Statement of Judiciary Committee Chairman Bob Goodlatte Markup of H.R. 4023, the “Clean Up the Code Act of 2015”

Chairman Goodlatte: H.R. 4023, the “Clean Up the Code Act of 2015,” introduced by Congressman Steve Chabot of Ohio, strikes several sections of the U.S. Code, either because the conduct they criminalize should not be subject to criminal penalties, because these statutes have rarely, if ever, been prosecuted, or both. There is a reason that the Federal criminal code contains nearly 5,000 criminal statutes today.  It is because, over the years, when Congress has been faced with a problem, it has all too often enacted a Federal statute creating a new crime.  These “crimes du jour” may be outdated, ill-drafted, or, frankly, ridiculous.  However, they still exist in the criminal code.  H.R. 4023 strikes several of these unused, unnecessary sections. For example, 18 U.S.C. § 711a makes it a Federal crime to knowingly, and for profit, use the character “Woodsy Owl,” or the slogan “Give a Hoot, Don’t Pollute.”  This law was passed in 1974 – more than 40 years ago. In that time, I am unaware of a single instance in which someone has been prosecuted for violating this section of the Code – and rightfully so, since no sane federal prosecutor would waste a moment prosecuting someone for violating it.  It is clear that this conduct should not subject American citizens to criminal penalties. I commend the gentleman from Ohio for introducing this important legislation.  I urge my colleagues to support this bill.

For more on today’s markup, click here.