission, the Federal Mine Safety and Health Review
Commission, the Federal Trade Commission, the National Labor
Relations Board, the National Transportation Safety Board, the
Nuclear Regulatory Commission, the Occupational Safety and
Health Review Commission, the Office of Compliance, the Postal
Regulatory Commission, the Securities and Exchange Commission,
the Securities Investor Protection Corporation, the
Environmental Protection Agency, the Small Business
Administration, the Federal Housing Finance Agency, and the
Office of Government Ethics.
(d) Index.--Not later than 2 years after the date of enactment of
this Act--
(1) the Attorney General shall establish a publically
accessible index of each criminal statutory offense listed in
the report required under subsection (b) and make the index
available and freely accessible on the website of the
Department of Justice; and
(2) the head of each agency described in subsection (c)(2)
shall establish a publically accessible index of each criminal
regulatory offense listed in the report required under
subsection (c)(1) and make the index available and freely
accessible on the website of the agency.
(e) Rule of Construction.--Nothing in this section shall be
construed to require or authorize appropriations.
Passed the House of Representatives December 1, 2025.
Attest:
KEVIN F. MCCUMBER,
Clerk.