U.S. Senator Ted Cruz (R), has joined Sens. Mike Lee (R-UH) and Chris Coons (D-DE) in introducing the bipartisan Count the Crimes to Cut Act, legislation aimed at creating a comprehensive, publically accessible database of all federal criminal offenses.
The bill would require the U.S. Attorney General and the heads of other federal agencies to compile and publish lists of all federal criminal statutory offenses including the elements required to prove each offense.
"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 Sen. Cruz. "Congress has a responsibility to make the crimnal code knowable and accessible to enhance transparency, accountability, and clarity in federal criminal law."
Sen. Lee noted that the federal criminal code has grown so large that it is difficult for citizens to fully understand their potential criminal liability.
"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," said Lee, arguing that a full accounting would allow lawmakers to make more informed policy decisions.
Sen. Coons framed the proposal as a reform effort aimed at improving fairness and clarity.
"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 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."
Under the legislation, the Attorney General would be required to list each federal criminal offense, includin elements of the crime, potential penalties, prosecution data from the past 15 years, and applicable mens rea requirements. Federal agencies would also report criminal regulatory offenses within their jurisdiction and establish publicly accessible online indexes.
The bipartisan proposal reflects ongoing concerns about the complexity of the federal criminal code. By requiring a centralized, public accounting of all federal crimes and their enforcement history, lawmakers backing the bill argue Congress will be better positioned to evaluate potential reforms and ensure greater transparency in federal criminal law.
