[Congressional Record Volume 165, Number 13 (Tuesday, January 22, 2019)]
[House]
[Pages H967-H970]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     CLEAN UP THE CODE ACT OF 2019

  Mr. JOHNSON of Georgia. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 498) to eliminate unused sections of the United 
States Code, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows

                                H.R. 498

       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 ``Clean Up the Code Act of 
     2019''.

     SEC. 2. REPEALS.

       The following provisions of title 18, United States Code, 
     are repealed:
       (1) Section 46 relating to transportation of water 
     hyacinths.
       (2) Section 511A relating to unauthorized application of 
     theft prevention decal or device.
       (3) Section 707 relating to 4-H club emblem fraudulently 
     used.
       (4) Section 708 relating to Swiss Confederation coat of 
     arms.
       (5) Section 711 relating to ``Smokey Bear'' character or 
     name.
       (6) Section 711a relating to ``Woodsy Owl'' character, 
     name, or slogan.
       (7) Section 715 relating to ``The Golden Eagle Insignia''.
       (8) Chapter 89--Professions and Occupations.
       (9) Section 1921 relating to receiving Federal employees' 
     compensation after marriage.

     SEC. 3. CLERICAL AMENDMENTS.

       (a) Table of Chapters for Part I of Title 18.--The table of 
     chapters for part I of title 18, United States Code, is 
     amended by striking the item relating to chapter 89.
       (b) Table of Sections for Chapter 3.--The table of sections 
     for chapter 3 of title 18,

[[Page H968]]

     United States Code, is amended by striking the item relating 
     to section 46.
       (c) Table of Sections for Chapter 25.--The table of 
     sections for chapter 25 of title 18, United States Code, is 
     amended by striking the item relating to section 511A.
       (d) Table of Sections for Chapter 33.--The table of 
     sections for chapter 33 of title 18, United States Code, is 
     amended--
       (1) by striking the item relating to section 707;
       (2) by striking the item relating to section 708;
       (3) by striking the item relating to section 711;
       (4) by striking the item relating to section 711a; and
       (5) by striking the item relating to section 715.
       (e) Table of Sections for Chapter 93.--The table of 
     sections for chapter 93 of title 18, United States Code, is 
     amended by striking the item relating to section 1921.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Georgia (Mr. Johnson) and the gentleman from Georgia (Mr. Collins) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Georgia (Mr. Johnson).


