Count the Crimes to Cut Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3868 Introduced in Senate (IS)]

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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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