Count the Crimes to Cut Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7270 To direct the Attorney General of the United States to submit to the Congress a report on Federal criminal offenses, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 18, 2020 Mr. ROY introduced the following bill; which was referred to the Committee on the Judiciary A BILL To direct the Attorney General of the United States to submit to the Congress a report on Federal criminal offenses, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Count the Crimes to 4 Cut Act of 2020’’. 5 SEC. 2. REPORT ON FEDERAL CRIMINAL OFFENSES. 6 (a) DEFINITIONS.—In this section— 7 (1) the term ‘‘criminal regulatory offense’’ 8 means a Federal regulation that is enforceable by a 9 criminal penalty; and 10 VerDate Sep 11 2014 23:19 Jul 10, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7270.IH H7270 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 7270 IH (2) the term ‘‘criminal statutory offense’’ 1 means a criminal offense under a Federal statute. 2 (b) REPORT ON CRIMINAL STATUTORY OFFENSES.— 3 Not later than 1 year after the date of enactment of this 4 Act, the Attorney General shall submit to the Committee 5 on the Judiciary of the Senate and the Committee on the 6 Judiciary of the House of Representatives a report, which 7 shall include— 8 (1) a list of all criminal statutory offenses, in- 9 cluding a list of the elements for each criminal stat- 10 utory offense; and 11 (2) for each criminal statutory offense listed 12 under paragraph (1)— 13 (A) the potential criminal penalty for the 14 criminal statutory offense; 15 (B) the number of prosecutions for the 16 criminal statutory offense brought by the De- 17 partment of Justice each year for the 15-year 18 period preceding the date of enactment of this 19 Act; and 20 (C) the mens rea requirement for the 21 criminal statutory offense. 22 (c) REPORT ON CRIMINAL REGULATORY OF- 23 FENSES.— 24 VerDate Sep 11 2014 23:19 Jul 10, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7270.IH H7270 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 7270 IH (1) REPORTS.—Not later than 1 year after the 1 date of enactment of this Act, the head of each Fed- 2 eral agency described in paragraph (2) shall submit 3 to the Committee on the Judiciary of the Senate and 4 the Committee on the Judiciary of the House of 5 Representatives a report, which shall include— 6 (A) a list of all criminal regulatory of- 7 fenses enforceable by the agency; and 8 (B) for each criminal regulatory offense 9 listed under subparagraph (A)— 10 (i) the potential criminal penalty for a 11 violation of the criminal regulatory offense; 12 (ii) the number of violations of the 13 criminal regulatory offense referred to the 14 Department of Justice for prosecution in 15 each of the years during the 15-year period 16 preceding the date of enactment of this 17 Act; and 18 (iii) the mens rea requirement for the 19 criminal regulatory offense. 20 (2) AGENCIES DESCRIBED.—The Federal agen- 21 cies described in this paragraph are the Department 22 of Agriculture, the Department of Commerce, the 23 Department of Education, the Department of En- 24 ergy, the Department of Health and Human Serv- 25 VerDate Sep 11 2014 23:19 Jul 10, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7270.IH H7270 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 7270 IH ices, the Department of Homeland Security, the De- 1 partment of Housing and Urban Development, the 2 Department of the Interior, the Department of 3 Labor, the Department of Transportation, the De- 4 partment of the Treasury, the Commodity Futures 5 Trading Commission, the Consumer Product Safety 6 Commission, the Equal Employment Opportunity 7 Commission, the Export-Import Bank of the United 8 States, the Farm Credit Administration, the Federal 9 Communications Commission, the Federal Deposit 10 Insurance Corporation, the Federal Election Com- 11 mission, the Federal Labor Relations Authority, the 12 Federal Maritime Commission, the Federal Mine 13 Safety and Health Review Commission, the Federal 14 Trade Commission, the National Labor Relations 15 Board, the National Transportation Safety Board, 16 the Nuclear Regulatory Commission, the Occupa- 17 tional Safety and Health Review Commission, the 18 Office of Compliance, the Postal Regulatory Com- 19 mission, the Securities and Exchange Commission, 20 the Securities Investor Protection Corporation, the 21 Environmental Protection Agency, the Small Busi- 22 ness Administration, the Federal Housing Finance 23 Agency, and the Office of Government Ethics. 24 VerDate Sep 11 2014 23:19 Jul 10, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7270.IH H7270 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 7270 IH (d) INDEX.—Not later than 2 years after the date 1 of enactment of this Act— 2 (1) the Attorney General shall establish a pub- 3 lically accessible index of each criminal statutory of- 4 fense listed in the report required under subsection 5 (b) and make the index available and freely acces- 6 sible on the website of the Department of Justice; 7 and 8 (2) the head of each agency described in sub- 9 section (c)(2) shall establish a publically accessible 10 index of each criminal regulatory offense listed in 11 the report required under subsection (c)(1) and 12 make the index available and freely accessible on the 13 website of the agency. 14 (e) RULE OF CONSTRUCTION.—Nothing in this sec- 15 tion shall be construed to require or authorize appropria- 16 tions. 17 Æ VerDate Sep 11 2014 23:19 Jul 10, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H7270.IH H7270 kjohnson on DSK79L0C42PROD with BILLS