Count the Crimes to Cut Act
- Sponsor
- Sen. Lee, Mike [R-UT]
- Committees
- Judiciary Committee (primary)
- Last action
- Feb 12, 2026
Bottom line
The bill aims to enhance transparency and accountability regarding the vast and complex landscape of federal criminal laws and regulations by requiring comprehensive reports and public online indexes from federal agencies.
What it actually does
This bill directs the Attorney General to submit a report to Congress listing all federal criminal statutory offenses, including their elements, potential penalties, prosecution history, and mens rea requirements. It also mandates that the heads of numerous federal agencies submit similar reports for criminal regulatory offenses enforceable by their respective agencies. Furthermore, it requires the Attorney General and these agencies to establish publicly accessible online indexes of these criminal offenses.
Proponents argue
Proponents argue that the sheer volume and often obscure nature of federal criminal laws and regulations make it difficult for citizens and businesses to understand what constitutes a crime, contributing to overcriminalization. They contend that this bill will provide essential data for Congress to review, identify, and potentially reform or eliminate outdated, redundant, or unclear criminal offenses, thereby improving due process and fairness in the justice system.
Opponents contend
Opponents might argue that compiling such an exhaustive list of criminal statutory and regulatory offenses represents an enormous administrative burden on federal agencies, potentially diverting critical resources from their primary enforcement and regulatory duties. They could also express concerns that the effort might be used to weaken necessary environmental, financial, or safety regulations by highlighting technical violations for political purposes.
The bill is very short and clearly written, making it highly accessible for any reader to understand its core directives and implications.
Section 1
Short Title
This section formally names the Act the "Count the Crimes to Cut Act." This short title provides a concise and memorable identifier for the legislation, reflecting its primary goal of cataloging federal criminal offenses.
Supporters argue
Supporters argue that a clear and descriptive short title helps communicate the bill's intent to the public and facilitates legislative discourse, making it easier to refer to and understand the legislation.
Critics contend
No specific opposition is typically raised against short title provisions, as they are standard legislative practice.
Tradeoffs
None apparent for this provision, as it is a standard procedural element of legislation.
Section 2(a)
Definitions of Criminal Offenses
This subsection defines two critical terms for the bill's scope: "criminal regulatory offense" refers to any federal regulation enforceable by a criminal penalty, and "criminal statutory offense" refers to any criminal offense established under a federal statute. These definitions are foundational for ensuring consistency and clarity in the reporting requirements for federal agencies.
Section 2(b)
Attorney General's Report on Federal Criminal Statutes
This provision mandates that the Attorney General submit a detailed report to the Senate and House Judiciary Committees within one year of the bill's enactment. The report must list every federal criminal statutory offense, including its specific legal elements, the potential criminal penalties, the number of prosecutions brought by the Department of Justice for that offense over the preceding 15 years, and its mens rea (guilty mind) requirement.
Section 2(c)
Agency Reports on Criminal Regulatory Offenses
This section requires the heads of over 30 specified federal agencies (e.g., Department of Agriculture, EPA, SEC, HHS) to submit reports to the Judiciary Committees within one year. Each agency's report must list all criminal regulatory offenses it enforces, their potential criminal penalties, the number of violations referred to the Department of Justice for prosecution over the preceding 15 years, and their mens rea requirements. This aims to catalog criminal offenses arising from administrative regulations.
Section 2(d)
Creation of Publicly Accessible Indexes
Within two years of the bill's enactment, the Attorney General is required to establish and maintain a publicly accessible and freely available online index of all criminal statutory offenses on the Department of Justice website. Similarly, the head of each federal agency required to submit a report under subsection (c) must create and maintain a publicly accessible online index of all criminal regulatory offenses they enforce on their respective agency websites.
This rule of construction clarifies that nothing in the section shall be construed to require or authorize appropriations.
Section 2(e)
Why it matters:This is standard legislative practice to clarify that the bill itself does not appropriate funds, even if its directives imply costs. It helps the bill avoid certain budget rules or being classified as an appropriations bill, allowing it to move through committees that do not have appropriations jurisdiction.
Case for: Supporters would argue this clause is necessary to ensure the bill focuses solely on its reporting mandate without directly impacting the appropriations process. It clarifies that any funding for these activities would need to come from existing agency budgets or separate appropriations, maintaining a clear separation of powers regarding spending.
Case against: Critics might argue that by explicitly stating no appropriations are authorized, the bill implicitly acknowledges the significant unfunded mandate it places on federal agencies. This could be seen as a way to pass a costly directive without having to account for the financial burden or provide the necessary resources for its implementation, potentially leading to under-resourced or incomplete compliance.
Estimated impact: This provision clarifies that the substantial administrative and technical costs of compiling reports and creating indexes will not be covered by new, dedicated appropriations under this Act, meaning agencies must absorb these costs within their existing budgets, potentially leading to internal reallocations.