S. 3868: Count the Crimes to Cut Act

This bill, known as the "Count the Crimes to Cut Act," aims to enhance transparency regarding federal criminal offenses and regulatory violations. Here’s what the bill proposes in detail:

Purpose of the Bill

The bill intends to direct the Attorney General and heads of federal agencies to compile and report information about criminal offenses under federal law, focusing on both statutory and regulatory offenses that carry criminal penalties.

Report on Criminal Statutory Offenses

• Within one year of the act becoming law, the Attorney General must submit a report detailing:
• A list of all federal criminal statutory offenses, including the specific elements that constitute each offense.
• For each offense, the report must include:
  • The potential penalties associated with the offense.
  • The number of prosecutions for each offense over the last 15 years.
  • The mens rea requirement (i.e., the mental state required to be found guilty).

Report on Criminal Regulatory Offenses

• Also, within one year, heads of certain federal agencies must report on their criminal regulatory offenses, which include offenses enforceable by their respective agencies. The report should include:
  • A list of all criminal regulatory offenses that the agency enforces.
  • For each offense listed, it must specify:
    • The potential penalty for violations.
    • The number of violations referred for prosecution over the last 15 years.
    • The mens rea requirement for the offense.
• The agencies required to submit reports include various departments such as:
  • Department of Agriculture
  • Department of Commerce
  • Department of Education
  • Department of Energy
  • Department of Health and Human Services
  • Department of Homeland Security
  • Department of Labor
  • Department of Transportation
  • Department of the Treasury
  • Environmental Protection Agency
  • Securities and Exchange Commission
  • And several others.

Public Index Creation

• Two years after the enactment of this Act, the Attorney General is required to create a publicly accessible index of the criminal statutory offenses mentioned in the report, making it available on the Department of Justice's website.
• Each agency must also create a similar publicly accessible index for their respective criminal regulatory offenses.

General Provisions

The bill states that it does not require or authorize any appropriations, meaning it does not allocate funds for its implementation.

Relevant Companies

None found