Bill Summary
The "Count the Crimes to Cut Act" is a piece of legislation aimed at increasing transparency and accountability regarding federal criminal offenses. It mandates the Attorney General to compile and submit a report to Congress within one year of enactment, detailing all federal criminal statutory offenses and criminal regulatory offenses.
Key components of the legislation include:
1. **Definitions**: It distinguishes between criminal statutory offenses (those defined by federal statutes) and criminal regulatory offenses (federal regulations with criminal penalties).
2. **Reporting Requirements**: The Attorney General must list all criminal statutory offenses, including their elements, potential penalties, historical prosecution data, and mens rea (mental state) requirements. Federal agencies are similarly required to report on their criminal regulatory offenses, including penalties, historical violation data, and mens rea requirements.
3. **Public Index**: The legislation calls for the creation of publicly accessible indexes for both types of offenses within two years of enactment, making this information readily available to the public via the Department of Justice's website and individual agency websites.
Overall, the Act aims to provide a comprehensive overview of federal criminal offenses, enhancing public awareness and potentially informing future legislative reforms or law enforcement practices.
Possible Impacts
The "Count the Crimes to Cut Act" has several implications for individuals and society at large. Here are three examples of how the legislation could affect people:
1. **Increased Transparency and Awareness of Criminal Offenses**:
- By requiring the Attorney General and federal agencies to compile and publish detailed reports on criminal statutory and regulatory offenses, the legislation promotes transparency. Individuals, businesses, and legal professionals will have better access to information about what constitutes a crime under federal law, including potential penalties and mens rea requirements. This increased awareness may help people avoid inadvertent violations of complex regulations, thereby reducing the likelihood of criminal charges.
2. **Impact on Legal Defense and Prosecution**:
- The comprehensive reporting of prosecutions over the past 15 years will provide valuable data for defense attorneys and criminal justice reform advocates. They can analyze trends in prosecutions and penalties, which may lead to more informed legal strategies and advocacy efforts. Additionally, this could prompt discussions about whether certain offenses are over-enforced or whether penalties are disproportionate, potentially influencing future legislative reforms or changes in prosecutorial discretion.
3. **Potential for Regulatory Compliance Costs**:
- Businesses and organizations may need to invest resources in understanding the new publicly accessible indexes of criminal regulatory offenses. This could involve hiring legal counsel, implementing new compliance programs, or conducting training for employees to ensure adherence to federal regulations. While this may lead to better compliance, it could also result in increased operational costs, especially for small businesses or those operating in heavily regulated industries.
Overall, the "Count the Crimes to Cut Act" seeks to enhance accountability within the federal criminal justice system while also providing necessary information to individuals and organizations affected by these laws.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3868 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3868
To direct the Attorney General to submit to the Congress a report on
Federal criminal offenses, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 12, 2026
Mr. Lee (for himself, Mr. Coons, Mr. Cruz, Mr. Booker, Mr. Wicker, and
Mr. Welch) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To direct the Attorney General 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 Congressional Workplace
Rights, 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.
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