[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3401 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 3401

 To reduce Federal overcriminalization, protect Americans from unjust 
  punishment, and uphold the role of Congress by clarifying mens rea 
 requirements for all Federal criminal offenses, creating an inventory 
 of Federal offenses that carry a criminal penalty, and providing that 
   no rule of the executive branch which may be enforced by criminal 
  penalties can take effect unless a joint resolution of approval is 
                           enacted into law.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2015

  Mr. Rooney of Florida (for himself and Mr. Richmond) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
     and in addition to the Committee on Rules, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To reduce Federal overcriminalization, protect Americans from unjust 
  punishment, and uphold the role of Congress by clarifying mens rea 
 requirements for all Federal criminal offenses, creating an inventory 
 of Federal offenses that carry a criminal penalty, and providing that 
   no rule of the executive branch which may be enforced by criminal 
  penalties can take effect unless a joint resolution of approval is 
                           enacted into law.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stopping Over-Criminalization Act of 
2015''.

SEC. 2. PURPOSE.

    The purpose of this Act is to reduce the size, scope and complexity 
of the Federal criminal code. In order to ensure that honest mistakes 
by individuals who are not morally blameworthy do not result in 
criminal charges, the Act establishes a default criminal state of mind 
requirement for all Federal criminal offenses, and allows a mistake of 
law defense for situations in which the defendant did not know, and a 
reasonable person would not have known, that the action was a crime. 
Currently, Federal crimes, including executive rules that carry 
criminal penalties are scattered throughout the Federal code and 
register. To enable all Americans to access and view Federal crimes, 
the Act requires the creation of a Federal inventory that lists all 
Federal criminal offenses, including agency rules that define criminal 
offenses. To uphold the role of Congress in defining what constitutes a 
Federal crime, the Act holds that no rule of the executive branch 
defining or establishing a criminal offense shall have force or effect 
unless approved by both branches of Congress.

SEC. 3. CLARIFICATION OF DEFAULT MENS REA FOR FEDERAL OFFENSES.

    (a) In General.--Chapter 1 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 28. Default mens rea requirement
    ``(a) Knowing State of Mind Generally Required.--For the purposes 
of a Federal offense, unless otherwise specifically provided in the 
provision of law defining the offense, the state of mind required for a 
conviction is knowing as to each element of the offense.
    ``(b) Special Rule for Regulatory and Similar Offenses.--In 
addition, in the case of an offense, such as a regulatory offense, 
where a defendant might reasonably be unaware the conduct could be 
criminally punished, the Government must prove the defendant had reason 
to know the defendant's conduct was unlawful.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 1 of title 18, United States Code, is amended by adding at the 
end the following new item:

``28. Establishing a default mens rea for Federal offenses.''.

SEC. 4. REQUIRING AN INVENTORY OF ALL FEDERAL CRIMINAL OFFENSES.

    (a) In General.--Chapter 31 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 530E. Inventory of Federal criminal offenses
    ``(a) Development and Availability.--
            ``(1) Initially.--Not later than one year after the 
        enactment of this section, the Attorney General shall develop 
        and make available to the public, online and through other 
        appropriate means, an inventory of all Federal criminal 
        offenses, including violations of agency rules that carry 
        criminal penalties.
            ``(2) Updating.--The Attorney General shall update the 
        inventory following the subsequent enactment or amendment (or 
        the creation by agency rulemaking) of any Federal criminal 
        offenses in order to keep the inventory as up to date as 
        practicable.
    ``(b) Prohibition of Prosecution of Non-Inventoried Offenses.--
            ``(1) Generally.--Except as provided in paragraph (2), it 
        is a defense against a prosecution for any Federal offense that 
        the offense is not listed in the inventory as required by this 
        section.
            ``(2) Exceptions.--Paragraph (1) does not apply if--
                    ``(A) the Government demonstrates beyond a 
                reasonable doubt that a reasonable person would have 
                known the conduct that person engaged in was criminal 
                in nature; or
                    ``(B) the conduct of the defendant resulted in an 
                imminent and foreseeable risk of death or bodily injury 
                to another.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 31 of title 28, United States Code, is amended by adding at the 
end the following new item:

``530E. Inventory of Federal criminal offenses.''.

SEC. 5. PRESERVING THE ROLE OF CONGRESS IN DEFINING FEDERAL CRIMES.

    (a) In General.--Chapter 8 of title 5, United States Code, is 
amended--
            (1) by inserting before section 801 the following:

           ``SUBCHAPTER I--CONGRESSIONAL REVIEW GENERALLY'';

        and
            (2) by inserting after section 808 the following:

