Congress demands a complete map of federal crimes—and who gets prosecuted.
S. 3868 — Count the Crimes to Cut Act · Filed by Mike Lee (R-UT) · 13 cosponsors · Introduced Feb 12, 2026 · Referred to committee
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What it does
This bill requires the Attorney General and 34 federal agencies to compile and publish a complete inventory of all federal criminal offenses—both those in statutes and those enforceable through regulations—including their penalties, prosecution history over the past 15 years, and mens rea (intent) requirements. The results must be published in a free, publicly searchable index within two years. The bill creates transparency about the scope and enforcement of federal criminal law.
Why we flagged it
The bill's sole operative mechanism is mandating disclosure of federal criminal offenses and their enforcement patterns. It is a transparency and accountability measure, not a substantive change to criminal law or enforcement authority.
What the text implies
- The 15-year prosecution history may reveal enforcement disparities or selective prosecution patterns, potentially fueling calls for prosecutorial reform or legislative change.
- Publishing mens rea requirements may expose gaps or inconsistencies in federal criminal statutes, highlighting areas where intent standards are unclear or missing.
The full analysis lists 4 implications of this text.
Who it affects
Citizens gain transparency into the scope and enforcement of federal criminal law, reducing the risk of unknowingly violating obscure or duplicative offenses and enabling informed advocacy for criminal-code reform. The bill imposes no new restrictions on citizens' rights or remedies—it is purely informational and accountability-focused.