                             General Leave

  Mr. JOHNSON of Georgia. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  Mr. JOHNSON of Georgia. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise in support of H.R. 498, the Clean Up the Code 
Act. I support this measure because it represents a small yet 
meaningful step toward addressing the problem of over-criminalization. 
H.R. 498 repeals several criminal penalties for violations that do not 
involve serious wrongdoing, at least not serious enough to warrant 
criminal prosecution or the consequences of a criminal record.
  Specifically, the bill decriminalizes the transportation of water 
hyacinths, the unauthorized application of theft prevention decals or 
devices, and the unauthorized use of the 4-H Club emblem; the Swiss 
Confederation coat of arms; the ``Smokey Bear'' character or name; the 
``Woodsy Owl'' character, name, or slogan; or the ``Golden Eagle 
Insignia.''
  The conduct that these laws are designed to deter or punish simply 
does not merit criminal sanctions. This bill repeals a number of these 
obscure and unnecessary criminal provisions. Criminal penalties should 
be reserved to deter offenses that jeopardize public safety or as 
punishment for serious moral transgressions. Such penalties should not 
be used to punish minor transgressions or to discourage behavior deemed 
unwanted but ultimately harmless to the greater public good. Therefore, 
while H.R. 498 is a modest step toward addressing the problem of over-
criminalization, I support its adoption by the House today.
  Mr. Speaker, I would like to recognize the efforts of my colleague, 
Representative   Steve Chabot, who is the author of this measure and 
who shepherded it to House passage last year with 385 votes in favor. I 
was the lead cosponsor of the bill last Congress, and I am pleased 
again to serve in that role for this bipartisan legislation.
  Mr. Speaker, I urge my colleagues to join me in voting for it today, 
and I reserve the balance of my time.
  Mr. COLLINS of Georgia. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I also rise in support of H.R. 498. This bill continues 
the House Judiciary Committee's commitment to addressing over-
criminalization and over-federalization in our Nation's criminal code. 
Last Congress I was proud to work with my friend and colleague from New 
York (Mr. Jeffries) to develop and enact the First Step Act, the most 
significant piece of criminal justice reform legislation in decades. 
Today's bill, championed by Mr. Chabot of Ohio, builds off that great 
victory and continues that process.
  Part of the reasoning behind the First Step Act was that Congress, as 
our Nation's lawmaking body, can and should from time to time make 
reasonable revisions to Federal law to ensure our laws work efficiently 
and fairly. Today our criminal code is bloated with nearly 5,000 
separate crimes. The bill before us begins to address that problem by 
eliminating nine sections of the Federal criminal code. Those sections 
either criminalize conduct that should not, fundamentally, be a Federal 
crime, or have never been prosecuted, or both.
  For instance, the unauthorized use of the Smokey Bear emblem, while 
problematic, should not land someone in a Federal penitentiary for 6 
months, especially when there are civil statutes already on the books 
protecting this and other insignia.
  Mr. Speaker, this bill continues the Judiciary Committee's proven 
approach to criminal justice reform legislation, namely to take a 
scalpel, not a sledgehammer, to the criminal code. I would like to 
thank my colleague, Mr. Johnson of Georgia, and also my colleague on 
the Republican side of the Judiciary Committee, Mr. Chabot, for their 
work on this.
  Mr. Speaker, I urge my colleagues to support this legislation, and I 
reserve the balance of my time.
  Mr. JOHNSON of Georgia. Mr. Speaker, I yield such time as she may 
consume to the gentlewoman from Houston, Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE. Mr. Speaker, I thank the gentleman from Georgia, and 
I congratulate him and Mr. Chabot for this legislation. I am glad that 
this is one of the early bills that we are moving forward. It sets the 
tone for this Congress, and it sets the tone for bipartisanship. It 
also sets the tone for the Democratic-led Congress on the continuation 
of working on the idea of ensuring that justice is truly rendered.

  This bill, H.R. 498, the Clean Up the Code Act of 2017, essentially 
repeals many unused statutes currently in the criminal code. Mr. 
Speaker, you have to pay a fine, but some of them even have jail time. 
It is right in line with the concept of ending mass incarceration just 
to incarcerate.
  It is well-known that this Nation has the largest number of people 
incarcerated in Western civilization, some 2 million-plus, added to, of 
course, by a number of individuals who are being held in detention 
centers across the Nation. It is emblematic of what is terribly wrong 
with our criminal justice system and sheds light on why it is 
imperative to have an overhaul of our Federal Criminal Code while 
addressing the ripple effects it creates within our criminal justice 
system.
  We had a task force entitled the Over-Criminalization Task Force in 
the Judiciary Committee which made an effective start on looking at 
Federal laws across the Nation to find out how we can best secure and 
safeguard the American people, bring justice to those who have done 
wrong, but also provide, if you will, a pathway of reasonableness as it 
relates to nonviolent crimes, crimes that don't have a major impact 
such as the concept of utilizing the Smokey Bear theme, if you will.
  We began our journey several Congresses ago to work in a bipartisan 
way to address the ills of our criminal justice system, as I have 
indicated, and I look forward to having the Over-Criminalization Task 
Force reestablished.
  As this bill seeks to promote, we must take initiatives to clean up 
our Federal Criminal Code, which in large part criminalizes many acts 
that can easily be addressed in other forms such as smaller fines. When 
we over-criminalize, we place an undue burden on the taxpayers and 
create long-term human costs on families and other communities. What we 
do is we create a criminal offense and we create a criminal record.
  We should penalize where necessary to ensure public safety and 
security and hold accountable those criminals who have done major 
damage and who would tend to offend, where appropriate. But we should 
also look for ways in which we could enhance our communities, human 
relations with civilians and law enforcement, and promote an entirely 
new approach to our criminal justice system.
  For all of the foregoing reasons and as well to suggest that Smokey 
Bear and Woodsy Owl would prefer being left alone as opposed to being 
held up in a criminal court as a reason for that particular offender 
being held to a fine of a large amount or jail time, I think this is an 
important bill and an important step.
  I congratulate the authors, both the gentleman from Georgia (Mr. 
Johnson)