             ``SUBCHAPTER II--RULES WITH CRIMINAL PENALTIES

``Sec. 811. New rules with criminal penalties
    ``(a) Limitation on Taking Effect.--A new rule with criminal 
penalties shall not take effect except upon the enactment of a joint 
resolution under this subchapter, the matter after the resolving clause 
of which is as follows: `That Congress approves the rules submitted by 
the _______ relating to ______.'. (The blank spaces being appropriately 
filled in).
    ``(b) Proposed Rules To Be Submitted to Congress.--Upon proposing a 
rule to which subsection (a) applies, the agency proposing the rule 
shall submit to Congress--
            ``(1) a copy of the rule, a concise general statement 
        relating to the rule, and the proposed effective date of the 
        rule;
            ``(2) a justification for providing criminal penalties, 
        including--
                    ``(A) an estimate of the number of expected 
                prosecutions annually over a 10-year period;
                    ``(B) the anticipated cost of prosecuting and 
                punishing, including by incarceration, offenders;
                    ``(C) a cost-benefit analysis of punishing offenses 
                as crimes, rather than lesser violations, including the 
                effect on rule compliance, impact on total Federal 
                spending, and the impact of incarceration and other 
                punishments under the rule on communities.
            ``(3) a criminal rule report for such rule. Such a rule may 
        not take effect prior to the final disposition date for such 
        criminal rule report.
    ``(c) Referral of Submission.--Upon receipt of a submission under 
this section, each House of Congress shall provide copies of the 
submission to the chairman and ranking member of each standing 
committee with the jurisdiction to report a bill to amend the provision 
of law under which the rule is issued.
    ``(d) Deadline for Reporting by Committees.--If, not later than 15 
legislative days after the referral in one of the Houses of Congress, 
no committee to which a submission is referred under subsection (c) 
reports out, either favorably or unfavorably, a joint resolution 
approving the rule, the committee to which the submission is referred 
is automatically discharged of the resolution of approval.
    ``(e) House of Representatives.--(1) In the House of 
Representatives, after the 15-day period described in subsection (d), 
it is at any time in order for a motion to proceed to the consideration 
of a joint resolution described in subsection (a).
    ``(2) In the House of Representatives, all points of order against 
a joint resolution described in subsection (a) shall be considered 
waived. The joint resolution shall be debatable for one hour equally 
divided and controlled by the chairman and ranking minority member of 
the committee of referral. The previous question shall be considered as 
ordered on the resolution to final passage without intervening motion, 
except one motion to recommit without instructions.
    ``(f) Automatic Discharge.--In the Senate, if the committee to 
which is referred a joint resolution described in subsection (a) has 
not reported such joint resolution (or an identical joint resolution) 
after the 15-day period described in subsection (d), such committee 
shall be discharged from further consideration of such joint resolution 
and such joint resolution shall be placed on the calendar.
    ``(g) Motion To Proceed and Debate.--(1) In the Senate, when the 
committee to which a joint resolution is referred has reported, or when 
a committee is discharged (under subsection (f)) from further 
consideration of a joint resolution described in subsection (a), it is 
at any time thereafter in order (even though a previous motion to the 
same effect has been disagreed to) for a motion to proceed to the 
consideration of the joint resolution, and all points of order against 
the joint resolution (and against consideration of the joint 
resolution) are waived. The motion is not subject to amendment, or to a 
motion to postpone, or to a motion to proceed to the consideration of 
other business. A motion to reconsider the vote by which the motion is 
agreed to or disagreed to shall not be in order. If a motion to proceed 
to the consideration of the joint resolution is agreed to, the joint 
resolution shall remain the unfinished business of the Senate until 
disposed of.
    ``(2) In the Senate, debate on the joint resolution, and on all 
debatable motions and appeals in connection therewith, shall be limited 
to not more than 5 hours, which shall be divided equally between those 
favoring and those opposing the joint resolution. A motion further to 
limit debate is in order and not debatable. An amendment to, or a 
motion to postpone, or a motion to proceed to the consideration of 
other business, or a motion to recommit the joint resolution is not in 
order.
    ``(3) In the Senate, immediately following the conclusion of the 
debate on a joint resolution described in subsection (a), and a single 
quorum call at the conclusion of the debate if requested in accordance 
with the rules of the Senate, the vote on final passage of the joint 
resolution shall occur.
    ``(4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure relating to a 
joint resolution described in subsection (a) shall be decided without 
debate.
    ``(h) Consideration by the Other House.--If, before the passage by 
one House of a joint resolution of that House described in subsection 
(a), that House receives from the other House a joint resolution 
described in subsection (a), then the following procedures shall apply:
            ``(1) The joint resolution of the other House shall not be 
        referred to a committee.
            ``(2) With respect to a joint resolution described in 
        subsection (a) of the House receiving the joint resolution--
                    ``(A) the procedure in that House shall be the same 
                as if no joint resolution had been received from the 
                other House; but
                    ``(B) the vote on final passage shall be on the 
                joint resolution of the other House.
    ``(i) Exercise of Rulemaking Power.--This section is enacted by 
Congress--
            ``(1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a joint resolution described in 
        subsection (a), and it supersedes other rules only to the 
        extent that it is inconsistent with such rules; and
            ``(2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.
``Sec. 812. Definition
    ``In this subchapter, the term `new rule with criminal penalties' 
means a rule or provision of a rule, or an amendment to such a rule or 
provision, that--
            ``(1) if violated, may be punished by criminal penalties; 
        and
            ``(2) is proposed after the date of enactment of this 
        section.''.
    (b) Clerical Amendment.--
            (1) References to chapter conformed.--Sections 801 through 
        808 of such title are amended by striking ``chapter'' each 
        place such term appears, and inserting ``subchapter''.
            (2) Table of sections.--The table of sections for chapter 8 
        of such title is amended as follows:
                    (A) before the item pertaining to section 801, 
                insert the following:

            ``subchapter i. congressional review generally'';

                and
                    (B) after the item pertaining to section 808, 
                insert the following:

             ``subchapter ii. rules with criminal penalties

``811. Agency reviews of rules with criminal penalties.
``812. Definitions.''.

SEC. 6. NONAPPLICATION OF ACT TO UNIFORM CODE OF MILITARY JUSTICE.

    Nothing in this Act or any amendment made by this Act applies to 
any existing or future statute or regulation enacted in, or prescribed 
under, the Uniform Code of Military Justice.
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