Count the Crimes to Cut Act

Bill Number: S. 3868
Origin Chamber: Senate
Congress: 119th Congress, Session 2
Policy Area: Crime and Law Enforcement
Status: Introduced
Latest Action: 2026-02-12: Read twice and referred to the Committee on the Judiciary.
Last Updated: 2026-04-28T11:03:22Z

AI-Generated Summary

Purpose

The "Count the Crimes to Cut Act" (S. 3868) aims to increase transparency about federal criminal laws by requiring the compilation and public disclosure of all federal criminal offenses. This includes both crimes defined directly in statutes (laws passed by Congress) and those arising from regulations (rules made by agencies) that carry criminal penalties. The goal is to provide Congress and the public with detailed information on these offenses, including their elements (what must be proven to convict someone), penalties, prosecution history, and mental state requirements (known as mens rea, which refers to the intent or knowledge a person must have to be guilty).

Key Provisions

Definitions:
Criminal statutory offense: A crime defined in a federal law passed by Congress.
Criminal regulatory offense: A violation of a federal agency rule that can result in criminal punishment.
Report on Statutory Offenses: Within one year of the bill's enactment, the Attorney General must submit a report to the Senate and House Judiciary Committees, including:
A complete list of all such offenses, with their elements.
For each offense: Potential penalties (e.g., fines or prison time), number of Department of Justice prosecutions over the past 15 years, and mens rea requirements.
Report on Regulatory Offenses: Within one year, heads of specified federal agencies (e.g., Departments of Agriculture, Commerce, Health and Human Services; plus commissions like the Federal Trade Commission and Environmental Protection Agency) must submit similar reports to the Judiciary Committees, covering:
A list of offenses enforceable by their agency.
For each: Potential penalties, number of referrals to the Department of Justice for prosecution over the past 15 years, and mens rea requirements.
Public Indexes: Within two years:
The Attorney General must create and post a free, public online index of all statutory offenses on the Department of Justice website.
Agency heads must do the same for their regulatory offenses on their agency websites.
No Funding Required: The bill does not authorize or require new government spending to carry out these tasks.

Significant Changes to Existing Law

This legislation introduces new reporting and disclosure requirements that do not currently exist in federal law. It mandates the first comprehensive cataloging of federal criminal offenses across statutes and regulations, along with historical prosecution data and public online access. Previously, such information was scattered and not systematically tracked or made publicly available in this detailed form.

Potential Impacts

Government Agencies: The Department of Justice and the 30+ listed agencies will need to invest time and resources in reviewing records, compiling lists, and building public indexes, potentially straining administrative workloads without additional funding.
Citizens: Greater public access to information on federal crimes could help individuals, businesses, and lawyers better understand legal risks, comply with laws, and avoid unintentional violations, especially in regulated industries like finance, environment, or consumer products.
International Relations: Minimal direct impact, though clearer documentation of U.S. criminal laws might aid foreign entities in navigating compliance for trade, exports, or international business.

Main Stakeholders Affected

Congress: Judiciary Committees in the Senate and House, which receive the reports and could use them for oversight or reform.
Federal Agencies: The Attorney General (Department of Justice) and heads of agencies like the Environmental Protection Agency, Securities and Exchange Commission, and Department of Labor, who must prepare reports and indexes.
Public and Legal Community: Citizens, businesses, and attorneys who gain free access to detailed crime information, potentially benefiting from reduced legal uncertainty.
Bipartisan Sponsors: Introduced by Senators Lee, Coons, Cruz, Booker, Wicker, and Welch, indicating support across party lines.

Notable Legal, Constitutional, or Political Implications

Legal: Emphasizes mens rea in reports, which could highlight gaps in intent requirements for some offenses, potentially influencing future court challenges or reforms to ensure fair notice of criminal liability (a due process concern under the Constitution).
Constitutional: Aligns with principles of transparency and accountability in government, but raises no direct constitutional issues; it supports Article I's congressional oversight powers without infringing on executive functions.
Political: The bill's title suggests an intent to identify and possibly reduce ("cut") federal crimes, which could fuel debates on overcriminalization—where too many laws create excessive penalties. This might lead to broader legislative efforts to simplify or repeal outdated offenses, appealing to both conservative (deregulation) and progressive (criminal justice reform) agendas.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Lee, Mike [R-UT]

Cosponsors (13)

Sen. Coons, Christopher A. [D-DE], Sen. Cruz, Ted [R-TX], Sen. Booker, Cory A. [D-NJ], Sen. Wicker, Roger F. [R-MS], Sen. Welch, Peter [D-VT], Sen. Padilla, Alex [D-CA], Sen. Klobuchar, Amy [D-MN], Sen. Graham, Lindsey [R-SC], Sen. Blumenthal, Richard [D-CT], Sen. Cornyn, John [R-TX], Sen. Durbin, Richard J. [D-IL], Sen. Scott, Rick [R-FL], Sen. Paul, Rand [R-KY]