WeVote
Log In
Bill
Bill Summary • S 3868

Count the Crimes to Cut Act (S 3868)

Purpose

The Count the Crimes to Cut Act is an attempt to increase transparency about the scope and enforcement of federal criminal law. By requiring the Attorney General (AG) and a broad set of federal agencies to compile and publicize detailed lists of their criminal offenses, the bill seeks to give Congress, courts, law‑enforcement agencies, and the public a clearer picture of what crimes exist at the federal level and how often they are prosecuted.

Key Provisions

Section What it Requires Who Must Comply
§ 2 – Report on Criminal Statutory Offenses The AG must submit to the Senate & House Judiciary Committees a list that includes: • the elements of each statutory offense • potential penalties • annual prosecutions for the prior 15 years • the mens rea (mental state) requirement Attorney General
§ 3 – Report on Criminal Regulatory Offenses For each federal agency listed in § 3(2), the agency head must submit a similar report on regulatory offenses enforceable by criminal penalty, covering the same items as above plus • number of violations referred to DOJ each of the prior 15 years Heads of the 33 agencies enumerated (e.g., D.O.G., FCC, FTC, EPA, etc.)
§ 4 – Public Index Within 2 years: • AG creates a publicly accessible index of all statutory offenses and makes it available on the DOJ website. • Each agency creates a public index of its regulatory offenses and posts it on the agency’s website. Attorney General & agency heads
§ 5 – Rule of Construction The Act does not authorize appropriations or mandate spending. –

Definitions (§ 2(a))

* Criminal regulatory offense – a federal regulation that can be enforced by criminal penalty.

* Criminal statutory offense – a criminal offense under a federal statute.

Affected Parties

Category Impact
Federal Agencies Must audit and report all criminal regulatory offenses; produce publicly accessible indices.
Attorney General & DOJ Must compile, analyze, and submit reports on statutory offenses; maintain DOJ‑wide index.
Congress Gains data on offense counts, penalties, and prosecution frequency to inform oversight or legislative reforms.
Law‑enforcement & Courts Receive clearer information on criminal elements and intended penalties.
Public & Legal Community Gains transparency that could inform litigation, advocacy, and policy discussions.

Timeline & Procedure

  1. 1‑Year Deadline:
    • AG submits statutory offenses report.
    • Each agency submits its regulatory offenses report.
  2. 2‑Year Deadline:
    • Public indices become available on DOJ and agency websites.
  3. Committee Referral: The bill has been read twice and referred to the Senate and House Judiciary Committees; no further legislative action has occurred yet.

Sponsors & Co‑Sponsors

Senate sponsors include Mike Lee, Christopher Coons, Roger Wicker, Lindsey Graham, Cory Booker, Alex Padilla, Amy Klobuchar, Richard Blumenthal, Richard Durbin, Ted Cruz, Peter Welch. The bill’s bipartisan support reflects concerns about regulatory burden and prosecutorial transparency.

Related Legislation

  • S 3959 – Companion bill handling similar reporting for non‑federal agencies.
  • HR 2159 – House companion, mirroring the Senate draft.

Takeaway

The Count the Crimes to Cut Act is a straightforward, no‑cost framework for cataloging federal criminal offenses. By mandating comprehensive, publicly accessible reports and indices, it aims to better inform Congress and the public about what constitutes a federal crime, how often those crimes are pursued, and what penalties are at stake. Its ultimate influence will depend on the quality of the data produced and the willingness of Congress to use it to calibrate federal criminal policy.

Hi! I'm your AI assistant for S 3868. I can help you understand its provisions, impacts, and answer any questions.

Key Provisions Impacts Timeline
Sign in to chat