[[Page H969]]

and the gentleman from Ohio (Mr. Chabot). I look forward to supporting 
this legislation, and I ask my colleagues to support the legislation.
  Ms. JACKSON LEE. Mr. Speaker, I am pleased to support H.R. 498, the 
``Clean Up the Code Act of 2019.''
  This legislation essentially repeals many unused statutes currently 
in the criminal code.
  It is emblematic of what is terribly wrong with our criminal justice 
system and sheds light on why it is imperative to have an overhaul of 
our federal criminal code, while addressing the ripple effects it 
creates within our criminal justice system.
  We began our journey several Congresses ago to work in a bipartisan 
way to address the ills of our criminal justice system through our 
Over-criminalization Task Force, which I intend to re-establish in this 
Congress.
  As this bill seeks to promote, we must take initiatives to clean up 
our federal criminal code, which in large part, criminalizes many acts 
that can easily be addressed in other forums.
  When we over-criminalize we place an undue burden on the taxpayers 
and create long term human costs on families and on our communities.
  We should penalize where necessary to ensure public safety and hold 
accountable criminals where appropriate.
  We should also look for ways in which we could enhance our 
communities, human relations with civilians and law enforcement, and 
provide an entirely new approach to our criminal justice system.
  For all the foregoing reasons, I support this bill and ask my 
colleagues to do the same.
  Mr. COLLINS of Georgia. Mr. Speaker, I yield such time as he may 
consume to the gentleman from Ohio (Mr. Chabot) to speak about the 
bill.
  Mr. CHABOT. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, today I rise in support of my bill, H.R. 498, the Clean 
Up the Code Act of 2019. I want to thank the gentleman from Georgia 
(Mr. Johnson) for his support and his leadership in making this 
legislation possible.
  Back in 2008, the Heritage Foundation published a report estimating 
that there were nearly 4,500 different Federal crimes in the U.S. Code. 
Five years later, the Judiciary Committee asked the Congressional 
Research Service to review the foundation's findings only to be told 
that it did not have the resources to fulfill our request. This is a 
clear indication that there are too many criminal laws on the books and 
the code needs to be cleaned up.
  H.R. 498 eliminates nine provisions in Title 18, a good start, that 
in some instances have never been prosecuted since their enactment. For 
example, as has already been mentioned, the unauthorized use of the 
Smokey Bear or Woodsy Owl will no longer be subject to criminal penalty 
if this bill is enacted.
  This bipartisan legislation is aimed at doing exactly what the bill 
title says--clean up the code. If there were too many criminal laws for 
the CRS to count back in 2013, let's help them get rid of the easy ones 
by enacting this legislation. As I say, it is a good start. It isn't 
going to solve the whole problem, but it is a good start, and I urge my 
colleagues to support this legislation.
  Mr. JOHNSON of Georgia. Mr. Speaker, may I inquire as to how many 
additional speakers my friend from Georgia foresees?
  Mr. COLLINS of Georgia. Mr. Speaker, it appears we have exhausted the 
supply, so we are ready to close.
  Mr. JOHNSON of Georgia. Mr. Speaker, with that in mind, I see that my 
dear colleague,  Jim Langevin, has arrived. He is the sponsor of H.R. 
439 which is the Future Farmers of America charter revision bill. He is 
the sponsor of that bill. He was on his way from the airport. His 
flight was delayed, but he is here now.
  Mr. Speaker, I yield 5 minutes to the gentleman from Rhode Island 
(Mr. Langevin).
  Mr. LANGEVIN. Mr. Speaker, I thank the gentleman from Georgia for 
yielding me time. I hope I won't use all 5 minutes. I first want to say 
I support the bill under debate right now and certainly support 
criminal justice reform. One of the best ways, of course, we can 
prevent people from hopefully going down the path of crimes is to make 
sure they have a good education, so hence I am here to speak on H.R. 
439.
  Mr. Speaker, as co-chair of the bipartisan Congressional Career and 
Technical Education Caucus, I am pleased to rise with my good friend 
and fellow co-chair, Representative G.T. Thompson, in support of H.R. 
439, the National FFA Organization's Federal Charter Amendments Act. I 
would like to thank my friend from Pennsylvania for his partnership on 
this bill which modernizes the FFA congressional charter to better 
serve the organization's 669,000 student members across the country.
  Since 1928 the FFA, formerly known as Future Farmers of America, has 
been an integral part of our Nation's agricultural education system. 
Its mission is to prepare the next generation of farmers who form the 
backbone of our Nation's food supply system. Congress recognized the 
FFA's importance in 1950 when it granted the organization a Federal 
charter. But today, nearly 70 years later, that charter is overdue for 
an update.
  Of the 100 nonprofit organizations that have charters with the 
Federal Government, from the Girl Scouts of America to the National 
Academy of Sciences, only six require government agencies to appoint 
members to the NGO's board of directors. Of those six, the FFA is the 
only federally chartered organization that requires a majority of its 
board members to be chosen by its partner agency, the Department of 
Education.
  The bill that had been considered this afternoon and that passed 
brings the role of the Department of Education in line with other 
congressionally chartered organizations while maintaining the long 
relationship between the department and the FFA. In doing so, it gives 
the FFA more autonomy to deliver its integrated system of agricultural 
career and technical education, or CTE, to the 8,000 chapters located 
across all 50 States, Puerto Rico, and the Virgin Islands.
  H.R. 439 allows the FFA to be more independent, but it retains its 
ability to collaborate with the Department of Education in agriculture. 
It also allows the FFA to move its headquarters from Washington, D.C. 
and provide online publications for its chapters around the country. 
The FFA needs to adapt to the 21st century economy, and modernizing 
this charter is a necessary step in that process.
  Today the FFA helps train more than future farmers. It prepares the 
next generation of scientists, veterinarians, and business owners 
through classroom and work-based learning. As a strong advocate for 
CTE, I am thrilled to support the skills-based education model on 
behalf of the FFA and its many teachers and students. Our bill aligns 
the FFA's charter with this focus on CTE, specifically the Agriculture, 
Food, and Natural Resources Career Cluster which gives students the 
opportunity to explore exciting careers and be prepared for future 
challenges.

