Summary#
This bill orders a count and public listing of federal criminal offenses. It requires the Attorney General and many federal agencies to report what crimes exist, the penalties, how they are defined, and how often they were prosecuted or referred over the past 15 years. The goal appears to be to make the universe of federal criminal laws more visible to Congress and the public.
- Main change: The Justice Department must list all federal criminal statutes, their elements, mens rea (mental state) rules, penalties, and the number of prosecutions per year for the last 15 years.
- Agencies listed: About 40 federal agencies must list criminal regulatory offenses they enforce, their penalties, mens rea rules, and the number of times each was referred to DOJ for prosecution each year for the last 15 years.
- Public index: Within two years the DOJ and each listed agency must put a free, public index of those criminal offenses on their websites.
- Timing: Reports to congressional Judiciary Committees are due within 1 year of enactment; the public indexes are due within 2 years.
- Funding: The bill says it does not authorize any appropriations (it does not provide new funding).
What it means for you#
- Federal agencies and DOJ: Agencies named in the bill must gather historic data and legal information, prepare reports to Congress, and publish an online index. The DOJ must do the same for federal statutes.
- Congress: Members will get a single set of reports listing criminal laws and past prosecution activity. This could be used when considering changes to criminal law.
- People and businesses subject to federal law: There will be a public, searchable place to see what federal crimes and criminal regulatory offenses exist and the basic elements and penalties for each. This could make it easier to find what conduct is criminal.
- Lawyers, researchers, and the public: They will have a central reference for federal crimes and prosecution counts, if the agencies publish the indexes as required.
- If you are not connected to federal lawwork: The bill mainly changes government reporting and public information. It does not itself add new crimes or change penalties.
Expenses#
No direct public cost is identified in the available material. The bill also says it does not authorize appropriations.
- Agencies and the DOJ will likely need staff time and technical work to collect 15 years of data and to build public indexes. This could include legal review, data searches, and website work.
- Because the bill does not provide funding, agencies may have to absorb these costs within existing budgets.
- The bill does not include a fiscal note or an estimate of savings or costs.
Proponents' View#
- The bill appears intended to make the full set of federal criminal laws and enforcement activity clear and transparent.
- Supporters may argue that a public inventory can help Congress spot redundant, obsolete, or rarely used crimes to consider repeal or reform.
- A public index could help citizens, businesses, and lawyers find and understand what federal conduct is criminal.
- The 15-year prosecution and referral counts could show how often particular criminal provisions are used in practice.
Opponents' View#
- One concern is administrative burden: collecting 15 years of consistent data across many agencies may be time-consuming and costly, and the bill does not provide funding.
- The bill does not explain how to count or classify prosecutions and referrals in complex cases (for example, multi-count indictments, overlapping statutes, or prosecutions by state or military authorities). This could make data inconsistent or hard to compare.
- Mens rea (mental state) rules and "elements" of offenses can be legally complex. The bill does not set standards for how agencies should describe them, which could lead to varying levels of detail or legal accuracy.
- The prosecution and referral counts alone may not show context, such as why a statute is rarely used or whether referrals led to charges, convictions, or dismissals. This could lead to misleading conclusions if used without more detail.
- The lack of authorized funding could limit agencies’ ability to complete accurate, high-quality reports and public indexes.