WASHINGTON – U.S. Senators Mike Lee (R-UT) and Chris Coons (D-DE) introduced the Count the Crimes to Cut Act aimed at addressing the bloated federal criminal code. The bill is cosponsored by Senators Ted Cruz (R-TX), Cory Booker (D-NJ), Roger Wicker (R-MS), and Peter Welch (D-VT).

“Our federal criminal code is massively over-inflated, with thousands of crimes making it impossible for anyone to fully understand the criminal liability they face,” said Senator Mike Lee. “We cannot fix what we refuse to measure, and this bill ensures Congress and the public have the facts necessary to make smarter, safer policy decisions.”

“We need to reexamine the sprawling system of federal crimes and penalties tucked into new laws and inserted into old ones that Congress has created over decades,” said Senator Chris Coons. “This bipartisan, commonsense bill will create a database of all federal crimes, so lawmakers can determine the reforms needed to make the law fairer, saner, and more effective.”

"Criminal laws are opaque and scattered across thousands of pages of statutes and regulations, preventing Americans from understanding when they might be crossing into criminal conduct,” said Senator Ted Cruz. “Congress has a responsibility to make the criminal code knowable and accessible to enhance transparency, accountability, and clarity in federal criminal law. I’m proud to join Senators Lee and Coons in introducing this bipartisan bill.”

“Meaningful criminal justice reform requires more than good intentions—it takes a serious examination of what’s already on the books,” said Senator Peter Welch. “Congress has a responsibility to understand the full scope of the federal criminal code to promote public safety. This bipartisan legislation will increase transparency, reduce overcriminalization, and ensure due process in our criminal justice system.”

Background

Currently, the full scope of criminal liability remains unknown to citizens, businesses, and even lawmakers, as there is no complete, accessible list of all federal crimes. The federal code includes thousands of offenses. This bipartisan bill, which already passed the House of Representatives by voice vote as H.R. 2159, restores transparency and accountability to the federal criminal code.

Under the Count the Crimes to Cut Act:

• The Attorney General must report a list of all federal criminal statutory offenses, including the elements for each offense, the potential criminal penalties, prosecution data from the past 15 years, and mens rea requirements.

• Heads of key federal agencies must also conduct a report with the same requirements as the Attorney General on criminal regulatory offenses enforceable by their departments.

• Both the Department of Justice and agencies must establish publicly accessible online indexes of these offenses for easy reference.

The Count the Crimes to Cut Act will help create a modern federal criminal code that better respects constitutional principles of federalism and ensures that federal resources are used in that way that best supports public safety. The bill has been endorsed by the National District Attorneys Association, the National Association of Criminal Defense Lawyers, the Federal Defenders, Families Against Mandatory Minimums, the Due Process Institute, the R Street Institute, and Right on Crime.

Read the full text of bill here.

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