                              {time}  1630

  Our country faces daunting tasks in agricultural policy, from 
addressing food shortages to containing animal-borne diseases and 
stopping the pollution of our waterways.
  Mr. Speaker, we can count on our Nation's FFA students to not only 
grow our economy but to become the next community of world leaders, 
ready to tackle these 21st century challenges.
  In my home State of Rhode Island, I am continually impressed by the 
hardworking, motivated, bright FFA students and the dedicated teachers 
who instruct them. Through the FFA, these students are developing the 
academic and technical skills to succeed in agricultural fields and the 
leadership skills to make a real difference.
  This bill, the National FFA Organization's Federal Charter Amendments 
Act, will allow the FFA to continue its mission with more autonomy.
  Mr. Speaker, I thank, again, my colleague G.T. Thompson from the 
great State of Pennsylvania, along with Chairman Nadler and Ranking 
Member Collins, for their support, as well as my esteemed colleague 
Senator Todd Young of Indiana for leading this bipartisan effort in the 
Senate.
  Mr. Speaker, I thank my colleagues for supporting this bill, and I 
thank the gentleman from Georgia for yielding.
  Mr. COLLINS of Georgia. Mr. Speaker, I rise on H.R. 498. Again, this 
is a good act. The Clean Up the Code Act is one that I ask everyone to 
support and vote ``yes'' on, and I yield back the balance of my time.
  Mr. JOHNSON of Georgia. Mr. Speaker, while I do not believe Federal 
prosecutors are neglecting the pursuit of

[[Page H970]]

serious criminals by bringing charges under Criminal Code provisions 
that H.R. 498 would repeal, this bill serves as an important reminder 
that Congress should be careful not to enact new criminal penalties 
when they are not warranted.
  We must resist overcriminalization, which fosters disrespect for the 
seriousness of the law and leads to collateral consequences for 
offenders that are often catastrophic to them and their ability to 
function in and contribute to their communities.
  It is my hope that, in this new Congress, we will be able to work on 
a bipartisan basis to expand our efforts to make our criminal justice 
system more fair and, thereby, also more effective.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Georgia (Mr. Johnson) that the House suspend the rules 
and pass the bill, H.R. 498.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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