I 
114TH CONGRESS 
1ST SESSION H. R. 3401 
To reduce Federal overcriminalization, protect Americans from unjust punish-
ment, and uphold the role of Congress by clarifying mens rea require-
ments 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 fol-
lowing 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 provi-
sions 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 crimi-
nal 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 Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stopping Over-Crim-
inalization 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 require-
ment for all Federal criminal offenses, and allows a mis-
take 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 pen-
alties are scattered throughout the Federal code and reg-
ister. To enable all Americans to access and view Federal 
crimes, the Act requires the creation of a Federal inven-
tory 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. 
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SEC. 3. CLARIFICATION OF DEFAULT MENS REA FOR FED-
ERAL OFFENSES. 
(a) IN GENERAL.—Chapter 1 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 28. Default mens rea requirement 
‘‘(a) KNOWING STATE OF MIND GENERALLY RE-
QUIRED.—For the purposes of a Federal offense, unless 
otherwise specifically provided in the provision of law de-
fining the offense, the state of mind required for a convic-
tion 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 reason-
ably 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.’’. 
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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 fol-
lowing: 
‘‘§ 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 enact-
ment or amendment (or the creation by agency rule-
making) of any Federal criminal offenses in order to 
keep the inventory as up to date as practicable. 
‘‘(b) PROHIBITION OF PROSECUTION OF NON-INVEN-
TORIED OFFENSES.— 
‘‘(1) GENERALLY.—Except as provided in para-
graph (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— 
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‘‘(A) the Government demonstrates beyond 
a reasonable doubt that a reasonable person 
would have known the conduct that person en-
gaged 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 DEFIN-
ING FEDERAL CRIMES. 
(a) IN GENERAL.—Chapter 8 of title 5, United 
States Code, is amended— 
(1) by inserting before section 801 the fol-
lowing: 
‘‘SUBCHAPTER I—CONGRESSIONAL REVIEW 
GENERALLY’’; 
and 
(2) by inserting after section 808 the following: 
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‘‘SUBCHAPTER II—RULES WITH CRIMINAL 
PENALTIES 
‘‘§ 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 
lllllll relating to llllll.’. (The blank 
spaces being appropriately filled in). 
‘‘(b) PROPOSED RULES TO BE SUBMITTED TO CON-
GRESS.—Upon proposing a rule to which subsection (a) 
applies, the agency proposing the rule shall submit to Con-
gress— 
‘‘(1) a copy of the rule, a concise general state-
ment relating to the rule, and the proposed effective 
date of the rule; 
‘‘(2) a justification for providing criminal pen-
alties, including— 
‘‘(A) an estimate of the number of ex-
pected prosecutions annually over a 10-year pe-
riod; 
‘‘(B) the anticipated cost of prosecuting 
and punishing, including by incarceration, of-
fenders; 
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‘‘(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 in-
carceration 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 disposi-
tion 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 ju-
risdiction 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 approv-
ing the rule, the committee to which the submission is re-
ferred is automatically discharged of the resolution of ap-
proval. 
‘‘(e) HOUSE
OF REPRESENTATIVES.—(1) In the 
House of Representatives, after the 15-day period de-
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scribed in subsection (d), it is at any time in order for 
a motion to proceed to the consideration of a joint resolu-
tion 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 com-
mittee of referral. The previous question shall be consid-
ered as ordered on the resolution to final passage without 
intervening motion, except one motion to recommit with-
out 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 dis-
charged 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 dis-
charged (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 mo-
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tion 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 mo-
tion is not subject to amendment, or to a motion to post-
pone, 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 re-
main 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 conclu-
sion of the debate on a joint resolution described in sub-
section (a), and a single quorum call at the conclusion of 
the debate if requested in accordance with the rules of the 
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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 proce-
dure 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 re-
ceives 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 re-
ceived 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 sec-
tion is enacted by Congress— 
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‘‘(1) as an exercise of the rulemaking power of 
the Senate and House of Representatives, respec-
tively, 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. 
‘‘§ 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 
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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 Mili-
tary Justice. 
Æ 
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